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Form 6 –Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2004/240098 (23789 DA) Date of Decision: 3 July 2007
1. APPLICANT DETAILS
Name: Noosa Palm Tree Hotel Joint Venture
Postal address: CARE Martoo Consulting
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5447 4556 Fax no: 5447 5446
2. PROPERTY DESCRIPTION
Street address: 229-231 Gympie Terrace
Suburb/locality Noosaville
Real property Lots 4 & 5 RP 36726, County of March, Parish of Weyba
description:
3. OWNER DETAILS
Name: Dargins P/l Gr P & H N Baker, & Ors
Postal address: 233 Gympie Terrace
NOOSAVILLE QLD 4566
4. REFERRAL AGENCIES
Referral Agency Address Basis
Department of Natural PO Box 573, Nambour Qld 4560 Advice Agency
Resources
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Multiple Dwelling - 10 Units, No Yes
Restaurant & 2 Shops
6. DECISION DETAILS
Council on 21 July 2005 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation a to changes application, Council on 3 July 2007 decided to:-
A. Approve the change with changes to Condition 1.
B. Change the approval with additional Land Development Condition 89 and additional Land Development
Advice condition 14.
C. Issue a Compiled Decision Notice.
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Section 2
NOOSA COUNCIL IDAS Development Application Decision Notice 2
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
One not properly made submission was received.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. 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, car parking and access, frontage works,
stormwater disposal, sewer relocations, sediment and erosion
controls, site civil works and site filling
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 02/03/06
DECISION NOTICE HISTORY
Original Decision Notice 21 July 2005.
Negotiated Decision Notice with amendment to
Condition 22 on 22 September 2005.
Minor change to the approval with amendment to
Condition 6 on 2 March 2006.
Minor change to approval with amendment to
condition 1 and changes to Land Development
Conditions and advice on 3 July 2007
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Section 3
NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are:
1.1. 2.903.0C, 2.903.1C, 2.903.2C, 2.903.3C, 2.903.4C, 2.903.6C, 2.903.7C, 2.903.8C - prepared by
Andrew McKellar Design and date stamped 27 April 2005;
1.2. 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005;and
1.3. Perspective Sketches 1 and 2 prepared by Andrew McKellar Design and date stamped 15 June
2005
1.4. Floor Plan, 04.0507.1, prepared by Andrew McKellar Design and dated May 2007
as may be amended by these conditions.
2. 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.
3. The open space and setback areas are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
occupied and maintained at all times thereafter.
4. All fencing along the Elizabeth Street frontage shall be setback at least 1 metre from the front property
boundary, with at least half of the fencing to be setback 2 metres. The area of land between the fence and
the front property boundary shall be densely landscaped to screen any fencing.
5. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. The landscape plans referred to
above are to denote areas of existing vegetation or existing trees proposed to be retained.
6. A 400 litre CUPANIOSIS anarcardioides shall be established within the Elizabeth Street front garden area
to replace the removal of the CASTENOSPERMUM australe (Blackbean) previously located along the
south western boundary.
7. Deep screen planting is to be provided in the garden along the eastern and western boundaries of the
site. At least six (6) ex-ground stock endemic species trees of a minimum height of 6 metres are to be
provided to replace the Delonix regia, Castenospermum australe and Grevillea robusta trees that are able
to be removed.
8. The 2m wide garden along the Gympie Terrace frontage of the site is to be at footpath level and
incorporate ground covers, shrubs and appropriate street trees.
9. Paving and four (4) street trees are to be provided in Gympie Terrace footpath area. Paving is to be
compatible with the paving used in the footpath in front of the Colonial Development located to the east of
the site and extend for the entire width and length of the footpath area.
10. A minimum of 6m landscaping is to be provided along the Elizabeth Street frontage except for the area
including visitor car parking where a minimum 2m landscaped setback is to be maintained.
11. All ramps and steps along the Gympie Terrace frontage are to be fully contained within the site and not
located with the footpath area.
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Section 4
NOOSA COUNCIL IDAS Development Application Decision Notice 4
12. A 1.8m high screen fence is to provided along the eastern and western boundaries of the site. Any fencing
provided along the western boundary of the site in the vicinity of Gympie Terrace and adjacent to the
recreation area of the adjoining Regatta Apartment complex is to be of an open, transparent and attractive
design that complements planting in this area.
