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Minor Change Existing Approval - 132002.220212.3 (As Published).pdf
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: 132002.220212.3
Your Reference: 25010
29 July 2026
Alh Group Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 June 2026, requesting a minor change to an existing
development approval. Council on 23 July 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132002.220212.3
Street address: Rise Apartments 37-49 Noosa Dr, Noosa Heads Qld 4567
Real property description: SP 152217
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 17 October 2002
• Development Permit for Material Change of Use of Premises – Refurbish Existing Hotel &
Multiple Dwelling (45 Units)
In relation to the request to make a minor change to the existing approval, Council on 23 July 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional conditions 82, 83 & 84.
C. Include additional advisory note.
D. Include additional reference documents.
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
Page 1 of 14
Document Set ID: 25012091
Version: 5, Version Date: 29/07/2026
[OCR of page images]
v6 NOOSA
@®& Council
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: 132002.220212.3
Your Reference: 25010
29 July 2026
Alh Group Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice — Minor Change
Planning Act 2016
| refer to your application received on 9 June 2026, requesting a minor change to an existing
development approval. Council on 23 July 2026 decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132002.220212.3
Street address: Rise Apartments 37-49 Noosa Dr, Noosa Heads Qld 4567
Real property description: SP 152217
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 17 October 2002
e Development Permit for Material Change of Use of Premises — Refurbish Existing Hotel &
Multiple Dwelling (45 Units)
In relation to the request to make a minor change to the existing approval, Council on 23 July 2026,
decided to approve the requested changes. The changes are detailed below.
A. — Approve the change.
B. Include additional conditions 82, 83 & 84.
C. Include additional advisory note.
D. — Include additional reference documents.
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
Page 1 of 14
Document Set ID: 25012091
Version: 5, Version Date: 29/07/2026
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Page 2
4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered Issue A – DA1.05/AM,
dated 01.12.2003; Issue B - DA1.01/AM to DA1.04/AM, DA2.01/AM, DA3.01AM dated
20.08.2003; DA4.01/AM, DA4.02/AM dated 10.08.2003; Issue B – OW/04 to OW/07 dated
06.01.2003; Issue C - OW/12 to OW/18 dated 06.01.2003 prepared by Manolev Associates
Pty Ltd; and SK1 & SK2 dated January 2004 and as may be amended by these conditions
2. Buildings are not to exceed 3 storeys and 12 metres in height above both natural and finished
ground level, as defined by the Planning Scheme.
3. At least 2 dwelling units shall be designed to incorporate the Universal Housing Design
principles as detailed in the booklet titled Universal Housing Design by the Department of
Housing.
4. The pergola structure provided over the drive through bottle shop fronting Hibiscus Avenue
is not to be covered, so as to form a roof.
5. Non-reflective roofing material and glazing is to be utilised across the development to
minimise glare from the development.
6. 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. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter,
and is to include the following:
6.1. A minimum of 12 x 1000L bag size species, to include at least:
6.1.1. 2 Araucaria cunninghamii;
6.1.2. 3 Callitris columellaris; and
6.1.3. 2 Koala Food Trees
6.1.4. or general substitute species to the satisfaction of Council’s Manager - Land
Use.
6.2. Additional vegetation located in the centre of Unit Block B generally adjacent to the
pool; and
6.3. More variation in species proposed to be established on site to avoid a hedge like effect
in the landscaping.
7. Additional landscaped terracing is to be provided along the western elevation of the site,
particularly in the northwest corner of the property, fronting the pool terrace area adjacent to
Noosa Drive. The landscaping shall comprise predominantly native species and is to
completely screen the proposed pool terrace area.
8. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to the building operations or the conduct of the approved use. To this
end, the vegetation nominated as “existing trees to remain” on Plan No. LGGA 503 LA 01
Sheet 01 of 02 is to be retained.
In addition the following vegetation is also to be retained:
8.1. At least three Fig trees located in the north west corner of the site;
8.2. The Poinciana tree not identified on Plan No. LGGA 503 LA 01 Sheet 02 of 02 but
located on the western property boundary.
Vegetation protection measures are to be put in place to ensure the viability of the retained
trees. Should any damage occur to any tree species the developer is required to replace the
tree/s with a species of a similar type and size to the satisfaction of Council’s Manager –
Land Use.
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4.
ASSESSMENT MANAGER CONDITIONS
Land Use
1.
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered Issue A — DA1.05/AM,
dated 01.12.2003; Issue B - DA1.01/AM to DA1.04/AM, DA2.01/AM, DA3.01AM dated
20.08.2003; DA4.01/AM, DA4.02/AM dated 10.08.2003; Issue B — OW/04 to OW/07 dated
06.01.2003; Issue C - OW/12 to OW/18 dated 06.01.2003 prepared by Manolev Associates
Pty Ltd; and SK1 & SK2 dated January 2004 and as may be amended by these conditions
Buildings are not to exceed 3 storeys and 12 metres in height above both natural and finished
ground level, as defined by the Planning Scheme.
At least 2 dwelling units shall be designed to incorporate the Universal Housing Design
principles as detailed in the booklet titled Universal Housing Design by the Department of
Housing.
The pergola structure provided over the drive through bottle shop fronting Hibiscus Avenue
is not to be covered, so as to form a roof.
Non-reflective roofing material and glazing is to be utilised across the development to
minimise glare from the development.
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. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter,
and is to include the following:
6.1. A minimum of 12 x 1000L bag size species, to include at least:
6.1.1. 2 Araucaria cunninghamii;
6.1.2. 3 Callitris columellaris; and
6.1.3. 2 Koala Food Trees
6.1.4. or general substitute species to the satisfaction of Councils Manager - Land
Use.
6.2. Additional vegetation located in the centre of Unit Block B generally adjacent to the
pool; and
6.3. More variation in species proposed to be established on site to avoid a hedge like effect
in the landscaping.
