07/742 SUPERSEDED Change to a Development Approval [As Published] · 132007.742.03

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     1.1.   Vegetation Management Plan 01 50645 Dwg 1 Issue SK, Vegetation Management Plan
            02 50645 Dwg 2 Issue SK and Vegetation Management Plan 03 50645 Dwg 3 Issue SK
            dated April 2007 prepared by Terrain Consultants;
     1.2.   Arborist Report of Significant Trees Rev B dated October 2007 prepared by Terrain
            Consultants;
     1.3.   Site Plan SD01 Rev 3 dated 21 September 2007, Rendered Site Plan SD02 Rev 2
            dated 6 November 2007 and Construction Access Zone Plan SD03 Rev 5 dated 16
            October 2007 prepared by Gall & Medek;
     1.4.   Shared Facilities Plan SD10 Rev C dated 10 October 2007, Gym/Multi Purpose Floor
            Plan SD11 Rev 2 dated 6 November 2007 and Gym/Multi Purpose North
            Elevation/Section SD12 Rev 2 dated 6 November 2007, Shared Facilities SD13 Rev 1
            dated 18 April 2007 prepared by Gall & Medek;
     1.5.   Retreat Type A - Floor Plan SD20 Rev 1, Roof Plan SD21 Rev 1, Side Elevation SD22
            Rev 1, End (Entry) Elevation SD23 Rev 1 dated 18 April 2007 prepared by Gall &
            Medek;
     1.6.   Retreat Type B - Floor Plan SD24 Rev 1, Roof Plan SD25 Rev 1, Side Elevation SD26
            Rev 1, Section SD27 Rev 1 dated 18 April 2007 prepared by Gall & Medek;
     1.7.   Retreat Type C - Floor Plan SD28 Rev 1, Roof Plan SD29 Rev 1, End Elevation SD30
            Rev 1, Side Elevation SD31 Rev 1 dated 18 April 2007 prepared by Gall & Medek;
     1.8.   Retreat Type D - Floor Plan SD32 Rev 1, Roof Plan SD33 Rev 1, Side Elevation SD34
            Rev 1 dated 18 April 2007 prepared by Gall & Medek;
     1.9.   Retreat Type E - Floor Plan SD35 Rev 2, Roof Plan SD36 Rev 2, Side Elevation SD37
            Rev 2 and End Elevation SD38 Rev 2 dated 18 April 2007 prepared by Gall & Medek;
     and as may be amended by these conditions and notations on the approved plans.
2.   The future car parking areas identified on the approved plans are not subject to this approval.
3.   All vegetation shall be retained, and the landscape rehabilitated and restored in accordance
     with approved Conservation Precinct and Ecological Restoration Technical Reports pursuant
     to the Noosa North Shore Eco-Tourism Portal Development Code, and include at a minimum:-
     3.1.   The retention of significant trees and the rehabilitation and restoration of the landscape
            within the Construction Access Zone as identified by the Arborist Report of Significant
            Trees Rev B dated October 2007 prepared by Terrain Consultants and shown on
            Vegetation Management Plan 01 50645 Dwg 1 Issue SK, Vegetation Management Plan
            02 50645 Dwg 2 Issue SK and Vegetation Management Plan 03 50645 Dwg 3 Issue SK
            dated April 2007 prepared by Terrain Consultants. Particular emphasis should be
            placed on the rehabilitation and restoration of the landscape between Guest Lodges No.
            2-6 located adjacent to the Ancillary Facilities due to lack of vegetation in this location;
     3.2.   The retention of all vegetation and the rehabilitation and restoration of the landscape
            outside of the Construction Access Zone as shown on Construction Access Zone Plan
            SD03 Rev 5 dated 16 October 2007 prepared by Gall & Medek; and
     3.3.   The retention of all vegetation and the rehabilitation and restoration of the landscape
            within the 20 metre Landscape Buffer Zones and 20 metre Fire Buffer Zones within the
            site in accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal
            Development Code, excluding any vegetation permitted for removal in accordance with
            Condition 4.2.
     Details of vegetation to be retained and the landscape rehabilitation and restoration works
     shall be detailed in an application for Operational Works – Landscaping (Rehabilitation and
     Restoration).