13. Cleared vegetation is to be suitably processed by one of the following methods and removed from the
site:-
13.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
between edges of heaps.
13.2. Disposal for firewood.
13.3. Disposal for landscaping purposes.
13.4. Transport to alternative site for breaking down materials provided that all necessary permits have
been obtained to allow the alternate site to be used for this purpose.
13.5. The disposal method for clearing works is to be submitted in conjunction with an application for a
Development Permit for Operational Work. The Applicant is advised that other methods may be
considered provided full details of the method are submitted.
13.6. The Applicant is also advised that burning off is an unacceptable method of disposal.
14. Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
15. All goods are to be displayed on site within the property boundaries and/or on the premises approved for
the use.
16. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
17. Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 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.
18. 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.
19. Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open
structures.
20. The roof top pergolas are to be a maximum of 10% of the area of the roof top terrace, located as indicated
on 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005 and designed as
cantilevered structures with only 2 support poles and sloping open slatted roof.
21. All deck, balcony and roof top terrace balustrades are to be constructed of open transparent materials.
Balustrades around the roof top terrace are to be setback 1m from the edge of the roof top.
22. Deleted.
23. Privacy screens are to be provided to all openings along the eastern wall of building A (adjacent to
Gympie Terrace) to preserve the privacy of residents of both the subject site and adjoining development
to the east.
24. The building shall have a Queensland vernacular character and light weight design predominately
comprising the following building elements, materials and colours:
Lower and upper level awnings of timber or steel construction with colour bond roofing;
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Section 5
NOOSA COUNCIL IDAS Development Application Decision Notice 5
Window hoods are to be provided to all windows and be of light weight material;
Glass balustrades to all decks, balconies and roof terraces;
Glass fronts to shops and restaurant;
Rendered masonry walls;
Colour bond roofing;
Roof overhangs with a minimum width of 600mm; and
Soft muted earth tones.
25. The two shops are only to be used for the following uses:
Art gallery;
Delicatessen;
Coffee shop;
Book store;
Resort Wear;
Resort Hire (surf equipment/holiday hire – beds, cots etc);
Gift shop; or
Other Shop that has a coastal or tourist theme.
Council reserves the right to periodically inspect the shops to determine compliance with this condition.
26. 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 the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
27. Amended site, section, elevation and architectural plans are to submitted that demonstrate compliance
with conditions of this approval prior to the issue of any operational works approval associated with this
development.
28. The Development Permit for a material change of use of premises lapses if the use has not happened by
21 July 2009, unless an application to extend the currency is approved by Council.
Building Services
29. 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 minimum required floor level and
the maximum building height above natural surface, required by the provisions of the Planning Scheme.
30. A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to
Council at the time of application for building approval. Such survey shall set out the natural surface
levels of the site and the position of buildings on the site.
Land Development
Lot Amalgamation
31. All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot in
accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for
registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
submitted to Council prior to the issue of the Development Permit for Operational Works.
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Section 6
NOOSA COUNCIL IDAS Development Application Decision Notice 6
River Flooding
32. All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings)
shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s
Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only – All buildings should have a Minimum Floor Height of 2.8m (AHD)
and parking areas should have a Minimum Floor Height of RL 2.5m (AHD). These levels however are
subject to change and verification shall be made to Council’s Land Development Section prior to obtaining
a Development Permit for Building Works.
Vehicle Access
33. A vehicular access driveway to serve the site shall be constructed from the Elizabeth Street frontage of
the site with a maximum width of 5.5 metres and generally in accordance with drawing numbers 2.0903.1
C and 2.0903.2 C dated September 2003 (revised March 2005) by Andrew McKellar Design, except as
modified herein.
34. 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
AS2890.1-2004, 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.
35. The applicant shall ensure the access to the site will not be in conflict with Council vehicles servicing the
existing sewer pump on the footpath adjacent to the site in Elizabeth Street. A minimum of 7.5m of kerb
line parking space shall be made available adjacent to the pump station for Council maintenance vehicles
as shown on plan 2.0903.2 C dated September 2003 (revised March 2005) by Andrew McKellar Design.