Additional landscaped terracing is to be provided along the western elevation of the site,
particularly in the northwest corner of the property, fronting the pool terrace area adjacent to
Noosa Drive. The landscaping shall comprise predominantly native species and is to
completely screen the proposed pool terrace area.
Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to the building operations or the conduct of the approved use. To this
end, the vegetation nominated as “existing trees to remain” on Plan No. LGGA 503 LA 01
Sheet 01 of 02 is to be retained.
In addition the following vegetation is also to be retained:
8.1. Atleast three Fig trees located in the north west corner of the site;
8.2. The Poinciana tree not identified on Plan No. LGGA 503 LA 01 Sheet 02 of 02 but
located on the western property boundary.
Vegetation protection measures are to be put in place to ensure the viability of the retained
trees. Should any damage occur to any tree species the developer is required to replace the
tree/s with a species of a similar type and size to the satisfaction of Council's Manager —
Land Use.
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Version: 5, Version Date: 29/07/2026
Page 3
9. Only one Fig tree located along the western property boundary of the site is to be removed
and is to be relocated generally to the right of the pedestrian entrance to the units off Noosa
Drive. A qualified arborist must supervise works associated with the removal and relocation
of this tree. Root guards are to be installed when the tree is relocated. Should the tree be
damaged during this process, a replacement fig tree (minimum 1000L bag size) is to be
provided at full cost to the developer and to the satisfaction of the Manager - Environmental
Services.
10. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage.
11. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
11.1. 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.
11.2. Disposal for firewood.
11.3. Disposal for landscaping purposes.
11.4. 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.
The disposal method for clearing works is to be submitted in conjunction with an application
for a Development Permit for Operational Works. The Applicant is advised that other methods
may be considered provided full details of the method are submitted.
The Applicant is also advised that burning off is an unacceptable method of disposal.
12. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
13. The developer is to contribute one third of the cost of undergrounding the existing overhead
powerlines for the Noosa Drive frontage of the property. The developer is responsible to
liaise with Council’s Manger - Works Design about attaining an estimated costs for this work.
This contribution is to 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
contribution not be paid at the due time, Council shall call upon the trading bank guarantee
in full.
14. Security in the form of a cash bond or trading bank guarantee to the sum of $200 000 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.
15. 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.
16. This Development Permit for a material change of use of premises lapses if:-
16.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 17 October 2006, unless application is made and approved by
Council for an extension; or
16.2. the use of any premises pursuant to the Development Permit ceases.
17. 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.
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10.
11.
12.
13.
14.
15.
16.
17.
Only one Fig tree located along the western property boundary of the site is to be removed
and is to be relocated generally to the right of the pedestrian entrance to the units off Noosa
Drive. A qualified arborist must supervise works associated with the removal and relocation
of this tree. Root guards are to be installed when the tree is relocated. Should the tree be
damaged during this process, a replacement fig tree (minimum 1000L bag size) is to be
provided at full cost to the developer and to the satisfaction of the Manager - Environmental
Services.
Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage.
Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
11.1. 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.
11.2. Disposal for firewood.
11.3. Disposal for landscaping purposes.
11.4. 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.
The disposal method for clearing works is to be submitted in conjunction with an application
for a Development Permit for Operational Works. The Applicant is advised that other methods
may be considered provided full details of the method are submitted.
The Applicant is also advised that burning off is an unacceptable method of disposal.
Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
The developer is to contribute one third of the cost of undergrounding the existing overhead
powerlines for the Noosa Drive frontage of the property. The developer is responsible to
liaise with Council’s Manger - Works Design about attaining an estimated costs for this work.
This contribution is to 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
contribution not be paid at the due time, Council shall call upon the trading bank guarantee
in full.
Security in the form of a cash bond or trading bank guarantee to the sum of $200 000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
16.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 17 October 2006, unless application is made and approved by
Council for an extension; or
16.2. the use of any premises pursuant to the Development Permit ceases.
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.
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Document Set ID: 25012091
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Page 4
Land Development
Frontage Works
18. All frontage works shall be undertaken in a manner that does not affect any of the
neighbouring properties.
19. The Edgar Bennet Avenue frontage of the site shall be provided with:-
19.1. Stormwater drainage pits and pipes connecting into Council’s existing drainage
system,
19.2. Kerb & channelling for the entire frontage (to Council’s alignment),
19.3. Bitumen road widening where required as a result of constructing the new kerb &
channel,
19.4. A formed footpath including:-
19.4.1. Landscaping in accordance with Council’s Planning Scheme Policy PSP01
- Landscaping Guidelines (Grass shall be couch, free of weeds), and
19.4.2. A 1.2 metre wide concrete path in accordance with Council’s design
standards and to a meandering alignment. Care shall be taken to protect any
significant vegetation or any underground services and the path shall be
designed and constructed to ensure pedestrian safety using non-slip materials
and to produce an evenly graded surface finish.
20. The Noosa Drive frontage of the site shall have:-
20.1. All redundant vehicular crossings removed and replaced by kerb & channel and footpath paving in
accordance with Council’s Standard specifications prior to commencement of the use permitted by this
permit.
20.2. The existing angle carpark spaces, located in front of the new driveway, relocated so they are in front of
the old driveway by providing appropriate signage and by line-marking the pavement. To this end there
shall be no reduction in the number of marked carpark spaces provided on the street.
20.3. The footpath reconstructed in accordance with Council’s Master Footpath Design, which links Hastings
Street to Noosa Junction.
Vehicle Access
21. All vehicle access driveways shall be designed to comply with AS2890.1-1993 Parking
facilities Part 1: Off-street car parking accept as modified herein.
22. The proposed western driveway off the Noosa Drive service road (giving access to Basement
3) shall be a maximum of 5.5 metres wide across the footpath and shall be constructed in
accordance with Council’s Standard Drawings.