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4.    Clearing of vegetation shall be in accordance with an Environmental Management Plan and
      Fire Management Technical Report pursuant to the Noosa North Shore Eco-Tourism Portal
      Development Code and may include:-
      4.1.   the clearing of vegetation other than significant trees within the Construction Access
             Zones as identified by the Construction Access Zone Plan SD03 Rev 5 dated 16
             October 2007 prepared by Gall & Medek;
      4.2.   the clearing of significant trees as identified by the Vegetation Management Plan 03
             50645 Dwg 3 Issue SK dated April 2007 prepared by Terrain Consultants; and
      4.3.   the clearing of understorey vegetation, selective clearing of dead trees and a 5m wide
             cleared fire trail, with passing bays in the Fire Buffer Zone as identified on the
             Vegetation Management Plan 01 50645 Dwg 1 Issue SK and Vegetation Management
             Plan 02 50645 Dwg 2 Issue SK dated April 2007, prepared by Terrain Consultants and
             Fire Management Technical Report.
5.    Prior to the commencement of any works, access exclusion fences or similar protective
      measures shall be erected around the perimeter of the Construction Access Zones as
      identified on the Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared
      by Gall & Madek and Conservation Precinct in accordance with the Structure Plan of the
      Noosa North Shore Eco Tourism Portal Development Code.
6.    Guest Lodges shall not be fully self-contained in accordance with the use definition under the
      Noosa North Shore Eco-Tourism Portal Development Code.
7.    The Guest Lodges shall be for short term visitor accommodation only, with no person
      permitted to occupy the Guest Lodges for the purposes of permanent accommodation in
      accordance with the Noosa North Eco-Tourism Portal Development Code.
8.    The Community Management Statement shall include provisions making specific reference to
      this approval and in particular the permitted use of the Guest Lodges; and the measures
      contained in approved Technical Reports and Environmental Management Plan that manage
      the potential threat of bushfire; maintain sewer and water infrastructure; and ensure the
      protection of the environmental values of the site.
9.    A verification survey of Guest Lodges and Ancillary Facilities is to be carried out by a Licensed
      Surveyor and a certificate lodged with Council at completion of work confirming compliance
      with the maximum allowable building height of one storey and 6 metres above natural and
      finished ground levels (Guest Lodges) and one storey and 8 metres, provided that roof pitches
      or curves may extend to 9 metres above natural and finished ground level for Ancillary
      Facilities.
10.   Advertising signage shall be designed and sited in accordance with the Noosa North Shore
      Eco-Tourism Portal Development Code. Plans of the proposed advertising signage shall be
      submitted with an application for Operational Works.
11.   Plantation timbers shall be used in all buildings in accordance with Overall Outcome OO8b),
      with all external colours to be muted earth tones drawn from the natural setting of the site
      pursuant to Overall Outcome OO5c) of the Noosa North Shore Eco-Tourism Portal
      Development Code.
12.   All Guest Lodges and Ancillary Facilities shall incorporate water sensitive design including
      consistency with AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North
      Shore Eco-Tourism Portal Development Code.
13.   Renewable resources and low energy consumption principles shall provide a minimum of 50%
      of the 21 Guest Lodges, power, cooking and heating needs in accordance with Overall
      Outcome OO8d) of the Noosa North Shore Eco-Tourism Portal Development Code.
14.   All open windows of the 21 Guest Lodges shall be screened to reduce the impact of biting
      insects in accordance with Overall Outcome OO8f) of the Noosa North Shore Eco-Tourism
      Portal Development Code.
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15.   A minimum of one Guest Lodge shall have full wheelchair access in accordance with Overall
      Outcome OO9b) of the Noosa North Shore Eco-Tourism Portal Development Code.
16.   A minimum of one covered parking space shall be provided for each Guest Lodge in
      accordance with Overall Outcome OO12a)ii) of the Noosa North Shore Eco-Tourism Portal
      Development Code.
17.   A network of pedestrian and bikeways shall be provided in accordance with Overall Outcome
      OO13a) of the Noosa North Shore Eco-Tourism Portal Development Code. A plan of this
      network shall be submitted for assessment with an application for Operational Works.
18.   A minimum of 20 bicycles shall be made available for development in the West Development
      Zone in accordance with Overall Outcome OO13b) of the Noosa North Shore Eco-Tourism
      Portal Development Code.
19.   Shower facilities shall be made available within the Ancillary Facilities in the West
      Development Zone in accordance with Overall Outcome OO13c) of the Noosa North Shore
      Eco-Tourism Portal Development Code.
20.   A fully accessible shuttle facility operating as a free service available to the general public and
      servicing the development on Lot 2 RP 135678 and the Eco-cabins, Village Green Recreation
      Centre in the East Development Zone and Guest Lodges and Ancillary Facilities in the West
      Development Zone shall be provided in accordance with Overall Outcome OO13d) of the
      Noosa North Shore Eco-Tourism Portal Development Code. A timetable for the shuttle bus
      servicing the West Development Zone shall be provided with the application for Operational
      Works.
21.   Apart from emergency or service vehicles, there shall be no access to the Conservation
      Precinct from the West Development, pursuant to the Noosa North Shore Eco-Tourism Portal
      Development Code.
22.   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.
23.   Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 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.   The Development Permit for a Material Change of Use of premises lapses if the use has not
      happened by 13 December 2011, unless an application to extend the currency is approved by
      Council.
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.
Land Development
Vehicle Access
26.   A vehicular access driveway to serve the development shall be constructed from the Beach
      Road frontage of the site with a maximum width of 6.0m.
27.   Vehicle access to the development shall be undertaken in accordance with the Specific
      Outcome SO2 of the Noosa North Shore Eco-Tourism Portal Development Code with plans
      demonstrating this to be submitted to Council as part of any application for Operational Works
      approval.




