SUPERSEDED - Minor Change Existing Approval 132004.5744.12 - (As Published)

Page 2

B.   Amend condition 1.
C.   Approve an Administrative Change to the description of the development permit to reflect
     incorrect details resulting from previous change approvals. Administrative change to be as
     below:
     Development Permit for a Material Change of Use (Retirement Community – 165
     Dwelling/Accommodation Units and Ancillary Facilities)
3.   CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is stated in the conditions below.
4.   ASSESSMENT MANAGER CONDITIONS

Land Use
Amended Condition – Approved Plans
1.   Development authorised by this approval must be undertaken generally in accordance with
     the Approved Plans listed in the table below.

        Plan No.         Rev. Plan/Document Name                                   Date

        1519-WD01        -      Revised Site Plan prepared by Greg Gibbs           December 2015

        0379-SK05        B      Drainage Design                                    October 2004

        TP-01            P5     Site Plan prepared by Select Architects            22 April 2024

        TP‐02            P3     Proposed Ground Floor Plan (Building A) 22 April 2024
                                prepared by Select Architects

        TP-03            P3     Proposed First Floor Plan (Building A) prepared 22 April 2024
                                by Select Architects

        TP-04            P3     Proposed Roof Plan (Building A) prepared by 22 April 2024
                                Select Architects

        TP-05            P1     Proposed Elevations (Building A) prepared by 16 May 2017
                                Select Architects

        TP-06            P4     Proposed Ground Plan (Building B) prepared by 22 April 2024
                                Select Architects

        TP-07            P4     Proposed First Floor Plan (Building B) prepared 22 April 2024
                                by Select Architects

        TP-08            P4     Proposed Roof Plan (Building B) prepared by 22 April 2024
                                Select Architects

        TP-09            P1     Proposed Elevations Sheet 1 (Building B) 16 May 2017
                                prepared by Select Architects

        TP-10            P1     Proposed Elevations Sheet 2 (Building B) 16 May 2017
                                prepared by Select Architects

        0379-SK-CC       1A     Community Centre Floor Plan prepared by Greg November 2004
                                Gibbs




                                                                                       Page 2 of 16


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w

Amend condition 1.

C. Approve an Administrative Change to the description of the development permit to reflect
incorrect details resulting from previous change approvals. Administrative change to be as

below:

Development Permit for a Material Change of Use (Retirement Community — 165
Dwelling/Accommodation Units and Ancillary Facilities)

3. CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS

Land Use

Amended Condition — Approved Plans

1. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.

Plan No.
1519-WD01
0379-SK05
TP-01

TP-02

TP-03

TP-04

TP-05

TP-06

TP-07

TP-08

TP-09

TP-10

0379-SK-CC

Rev.

B

P5
P3

P3

P3

PA

P4

P4

P4

PA

PA

1A

Plan/Document Name

Revised Site Plan prepared by Greg Gibbs
Drainage Design

Site Plan prepared by Select Architects

Proposed Ground Floor Plan (Building A)
prepared by Select Architects

Proposed First Floor Plan (Building A) prepared
by Select Architects

Proposed Roof Plan (Building A) prepared by
Select Architects

Proposed Elevations (Building A) prepared by
Select Architects

Proposed Ground Plan (Building B) prepared by
Select Architects

Proposed First Floor Plan (Building B) prepared
by Select Architects

Proposed Roof Plan (Building B) prepared by
Select Architects

Proposed Elevations Sheet 1 (Building B)
prepared by Select Architects

Proposed Elevations Sheet 2 (Building B)
prepared by Select Architects

Community Centre Floor Plan prepared by Greg
Gibbs

Date

December 2015
October 2004
22 April 2024

22 April 2024

22 April 2024

22 April 2024

16 May 2017

22 April 2024

22 April 2024

22 April 2024

16 May 2017

16 May 2017

November 2004

Page 2 of 16

Page 3

        0379-SK-CC        2A     Community Centre Elevations prepared by Greg November 2004
                                 Gibbs

        0379-VILLA-A      A      Type A Villa prepared by Greg Gibbs                   November 2004

        0379-VILLA-B      A      Type B Villa prepared by Greg Gibbs                   November 2004

        0379-VILLA-C      A      Type C Villa prepared by Greg Gibbs                   November 2004

        0379-VILLA-D      A      Type D Villa prepared by Greg Gibbs                   November 2004

        0379-VILLA-E      A      Type E Villa prepared by Greg Gibbs                   November 2004

        LA-01             B      Landscape Concept Plan – Entry prepared by June 2005
                                 Land Graphics

        LA-01             B      Landscape Concept Plan prepared by Land June 2005
                                 Graphics

        1514-WD02         -      The Singleton Floor Plan prepared by Greg Gibbs December 2015

        1514-WD04         -      The Singleton Elevations prepared by Greg Gibbs December 2015

        1514-WD01         -      The Singleton Site Plan + Finishes prepared by December 2015
                                 Greg Gibbs