23. The proposed southern driveway off Hibiscus Avenue (giving access to Basements 1 & 2
and the Loading Area) shall be at least 7.5 metres wide overall with a 1.5 metre wide area in
the centre of the driveway to be line-marked to effectively create a 3 metre wide entry and a
3 metre wide exit.
24. All vehicle access driveways shall be designed and constructed to grades that prevent
vehicles from scraping and/or bottoming. Should any driveways be built to grades that do
not comply with AS2890.1-1993 and AS2890.2-1989, Council will require that the driveway
be removed and reconstructed to levels that do comply.
25. All vehicles shall enter and leave the site in a forward direction.
Internal Driveways
26. The western internal driveway shall transition from 5.5 metres wide (at the footpath) to 6.4
metres wide as proposed on the approved plans. This transition shall take place entirely
within the site and not across Council’s footpath.
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Land Development
18.
19.
20.
Frontage Works
All frontage works shall be undertaken in a manner that does not affect any of the
neighbouring properties.
The Edgar Bennet Avenue frontage of the site shall be provided with:-
19.1. Stormwater drainage pits and pipes connecting into Council’s existing drainage
system,
19.2. Kerb & channelling for the entire frontage (to Council's alignment),
19.3. Bitumen road widening where required as a result of constructing the new kerb &
channel,
19.4. A formed footpath including:-
19.4.1. Landscaping in accordance with Council’s Planning Scheme Policy PSP01
- Landscaping Guidelines (Grass shall be couch, free of weeds), and
19.4.2. A 1.2 metre wide concrete path in accordance with Council’s design
standards and to a meandering alignment. Care shall be taken to protect any
significant vegetation or any underground services and the path shall be
designed and constructed to ensure pedestrian safety using non-slip materials
and to produce an evenly graded surface finish.
The Noosa Drive frontage of the site shall have:-
20.1. All redundant vehicular crossings removed and replaced by kerb & channel and footpath paving in
accordance with Council's Standard specifications prior to commencement of the use permitted by this
permit.
20.2. The existing angle carpark spaces, located in front of the new driveway, relocated so they are in front of
the old driveway by providing appropriate signage and by line-marking the pavement. To this end there
shall be no reduction in the number of marked carpark spaces provided on the street.
20.3. The footpath reconstructed in accordance with Council’s Master Footpath Design, which links Hastings
Street to Noosa Junction.
Vehicle Access
21.
22.
23.
24.
25.
All vehicle access driveways shall be designed to comply with AS2890.1-1993 Parking
facilities Part 1: Off-street car parking accept as modified herein.
The proposed western driveway off the Noosa Drive service road (giving access to Basement
3) shall be a maximum of 5.5 metres wide across the footpath and shall be constructed in
accordance with Council’s Standard Drawings.
The proposed southern driveway off Hibiscus Avenue (giving access to Basements 1 & 2
and the Loading Area) shall be at least 7.5 metres wide overall with a 1.5 metre wide area in
the centre of the driveway to be line-marked to effectively create a 3 metre wide entry anda
3 metre wide exit.
All vehicle access driveways shall be designed and constructed to grades that prevent
vehicles from scraping and/or bottoming. Should any driveways be built to grades that do
not comply with AS2890.1-1993 and AS2890.2-1989, Council will require that the driveway
be removed and reconstructed to levels that do comply.
All vehicles shall enter and leave the site in a forward direction.
Internal Driveways
26.
The western internal driveway shall transition from 5.5 metres wide (at the footpath) to 6.4
metres wide as proposed on the approved plans. This transition shall take place entirely
within the site and not across Council’s footpath.
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Document Set ID: 25012091
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Page 5
27. Given the western internal driveway (leading to Basement 3) is enclosed within a tunnel, it
shall be designed to ensure that a minimum head clearance of 2.2 metres is maintained at
all times. This distance shall take into account slab and beam depths, plus the provision of
services (pipes, ducting, sprinkler systems) to ensure that a minimum distance between the
floor and the ceiling complies with AS2890.1993.
28. The turning bay near the end of the western internal driveway shall be line-marked and sign
posted as a “Turning Bay” where “No Parking” is permitted”
29. Deleted.
30. A speed hump shall be provided on the exit ramp of the Basement 2 car park, in line with the
southern end of the proposed median that separates the entry and exit lanes to the basement
carpark.
31. The entire southern driveway access arrangements (which includes access to basements 1
& 2 and the Loading Area) shall be designed to avoid driver confusion. To this extent the
various components of the driveway shall be delineated by using appropriate line-markings,
signage, and contrasting colours (such as coloured pavements and the use of brick/paver
inlays) generally in accordance with the sketch plan by Ken Hicks & Associates, referred to
as SK-1, dated Jan 04.
In terms of driveway grades, the southern driveway shall be designed to conform to both AS
2890.1-1993 and AS2890.2-1989 and as generally depicted on the sketch plan by Ken Hicks
& Associates, referred to as SK-2, dated Jan 04.
32. A turn lane shall be line-marked for traffic entering the site destined for the Basement 1 car
park.
33. Plans submitted for Operational Works approval shall be accurately drawn to scale showing
ramp grades, levels, stormwater drainage pits and all line-marking and signage proposed.
Carparking
34. Carparking shall be provided within the site as shown on the plans prepared by Marchese &
Partners Architects Pty Ltd numbered OW/06 B and OW/07 B – Basement 1, OW/04 B and
OW/05 B – Basement 2, DA 1.01 D – Basement 3 and as modified by this permit.
35. A minimum of 140 covered carpark spaces shall be provided on site, including 6 clearly
defined disabled carpark spaces.
36. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 and
the minimum head clearance (headroom) at any point shall be 2.2 metres (although head
clearance over a disable space shall be at least 2.5 metres).