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28.   The driveway shall be designed and constructed to Council’s design standards and to grades
      that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
      movements along the footpath without any step or level difference. Should any driveways be
      constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
      the driveway be removed and reconstructed to levels that do comply.
      Please note, a step between the driveway and the footpath shall be avoided, as it is preferred
      to have the footpath continue at a constant grade to minimise the potential for pedestrians to
      trip or fall.
29.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
      the driveway and any associated fencing or vegetation near the driveway shall comply with the
      minimum sight line requirements as defined in AS2890.1, section 3.2.4. The applicant shall
      demonstrate compliance by illustrating these sight lines on the plans submitted for both
      Operational Works approval and Building Works approval.
30.   The internal access road and other lesser driveways shall be designed and constructed to
      alignments that protect existing vegetation where practicable and with suitable minimum
      widths and passing opportunities where necessary. The alignment and widths of the internal
      access road and lesser driveways shall be clearly shown on plans submitted for Operational
      Works approval.
31.   Should any clearing be required for the construction of the internal driveways the trees to be
      removed shall be clearly marked on site and a joint inspection undertaken with Council Officer
      prior to the commencement of any clearing works.
32.   All vehicles shall enter and leave the site in a forward direction.
Car Parking
33.   Carparking shall be provided within the site generally as shown on drawing number SD01 Rev
      3 dated 21 September 2007 by Gall & Medek, except as modified herein.
34.   A minimum of 21 covered carpark spaces shall be provided on site, including one clearly
      defined disabled carpark space.
35.   The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
      for user class 1A 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.
36.   Turning areas shall be provided within the internal driveways or adjacent to the “retreat”
      buildings to enable vehicles to exit the “retreat” buildings in a forward gear. The extent of the
      turning area shall be clearly shown on any plans submitted for Operational Works approval.
37.   All carparking shall be kept, maintained and line-marked in a condition fit for use.
Stormwater Management
38.   The applicant shall use permeable surfaces for low turnover parking areas, low use access
      ways and shall investigate the possibility of reducing impermeable surfaces throughout the
      Stage in accordance with OO11b).
39.   Detailed drawings shall be submitted with the Operational Works Application demonstrating
      that the access ways, driveways and parking surfaces are designed to maintain existing
      drainage patterns and avoid concentrating stormwater flows.
Easement
40.   A registered easement for access in favour of Council shall be created over those sections of
      public pathway that stand within the subject site. The easement shall be centrally located over
      the pathway with a minimum width of 2.5m. The terms of the easement shall include that it is
      the responsibility of the owners of the property to maintain the pathway in such a manner to
      ensure it is safe for public access.


