Change to an Existing Approval 132005.699.10

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	132005.699.10
Your Reference:	N/A
11 November 2016

CBD Settlers Cove Pty Ltd
C/- Martoo Consulting Pty Ltd
C/- Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 11 November 2016, Council decided your requested changes.

Details of the decision are as follows:

DECISION DETAILS

Application No:	132005.699.10
Street Address:	902/10 Serenity Cl NOOSA HEADS  QLD  4567
Real Property Description:	Lot 902 SP 240848 (formerly Lot 4 SP 100064)
Planning Scheme:	The Noosa Plan (16 September 2013)

DECISION DETAILS

Council on 13 October 2005 decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple dwellings (42 units)

In relation to a request to make a change to the existing approval, Council on 1 August 2008 decided to: -
Amend the approval type to read:
Development Permit for Material Change of Use - Multiple dwellings (39 units)
Approve a change to Conditions 1, 3, 5, 9, 30, 31, 32, 34 & 36
Delete Conditions 19 & 35
Include additional Condition 79

In relation to a request to make a change to the existing approval, Council on 18 December 2008 decided to: -
A.	Approve a change to Conditions 24 & 46

In relation to the request to make a change to the existing approval, Council on 5 March 2010 decided to:-
A.	Approve a change to Condition 16 extending the relevant period to 13 October 2011.

In relation to a request to make a change to the existing approval, Council on 2 December 2010 decided to:
Amend the approval type to read:
Development Permit for Material Change of Use - Multiple dwellings (36 units)
Approve a change to Condition 16 extending the relevant period until 2 December 2014.
Approve a change to Conditions 1, 5, 7, 9, 16, 25, 26, 29, 31, 32, 33, 34 & 65, and Advisory Note 1
Agree to delete Condition 24

In relation to a request to make a change to the existing approval, Council on 21 April 2011 decided to:
A.	Agree to delete Condition 21
B.	Refuse to delete Conditions 4, 18, 23, 46 & 47
C.	Approve a change to Condition 18

In relation to the request to make a change to the existing approval, Council on 17 July 2013 decided to:
A.	Approve a change to Condition 16 extending the relevant period to 2 December 2015.

In relation to a request to amend a plan, Council on 17 December 2013 decided to:
Issue a Generally in Accordance approval

In relation to the request to make a change to the existing approval, Council on 4 June 2014 decided to:
A.	Approve a change to Item 3 and Condition 16 extending the relevant period for 1 year to 2 December 2016.

