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Minor Change Existing Approval 132004 5744 13 [As Published] · 132004.5744.13
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: 132004.5744.13
Your Reference: M1717P
5 March 2025
Noosa Domain Pty Ltd
C/- JFP Urban Consultants Pty Ltd
Kon-Tiki Business Centre
Tower 1, Level 2, Suite T1-209,
55 Plaza Parade
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 December 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132004.5744.13
Street address: 35 Walter Hay Dr Noosaville
Real property description: Part Lot D SP 215280
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 22 September 2005
• Development Permit for a Material Change of Use (Retirement Community – 165
Dwelling/Accommodation Units and Ancillary Facilities)
In relation to the request to make a minor change to the existing approval, Council on 27 February
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 1, 2 and 11.
C. Additional condition 93
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Land Use
Amended Condition – Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
1519-WD01 - Revised Site Plan prepared by Greg December 2015
Gibbs
0379-SK05 B Drainage Design October 2004
TP-01 P5 Site Plan prepared by Select 22 April 2024
Architects
TP‐02 P3 Proposed Ground Floor Plan 22 April 2024
(Building A) prepared by Select
Architects
TP-03 P3 Proposed First Floor Plan (Building 22 April 2024
A) prepared by Select Architects
TP-04 P3 Proposed Roof Plan (Building A) 22 April 2024
prepared by Select Architects
TP-05 P1 Proposed Elevations (Building A) 16 May 2017
prepared by Select Architects
TP-06 P4 Proposed Ground Plan (Building B) 22 April 2024
prepared by Select Architects
TP-07 P4 Proposed First Floor Plan (Building 22 April 2024
B) prepared by Select Architects
TP-08 P4 Proposed Roof Plan (Building B) 22 April 2024
prepared by Select Architects
TP-09 P1 Proposed Elevations Sheet 1 16 May 2017
(Building B) prepared by Select
Architects
TP-10 P1 Proposed Elevations Sheet 2 16 May 2017
(Building B) prepared by Select
Architects
0379-SK-CC 1A Community Centre Floor Plan November 2004
prepared by Greg Gibbs
0379-SK-CC 2A Community Centre Elevations November 2004
prepared by Greg Gibbs
0379-VILLA-A A Type A Villa prepared by Greg November 2004
Gibbs
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0379-VILLA-B A Type B Villa prepared by Greg November 2004
Gibbs
0379-VILLA-C A Type C Villa prepared by Greg November 2004
Gibbs
0379-VILLA-D A Type D Villa prepared by Greg November 2004
Gibbs
0379-VILLA-E A Type E Villa prepared by Greg November 2004
Gibbs
LA-01 B Landscape Concept Plan – Entry June 2005
prepared by Land Graphics
LA-01 B Landscape Concept Plan prepared June 2005
by Land Graphics
1514-WD02 - The Singleton Floor Plan prepared December 2015
by Greg Gibbs
1514-WD04 - The Singleton Elevations prepared December 2015
by Greg Gibbs
1514-WD01 - The Singleton Site Plan + Finishes December 2015
prepared by Greg Gibbs
132004.5744.13 – Maintenance Shed
M1717P 45 M1717P 45 M1717P 45 M1717P 45
M1717P 46 M1717P 46 M1717P 46 M1717P 46
CLOU04-1058 CLOU04-1058 CLOU04-1058 CLOU04-1058
2. All buildings shall have a roof pitch of no less than 12 degrees, with roof overhangs at least
600mm wide, except for the following:
a. 2.1 Elevations that do not front an internal street or the rear outdoor living areas;
b. Areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects;
c. The 'Maintenance Shed' annotated on the Site Plan Drawing M1717P Rev.C prepared
by JFP Urban Consultants.
3. Sunhoods shall be provided over all windows facing north, west and east on the ground floor
of 2 storey buildings.
4. Deleted.
5. Buildings shall vary in design, colour and finishes, with building finishes to vary in texture,
detailing and the like. A scheme detailing the colour and building finishes shall be submitted
to Council prior issue of a Development Permit for Operational Works.
6. Broad expanses (15m2 or more) of high contrast shades of white or bright colours or pasts
on external walls shall be avoided.
7. Soft landscaping (planting) shall be provided over a minimum of 20% of the site area.
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8. A minimum of 1 covered car parking space shall be provided for each of the ‘Villa’ dwelling
units and ‘Building A’ and ‘Building B’. The covered car parking spaces shall be in proximity
to the dwelling units to the reasonable satisfaction of the Council’s delegate.