36. All vehicles shall enter and leave the site in a forward direction.
Carparking
37. A minimum of 32 carparking spaces shall be provided within the site with at least ten (10) covered and
including one (1) appropriately located and clearly defined disabled car park space. 3 of these car parking
spaces associated with the multiple units may be located in a tandem configuration below the raised
landscaped podium.
38. A minimum of 17 carparking spaces (parking for the shops and restaurants) shall be available for public
use at all times.
39. The car parking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A
in terms of dimensions and turning area for vehicles to enter and leave the site in a forward gear and with
a minimum head clearance (headroom) at any point of 2.2m. Particular attention shall be given to car
spaces Nos 10, V1, V2 and V17 in terms of dimensions and available turning area.
40. The disable parking space shall be post signed and marked in accordance to Council’s requirement and
standards.
41. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Park Contributions
42. A Park contribution of $11,602 towards the acquisition of additional parkland or the improvement of
existing parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development
Permit for Operational Works in accordance with Council’s Planning Scheme Policy PSP24 Park
Requirements. This amount will be subject to variations in the Consumer Price Index, All Groups
Brisbane from December 2004 until the date of payment.
Frontage Works
43. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Elizabeth Street
frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass
shall be couch, free of weeds. A Development Permit for Operational Works shall be required.
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Section 7
NOOSA COUNCIL IDAS Development Application Decision Notice 7
44. A new concrete path shall be constructed along the Elizabeth Street frontage of the site and to a minimum
width of 1.5 metres in accordance with Council’s design standards and to an alignment that protects any
significant vegetation or any underground services.
45. New Kerb & Channel in accordance to Council’ standards and specifications shall be provided for the
whole of the Elizabeth Street frontage of the property.
46. Parking bays along the Gympie Terrace frontage shall be line marked and sign posted for a 2hr limit
consistent with parking restrictions along the south side of Gympie Terrace east of the site. The parking
bays shall comply with Australian Standards in terms of sizes.
47. All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to
produce an evenly graded surface finish.
48. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
prior to commencement of the use permitted by this permit.
49. All redundant stormwater kerb outlets from the site shall be removed and the kerb be repaired or replaced
at that location to the satisfaction of Council’s supervisor.
Pathway Contributions
50. A pathway contribution of $1,049 towards external major pathways, in accordance with Planning Scheme
Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a
Development Permit for Operational Works. This amount will be subject to variations in the Consumer
Price Index, All Groups Brisbane from December 2004 until the date of payment.
Stormwater Drainage
51. All stormwater drainage shall be collected on site and discharged so there is no net increase in
stormwater runoff from the site. Plans of the drainage design shall be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works. Stormwater drainage permitted to drain from the site and be discharged in one or
combination of the following::
51.1. To Council’s existing drainage structures in both Gympie Terrace and Elizabeth Street.
51.2. To Council’s kerb & channel street drainage system in both Gympie Terrace and Elizabeth Street.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street
drainage system at any one location is 25 litres/second.
52. To ensure that polluted run-off does not enter Council’s stormwater drainage system, 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 provided on site prior to being permitted to discharge into
Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
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.
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.
53. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
54. 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.
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Section 8
NOOSA COUNCIL IDAS Development Application Decision Notice 8
55. The existing sewer main that traverses the site shall be relocated to run along the western boundary of the
site and along the frontage of the site in Elizabeth street generally in accordance to the submitted
engineering Drawing No 1248-0-1 (B) dated 16/08/2004 by Construction Hydraulic Building Services. A
Development Permit for Operational Works is required.
56. The proposed sewer main that traverses the site and the ‘zone of influence’ (taken as the area within a
45-degree angle measured from the invert of the sewer main to the finished surface level) shall be
accurately located and determined by a licensed Surveyor and shown on all plans submitted for
Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of
damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls, raised
terraces, etc) shall be constructed within this ‘zone of influence’ and as such the applicant shall amend
Operational Works plans including Building plans to ensure compliance.
Town Water Supply
57. 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.
58. Each water connection to the water reticulation system shall extend to the property boundary and be
metered. Where multiple units including leased buildings are served by a single service, multiple water
meters to each individual unit or leased building shall be installed. All fees for the supply of water meters
shall be paid to the Council.