2.    All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a
      minimum of 600mm wide, apart from the following:
      2.1   elevations, which do not front an internal street or front the rear outdoor living areas;
      2.2   areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
            03A prepared by Greg Gibbs Architects.
3.    Sunhoods shall be provided over all windows facing north, west and east on the ground floor
      of 2 storey buildings.
4.    Deleted.
5.    Buildings shall vary in design, colour and finishes, with building finishes to vary in texture,
      detailing and the like. A scheme detailing the colour and building finishes shall be submitted
      to Council prior issue of a Development Permit for Operational Works.
6.    Broad expanses (15m2 or more) of high contrast shades of white or bright colours or pasts
      on external walls shall be avoided.
7.    Soft landscaping (planting) shall be provided over a minimum of 20% of the site area.
8.    A minimum of 1 covered car parking space shall be provided for each of the ‘Villa’ dwelling
      units and ‘Building A’ and ‘Building B’. The covered car parking spaces shall be in proximity
      to the dwelling units to the reasonable satisfaction of the Council’s delegate.
9.    The community centre shall be for residents of the retirement village and their visitors. The
      community centre shall not be for use by the general public.
10.   The caravan/boat storage parking area and the visitor parking, bin storage to Walter Hay
      Drive shall maintain a 2 metre landscaped setback from Walter Hay Drive North at a
      minimum.
11.   All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive
      North and Eenie Creek Road, apart from the depot building, which shall be setback a
      minimum of 6 metres from the front boundary to Walter Hay Drive North.



                                                                                        Page 3 of 16


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10.

11.

0379-SK-CC | 2A | Community Centre Elevations prepared by Greg | November 2004
Gibbs

0379-VILLA-A A Type A Villa prepared by Greg Gibbs November 2004

0379-VILLA-B A Type B Villa prepared by Greg Gibbs November 2004

0379-VILLA-C A Type C Villa prepared by Greg Gibbs November 2004

0379-VILLA-D A Type D Villa prepared by Greg Gibbs November 2004

0379-VILLA-E A Type E Villa prepared by Greg Gibbs November 2004

LA-01 B Landscape Concept Plan — Entry prepared by | June 2005
Land Graphics

LA-01 B Landscape Concept Plan prepared by Land | June 2005
Graphics

1514-WD02 - The Singleton Floor Plan prepared by Greg Gibbs | December 2015

1514-WD04 - The Singleton Elevations prepared by Greg Gibbs | December 2015

1514-WD01 - The Singleton Site Plan + Finishes prepared by | December 2015

Greg Gibbs

All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a
minimum of 600mm wide, apart from the following:

2.1 elevations, which do not front an internal street or front the rear outdoor living areas;

2.2 areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A &
03A prepared by Greg Gibbs Architects.

Sunhoods shall be provided over all windows facing north, west and east on the ground floor
of 2 storey buildings.

Deleted.

Buildings shall vary in design, colour and finishes, with building finishes to vary in texture,
detailing and the like. A scheme detailing the colour and building finishes shall be submitted
to Council prior issue of a Development Permit for Operational Works.

Broad expanses (15m2 or more) of high contrast shades of white or bright colours or pasts
on external walls shall be avoided.

Soft landscaping (planting) shall be provided over a minimum of 20% of the site area.

A minimum of 1 covered car parking space shall be provided for each of the ‘Villa’ dwelling
units and ‘Building A’ and ‘Building B’. The covered car parking spaces shall be in proximity
to the dwelling units to the reasonable satisfaction of the Council’s delegate.

The community centre shall be for residents of the retirement village and their visitors. The
community centre shall not be for use by the general public.

The caravan/boat storage parking area and the visitor parking, bin storage to Walter Hay
Drive shall maintain a 2 metre landscaped setback from Walter Hay Drive North at a
minimum.

All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive
North and Eenie Creek Road, apart from the depot building, which shall be setback a
minimum of 6 metres from the front boundary to Walter Hay Drive North.