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Sewer Infrastructure
41.   The internal sewerage reticulation system, including pump stations shall be constructed to the
      Standards and Requirements as detailed in the Plumbing and Drainage Act 2002.
42.   The internal sewerage reticulation system shall be designated as “private sewers” with all
      operations and maintenance requirements the responsibility of the property owner/body
      corporate.
43.   Sewer house connection drains shall be located within the disturbance area for the driveway if
      practicable.
44.   Occupation of the “retreat” buildings and/or any other building shall not commence until such
      time as the sewerage system is fully operational and connected to a permanent sewerage
      treatment facility and disposal area as approved by the EPA.
Water Supply
45.   Water supply infrastructure for the development shall be designed to ensure consistency with
      OO8c), OO15, Section 6.4 and Schedule F – 9.6.10 of the NNSETP Code.
Roadworks Contributions (Local Road Network)
46.   A roadworks contribution of $14,811 towards the upgrading of Moorindil Street shall be paid to
      the Council prior to the commencement of the use of Stage Two. This amount will be subject
      to variations in the Consumer Price Index, All Groups Brisbane from September 2007 until the
      date of payment. The money will be used to assist Council with the cost of roundabout
      improvements along Moorindil Street.
Erosion and Sediment Control
47.   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.
Management Plans
48.   The applicant shall submit reports for the relevant stage in accordance with the Environmental
      Management Strategy as outlined in Section 6 of the NNSETP Code, unless previously
      approved by Council for all stages. These reports shall be submitted for approval in
      conjunction with Operational Works application for the relevant stage.
49.   A Construction Management Plan addressing all construction phases of the relevant stage
      shall be prepared by a suitably qualified person and submitted to Council for approval prior to
      obtaining a Development Permit for Operational Works. The plan should aim to address every
      foreseeable problem eg: movements of excavation and construction machinery, building
      material deliveries, stockpiling of materials etc that is likely to occur during the construction
      process of the relevant stage and include recommendations on how these can be overcome or
      minimised.
General
50.   Digital detailed designs including drawings, calculations, etc shall be submitted with any
      application for a Development Permit for Operational Works in respect of roadworks and
      stormwater drainage works. The design shall be in accordance with Council’s Planning
      Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
      To avoid conflict with underground pipes or services, all existing and proposed services
      required by the development shall be shown on the plans.
51.   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.

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52.   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.
53.   The transportation of all materials to and from the site shall be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying materials either to or
      from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
Environmental Health
54.   Potable drinking water to all sinks, taps and showers is to meet the Australian Drinking Water
      Standards.
55.   Water must be treated to a potable standard and analysed by an approved lab for bacterial
      quality as directed by Noosa Council.
56.   The developer must provide waste storage and disposal facilities at this development in
      accordance with Planning Scheme Policy No. 9 “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 wash down are is required with a cold-water tap, hose and drain
      outlet connected to septic system or approved absorption trench. The drain outlet is to be
      designed to prevent stormwater entry to the absorption trench.
57.   Refuse containers must be provided for premises and the recreation/BBQ area 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.
58.   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.
59.   A Waste Management Plan (Operational) in accordance with the Noosa North Shore Eco-
      Tourism Portal Development, must be submitted for the day-to-day operations and approved
      by Council’s Environmental Health Section prior to issue of development permit for operational
      works.
60.   A Waste Management Plan (Demolition/Construction) in accordance with the Noosa North
      Shore Eco-Tourism Portal Development Code, 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.
61.   Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
      pumps etc) shall comply with the following requirements:
      The equipment shall be installed and located in a manner that prevents excessive noise in
      accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-
      the-spot fines) may apply for offences.
      A person must not use equipment on any day if it makes or causes noise to be made –
      From 10pm to 7am: More than the lower of either –
       40 dB(A)
       3 dB(A) above the background noise level
       No audible noise for pool pumps apply during these hours.
            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.


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62.    Noise from building works associated with residential development shall comply with the
       following –
       62.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
       62.2. All reasonable measures are taken to minimise noise emissions.
       62.3. Not permitted on Sunday or public holidays.