37. The Basement 1 carpark (hotel parking) shall:-
37.1. Have at least 3 speed humps evenly distributed along the length of the carparking aisle.
37.2. Have the turning bay provided towards the northern end line-marked and sign posted
as a “Turning Bay” where “No Parking is permitted.
37.3. Maintain unrestricted access between the hours of 7.00am to 1.00am Monday to
Thursday and Sunday and 7.00am to 4.00am Friday and Saturday.
38. The carparking area shall be provided with a sealed or concrete pavement and drained by
gravity means. Plans and specifications for these works shall be submitted in conjunction
with an application for a Development Permit for Operational Works.
39. All carparking shall be kept maintained and line-marked in a condition fit for use.
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27.
28.
29.
30.
31.
32.
33.
Given the western internal driveway (leading to Basement 3) is enclosed within a tunnel, it
shall be designed to ensure that a minimum head clearance of 2.2 metres is maintained at
all times. This distance shall take into account slab and beam depths, plus the provision of
services (pipes, ducting, sprinkler systems) to ensure that a minimum distance between the
floor and the ceiling complies with AS2890.1993.
The turning bay near the end of the western internal driveway shall be line-marked and sign
posted as a “Turning Bay” where “No Parking” is permitted”
Deleted.
A speed hump shall be provided on the exit ramp of the Basement 2 car park, in line with the
southern end of the proposed median that separates the entry and exit lanes to the basement
carpark.
The entire southern driveway access arrangements (which includes access to basements 1
& 2 and the Loading Area) shall be designed to avoid driver confusion. To this extent the
various components of the driveway shall be delineated by using appropriate line-markings,
signage, and contrasting colours (such as coloured pavements and the use of brick/paver
inlays) generally in accordance with the sketch plan by Ken Hicks & Associates, referred to
as SK-1, dated Jan 04.
In terms of driveway grades, the southern driveway shall be designed to conform to both AS
2890.1-1993 and AS2890.2-1989 and as generally depicted on the sketch plan by Ken Hicks
& Associates, referred to as SK-2, dated Jan 04.
A turn lane shall be line-marked for traffic entering the site destined for the Basement 1 car
park.
Plans submitted for Operational Works approval shall be accurately drawn to scale showing
ramp grades, levels, stormwater drainage pits and all line-marking and signage proposed.
Carparking
34.
35.
36.
37.
38.
39.
Carparking shall be provided within the site as shown on the plans prepared by Marchese &
Partners Architects Pty Ltd numbered OW/06 B and OW/07 B — Basement 1, OW/04 B and
OW/05 B — Basement 2, DA 1.01 D — Basement 3 and as modified by this permit.
A minimum of 140 covered carpark spaces shall be provided on site, including 6 clearly
defined disabled carpark spaces.
The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 and
the minimum head clearance (headroom) at any point shall be 2.2 metres (although head
clearance over a disable space shall be at least 2.5 metres).
The Basement 1 carpark (hotel parking) shall:-
37.1. Have at least 3 speed humps evenly distributed along the length of the carparking aisle.
37.2. Have the turning bay provided towards the northern end line-marked and sign posted
as a “Turning Bay” where “No Parking is permitted.
37.3. Maintain unrestricted access between the hours of 7.00am to 1.00am Monday to
Thursday and Sunday and 7.00am to 4.00am Friday and Saturday.
The carparking area shall be provided with a sealed or concrete pavement and drained by
gravity means. Plans and specifications for these works shall be submitted in conjunction
with an application for a Development Permit for Operational Works.
All carparking shall be kept maintained and line-marked in a condition fit for use.
Page 5 of 14
Document Set ID: 25012091
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Page 6
Vegetation Protection from Impervious Pavements
40. Any internal pavements within the drip zone of any of the existing trees on site shall be
designed as a pervious pavement and constructed so as not to damage the tree or their root
system in anyway whatsoever. In this regard, plans shall be submitted to the Council for
approval that clearly show the type and extent of the pervious pavement prior to obtaining a
Development Permit for Operational Works.
Stormwater Drainage
41. All stormwater drainage shall be collected on site and discharged to Council’s existing
drainage structures. In this regard, plans shall be prepared by a Registered Professional
Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
42. A Gross Pollution Trap (GPT) shall be installed within the development site, just prior to any
stormwater drainage being discharged into Council’s drainage system. To this end the GPT
shall be capable of capturing solids, floatables, oils and grease from the stormwater run-off
and details of the GPT shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
43. Grease/oil arrestors shall be provided throughout each of the carparking areas (Basements
1, 2 & 3) and on the driveway areas of the site to minimise the potential volume of
contaminants that would otherwise need to be captured by the GPT.
In this regard stormwater run-off from the carparking and driveway areas shall have the first
flush (the first 12 mm of rainfall or hose-down) collected in the grease/oil arrestors provided
throughout the site prior to being permitted to discharge to the GPT.
All other clean stormwater, such as roof water, can bypass the grease/oil arrestors and the
GPT.
44. A detailed maintenance plan shall be prepared for the proposed GPT and the grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
45. Tabulated hydrologic and hydraulic calculations that demonstrate the adequacy or otherwise
of Council’s existing stormwater drainage system shall be submitted in conjunction with a
Development Permit for Operational Works. Such calculations shall include any remedial
measures necessary to rectify defects in the existing system.
Where proposed site drainage is to be connected to Council’s existing system, the
calculations shall clearly demonstrate the adequacy of the existing drainage network to
accept the additional stormwater flows.
Should Council’s existing drainage system not be adequate, the applicant will be required to
either upgrade Council’s system and/or provide on-site detention/storage tanks to reduce
peak flows.
46. Plans detailing the existing and proposed drainage network including plans and longitudinal
sections of pipeline, the location of pits, pipe invert and pit surface levels, junction details,
size and class of pipes, trench conditions and details of surface flow paths together with
tabulated hydrologic and hydraulic calculations that detail the drainage network and the
capacities of the various surface flow regimes shall be submitted to the Council for approval
prior to obtaining a Development Permit for Operational Works.