Page 3 of 16

Page 4

12.   The proposed development shall comply with the noise management strategies contained in
      the report “Noise Assessment Report Retirement Village corner Walter Hay Drive and Eenie
      Creek Road, Noosa – Report No. 507 – 611 Revision 2” prepared by Noise Measurement
      Services, dated 16 June 2005 and include a 2 metre high acoustic barrier constructed along
      the complete length of the site frontages adjacent Walter Hay Drive. Heights of this acoustic
      barrier are to be relative to the finished level of the unit’s minimum floor level with a minimum
      superficial mass of 15 kg/m2.
13.   On completion of the development, a certificate by an appropriately qualified acoustic
      consultant shall be submitted to Council demonstrating that the development complies with
      the noise condition.
14.   All hot water systems installed shall be either solar systems; electric heat pump systems or
      gas systems (LPG or natural).
15.   To meet the needs of people across a range of abilities and ages and be adaptable for the
      changing needs of people over time, all dwelling and accommodation units shall include the
      following:
      1.    Are wheel chair accessible;
      2.    Are accessible by a lift for those units located above the ground floor;
      3.    All doors are a minimum of 870 mm wide; and
      4.    Hallways are a minimum of 1.2m wide; and
      All entries into the dwelling unit and internal doorways, have no more than a 10mm change
      in level; and
      Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached
      along an accessible path; and
      A window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow a
      seated person to look out of and open and close the window; and
      All power points are placed up from the floor (minimum 600mm) and out from the corner
      (minimum 500mm) to facilitate disabled access.
16.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of the work confirming compliance with the
      minimum required floor level and the maximum building height above the finished ground
      level, required by the provisions of the Planning Scheme.
17.   The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
18.   The proposed development shall have all kitchen, laundry and bathroom fittings that comply
      with the AAA Water Conservation rating System as defined by the AS/NZS 6400 (Water
      Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (national Plumbing and
      Drainage Standard part 1.2), with toilets to comply with the AAAA Water Conservation Rating
      System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
      Dishwaters and washing machines are excluded from this requirement.
19.   The open space and setback areas are to be landscaped in accordance with Council’s Policy
      on Landscaping Guidelines and a properly prepared landscape plan and prepared by a
      suitably qualified landscape architect or horticulturalist. Such landscaping is to be completed
      prior to the premises being occupied and maintained at all times thereafter.
20.   Landscaping shall be provided in the road reserve and shall include vegetation to screen any
      fencing (including sound attenuation fencing) along Walter Hay Drive North. This
      landscaping shall maintain required visibility for traffic and pedestrians. All fencing shall be
      located in a manner to avoid existing trees and shall be setback a minimum of 2 metres to
      the road frontages, apart from where constructed on the existing block retaining wall and to
      Eenie Creek Road frontage where located along the top of the landscaped mound.


                                                                                        Page 4 of 16


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12.

13.

14.

15.

16.

17.

18.

19.

20.

The proposed development shall comply with the noise management strategies contained in
the report “Noise Assessment Report Retirement Village corner Walter Hay Drive and Eenie
Creek Road, Noosa — Report No. 507 — 611 Revision 2” prepared by Noise Measurement
Services, dated 16 June 2005 and include a 2 metre high acoustic barrier constructed along
the complete length of the site frontages adjacent Walter Hay Drive. Heights of this acoustic
barrier are to be relative to the finished level of the unit’s minimum floor level with a minimum
superficial mass of 15 kg/m?.

On completion of the development, a certificate by an appropriately qualified acoustic
consultant shall be submitted to Council demonstrating that the development complies with
the noise condition.

All hot water systems installed shall be either solar systems; electric heat pump systems or
gas systems (LPG or natural).

To meet the needs of people across a range of abilities and ages and be adaptable for the
changing needs of people over time, all dwelling and accommodation units shall include the
following:

1. Are wheel chair accessible;

2. Are accessible by a lift for those units located above the ground floor;
3. All doors are a minimum of 870 mm wide; and

4. Hallways are a minimum of 1.2m wide; and

All entries into the dwelling unit and internal doorways, have no more than a 10mm change
in level; and

Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached
along an accessible path; and

A window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow a
seated person to look out of and open and close the window; and

All power points are placed up from the floor (minimum 600mm) and out from the corner
(minimum 500mm) to facilitate disabled access.

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 the finished ground
level, required by the provisions of the Planning Scheme.

The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.

The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation rating System as defined by the AS/NZS 6400 (Water
Efficient Products — Rating and Labelling 2003) and AS/NZS 3500 (national Plumbing and
Drainage Standard part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwaters and washing machines are excluded from this requirement.

The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan and prepared by a
suitably qualified landscape architect or horticulturalist. Such landscaping is to be completed
prior to the premises being occupied and maintained at all times thereafter.

Landscaping shall be provided in the road reserve and shall include vegetation to screen any
fencing (including sound attenuation fencing) along Walter Hay Drive North. This
landscaping shall maintain required visibility for traffic and pedestrians. All fencing shall be
located in a manner to avoid existing trees and shall be setback a minimum of 2 metres to
the road frontages, apart from where constructed on the existing block retaining wall and to
Eenie Creek Road frontage where located along the top of the landscaped mound.