9. The community centre shall be for residents of the retirement village and their visitors. The
community centre shall not be for use by the general public.
10. The caravan/boat storage parking area and the visitor parking, bin storage to Walter Hay
Drive shall maintain a 2 metre landscaped setback from Walter Hay Drive North at a
minimum.
11. All buildings shall maintain a 15 metre setback from the site's frontage to Walter Hay Drive
North and Eenie Creek Road, except for the following
a. The depot building, which shall be set back a minimum of 6 metres from the front
boundary to Walter Hay Drive North;
b. The covered car parking areas, which shall be set back a minimum of 3.8 metres from
Eenie Creek Road;
c. The electricity substation, which shall be set back a minimum of 8.2 metres from Eenie
Creek Road;
d. The maintenance shed, which shall be set back a minimum of 4.3 metres from Eenie
Creek Road
12. The proposed development shall comply with the noise management strategies contained in
the report “Noise Assessment Report Retirement Village corner Walter Hay Drive and Eenie
Creek Road, Noosa – Report No. 507 – 611 Revision 2” prepared by Noise Measurement
Services, dated 16 June 2005 and include a 2 metre high acoustic barrier constructed along
the complete length of the site frontages adjacent Walter Hay Drive. Heights of this acoustic
barrier are to be relative to the finished level of the unit’s minimum floor level with a minimum
superficial mass of 15 kg/m2.
13. On completion of the development, a certificate by an appropriately qualified acoustic
consultant shall be submitted to Council demonstrating that the development complies with
the noise condition.
14. All hot water systems installed shall be either solar systems; electric heat pump systems or
gas systems (LPG or natural).
15. To meet the needs of people across a range of abilities and ages and be adaptable for the
changing needs of people over time, all dwelling and accommodation units shall include the
following:
1. Are wheel chair accessible;
2. Are accessible by a lift for those units located above the ground floor;
3. All doors are a minimum of 870 mm wide; and
4. Hallways are a minimum of 1.2m wide; and
All entries into the dwelling unit and internal doorways, have no more than a 10mm change
in level; and
Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached
along an accessible path; and
A window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow a
seated person to look out of and open and close the window; and
All power points are placed up from the floor (minimum 600mm) and out from the corner
(minimum 500mm) to facilitate disabled access.
16. 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
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minimum required floor level and the maximum building height above the finished ground
level, required by the provisions of the Planning Scheme.
17. 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.
18. 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.
Dishwaters and washing machines are excluded from this requirement.
19. 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 and 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.
20. Landscaping shall be provided in the road reserve and shall include vegetation to screen any
fencing (including sound attenuation fencing) along Walter Hay Drive North. This
landscaping shall maintain required visibility for traffic and pedestrians. All fencing shall be
located in a manner to avoid existing trees and shall be setback a minimum of 2 metres to
the road frontages, apart from where constructed on the existing block retaining wall and to
Eenie Creek Road frontage where located along the top of the landscaped mound.
21. 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 and address the completion of the vegetated buffer required to Walter Hay
Drive North and Eenie Creek Road.
22. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
23. Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 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.
24. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval
to effect compliance with conditions.
25. 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.
26. The relevant period for the Development Permit for a material change of use of premises
shall be in accordance with the Integrated Planning Act 1997.
Building Services
27. The swimming pool is to be contained within complying pool enclosures. Direct access from
any dwelling unit or building to the swimming pool or spa is not permitted
Land Development
River Flooding
28. 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
RL 2.5m (AHD), although garaged areas utilised for carparking purposes associated with
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the residential use may be reduced by 0.3m. 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
29. No right turn access to the development from Walter Hay Drive is permitted. A vehicular
access driveway to service the development shall be constructed from the Walter Hay Drive
North frontage of the site with a minimum width of 6.0m.
30. No right turn exit from the site will be permitted.
31. The gate shall be located far enough from the frontage to allow appropriate queuing for
vehicles awaiting gate opening so they do not affect traffic movements on Walter Hay Drive
North. The gate must also be positioned so that refuse vehicles and vehicles that mistakenly
enter the site can do a simple manoeuvre to leave the site.
32. All internal roads and driveways 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 areas 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.