59. Fire hydrants are to be provided throughout the development in accordance with Council Engineering
Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements (Sewer /Stormwater)
60. A registered easement shall be created over the zone of influence of all existing and proposed sewer
mains within the subject site and over those parts of the subject site that are impacted upon by sewer
mains on any adjoining sites. The easements shall generally be parallel to and centred over the sewer
main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within
the allotment (measured from the finished surface) and be no less than 3.0 metres wide. In this regard a
licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the
easement, which shall be shown on any plans submitted for Operational Works / Building Works
approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly
contained within the easement to be created.
In addition to this 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.
61. Where required a registered easement shall be created over any stormwater drainage pipes within the
site that collect stormwater or convey stormwater from any adjoining property (for example, where
drainage pipes are provided within the site to prevent adjacent properties from ponding/flooding due to the
subject site being filled).
62. No building or other structure shall be constructed or encroach over an easement. Any building or
structure within proximity of an easement or any other public utility’s underground must have its
foundations designed so that no surcharge loads are imposed upon such underground infrastructure.
Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the
direction of the foundation from the centreline of the closest underground service and along the natural
angle of repose of the foundation soil type(s). Particular attention shall be given to the existing
stormwater box culvert located on the adjoining property along the western boundary line of the
development site.
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered
practicing Geotechnical Engineer and submitted with the application for a Development Permit for
Operational Works.
Headworks Contributions
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Section 9
NOOSA COUNCIL IDAS Development Application Decision Notice 9
63. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30
on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at
the rates applicable at the time of payment. An estimate only of the contribution rates under the current
policies is outlined below. These amounts will adjusted in line with changes to the Consumer Price Index,
All Groups Brisbane from December 2004 until the date of payment.
Water Supply $8,060
Sewerage $7,340
TOTAL $15,400
All headworks contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the contribution or trading bank guarantee will be returned.
Earthworks
64. Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
Design Standards Manual and so as not to cause additional ponding of water on any adjoining lands or
the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural
surface levels and contours of the adjoining properties must be provided with the application for a
Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path within the
development site that caters for drainage from the adjoining sites for a design storm with an Average
Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the
drainage pipes or overland flow-path will also be required. In this regard a Development Permit for
Operational Works shall be obtained.
Should evidence be provided to Council indicating that No Ponding of stormwater will occur on the
adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall not
apply.
65. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
structures that border the development site. Fences that are affected shall be replaced prior to plan
endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.
Site Stability
66. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
soil classification, establish whether any measures are required to protect the stability of adjoining
buildings and/or structures, and make recommendations on the type of foundation system(s) best suited
for the proposed development. This information shall be submitted to the Council for assessment and
approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
67. 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 and controlled disposal of
waste, will be necessary.
In this regard 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.
General
68. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure including Council’s
easements, which shall be submitted in conjunction with an application for a Development Permit for
Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre
layout is to be submitted in conjunction with any application for Operational Works.
69. Digital detailed design drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage works. To
avoid conflict with underground pipes or services, all existing and proposed services required by the
development shall be shown on the plans.
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Section 10
NOOSA COUNCIL IDAS Development Application Decision Notice 10
70. To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at www.adac.com.au).
71. 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.
72. 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.
73. 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.
74. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design
intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services
and structures. All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures,
finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and
As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at
www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and
accepted by Council.
Environmental Health
75. An annual licence and registration of the premises is required under the Food Hygiene Regulations of
1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed,
stored, handled, served or supplied for sale.
76. The developer must provide a suitably screened imperviously paved area large enough for all refuse and
recycling containers. A roofed wash down area is required with a cold-water tap, hose and drain outlet
connected to sewer.
77. Refuse containers must be provided in accordance with the requirements of the Environmental Protection
(Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and
collection of refuse.
78. The development must allow refuse-loading areas to be located off street. All vehicles associated with the
collection of waste/recyclables, shall enter and leave the site in a forward direction.
79. Street litter bins to a design approved by Council, shall be supplied and installed at the developers
expense at agreed locations.
80. A Waste Management Plan is to be submitted for specified developments as determined by the
Manager Environmental Health Services for the day to day operation of the complex. The Waste
Management Plan is to be submitted with development applications for material change of use (MCU)
and approved prior to commencement of operational works.