Page 4 of 16

Page 5

21.   Existing trees on the site and within road reserves are to be retained, except where required
      to be removed due to building operations or the conduct of the approved use. The landscape
      plans referred to above are to denote areas of existing vegetation or existing trees proposed
      to be retained and address the completion of the vegetated buffer required to Walter Hay
      Drive North and Eenie Creek Road.
22.   Any advertising sign or device is to comply with the provisions of Council's policies on
      advertising.
23.   Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
      be submitted, to secure performance of all conditions of this approval, prior to the issue of a
      Development Permit for Operational Works. The cash bond or trading bank guarantee will
      be returned on performance of the conditions of approval less any costs incurred by Council
      in respect of enforcing performance of this permit.
24.   Council reserves the right to call upon the bond or guaranteed sum referred to in this approval
      to effect compliance with conditions.
25.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for building works.
26.   The relevant period for the Development Permit for a material change of use of premises
      shall be in accordance with the Integrated Planning Act 1997.
Building Services
27.   The swimming pool is to be contained within complying pool enclosures. Direct access from
      any dwelling unit or building to the swimming pool or spa is not permitted
Land Development
River Flooding
28.   All buildings proposed on site (and areas utilised for carparking purposes associated with the
      buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements
      as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue
      of the Building Permit.
      In this regard and as an indication only all buildings should have a Minimum Floor Height of
      RL 2.5m (AHD), although garaged areas utilised for carparking purposes associated with
      the residential use may be reduced by 0.3m. These levels however are subject to change
      and verification shall be made to Council’s Land Development Section prior to obtaining a
      Development Permit for Building Works.
Vehicle Access
29.   No right turn access to the development from Walter Hay Drive is permitted. A vehicular
      access driveway to service the development shall be constructed from the Walter Hay Drive
      North frontage of the site with a minimum width of 6.0m.
30.   No right turn exit from the site will be permitted.
31.   The gate shall be located far enough from the frontage to allow appropriate queuing for
      vehicles awaiting gate opening so they do not affect traffic movements on Walter Hay Drive
      North. The gate must also be positioned so that refuse vehicles and vehicles that mistakenly
      enter the site can do a simple manoeuvre to leave the site.
32.   All internal roads and driveways shall be designed and constructed to Council’s design
      standards and to grades that prevent vehicles from scraping and/or bottoming whilst also
      allowing pedestrians movements along the footpath without any level difference. Should any
      driveways be constructed to grades that do not comply with AS2890.1-2004, Council will
      require that the driveway be removed and reconstructed to levels that do comply.
      Please note, a step between the driveway and the footpath areas shall be avoided, as it is
      preferred to have the footpath continue at a constant grade to minimise the potential for
      pedestrians to trip or fall.


                                                                                       Page 5 of 16


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21.

22.

23.

24.

25.

26.

Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained and address the completion of the vegetated buffer required to Walter Hay
Drive North and Eenie Creek Road.

Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.

Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational Works. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by Council
in respect of enforcing performance of this permit.

Council reserves the right to call upon the bond or guaranteed sum referred to in this approval
to effect compliance with conditions.

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.

The relevant period for the Development Permit for a material change of use of premises
shall be in accordance with the Integrated Planning Act 1997.

Building Services

27.

The swimming pool is to be contained within complying pool enclosures. Direct access from
any dwelling unit or building to the swimming pool or spa is not permitted

Land Development
River Flooding

28.

All buildings proposed on site (and areas utilised for carparking purposes associated with the
buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements
as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue
of the Building Permit.

In this regard and as an indication only all buildings should have a Minimum Floor Height of
RL 2.5m (AHD), although garaged areas utilised for carparking purposes associated with
the residential use may be reduced by 0.3m. These levels however are subject to change
and verification shall be made to Council’s Land Development Section prior to obtaining a
Development Permit for Building Works.

Vehicle Access

29.

30.
31.

32.

No right turn access to the development from Walter Hay Drive is permitted. A vehicular
access driveway to service the development shall be constructed from the Walter Hay Drive
North frontage of the site with a minimum width of 6.0m.

No right turn exit from the site will be permitted.

The gate shall be located far enough from the frontage to allow appropriate queuing for
vehicles awaiting gate opening so they do not affect traffic movements on Walter Hay Drive
North. The gate must also be positioned so that refuse vehicles and vehicles that mistakenly
enter the site can do a simple manoeuvre to leave the site.

All internal roads and driveways shall be designed and constructed to Council’s design
standards and to grades that prevent vehicles from scraping and/or bottoming whilst also
allowing pedestrians movements along the footpath without any level difference. Should any
driveways be constructed to grades that do not comply with AS2890.1-2004, Council will
require that the driveway be removed and reconstructed to levels that do comply.

Please note, a step between the driveway and the footpath areas shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.

Page 5 of 16

Page 6

33.   All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
34.   A vehicle access easement shall be created over the proposed access driveway that gives
      the Council (cars that mistakenly enter the site to exit) and refuse vehicles access to collect
      refuse. The easement shall cover all the area required on site for manoeuvring and also
      ensure that the vehicles can leave in a forward direction and shall benefit Council and burden
      Lot 2 on SP 162077.
      In this regard, plans submitted for Operational Works approval shall accurately show the
      location of the easement.
      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
      undertaking in writing that the Title Deed and the easement documents will be lodged at the
      Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
      of Council will be attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to the
      use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
Internal Roads and Driveways
35.   Internal Roads and Driveways shall be in accordance with Plan - Road Network & Parking
      0379 SK04C dated October 2004 prepared by Greg Gibbs Architects, except as modified
      herein.
36.   Privacy screens and landscaping that are proposed will need to be clear of visibility splays
      required for the speed environment proposed.
Loading Areas
37.   Loading zones and the Village bus space shall be constructed in accordance with Plan -
      Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs
      Architects, except as modified herein. They shall be sized for Small Rigid Vehicles as
      required by AS2890.1-2004. These spaces shall be sign posted to indicate they are loading
      zones and bus parking.
Off Street Carparking
38.   Carparking shall be provided within the site as shown on Plan – Road Network & Parking
      0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the
      Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared
      by Select Architects, except as modified herein.
39.   The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
      user class 1 with allowance for vehicles to enter and leave the site in a forward gear and with
      a minimum head clearance (headroom) at any point of 2.2m.
40.   The proposed turning areas at the end of the aisles shall be line-marked with chevrons and
      have the words “No Parking” painted on the pavement. A sign shall also be provided to
      indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
41.   All carparking shall be kept, maintained and line-marked in a condition fit for use.
42.   All staff carpark spaces shall be clearly defined by line marking each space with the words
      “Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection
43.   All vegetation that exists on site at a level of RL 3.5m (AHD) or higher along Eenie Creek
      Road (ECR) and Walter Hay Drive North frontages is to be retained to act as a natural
      vegetative strip and provide screening for any development (with the exception of vegetation
      needed to be removed for the car spaces located in the ECR mound). Also vegetation in the
      drainage area to the east of the site is to be retained except for weed removal. In this regard,