Where flows are in excess of 100 litres/second then a hydraulic grade line analysis will be
required.
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Vegetation Protection from Impervious Pavements
40.
Any internal pavements within the drip zone of any of the existing trees on site shall be
designed as a pervious pavement and constructed so as not to damage the tree or their root
system in anyway whatsoever. In this regard, plans shall be submitted to the Council for
approval that clearly show the type and extent of the pervious pavement prior to obtaining a
Development Permit for Operational Works.
Stormwater Drainage
41.
42.
43.
44.
45.
46.
All stormwater drainage shall be collected on site and discharged to Council’s existing
drainage structures. In this regard, plans shall be prepared by a Registered Professional
Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
A Gross Pollution Trap (GPT) shall be installed within the development site, just prior to any
stormwater drainage being discharged into Council's drainage system. To this end the GPT
shall be capable of capturing solids, floatables, oils and grease from the stormwater run-off
and details of the GPT shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
Grease/oil arrestors shall be provided throughout each of the carparking areas (Basements
1, 2 & 3) and on the driveway areas of the site to minimise the potential volume of
contaminants that would otherwise need to be captured by the GPT.
In this regard stormwater run-off from the carparking and driveway areas shall have the first
flush (the first 12 mm of rainfall or hose-down) collected in the grease/oil arrestors provided
throughout the site prior to being permitted to discharge to the GPT.
All other clean stormwater, such as roof water, can bypass the grease/oil arrestors and the
GPT.
A detailed maintenance plan shall be prepared for the proposed GPT and the grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
Tabulated hydrologic and hydraulic calculations that demonstrate the adequacy or otherwise
of Council’s existing stormwater drainage system shall be submitted in conjunction with a
Development Permit for Operational Works. Such calculations shall include any remedial
measures necessary to rectify defects in the existing system.
Where proposed site drainage is to be connected to Council’s existing system, the
calculations shall clearly demonstrate the adequacy of the existing drainage network to
accept the additional stormwater flows.
Should Council’s existing drainage system not be adequate, the applicant will be required to
either upgrade Council's system and/or provide on-site detention/storage tanks to reduce
peak flows.
Plans detailing the existing and proposed drainage network including plans and longitudinal
sections of pipeline, the location of pits, pipe invert and pit surface levels, junction details,
size and class of pipes, trench conditions and details of surface flow paths together with
tabulated hydrologic and hydraulic calculations that detail the drainage network and the
capacities of the various surface flow regimes shall be submitted to the Council for approval
prior to obtaining a Development Permit for Operational Works.
Where flows are in excess of 100 litres/second then a hydraulic grade line analysis will be
required.
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Page 7
47. The design plans are to show how stormwater runoff within and from the site is to be
controlled both during construction and permanently. The plans are to indicate measures to
be taken to prevent erosion and the export of sediment from the site and will embrace the
principles set out in the Institution of Engineers Australia Engineering Guidelines for
Queensland Soil Erosion and Sediment Control, June 1996. Designs shall also incorporate
the principle of “no net increase” in nutrients and other pollutants from the developed site.
This may require the provision of a drainage system that allows first flush (first 12mm of
rainfall) to be collected and treated prior to release into the downstream drainage system.
48. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
49. 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.
50. Ownership of the existing Council sewer main that runs within the development site, and
immediately to the north of the existing Reef Hotel, shall be transferred to the applicant who
shall be responsible for all on going maintenance. To this extent a new manhole shall be
constructed just inside the property boundary of the site and over the existing sewer main.
Council will remain responsible for the existing sewer within the road reserve but will
terminate all responsibility at the new manhole, which shall be the applicant’s responsibility.
In this regard detailed engineering plans shall be prepared of the new manhole (and
associated works) and submitted to the Council for approval prior to Council issuing a
Development Permit for Operational Works (sewer).
51. Any building or structure within proximity of any 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)
Where required, 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.
Town Water Supply
52. 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.
53. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units are served by a single service, multiple water meters
to each individual unit shall be installed. All fees for the supply of water meters shall be paid
to the Council.
Earthworks
54. A Geotechnical engineer must be on site to supervise and direct all excavation works, and
foundation constructions (i.e. Level 1 supervision in accordance with AS3798-1996). Such
work shall only be carried out during dry weather conditions. Should any risk of sand
movement occur - all work shall be suspended until steps (approved by the Geotechnical
engineer in conjunction with Council’s Manager - Land Development) have been taken to
ensure that no further slippage will result.
55. Boundary wall movement shall be monitored throughout construction and if movement
occurs - construction is to be stopped immediately and appropriate action is to be taken to
arrest the movement. Further work shall only take place after a re-assessment of the
conditions on site by the Geotechnical engineer and Noosa Council’s Manager - Land
Development.
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47. The design plans are to show how stormwater runoff within and from the site is to be
controlled both during construction and permanently. The plans are to indicate measures to
be taken to prevent erosion and the export of sediment from the site and will embrace the
principles set out in the Institution of Engineers Australia Engineering Guidelines for
Queensland Soil Erosion and Sediment Control, June 1996. Designs shall also incorporate
the principle of “no net increase” in nutrients and other pollutants from the developed site.
This may require the provision of a drainage system that allows first flush (first 12mm of
rainfall) to be collected and treated prior to release into the downstream drainage system.
48. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
49. 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.
50. Ownership of the existing Council sewer main that runs within the development site, and
immediately to the north of the existing Reef Hotel, shall be transferred to the applicant who
shall be responsible for all on going maintenance. To this extent a new manhole shall be
constructed just inside the property boundary of the site and over the existing sewer main.
Council will remain responsible for the existing sewer within the road reserve but will
terminate all responsibility at the new manhole, which shall be the applicant’s responsibility.