The Waste Management Plan Strategy will include the following information:-
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of recyclables within the generated waste stream
Estimated volumes or tonnage of waste generated from the activities.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures involving disposing of refuse to bins; the storage of bins and the
collection of bins by the contractor and who is responsible for each transfer of the waste.
A description of the design details of waste storage and recycling areas including methods of
prevention of storm water contamination. To be high lighted on plans.
A description of types and volume of waste storage containers to be used.
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A detailed description of access to waste collection area for waste collection vehicles to the bin collection
area. To be high lighted on plans.
81. The developer shall submit to Council a Waste Management Plan for the construction or demolition phase
of the development. The Waste Management Plan is to contain the following information:
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume *specify proposed *specify contractor and landfill site
(m³) re-use or on-site and recycling outlet
recycling methods
Excavation material
Garden Organics
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Other - please
specify
Note: Details of site area to be used for onsite separation, treatment and storage (including weather
protection) should be provided on the plan drawings accompanying your application.
82. 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, dust or odour
nuisance or any other emissions in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.
83. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a
manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
84. All refrigeration plant including motors, shall be situated within the building or suitably provided with noise
reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for
such offences.
85. Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
Waste.
86. Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.
Approval may be granted through the issuing of a Trade Waste Permit.
87. All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans
submitted to Council for approval.
88. Trade Waste requirements must be in place, inspected and approved prior to commencement of trading
or operation.
Additional Conditions
Land Development
Contributions Towards Council Infrastructure
89. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
amounts under the current Council policies and requirements is outlined in the table below:
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Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $18
PSP20 – Pathway Trunk Network Contributions $18
TOTAL Contribution Amount = $ 36
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from March 2007 until the date of payment.
All contributions must be paid prior to the commencement of the use.
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Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
ADVICE
Land Development Advice
1. 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 $1,171 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
March 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
Chapter 5 of the Integrated Planning Act 1997.
1. 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 $70,383 This
amount will subject to variations in the Consumer Price Index, All Groups Brisbane from December 2004
until the date of payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of
the Integrated Planning Act 1997.
2. 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.
3. Council encourages developers to provide a stormwater tank/s to collect roof stormwater runoff in order to
be used in gardens and/or toilets. The normal requirement is 3000 Ltr per dwelling unit.
4. It is suggested that a bicycle storage facility (a minimum six bicycles) should be provided within the
property.
Environmental Health Advice
5. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s
Code controlling food establishments for approval by Council’s Environmental Health Section, for any food
premises proposed to be included in the development. Separate plans are to be submitted detailing the
location and outlet for any mechanical exhaust system. The installation of any mechanical exhaust
system is to comply with Australian Standard 1668.Approval is to be obtained prior to fitting out the
building.
6. For café or restaurant the developer must provide toilets for customers and staff in accordance with the
Building Code of Australia.
7. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise
from:-
7.1. Monday to Saturday, before 7:00am or after 6:30pm
7.2. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
8. 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.
Building Advice
9. The plans submitted for a Development Permit for building works are to comply with the approved plans
and the following requirements:-
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NOOSA COUNCIL IDAS Development Application Decision Notice 14
9.1. All spa pools shall be isolation fenced in accordance with the requirements of the Building Act. No
direct access will be permitted from any dwelling unit to its, or an associated, spa pool.
10. 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:-
10.1. On a Sunday or public holiday, at any time; or
10.2. 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.
11. 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.
12. 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.
Additional Advice
Land Development
13. The applicant is advised that development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Entertainment and Restaurant (indoor) Restaurant (indoor)
82m² Use Area Entertainment and 78.8m² Use Area
Dining Business – Type
Dining Business – Type
1 – Food and Restaurant (outdoor) Restaurant (outdoor)
1 – Food and Beverages
Beverages 83m² Use Area 98.2m² Use Area
Retail Business – Type Retail Business – Type
112m² Use Area 103.5m² Use Area
2 - Shop 2 - Shop
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NOOSA COUNCIL IDAS Development Application Decision Notice 15
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to against the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
1
under section 3.1.6; assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business (superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day if it were an application under a superseded planning
the decision notice or negotiated decision notice is scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1
Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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2
(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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