                                                                                       Page 6 of 16


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33.

All vehicles shall enter and leave the site in a forward direction.

Vehicle Access Easement

34.

A vehicle access easement shall be created over the proposed access driveway that gives
the Council (cars that mistakenly enter the site to exit) and refuse vehicles access to collect
refuse. The easement shall cover all the area required on site for manoeuvring and also
ensure that the vehicles can leave in a forward direction and shall benefit Council and burden
Lot 2 on SP 162077.

In this regard, plans submitted for Operational Works approval shall accurately show the
location of the easement.

In addition to this the Applicant's Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.

A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.

Any changes required by Council's Solicitor must be corrected immediately.

Internal Roads and Driveways

35.

36.

Internal Roads and Driveways shall be in accordance with Plan - Road Network & Parking
0379 SKO04C dated October 2004 prepared by Greg Gibbs Architects, except as modified
herein.

Privacy screens and landscaping that are proposed will need to be clear of visibility splays
required for the speed environment proposed.

Loading Areas

37.

Loading zones and the Village bus space shall be constructed in accordance with Plan -
Road Network & Parking 0379 SKO4C dated October 2004 prepared by Greg Gibbs
Architects, except as modified herein. They shall be sized for Small Rigid Vehicles as
required by AS2890.1-2004. These spaces shall be sign posted to indicate they are loading
zones and bus parking.

Off Street Carparking

38.

39.

40.

41.
42.

Carparking shall be provided within the site as shown on Plan — Road Network & Parking
0379 SKO4C dated October 2004 prepared by Greg Gibbs Architects and as shown on the
Plan — Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared
by Select Architects, except as modified herein.

The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user Class 1 with allowance for vehicles to enter and leave the site in a forward gear and with
a minimum head clearance (headroom) at any point of 2.2m.

The proposed turning areas at the end of the aisles shall be line-marked with chevrons and
have the words “No Parking” painted on the pavement. A sign shall also be provided to
indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.

All carparking shall be kept, maintained and line-marked in a condition fit for use.

All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.

Vegetation Protection

43.

All vegetation that exists on site at a level of RL 3.5m (AHD) or higher along Eenie Creek
Road (ECR) and Walter Hay Drive North frontages is to be retained to act as a natural
vegetative strip and provide screening for any development (with the exception of vegetation
needed to be removed for the car spaces located in the ECR mound). Also vegetation in the
drainage area to the east of the site is to be retained except for weed removal. In this regard,

Page 6 of 16

Page 7

      the applicant is required to clearly delineate areas of vegetation not to be removed on the
      whole parcel, and submit a plan showing the areas of vegetation to be protected prior to the
      commencement of any works on site.
44.   A 15 metre vegetated strip is to be planted along the Walter Hay Drive North road frontage
      of the site, comprising a densely vegetated drainage swale 10 metres in width and a further
      5 metres of dense vegetation further within the development. To this end, vegetation is to
      comprise remnant vegetation having a level of RL 3.5m (AHD) or higher and rehabilitated
      vegetation comprising species endemic to the immediate area densely planted to provide a
      complete visual screen to any development within proposed Lot 2.
45.   Vehicular pavements within the drip zone of any of the existing trees on site to be retained
      shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
      allow water that falls on this surface to penetrate to the trees root system. The pavement
      shall be constructed so as not to damage the tree or their root system and in this regard
      temporary fencing shall be provided around the trees during construction to help protect
      them.
      Plans shall be submitted to the Council for approval that clearly show the type and extent of
      the pervious pavement and the temporary fencing prior to obtaining a Development Permit
      for Operational Works.
Frontage Works
46.   Footpath improvements such as topsoiling, grassing, and tree planting are required to the
      Walter Hay Drive North frontage of the site in accordance with Planning Scheme Policy PSP1
      Landscaping Guidelines. Grass shall be couch, free of weeds.
47.   A new 2.5m wide concrete path shall be constructed along the Walter Hay Drive North
      frontage of the site from the pedestrian refuge north to the end of the property in accordance
      with Council’s design standards and to an alignment that protects any underground services.
48.   Pram ramps shall be installed at the intersection of the pathway with the new access in
      accordance with Council’s Standard Drawing 9006. Where the pathway desire line crosses
      splitter islands the path will be at road level.
49.   All pathways and pram ramps (internal and external) shall be designed and constructed to
      ensure pedestrian safety using non-slip materials and to produce an evenly graded surface
      finish.
50.   All redundant vehicular crossings to the site shall be removed and replaced by kerb &
      channel, footpath paving and landscaping such as trees and grasses in accordance with
      Council’s Standard specifications prior to commencement of the use permitted by this permit.
Pathway Contributions
51.   A pathway contribution of $49,774 towards external major pathways, in accordance with
      Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
      Council prior to obtaining a Development Permit for Operational Works. This amount will be
      subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until
      the date of payment.
Undergrounding Power
52.   The power supply both external and internal shall be underground. This work shall be at no
      cost to Council.
Stormwater Drainage
53.   All stormwater drainage from the site shall be collected on site and discharged generally in
      accordance with Plan - Drainage Design 0379 SK 05B dated October 2004 prepared by Greg
      Gibbs Architects, so there is no net increase in stormwater runoff from the site up to a Q100
      event. Plans of the drainage design shall be prepared by a Registered Professional Civil
      Engineer and submitted to Council prior to obtaining a Development Permit for Operational
      Works.