In relation to the request to make a change to the existing approval, Council on 16 March 2015 decided to:
Approve a change to Conditions 1, 8, 10 & 11.
In relation to the request to make a change to the existing approval, Council on 11 November 2016 decided to:
A.	Agree to change Condition 16 extending the relevant period for 6 months to 2 June 2017.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval finishes on 2 June 2017.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are prepared by Cape Bouvard Pty Ltd and numbered:
Plan / Doc No.	Rev.	Plan / Document Name	Date
DA 02	P	Basement Masterplan	20 October 2010
DA 03	P	Stage 3 – Iluka & Emerald - Site Master Plan	20 October 2010
2980/10	03	Roof Plan	Jan 2014
DA 07	P	Stage 3A – Iluka - Basement Plan	20 October 2010
DA 08	P	Stage 3A – Iluka - Level 1 Floorplan	20 October 2010
DA 09	P	Stage 3A – Iluka - Level 2 Floorplan	20 October 2010
DA 10	P	Stage 3A – Iluka - Level 3 Floorplan	20 October 2010
DA 11	P	Stage 3A – Iluka - Level 4 Floorplan	20 October 2010
2980/11	03	Elevations	Jan 2014
2980/12	03	Elevations	Jan 2014
DA 15	P	Stage 3B – Emerald - Basement Plan	20 October 2010
DA 16	P	Stage 3A – Emerald -Level 1 Floorplan	20 October 2010
DA 17	P	Stage 3A – Emerald - Level 2 Floorplan	20 October 2010
DA 18	P	Stage 3A – Emerald - Level 3 Floorplan	20 October 2010
2980/09	03	Level 4 Floor Plan	Jan 2014
DA 20	P	Stage 3A – Emerald - Elevations 1	20 October 2010
DA 21	P	Stage 3A – Emerald - Elevations 2	20 October 2010
and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas within the area of the site able to be developed excluding the area of the site included in the Retained & Enhanced Vegetation, are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter and shall include:
retention of existing trees within the side and front setback areas, except where their removal would be necessary as a result of approved building or operational works;
retention of existing trees between the building and the area of the site identified as Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated 30 June 2004, except where their removal would be necessary as a result of approved building or operational works or the requirements of the Bushfire Management Plan;
incorporation of koala and glossy black cockatoo food trees; and
mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45 litre native trees.
The Eucalyptus tereticornis trees and their surrounding native vegetation on the area of Lot 5 (Development Approval 23118 DA) shall not be cleared until at least 25 Eucalyptus tereticornis trees have been planted, are well established and attained 3 metres in height, in the Private Open Space for Conservation & Waterways Protection area on Lot 5.  These works shall be undertaken pursuant to the Environmental Management Plan (EMP1) prepared by WBM Oceanics Australia and dated 25 July 2005 and the Ecological Restoration Plan & Specifications prepared by C&B Group and dated May 2005.
An easement in favour of the general public shall be provided over the pathway proposed along the site’s southern boundary and through the Private Open Space for Conservation & Waterways Protection Area as shown on drawing No. 0215.5-6.SK04A prepared by Stephen Kidd Design, or alternatively, as shown on drawing no. DA 03 Revision P prepared by Cape Bouvard Pty Ltd and dated 20 October 2010.  The pathway shall be constructed to provide for pedestrian access for the general public during daylight hours 7am to 7pm, 7 days a week and shall be constructed in accordance with the approved Management Plans for the site.
Any fencing provided in conjunction with the development is to be setback at least 1 metre from the road frontage with at least half of any fence setback 2 metres.  Dense landscaping is to be provided between the road frontage and any fencing.
The visitor parking spaces at the frontage of the site shall be set back a minimum of 2 metres from the front boundary to allow for soft landscaping to be established.
The rooftop terraces shall not be covered with any fixed structure or the like, except for the open trellises shown on the approved roof plan.
Any pools, spas, terraces, pathways or the like shall be setback a minimum of 6 metres from the Private Open Space for Conservation & Waterways Protection, with excavations undertaken to minimise any impacts on vegetation in the adjoining Private Open Space for Conservation & Waterways Protection.
With the exception of a minor eaves and parapet/lift-overrun wall incursion adjacent the building’s southern elevation, the building shall not exceed 15 metres in height measured from the natural and finished ground level in accordance with the Planning Scheme.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme, with exception for the minor incursions noted in Condition 10 above.
Existing trees on the site and within road reserves are to be retained except where required to be removed due to building operations, requirements of the Bushfire Management Plan & the Ecological Restoration Plan or the conduct of the approved use.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use lapses if the use has not happened by 2 June 2017, during this time all associated works (including both the Illuka and Emerald stages of the development) must be completed.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
All hot water systems installed shall be either solar systems; electric heat pump systems or gas systems (LPG or natural).  Alternate energy efficient hot water systems may be used, provided that prior written approval is obtained from Council’s Planning Assessment Branch.
Deleted.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with AAAA Water Conservation Rating System.  All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.  Dishwashers, baths, spa baths and washing machines are excluded from this requirement.
BUILDING SERVICES
Deleted.
Numerous geotechnical reports for this site have been tendered since 1979 and these have been sourced and referenced so the following conditions apply to the site without reference to Council’s Consulting Engineer - Coffey Geosciences.
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
Vibration monitoring is to be carried out by the geotechnical engineer and appropriate action taken should vibration effects be a concern.
A RPEQ is to be engaged by the client to oversee the piling works.
The construction of the whole of the foundations is to be carried out in accordance with the recommendations of the applicant’s consulting Geotechnical engineer, including any on-site supervision required by these recommendations.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s consulting Geotechnical engineer have been undertaken to ensure that no further slippage will result.
LAND DEVELOPMENT
All relevant conditions of Development Permit 23118 DA shall be complied with prior to the use approved under this permit (2005/0699) commencing.
Lot Amalgamation
Deleted.
Vehicle Access
A 6.0 metre wide concrete crossover driveway shall be constructed from Serenity Close generally in accordance with Council’s Standard Drawing SEQ R-051.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with Council’s Standards or AS/NZS 2890.1-2004.
Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
All vehicles shall enter and leave the site in a forward direction.
Full engineering details of the proposed driveway and carparking area shall be submitted for approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
The development shall have an internal driveway that complies with the width and grade requirements as set out in AS/NZ2890.1-2004.
Service Bay
A shared service bay for small delivery/maintenance vehicles and visitor parking shall be made available on site.  This space shall be clearly line-marked and sign posted for use by Service Vehicles between the hours of 6am to 6pm.  Outside of the specified hours the space could be used as a standard visitor space.
Carparking
Carparking shall be provided within the site as generally shown on drawing number DA02 Revision P dated 20 October 2010 prepared by Cape Bouvard Investments Pty Ltd, except as modified herein.
A minimum of 84 carpark spaces shall be provided on site generally as shown on drawing number DA02 Revision P dated 20 October 2010 prepared by Cape Bouvard Investments Pty Ltd, comprising:
Seventy-two (72) under cover resident carpark spaces and a minimum of five (5) under cover visitor carpark spaces (within the basement), including 2 disabled spaces.  The visitor spaces shall be accessible via an intercom facility at the basement entrance.
Four (4) uncovered carpark spaces (towards the frontage of the building and the development site), consisting of 2 standard spaces and 2 disabled spaces.
Deleted.
All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-2004 with a minimum head clearance (headroom) at any point of 2.2m.
All carpark spaces shall be clearly defined by line marking each space and by providing appropriate signage.  To this extent:
Deleted.
The tandem carpark spaces within the basement must be line-marked and signed so that visitors can only park behind the car parking space assigned to the resident that they are visiting.
Deleted.
Deleted.
The uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically for “Visitor Parking Only”.  In addition, these spaces shall be restricted to short term parking only with a maximum time limit of 2 hours.
All carparking spaces as defined shall remain as parking spaces and are not to be converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management Statement for the development.
Deleted.
Carparking spaces adjacent to the car turning areas shall be provided with a bollard or other similar device to protect any vehicle parked in these spaces from being damaged by vehicles using the turning areas.
Vehicle speeds within the basement shall be controlled by appropriate advisory speed signs and through the provision of speed humps.
Access to the visitor car parking in the basement shall be controlled via an intercom system, which ensures that these spaces are available to visitors.
A small sign shall be installed within the site (in a clearly visible location for all vehicles to see near the entry gates) to advise visitors that visitor car parking spaces are provided within the basement carpark and to use the intercom system to contact the manager or the unit they are visiting to enable entry to the basement and to these spaces.
Vegetation Protection
All trees to be retained shall be clearly defined on all drawings and clearly marked on site to prevent any damage occurring to these trees.
Any works required within the drip zone of any trees to be retained shall be carried out by hand, not by machinery.
The internal driveway (or any other form of hard pavement for that matter) within the drip zone of any trees on site to be retained shall be designed to allow the flow of water through the pavement or be designed to direct stormwater runoff to the trees root system.  To this extent the uncovered visitor spaces towards the frontage of the development may be able to incorporate Grass Rings or a similar device that allows water penetration.
All pavements shall be constructed so as not to damage the root system of any trees to be retained and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of pavements proposed, how they comply with the above conditions and also illustrating any temporary fencing to protect the trees prior to obtaining a Development Permit for Operational Works.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close frontage of the site (if not already provided) in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if not already provided) in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Stormwater Drainage
A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and water quality management incorporating the principles of the Environmental Management Plan for the Settlers Cove Development 23118DA, that demonstrates water reuse strategies, infrastructure capacity and effective treatment methodology.  The use of rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall design plans.  These plans shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
A stormwater holding tank shall be provided on site with a capacity to hold at least 40,000 litres of water for the purpose of providing non-potable water supply to landscaped areas.
On site swale drains will be required to capture and direct any overland stormwater runoff to the Infiltration Pits proposed on site.  These swales shall be sized to carry a 3-month storm event and plans detailing their capacity, location, length, width and grades shall be submitted to Council for approval.
To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately the water table, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor (or similar device) provided on site prior to discharging into the infiltration pits.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
All other clean stormwater, such as roof water, can be collected on site and discharged directly into the infiltration pits, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Plans of the entire on site drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units are served by a single service, multiple water meters to each individual unit and for the body corporate shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Service Easements
All existing and proposed easements within the site shall be shown on the plans submitted for Operational Works / Building Works approval.
Registered easements shall be created over any Council service within the subject site in accordance with Council’s requirements (if not already created) and at no cost to Council.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Earthworks
Plans and details outlining the extent of earthworks required on site and any trees to be retained shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All major excavations (including the basement and driveways) shall be shored to prevent batters extending into areas and vegetation that are to be retained.  All trees to be retained should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.
It is recommended that the applicant employ the services of a Geotechnical Engineer to supervise and certify the earthworks required on site and measures to ensure stability of adjoining land and structures.
Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses or overland flow path.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site, controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs will be necessary.
Plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.  The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of best practice for Erosion & Sediment Control.
Construction Issues
A Construction Management Plan addressing all construction phases, including traffic management, shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the construction process and include recommendations on how these can be overcome or minimised. The report shall be to the reasonable satisfaction of Council’s Coordinator – Development Construction.
Community Management Statement Requirements
The Applicant and all future owners of the site shall comply with the Environmental Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the EMP shall be referenced in any community management statement over the site.
The Fire Management Plan is to be implemented by the Developer and future owners of the site and is to be referenced in any community management statement.
The owners of the allotment and subsequent units shall not object to the construction of a boardwalk along Noosa Inlet beside allotment 5 & 6 for the purpose of providing public access. Any Community Management Statement established over these allotments shall also detail that the body corporate will not object to the provision of a boardwalk as detailed above.
General
A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
ENVIRONMENTAL HEALTH
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.
Noise emission from swimming pool and spa equipment (including heating equipment) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: Which is audible outside the most exposed part of an affected building
From 7am to 7pm: More than the lower of either –
50 dB(A)
dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Submission of written certification from a suitably qualified person confirming that the noise levels comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.  This is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.
A person must not use equipment on any day if it makes or causes noise to be made –
76.3.1	From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level