33. All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
34. A vehicle access easement shall be created over the proposed access driveway that gives
the Council (cars that mistakenly enter the site to exit) and refuse vehicles access to collect
refuse. The easement shall cover all the area required on site for manoeuvring and also
ensure that the vehicles can leave in a forward direction and shall benefit Council and burden
Lot 2 on SP 162077.
In this regard, plans submitted for Operational Works approval shall accurately show the
location of the easement.
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.
Internal Roads and Driveways
35. Internal Roads and Driveways shall be in accordance with Plan - Road Network & Parking
0379 SK04C dated October 2004 prepared by Greg Gibbs Architects, except as modified
herein.
36. Privacy screens and landscaping that are proposed will need to be clear of visibility splays
required for the speed environment proposed.
Loading Areas
37. Loading zones and the Village bus space shall be constructed in accordance with Plan -
Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs
Architects, except as modified herein. They shall be sized for Small Rigid Vehicles as
required by AS2890.1-2004. These spaces shall be sign posted to indicate they are loading
zones and bus parking.
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Off Street Carparking
38. Carparking shall be provided within the site as shown on Plan – Road Network & Parking
0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the
Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared
by Select Architects, except as modified herein.
39. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 1 with allowance 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.
40. The proposed turning areas at the end of the aisles shall be line-marked with chevrons and
have the words “No Parking” painted on the pavement. A sign shall also be provided to
indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
41. All carparking shall be kept, maintained and line-marked in a condition fit for use.
42. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection
43. All vegetation that exists on site at a level of RL 3.5m (AHD) or higher along Eenie Creek
Road (ECR) and Walter Hay Drive North frontages is to be retained to act as a natural
vegetative strip and provide screening for any development (with the exception of vegetation
needed to be removed for the car spaces located in the ECR mound). Also vegetation in the
drainage area to the east of the site is to be retained except for weed removal. In this regard,
the applicant is required to clearly delineate areas of vegetation not to be removed on the
whole parcel, and submit a plan showing the areas of vegetation to be protected prior to the
commencement of any works on site.
44. A 15 metre vegetated strip is to be planted along the Walter Hay Drive North road frontage
of the site, comprising a densely vegetated drainage swale 10 metres in width and a further
5 metres of dense vegetation further within the development. To this end, vegetation is to
comprise remnant vegetation having a level of RL 3.5m (AHD) or higher and rehabilitated
vegetation comprising species endemic to the immediate area densely planted to provide a
complete visual screen to any development within proposed Lot 2.
45. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement
shall be constructed so as not to damage the tree or their root system 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
the pervious pavement and the temporary fencing prior to obtaining a Development Permit
for Operational Works.
Frontage Works
46. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Walter Hay Drive North frontage of the site in accordance with Planning Scheme Policy PSP1
Landscaping Guidelines. Grass shall be couch, free of weeds.
47. A new 2.5m wide concrete path shall be constructed along the Walter Hay Drive North
frontage of the site from the pedestrian refuge north to the end of the property in accordance
with Council’s design standards and to an alignment that protects any underground services.
48. Pram ramps shall be installed at the intersection of the pathway with the new access in
accordance with Council’s Standard Drawing 9006. Where the pathway desire line crosses
splitter islands the path will be at road level.
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49. All pathways and pram ramps (internal and external) shall be designed and constructed to
ensure pedestrian safety using non-slip materials and to produce an evenly graded surface
finish.
50. 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.
Pathway Contributions
51. A pathway contribution of $49,774 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 June 2005 until
the date of payment.
Undergrounding Power
52. The power supply both external and internal shall be underground. This work shall be at no
cost to Council.
Stormwater Drainage
53. All stormwater drainage from the site shall be collected on site and discharged generally in
accordance with Plan - Drainage Design 0379 SK 05B dated October 2004 prepared by Greg
Gibbs Architects, so there is no net increase in stormwater runoff from the site up to a Q100
event. 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.
54. Roof runoff from any new dwelling unit or apartment shall be directed to a rainwater storage
system or tank (minimum storage 1400 litres per dwelling unit (villa) and 1000 litres per
service or non-serviced apartment) that is plumbed to service the toilets in the new dwelling
and landscaping areas. The design of the rainwater storage system shall be to the
satisfaction of the Manager Plumbing Services.
55. Overflows from rainwater tanks may be discharged into the gravel drains proposed.
56. An approved maintenance plan for the treatment system shall be incorporated in the
Management Scheme for the development and a copy of this shall be provided for Council’s
records prior to commencement of the approved Use.