                                                                                      Page 7 of 16


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44.

45.

the applicant is required to clearly delineate areas of vegetation not to be removed on the
whole parcel, and submit a plan showing the areas of vegetation to be protected prior to the
commencement of any works on site.

A 15 metre vegetated strip is to be planted along the Walter Hay Drive North road frontage
of the site, comprising a densely vegetated drainage swale 10 metres in width and a further
5 metres of dense vegetation further within the development. To this end, vegetation is to
comprise remnant vegetation having a level of RL 3.5m (AHD) or higher and rehabilitated
vegetation comprising species endemic to the immediate area densely planted to provide a
complete visual screen to any development within proposed Lot 2.

Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement
shall be constructed so as not to damage the tree or their root system and in this regard
temporary fencing shall be provided around the trees during construction to help protect
them.

Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit
for Operational Works.

Frontage Works

46.

47.

48.

49.

50.

Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Walter Hay Drive North frontage of the site in accordance with Planning Scheme Policy PSP 1
Landscaping Guidelines. Grass shall be couch, free of weeds.

A new 2.5m wide concrete path shall be constructed along the Walter Hay Drive North
frontage of the site from the pedestrian refuge north to the end of the property in accordance
with Council’s design standards and to an alignment that protects any underground services.

Pram ramps shall be installed at the intersection of the pathway with the new access in
accordance with Council’s Standard Drawing 9006. Where the pathway desire line crosses
splitter islands the path will be at road level.

All pathways and pram ramps (internal and external) shall be designed and constructed to
ensure pedestrian safety using non-slip materials and to produce an evenly graded surface
finish.

All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this permit.

Pathway Contributions

51.

A pathway contribution of $49,774 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Operational Works. This amount will be
subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until
the date of payment.

Undergrounding Power

52.

The power supply both external and internal shall be underground. This work shall be at no
cost to Council.

Stormwater Drainage

53.

All stormwater drainage from the site shall be collected on site and discharged generally in
accordance with Plan - Drainage Design 0379 SK 05B dated October 2004 prepared by Greg
Gibbs Architects, so there is no net increase in stormwater runoff from the site up to a Q100
event. Plans of the drainage design shall be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for Operational
Works.

Page 7 of 16

Page 8

54.   Roof runoff from any new dwelling unit or apartment shall be directed to a rainwater storage
      system or tank (minimum storage 1400 litres per dwelling unit (villa) and 1000 litres per
      service or non-serviced apartment) that is plumbed to service the toilets in the new dwelling
      and landscaping areas. The design of the rainwater storage system shall be to the
      satisfaction of the Manager Plumbing Services.
55.   Overflows from rainwater tanks may be discharged into the gravel drains proposed.
56.   An approved maintenance plan for the treatment system shall be incorporated in the
      Management Scheme for the development and a copy of this shall be provided for Council’s
      records prior to commencement of the approved Use.
57.   All site stormwater drainage shall be by means of a gravity system.
Sewer and Water
58.   The site shall be connected to Council’s existing sewerage reticulation systems and be
      constructed in accordance with Council’s standards and requirements at no cost to Council.
59.   All internal water and sewerage reticulation to be designed and constructed in accordance
      with Noosa Shire Council Engineering Design Guidelines (PSP6).
60.   A concept plan detailing proposed internal water and sewer reticulation network is to be
      submitted for approval prior to preparation of Operational Works Drawings.
61.   An application for Operational Works, Water Supply and Sewerage detailing proposed
      internal water supply and sewerage reticulation works is to be lodged with Council in respect
      of the proposed development.
62.   After completion of internal water and sewerage reticulation, all works shall be considered
      as “private sewers and water mains” and responsibility for operation and maintenance shall
      be the property owners.
63.   The water connection to the water reticulation system shall extend to the property boundary
      and be metered.
64.   Fire hydrants are to be provided throughout the development in accordance with Council
      Engineering Design Standards and in accordance with Queensland Fire Service Standards.
65.   The existing sewer rising mains that is located in the adjoining road reserve at the north of
      the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured
      from the invert of the sewer main to the finished surface level) shall be accurately located
      and determined by a licensed Surveyor and shown on all plans submitted for Operational
      Works approval.
Service Easements
66.   If not already in place, a registered easement shall be created over any stormwater drainage
      systems within the site that collect stormwater from a Council road or convey stormwater
      from any adjoining property.
67.   The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing
      that the Title Deed and any easement documents will be lodged at the Land Titles Office and
      any additional Titles Office forms or requisitions requiring the consent of Council will be
      attended to promptly.
      A duly executed copy of the easement shall be submitted to Council for perusal prior to the
      use commencing.
      Any changes required by Council’s Solicitor must be corrected immediately.
Headworks Contributions
68.   Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
      and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
      Contributions respectively and at the rates applicable at the time of payment. An estimate
      only of the contribution rates under the current policies is outlined below. These amounts