5      REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

      Referral Trigger          Referral Status         Referral Agency          Referral Address

Vegetation Clearing           Concurrence            Department of             Ecoaccess Customer
                                                     Environment and           Service Unit
Wetlands                      Advice                 Resource                  PO Box 15155
                                                     Management                CITY EAST QLD
                                                                               4002

Copies of any referral agency responses are attached.
6      APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     The applicant is informed that 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.
2.     The applicant is advised that a Compliance Permit for all potable water supply, recycled water,
       plumbing and drainage works within the boundaries of the development site shall be obtained
       from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building
       Works. Separate water supply and sewerage hydraulic drawings shall be submitted detailing
       all internal plumbing installations for water and sewer house drainage for approval, as part of
       the building application process, and in accordance with the Plumbing and Drainage Act 2002.
3.     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 leave 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.
4.     The plans for the proposed building work have not been assessed for compliance with the
       requirements of the Building Code of Australia as they relate to people with disabilities. Your
       attention is drawn to the matter that either or both the Disability Discrimination Act 1992
       (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
       proposed building work.
       Noosa Council recommends that the following matters be considered to address equitable
       access and facilities in the building:-



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      a.     The building and environs should be designed to meet the requirements of the Human
             Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
             AS1428.2;

      b.     Applicants should be aware that a “Disability Standard on Access to Premises is being
             developed and most likely will result in changes to the Building Code of Australia;

      c.     Any services and facilities in the building complex must allow independent, dignified and
             equitable use of the services and facilities for all people.
5.    This proposal has not been assessed in relation to the spread of fire between properties /
      buildings. It is the building certifiers responsibility to assess the requirements for fire services,
      fire separation and appropriate methods of construction as part of the building works approval
      process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
      part of the Building Approval process.
6.    Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as
      amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from
      the dwelling to the pool enclosure is not permitted.
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)   The Disability Discrimination Act 1992 (Commonwealth)
(b)   Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)   The building and environs should be designed to meet the requirements of the Human Rights
      and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
(b)   Applicants should be aware that a “Disability Standard on Access to premises” is currently
      being developed and most likely will impose changes on the Building Code of Australia
(c)   Any services and facilities in the building complex should allow independent, dignified and
      equitable use of the services and facilities for all people.




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Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable.

9     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building                All Building Work
 Development Permit for Operational             Landscaping, access and/or carparking, site civil works,
 Works                                          roadworks, stormwater drainage and erosion & sediment
                                                control

11    SELF ASSESSABLE CODES
Not applicable.

12    SUBMISSIONS

Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

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

15    OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council offices.




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DECISION NOTICE HISTORY

13 December 2007         Original Decision Notice
15 September 2010        Changes to an Existing Approval with amendment to Condition 7

Yours faithfully,



Kerri Coyle
Coordinator Planning Applications - North

Enc:    Appeal Rights
        Referral Agency Response dated 7 September 2010

cc:     DERM
        Ecoaccess Customer Service Unit
        PO Box 15155
        CITY EAST QLD 4002




                                                                              Page 11 of 18

Page 12

Referral Agency Conditions
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009




                                     Page 12 of 18

Page 13

    2007/742




Page 13 of 18


[OCR of page images]
2007/742

 

+i

Att.
Your Ref: 2007/742

Tracy Arthur

Noosa Shire Council
PO Box 141
Tewantin Qld 4565

Page 14

    2007/742




Page 14 of 18


[OCR of page images]
2007/742

 

Department of Natural Resources and Water —

Referral agency response
Given under Section 3.3.16 of the integrated Planning Act 1997

BR so ede ee

1. Application details

1.1. Applicant’s name Wolter Consulting Group

1.2. Property description Lot 7 on RP844337

1.3. Development type Material Change of Use (MCU)
1.4. Assessment manager (AM) Noosa Council

1.5. AM reference 2007/742

1.6, Referral date 21 May 2007

1.7. Our references . eLVAS — 2007/005432
: File -- GY V/000902
Trackjob — IC0507GYM0010

2. Concurrence agency response

The chief executive of the Department of Natural Resources and Water (NRW)
would like to inform the AM that NRW has no concurrence agency requirements
in regard to the application.

3. Reasons for the concurrence agency response

NRW has assessed the application against the Concurrence Agency Policy for
Material Change of Use (MCU) 20 November 2006 and has determined that the
application meets the requirements of Criteria Table B because clearing as a result
of the MCU will only occur— ‘

. For an urban purpose in an urban area on freehold land; and

« ‘In remnant vegetation that does not contain an endangered regional
ecosystem, where the land is not shown on a PMAV.

4. Aboriginal cultural heritage advice

Under Section 23 of the Aboriginal Cultural Heritage Act 2003, a person who
carries out an activity must take all reasonable and practicable measures to ensure
that the activity does not harm Aboriginal cultural heritage (the “cultural heritage
duty of care”). Maximum penalties for breaching the cultural heritage duty of care
are $750 000 for a corporation and $75 000 for an individual.