From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Noise from building works associated with residential development shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
As the development is in close proximity to mosquito and midge breeding area all windows and doors are to be screened.  The developer has to conduct an educational/awareness campaign for all residents.
Additional Condition 1 August 2008
The external finishes of the building shall be of muted tones that blend in with the surrounding bushland setting and minimise the building’s visibility when viewed from outside the Serenity Close as generally depicted on the proposed colour palette prepared by Blackburne Jackson Design and dated 22 April 2008.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

Refer to table in Condition 1.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $73,370 and is subject to variations in the Consumer Price Index, All Groups Brisbane from September 2010 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, Access and/or Carparking, Site Civil Works, Stormwater Drainage, Frontage Works, Sewer Reticulation if not already installed, Water Reticulation if not already installed, Site Earthworks, Excavation of Materials to Fill Another Site

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

There was 1 properly made submission about the original application.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY
Original Decision Notice - 13 October 2005
Changes to an Existing Approval - 1 August 2008
Changes to an Existing Approval – 18 December 2008
Extension to the Relevant Period – 5 March 2010
Change to an Existing Approval – 2 December 2010
Change to an Existing Approval – 21 April 2011
Extension to the Relevant Period – 17 July 2013
Change to an Existing Approval – 17 December 2013
Change to an Existing Approval -  4 June 2014
Change to an Existing Approval – 16 March 206
Extension to the Relevant Period -  11 November 2016

Yours faithfully

Glen Conforti
Development Planner

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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NOOSA
COUNCIL