In this regard detailed engineering plans shall be prepared of the new manhole (and
associated works) and submitted to the Council for approval prior to Council issuing a
Development Permit for Operational Works (sewer).
51. Any building or structure within proximity of any 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)
Where required, 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.
Town Water Supply
52. 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.
53. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units are served by a single service, multiple water meters
to each individual unit shall be installed. All fees for the supply of water meters shall be paid
to the Council.
Earthworks
54. A Geotechnical engineer must be on site to supervise and direct all excavation works, and
foundation constructions (i.e. Level 1 supervision in accordance with AS3798-1996). Such
work shall only be carried out during dry weather conditions. Should any risk of sand
movement occur - all work shall be suspended until steps (approved by the Geotechnical
engineer in conjunction with Council’s Manager - Land Development) have been taken to
ensure that no further slippage will result.
55. Boundary wall movement shall be monitored throughout construction and if movement
occurs - construction is to be stopped immediately and appropriate action is to be taken to
arrest the movement. Further work shall only take place after a re-assessment of the
conditions on site by the Geotechnical engineer and Noosa Council’s Manager - Land
Development.
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Page 8
56. The builder, landscaper and all workers associated with the construction of the proposed
development shall at all times comply with the directions of the Geotechnical engineer and
Council officers.
57. Any 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 the ponding of water
on any adjoining lands or the blockage of, or interference with, any natural watercourses.
58. A Registered Professional Engineer Queensland shall certify all designs and certify that he
or she has supervised all engineering works and that all works have been completed in a
workmanlike manner in accordance with the Australian Standards and good engineering
practice.
Construction Issues
59. A Traffic Management Plan addressing all construction phases is to be prepared by a suitably
qualified traffic engineer and submitted to Council for approval prior to any works
commencing on site.
The report should aim to address every foreseeable problem that is likely to occur during the
construction process and include recommendation on how these can be overcome or
minimised.
60. A Construction Management Plan addressing all construction phases is to be prepared and
submitted to Council for approval prior to any works commencing on site.
61. A detailed condition survey and photographic record of all adjoining properties, buildings
(including buildings located on the opposite side of Edgar Bennett Avenue opposite the
proposed development), and services, deemed appropriate by the applicants Geotechnical
Engineer, shall be undertaken prior to any work commencing. One copy of such survey and
photographic record shall be lodged with Council prior to work commencing on site.
62. The use of vibratory equipment of any kind is not permitted to be used, including vibrating
rollers, the use of vibrating installation techniques for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or other similar
construction techniques.
Erosion and Sediment Control
63. Any person acting on this permit shall prevent erosion and sediment export from 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.
64. A contribution of $14,872 towards the provision of pedestrian lighting to the existing
boardwalk, that links the site with Hasting Street, 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 2002 until the date of payment.
65. A contribution of $3,148 towards the cost of constructing a new boardwalk, on the west side
of Noosa Drive to link the site with the Lions Park, 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 2002 until the date
of payment.
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56. The builder, landscaper and all workers associated with the construction of the proposed
development shall at all times comply with the directions of the Geotechnical engineer and
Council officers.
57. Any 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 the ponding of water
on any adjoining lands or the blockage of, or interference with, any natural watercourses.
58. A Registered Professional Engineer Queensland shall certify all designs and certify that he
or she has supervised all engineering works and that all works have been completed in a
workmanlike manner in accordance with the Australian Standards and good engineering
practice.
Construction Issues
59. A Traffic Management Plan addressing all construction phases is to be prepared by a suitably
qualified traffic engineer and submitted to Council for approval prior to any works
commencing on site.
The report should aim to address every foreseeable problem that is likely to occur during the
construction process and include recommendation on how these can be overcome or
minimised.
60. A Construction Management Plan addressing all construction phases is to be prepared and
submitted to Council for approval prior to any works commencing on site.
61. A detailed condition survey and photographic record of all adjoining properties, buildings
(including buildings located on the opposite side of Edgar Bennett Avenue opposite the
proposed development), and services, deemed appropriate by the applicants Geotechnical
Engineer, shall be undertaken prior to any work commencing. One copy of such survey and
photographic record shall be lodged with Council prior to work commencing on site.
62. The use of vibratory equipment of any kind is not permitted to be used, including vibrating
rollers, the use of vibrating installation techniques for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or other similar
construction techniques.
Erosion and Sediment Control
63. Any person acting on this permit shall prevent erosion and sediment export from 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.
64. A contribution of $14,872 towards the provision of pedestrian lighting to the existing
boardwalk, that links the site with Hasting Street, 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 2002 until the date of payment.
65. Acontribution of $3,148 towards the cost of constructing a new boardwalk, on the west side
of Noosa Drive to link the site with the Lions Park, 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 2002 until the date
of payment.
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Page 9
Headworks Contributions
66. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28
and PSP 30 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 as of December 2003 under the current policies is as follows:
Water Supply $114,150
Sewerage $ 88,219
TOTAL $202,369
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.
General
67. The applicant shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
68. 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.
69. 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.
70. 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.
71. The person acting on this permit shall apply for and obtain all other necessary permits
including crane permits, road opening permits, hoarding permits, footpath occupation permits
and/or any other approvals required under any other Act.
72. Prior to the issue of a Development Permit for Operational Works, the Applicant shall sign a
written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
kerb and gutter, or other Council property damaged as a result of construction of the
proposed development.
If any Council property or facilities (such as underground drainage, water supply and
sewerage) is damaged by any person acting under a condition of this permit, through any
cause whatsoever in the course of, directly or indirectly carrying out development, that person
shall forthwith notify the Manager - Land Development and shall forthwith rectify that damage
at its cost.
Alternatively, the Applicant may request the Council to carry out the rectification works.
In all cases, Council reserves the right to carry out rectification works in an emergency and
where no reasonable attempt has been made to complete the rectification works as part of
the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
commencement of use allowed by this permit.