Applicants will comply with the cultural heritage duty of care in relation to
Aboriginal cultural heritage if they are acting in compliance with the cultural
heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage
Act 2003, available on the NRW’s website, or in accordance with an agreement
with the Aboriginal party for the area or a cultural heritage management plan
approved under Part 7 of the Aboriginal Cultural Heritage Act 2003.

 

Page 1 of 2

ee,

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2007/742

 

NRW - referral agency response — 2007/005432

Applicants should also undertake a search of the Aboriginal Cultural Heritage
Database and the Aboriginal Cultural Heritage Register, administered by the
Cultural Heritage Coordination Unit, NRW. Application forms to undertake a free
search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural
Heritage Register may be obtained by contacting the Cultural Heritage
Coordination Unit on (07) 323 83838 or on the NRW’s website—
www.nrw.qld.gov.au/cultural_heritage.

 

. Delegated officer signature

Y

Mr Brett Johnson
Senior Vegetation Management Officer — VM1
South East Region, NRW

31 May 2007

 

Page 2 of 2

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ck aan AT da

ane

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2007/742

 

Sake neeneoee Notice

Assessment of request to change a development approval

This notice is issued by the Department of Environment and Resource Management pursuant to section 373 of the
Sustainable Planning Act 2009 (“the Act’),

Chief Executive Officer Cc. Wolter Consulting Group
Sunshine Coast Regional Council PO Box 436
Locked Bag 72 New Farm Qld 4005

Sunshine Coast Mail Centre Qid 4560
Attention: Kerri Coyle Attention: Andrew Crawford
DERM reference: 32197, ICOSOSNAMWI012.
1C1106GYM0005, ICOSO7GYM0010, IC1206GYM0008
Request to change development approvals

1. The Chief Executive, Department of Environment and Resource Management (DERM) as a
Relevant Entity under section 373 of the Act, received a copy of the requests to change five
development approvals on 24 August 2010.

2 Details of the development approvals
Development Approval reference:
~ 23537DA
— 2005/1550
= 2006/2237
— 2007/742
~ 2006/2456

3. Recommendation
DERM has no objection to the changes being made to the Development Approvals.

Delegate Enquiries:
Department of Environment and Resource

Management
Nambour Centenary Square

52-64 Currie Street
PO Box 573
Daniel Leo Nambour Qid 4560
Senior Officer — Planning and Assessment Phone: 07 54512256
Delegate of the Chief, Executive, Department of Fax: 07 54512260
Environment and Resource Management Email; [email protected]

7 September 2010

 

Page 1 of 1 «091217
Department of Environment and Resource Management g Queensland Government
wrew.derm.qid.qov.au ABN 46 640 24 455

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2007/742

 

Queensland
¥& Government
?
Enquiries Dr Anne Bothwell
Telephone (07) 3225 8817
Yourreference — 207/742 Environmental Protection Agency

Our reférence STH7085
: incorporating the

Queensland Parks and Wildlife Service
18 June 2007

Chief Executive Officer
Noosa Council

PO Box 141
TEWANTIN QLD 4565

Dear Sir/Madam.

Application for Material Change of Use, Western Development Zone, Lot 7 on Plan
RP884337, 168 Maximillian Road, Noosa North Shore, Parish of Laguna, Noosa Shire;
Purpose - 21 dwellings, 48 car parking spaces & associated recreational facilities

Officers of the Environmental Protection Agency have reviewed the information provided and are
satisfied that State interests will be met if the applicant fulfils the requirements they are
committed to under the Noosa North Shore Eco-Tourism Portal Development Code; Beach road.
and Maximillian Road, Noosa North Shore (&RP844337).

Yours sincerely

f doo

Robyn Hesse
Planning Manager (SEQ District)

 
  
  

. 29
8
ey
H:\PLANNING\SEQ Local Gov\Noosa\2007\Development Approvals\DA 2007-
742_MCU_Lot7RP844337_168MaximillianRd_NoosaNorthShore.doc

Page 1 of
Queensland Australia

Queensland Australia

Telephone
Facsimite
Website www.epa.qid.gov.au

ABN 87 221 188 786

Printed on 100% recycled paper

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Page 18

                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

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




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