                                                                                      Page 8 of 16


[OCR of page images]
54.

55.
56.

57.

Roof runoff from any new dwelling unit or apartment shall be directed to a rainwater storage
system or tank (minimum storage 1400 litres per dwelling unit (villa) and 1000 litres per
service or non-serviced apartment) that is plumbed to service the toilets in the new dwelling
and landscaping areas. The design of the rainwater storage system shall be to the
satisfaction of the Manager Plumbing Services.

Overflows from rainwater tanks may be discharged into the gravel drains proposed.

An approved maintenance plan for the treatment system shall be incorporated in the
Management Scheme for the development and a copy of this shall be provided for Council’s
records prior to commencement of the approved Use.

All site stormwater drainage shall be by means of a gravity system.

Sewer and Water

58.

59.

60.

61.

62.

63.

64.

65.

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.

All internal water and sewerage reticulation to be designed and constructed in accordance
with Noosa Shire Council Engineering Design Guidelines (PSP6).

A concept plan detailing proposed internal water and sewer reticulation network is to be
submitted for approval prior to preparation of Operational Works Drawings.

An application for Operational Works, Water Supply and Sewerage detailing proposed
internal water supply and sewerage reticulation works is to be lodged with Council in respect
of the proposed development.

After completion of internal water and sewerage reticulation, all works shall be considered
as “private sewers and water mains” and responsibility for operation and maintenance shall
be the property owners.

The water connection to the water reticulation system shall extend to the property boundary
and be metered.

Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.

The existing sewer rising mains that is located in the adjoining road reserve at the north of
the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured
from the invert of the sewer main to the finished surface level) shall be accurately located
and determined by a licensed Surveyor and shown on all plans submitted for Operational
Works approval.

Service Easements

66.

67.

If not already in place, a registered easement shall be created over any stormwater drainage
systems within the site that collect stormwater from a Council road or convey stormwater
from any adjoining property.

The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing
that the Title Deed and any easement documents will be lodged at the Land Titles Office and
any additional Titles Office forms or requisitions requiring the consent of Council will be
attended to promptly.

A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.

Any changes required by Council’s Solicitor must be corrected immediately.

Headworks Contributions

68.

Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates under the current policies is outlined below. These amounts

Page 8 of 16

Page 9

      will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
      June 2005 until the date of payment.

       Water Supply      $419,854

       Sewerage          $258,718

       TOTAL             $678,572

      All headworks contributions must be paid prior to the issue of a Development Permit for
      Operational Works.
      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
      headworks contributions not be paid at the due time, Council shall call upon the trading bank
      guarantee in full.
      In the event that the Development Permit for Material Change of Use of Premises lapses or
      is cancelled, the contribution or trading bank guarantee will be returned.
Earthworks
69.   Fill shall be compacted to the requirements of AS3798-1996 ‘Guidelines on Earthworks for
      Commercial and Residential Developments’. Any existing fill that does not meet the
      requirements of this standard shall be removed prior to additional filling or building works
      commencing.
70.   A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
      determine the soil classification and make recommendations on the type of foundation
      system(s) best suited for the proposed development. This information shall be submitted to
      the Council for assessment and approval prior to obtaining a Development Permit for
      Operational Works.
Erosion and Sediment Control
71.   Any person acting on this permit shall prevent erosion and sediment export from leaving the
      site. Site control measures such as silt fencing, controlled gravel access to the site and
      controlled disposal of waste, will be necessary. In this regard plans detailing the methods of
      controlling erosion and sediment are required to be submitted to the Council for approval
      prior to obtaining a Development Permit for Operational Works.
General
72.   Prior to works commencing contractors shall submit a Traffic Management Plan showing
      measures to be put in place during construction for approval by Council’s Works Directorate.
73.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings
      and specifications for all engineering works that will become Council infrastructure, which
      shall be submitted in conjunction with an application for a Development Permit for
      Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
      cadastre layout is to be submitted in conjunction with any application for Operational Works.
74.   Digital detailed design drawings and calculations shall be submitted with any application for
      a Development Permit for Operational Works in respect of roadworks and stormwater
      drainage works. To avoid conflict with underground pipes or services, all existing and
      proposed services required by the development shall be shown on the plans.
75.   To facilitate production of As Constructed drawings it is suggested that all design drawings
      are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
      the use of ADAC are available at www.adac.com.au).
76.   Any damage caused to any public utility during the course of construction shall be repaired
      to Council’s standards and at no cost to Council. Particular care shall be exercised when
      working near the rising main in the road reserve to the north of the site.