57. All site stormwater drainage shall be by means of a gravity system.
Sewer and Water
58. 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.
59. All internal water and sewerage reticulation to be designed and constructed in accordance
with Noosa Shire Council Engineering Design Guidelines (PSP6).
60. A concept plan detailing proposed internal water and sewer reticulation network is to be
submitted for approval prior to preparation of Operational Works Drawings.
61. An application for Operational Works, Water Supply and Sewerage detailing proposed
internal water supply and sewerage reticulation works is to be lodged with Council in respect
of the proposed development.
62. After completion of internal water and sewerage reticulation, all works shall be considered
as “private sewers and water mains” and responsibility for operation and maintenance shall
be the property owners.
63. The water connection to the water reticulation system shall extend to the property boundary
and be metered.
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64. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.
65. The existing sewer rising mains that is located in the adjoining road reserve at the north of
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.
Service Easements
66. If not already in place, a registered easement shall be created over any stormwater drainage
systems within the site that collect stormwater from a Council road or convey stormwater
from any adjoining property.
67. The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing
that the Title Deed and any 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.
Headworks Contributions
68. 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
June 2005 until the date of payment.
Water Supply $419,854
Sewerage $258,718
TOTAL $678,572
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
69. Fill shall be compacted to the requirements of AS3798-1996 ‘Guidelines on Earthworks for
Commercial and Residential Developments’. Any existing fill that does not meet the
requirements of this standard shall be removed prior to additional filling or building works
commencing.
70. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification 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.
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Erosion and Sediment Control
71. 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
72. Prior to works commencing contractors shall submit a Traffic Management Plan showing
measures to be put in place during construction for approval by Council’s Works Directorate.
73. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works that will become Council infrastructure, 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.
74. 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.
75. 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).
76. 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. Particular care shall be exercised when
working near the rising main in the road reserve to the north of the site.
77. 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.
78. 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.
79. 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).
80. Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
Environmental Health
81. 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.
82. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
83. A clinical waste service provided by a licensed clinical waste contractor must be provided for
the activities.
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84. 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.
85. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
submitted for the day-to-day operation of the complex and approved by Council’s
Environmental Health Section prior to issue of development permit for operational works.
The Plan shall include the following information: -
85.1 The types of waste that will be generated from the activities approved within the
development.
85.2 Estimated volumes or tonnage of recyclables within the generated waste stream
85.3 Estimated volumes or tonnage of waste generated from the activities.
85.4 Methods to be used for dealing with garden waste.
85.5 Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
85.6 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.
85.7 A description of the design details of waste storage and recycling areas including size,
location, elevation and floor plan, methods of bin washing and of prevention of storm
water contamination.
85.8 A description of types and volume of waste storage containers to be used.
85.9 The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste, paper
and cardboard, glass, aluminium and steel cans, waste oil, styrofoam boxes, etc, and
bin washing facilities.
85.10 A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
86. A Waste Management Plan (Demolition/Construction) in accordance with Planning Scheme
Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall
be submitted for the demolition and construction phases of the development and approved
by Council’s Environmental Health Section prior to the issue of the development permit for
operational works. The Plan shall contain the following information:
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify *specify contractor and
(m³) proposed re-use contractor and landfill site
or on-site recycling outlet
recycling
methods
Excavation
material
Green waste
Bricks
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Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.
87. Noise emission from swimming pool and spa equipment (including heating equipment) shall
comply with the following requirements:
87.1. 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.
87.2. A person must not use equipment on any day if it makes or causes noise to be made
–
87.2.1. From 10pm to 7am: Which is audible outside the most exposed part of an
affected building
87.2.2. 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.
88. Noise emission from air conditioning equipment shall comply with the following requirements:
88.1. 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.
88.2. 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.
88.3. A person must not use equipment on any day if it makes or causes noise to be made
–
88.3.1. From 10pm to 7am: More than the lower of either –
• 40 dB(A)
• 3 dB(A) above the background noise level
88.3.2. From 7am to 7pm: More than the lower of either –
• 50 dB(A)
• 5 dB(A) above the background noise level
88.3.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
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89. Noise from building works associated with residential development shall comply with the
following –
89.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
89.2. All reasonable measures are taken to minimise noise emissions.
89.3. Not permitted on Sunday or public holidays.
90. A lighting assessment prepared by a professional Lighting Consultant that addresses the
proposed levels of illuminance to the external environment to prevent glare and other light
nuisance to both on site occupants and sites beyond the boundaries, is to be submitted prior
to the issue of the development permit for operational works. The report is to include lighting
for roads, access paths, security, bowling green, swimming pool, and Community Centre and
show compliance with Australian Standards AS-1158 - Lighting for Roads and AS 4282 -
Control of Obtrusive Effects of Outdoor Lighting.