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Headworks Contributions
66.
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28
and PSP 30 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 as of December 2003 under the current policies is as follows:
Water Supply $114,150
Sewerage $ 88,219
TOTAL $202,369
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.
General
67.
68.
69.
70.
71.
72.
The applicant shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
The person acting on this permit shall apply for and obtain all other necessary permits
including crane permits, road opening permits, hoarding permits, footpath occupation permits
and/or any other approvals required under any other Act.
Prior to the issue of a Development Permit for Operational Works, the Applicant shall sign a
written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
kerb and gutter, or other Council property damaged as a result of construction of the
proposed development.
If any Council property or facilities (such as underground drainage, water supply and
sewerage) is damaged by any person acting under a condition of this permit, through any
cause whatsoever in the course of, directly or indirectly carrying out development, that person
shall forthwith notify the Manager - Land Development and shall forthwith rectify that damage
at its cost.
Alternatively, the Applicant may request the Council to carry out the rectification works.
In all cases, Council reserves the right to carry out rectification works in an emergency and
where no reasonable attempt has been made to complete the rectification works as part of
the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the
commencement of use allowed by this permit.
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Page 10
Environmental Health
73. Refuse Management to include:
73.1. The two refuse wash down areas to be provided with a cold water tap, hose and drain
outlet connected to sewer.
73.2. 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.
73.3. Proposed recycling containers in Basement 3 refuse storage area are to be yellow top
wheelie bins.
73.4. Screened common collection points to be located throughout residential area to allow
transfer of household refuse to the main storage area in Basement 3.
74. Proposed store room at rear of hotel to include internal storage of such miscellaneous things
as beer kegs, timber pallets, ice machines and forklift vehicle.
75. 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.
76. 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.
77. 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.
78. Air conditioning units shall be located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
apply for such offences.
78.1. An occupier of premises where there is air-conditioning equipment must not use or
allow the use of the equipment -
78.2. before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following -
78.2.1. 40 dB(A);
78.2.2. 3 dB(A) above the background noise level
78.3. from 7am to 7pm on any day if it makes noise or causes noise to be made of more
than the lower of either of the following:
78.3.1. 50 dB(A)
78.3.2. 5 dB(A) above the background noise level
78.3.3. from 7pm to 10pm on any day if it makes noise or causes noise to be made
of more than 3 dB(A) above the background noise level.
Building
79. 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.
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Environmental Health
73.
74.
75.
76.
TT.
78.
Refuse Management to include:
73.1. The two refuse wash down areas to be provided with a cold water tap, hose and drain
outlet connected to sewer.
73.2. 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.
73.3. Proposed recycling containers in Basement 3 refuse storage area are to be yellow top
wheelie bins.
73.4. Screened common collection points to be located throughout residential area to allow
transfer of household refuse to the main storage area in Basement 3.
Proposed store room at rear of hotel to include internal storage of such miscellaneous things
as beer kegs, timber pallets, ice machines and forklift vehicle.
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.
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.
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.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
apply for such offences.
78.1. An occupier of premises where there is air-conditioning equipment must not use or
allow the use of the equipment -
78.2. before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following -
78.2.1. 40 dB(A);
78.2.2. 3 dB(A) above the background noise level
78.3. from 7am to 7pm on any day if it makes noise or causes noise to be made of more
than the lower of either of the following:
78.3.1. 50 dB(A)
78.3.2. 5 dB(A) above the background noise level
78.3.3. from 7pm to 10pm on any day if it makes noise or causes noise to be made
of more than 3 dB(A) above the background noise level.
Building
79.
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.
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Page 11
ADDITIONAL CONDITIONS
80. Relocate intercom to start of ramp up to enable refuse and recycle vehicles to manoeuvre
for turn around.
81. To ensure compliance with all conditions having particular regard to the setback required for
the pool terrace area and retention of trees required by condition 8 an application to change
any Development Approval for Operational Works affected by the amended approved plans
is required to be submitted prior to the commencement of building works.
Additional Conditions – 23 July 2026 – 132002.220212.3
Approved Plans - July 2026
82. 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
2395/A200.0 B Proposed Site Plan – Application, prepared by 27/03/2026
Cayas + Ward
2395/A200.02 B Demolition Part Plan, prepared by Cayas + Ward 27/03/2026
2395/A200.03 B Proposed Part Plan, prepared by Cayas + Ward 27/03/2026
2395/A200.04 B Proposed Elevation and Detail Section Pipework 27/03/2026
Cover, prepared by Cayas + Ward
- - Arborist report, prepared by Consult Arborist 14 April 2026
VEGETATION PROTECTION
Retention of Existing Trees
83. A qualified person * must be engaged for the duration of the works to ensure all works are
carried out in accordance with the approved Arborist Report listed within this Decision Notice.
Landscaping works
84. The development site must be landscaped. The works must be undertaken by a qualified
person* in accordance with the Noosa Plan 2020 – Planning Scheme Policy (PSP2)
Landscaping for that specific area and must include in particular:
a. Replacement landscaping within the new raised planter bed with a mixed of species to
be selected from Table SC6.3.4.1.
5. REFERENCE DOCUMENTS
Not appliable.
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ADDITIONAL CONDITIONS
80. Relocate intercom to start of ramp up to enable refuse and recycle vehicles to manoeuvre
for turn around.
81. To ensure compliance with all conditions having particular regard to the setback required for
the pool terrace area and retention of trees required by condition 8 an application to change
any Development Approval for Operational Works affected by the amended approved plans
is required to be submitted prior to the commencement of building works.