91. All refrigeration plant including motors, should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance in
accordance with the nuisance provisions of the Environmental Protection Regulation 1998.
On the spot fines apply for such offences
92. Liquid waste generated by industry, small business and commercial enterprises is referred
to as Trade Waste and shall comply with the following:
92.1. A Trade Waste Permit shall be obtained prior to the discharge of trade waste to
Council’s sewerage system.
92.2. All trade waste requirements complying with Council’s Trade Waste Policy and
including pre-treatment devices, must be shown on hydraulic plans submitted to
Council for approval prior to issuing the development permit for building work.
92.3. Vehicular access shall be provided to each grease arrestor and/or pre-treatment device
for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and
leave the site in a forward direction. Where access is restricted, a pump out line to an
approved location is required.
92.4. Trade waste requirements must be in place, inspected and approved prior to
commencement of trading or operation.
Bin wash down areas exceeding 600mm square shall be roofed with the floor falling to
a bucket trap waste gully, before entering Councils sewerage system. Council’s Trade
Waste Officer to meet with developer to discuss future uses of the premises.
Additional Conditions – 27 February 2025 – 132004.5744.13
93. The approved “Maintenance Shed” as shown on the Approved Plans, external colours and
finishes must be of muted/environmental tones that blend with the natural environment and
low-reflective roofing and cladding materials.
5. REFERRAL AGENCIES
Not Applicable
6. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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 $115,109. This amount will subject to variations in the Consumer Price Index, All Groups
Brisbane from June 2005 until the date of payment. An Infrastructure Charge Notice will be
issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
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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. 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.
4. Referral to Queensland Fire & Rescue Authority would be required at the Building Application
stage.
5. Where any food premises is to be included in the development, the following is required:
5.1 Plans and an application should be made to Council’s Environmental Health
Section for approval prior to any building approval, fitting out or use of the
premises.
5.2 Construction and use of the food premises should comply with Council’s Food
Premises Policy and the Food Safety Standards.
5.3 Toilets for customers and staff should be provided in accordance with the
Building Code of Australia. Obtain advice from a building certifier.
5.4 Plans and approval is required for any mechanical exhaust ventilation system
which should comply with AS1668. A certificate is required from the installer
certifying the system complies with the Standard.
5.5 Licence and registration is required for any food premises listed in Schedule 1,
Food Hygiene Regulation 1989, prior to use of those premises.
5.6 A detailed statement indicating the purpose of the food premises, type of food
sold, proposed menu and number of persons served, is to accompany the plans
approval application.
6. The operator of any beauty treatment and/or hairdressing business should comply with the
Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances
Services) Act 2003.
7. The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
8. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
9. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
10. 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.
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Infrastructure Charges
11. This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be
issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue.
Aboriginal Cultural Heritage Act 2003
12. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under
the ACH Act.
7. PROPERTY NOTES
Not Applicable
8. VARIATION APPROVAL DETAILS
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building works All Building Works
Development Permit for Operational Landscaping, car parking, access, site civil works,
Works stormwater drainage, frontage works, sewer
reticulation (including new mains, relocations,
diversions, pump stations and rising mains), water
reticulation, site earthworks.
10. SUBMISSIONS
Not Applicable
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Cameron Smith
Development Planner
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 22 September 2005.
• Negotiated Decision Notice – 15 December 2005 Change to
conditions 2, 5, 12, 16, 20, 29, 47, 53 & 54; delete condition 4:
refuse to change conditions 15, 58, 59.
• Decision Notice - Minor 132004.5744.004 – 28 January 2016 –
Amend condition 1.
• Decision Notice – Minor – 132004.5744.09 – 30 August 2017 –
Amend conditions 1, 8 & 38.
• Decision Notice – 132004.5744.11 – 23 February 2021; amend
condition 1 & 38.
• Decision Notice – 132004.5744.12 – 28 June 2024, amend
condition 1,
• Decision Notice – 132004.577.13 – 27 February 2025; amend
conditions 1, 2 & 11, additional condition. 93.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 23615315
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