Additional Conditions — 23 July 2026 — 132002.220212.3
Approved Plans - July 2026
82. 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
2395/A200.0 B Proposed Site Plan — Application, prepared by 27/03/2026
Cayas + Ward
2395/A200.02 |B Demolition Part Plan, prepared by Cayas + Ward 27/03/2026
2395/A200.03 |B Proposed Part Plan, prepared by Cayas + Ward 27/03/2026
2395/A200.04 6B Proposed Elevation and Detail Section Pipework | 27/03/2026
Cover, prepared by Cayas + Ward
- - Arborist report, prepared by Consult Arborist 14 April 2026
VEGETATION PROTECTION
Retention of Existing Trees
83. A qualified person * must be engaged for the duration of the works to ensure all works are
carried out in accordance with the approved Arborist Report listed within this Decision Notice.
Landscaping works
84. The development site must be landscaped. The works must be undertaken by a qualified
person* in accordance with the Noosa Plan 2020 — Planning Scheme Policy (PSP2)
Landscaping for that specific area and must include in particular:
a. Replacement landscaping within the new raised planter bed with a mixed of species to
be selected from Table SC6.3.4.1.
5. REFERENCE DOCUMENTS
Not appliable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. The applicant is to submit two sets of plans in compliance with Council's Code controlling
food establishments for approval for alterations to the food premises, which includes areas
for the storage and sale of liquor.
2. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
2.1 Monday to Saturday, before 7:00am or after 6:30pm
2.2 Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. 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.
4. We advise 'interested parties' i.e. 'developer', 'owner', 'tenant' to consider their
responsibilities under the Disabled 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.
Qualified Person
5. Qualified Person, for the purpose of:
a. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
b. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
Infrastructure Charges
6. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. The applicant is to submit two sets of plans in compliance with Council's Code controlling
food establishments for approval for alterations to the food premises, which includes areas
for the storage and sale of liquor.
2. | The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
2.1 Monday to Saturday, before 7:00am or after 6:30pm
2.2 Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. 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.
4. We advise ‘interested parties' i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled 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.
Qualified Person
5. Qualified Person, for the purpose of:
a. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
b. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees — a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
Infrastructure Charges
6. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Building Works Refurbish Existing Hotel & Multiple Dwelling (45
Units)
Operational Works Landscaping, Car Parking, Access, Site Civil
Works, Roadworks, Stormwater Drainage,
Frontage Works, Sewer Reticulation, Water
Reticulation, Site Filling & Excavations of Materials
to Fill Another Site.
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.
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,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice - 17 October 2002.
• Negotiated Decision Notice - 19 December 2002, with an amendment to conditions 3, 7, 8, 23, 35, 37, 50 and 51 and delete
condition 29.
• Complied Decision Notice - 26 February 2004, with an amendment to conditions 7, 27, 30, 31, 34, 35 and 66, include additional
conditions 80 and 21 and approve plans to comprise those numbered: Issue A – DA1.05/AM, dated 01.12.2003; Issue B -
DA1.01/AM to DA1.04/AM, DA2.01/AM, DA3.01AM dated 20.08.2003; DA4.01/AM, DA4.02/AM dated 10.08.2003; Issue B –
OW/04 to OW/07 dated 06.01.2003; Issue C - OW/12 to OW/18 dated 06.01.2003 prepared by Manolev Associates Pty Ltd; and
SK1 & SK2 dated January 2004 and as may be amended by these conditions.
• Decision Notice - 16 December 2004 - 132002.220212.2 - 22776 DA Change a Development Approval– Refused.
• Decision Notice - Minor - 132002.220212.3 - 23 July 2026, include additional conditions 82, 83 and 84, included Additional
Advisory note and Reference documents. Application for upgrades to fire servicing equipment (NCC) fronting Noosa Drive.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Building Works Refurbish Existing Hotel & Multiple Dwelling (45
Units)
Operational Works Landscaping, Car Parking, Access, Site Civil
Works, Roadworks, Stormwater Drainage,
Frontage Works, Sewer Reticulation, Water
Reticulation, Site Filling & Excavations of Materials
to Fill Another Site.
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.
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,
Ardeew Coffey
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
e Original Decision Notice - 17 October 2002.
e Negotiated Decision Notice - 19 December 2002, with an amendment to conditions 3, 7, 8, 23, 35, 37, 50 and 51 and delete
condition 29.
e¢ Complied Decision Notice - 26 February 2004, with an amendment to conditions 7, 27, 30, 31, 34, 35 and 66, include additional
conditions 80 and 21 and approve plans to comprise those numbered: Issue A — DA1.05/AM, dated 01.12.2003; Issue B -
DA1.01/AM to DA1.04/AM, DA2.01/AM, DA3.01AM dated 20.08.2003; DA4.01/AM, DA4.02/AM dated 10.08.2003; Issue B —
OW/04 to OW/07 dated 06.01.2003; Issue C - OW/12 to OW/18 dated 06.01.2003 prepared by Manolev Associates Pty Ltd; and
SK1 & SK2 dated January 2004 and as may be amended by these conditions.
e Decision Notice - 16 December 2004 - 132002.220212.2 - 22776 DA Change a Development Approval- Refused.
e Decision Notice - Minor - 132002.220212.3 - 23 July 2026, include additional conditions 82, 83 and 84, included Additional
Advisory note and Reference documents. Application for upgrades to fire servicing equipment (NCC) fronting Noosa Drive.
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Page 14
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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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(
iv}
who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business
days after a decision notice for the decision is given to the
agency; or
(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or
(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.
Note —
See the P&E Court Act for the court's power to extend the appeal
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.
(5) If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-
(a) the adopted charge itself; or
(b) for a decision about an offset or refund-
(i) the establishment cost of trunk infrastructure identified in
aLGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
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(3)
(4)
(5)
(6)
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 —
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and
(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and
(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(f) for an appeal to the P&E Court — the chief executive; and
(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.
The service period is —
(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and
(e) adeemed refusal.
non-appealable, for a decision or matter, means the decision or
matter-
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.
232 Rules of the P&E Court
(1)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
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