                                                                                      Page 9 of 16


[OCR of page images]
will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
June 2005 until the date of payment.

Water Supply $419,854

Sewerage $258,718

TOTAL $678,572

All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.

Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.

In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.

Earthworks

69.

70.

Fill shall be compacted to the requirements of AS3798-1996 ‘Guidelines on Earthworks for
Commercial and Residential Developments’. Any existing fill that does not meet the
requirements of this standard shall be removed prior to additional filling or building works
commencing.

A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification and make recommendations on the type of foundation
system(s) best suited for the proposed development. This information shall be submitted to
the Council for assessment and approval prior to obtaining a Development Permit for
Operational Works.

Erosion and Sediment Control

71.

Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary. In this regard plans detailing the methods of
controlling erosion and sediment are required to be submitted to the Council for approval
prior to obtaining a Development Permit for Operational Works.

General

72.

73.

74,

75.

76.

Prior to works commencing contractors shall submit a Traffic Management Plan showing
measures to be put in place during construction for approval by Council’s Works Directorate.

A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works that will become Council infrastructure, which
shall be submitted in conjunction with an application for a Development Permit for
Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
cadastre layout is to be submitted in conjunction with any application for Operational Works.

Digital detailed design drawings and calculations shall be submitted with any application for
a Development Permit for Operational Works in respect of roadworks and stormwater
drainage works. To avoid conflict with underground pipes or services, all existing and
proposed services required by the development shall be shown on the plans.

To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).

Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council. Particular care shall be exercised when
working near the rising main in the road reserve to the north of the site.

Page 9 of 16

Page 10

77.   Any alteration of any public utility or other facilities necessitated by the development of the
      land or associated construction works external to the site shall be at no cost to Council.
78.   As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
      for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level
      and type of all services and structures. All of which shall be submitted to Council for checking
      and for Council’s records.
79.   The data must fully detail levels for all engineering works including but not limited to drainage
      structures, finished ground levels and pavement surface levels. The data shall be submitted
      in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
      ADAC are available at www.adac.com.au).
80.   Approval of works shall not be granted until all As Constructed information has been supplied
      and accepted by Council.
Environmental Health
81.   The developer must provide waste storage and disposal facilities in accordance with
      Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and
      Industrial Premises”, including an external imperviously paved area correctly sized for all
      refuse and recycling containers and suitably screened from public places and neighbouring
      properties. A roofed wash down area is required with a cold-water tap, hose and drain outlet
      connected to sewer.
82.   Refuse containers must be provided in accordance with the requirements of the
      Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
      Regulation 2000, for the storage and collection of refuse.
83.   A clinical waste service provided by a licensed clinical waste contractor must be provided for
      the activities.
84.   The development must allow refuse-loading areas to be located off street. All vehicles
      associated with the collection of waste/recyclables, shall enter and leave the site in a forward
      direction.
85.   A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
      “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
      submitted for the day-to-day operation of the complex and approved by Council’s
      Environmental Health Section prior to issue of development permit for operational works.
      The Plan shall include the following information: -
      85.1 The types of waste that will be generated from the activities approved within the
           development.
      85.2 Estimated volumes or tonnage of recyclables within the generated waste stream
      85.3 Estimated volumes or tonnage of waste generated from the activities.
      85.4 Methods to be used for dealing with garden waste.
      85.5 Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
      85.6 Description of procedures involving disposing of refuse to bins; the storage of bins and
           the collection of bins by the contractor and who is responsible for each transfer of the
           waste.
      85.7 A description of the design details of waste storage and recycling areas including size,
           location, elevation and floor plan, methods of bin washing and of prevention of storm
           water contamination.
      85.8 A description of types and volume of waste storage containers to be used.
      85.9 The waste and recycling storage area shall include the provision of containers for all
           waste and recycling materials including putresable matter, non-recycling waste, paper
           and cardboard, glass, aluminium and steel cans, waste oil, styrofoam boxes, etc, and
           bin washing facilities.


                                                                                       Page 10 of 16


[OCR of page images]
77.

78.

79.

80.

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.

As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level
and type of all services and structures. All of which shall be submitted to Council for checking
and for Council’s records.

The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).

Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.

Environmental Health

81.

82.

83.

84.

85.

The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”, including an external imperviously paved area correctly sized for all
refuse and recycling containers and suitably screened from public places and neighbouring
properties. A roofed wash down area is required with a cold-water tap, hose and drain outlet
connected to sewer.

Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.

A clinical waste service provided by a licensed clinical waste contractor must be provided for
the activities.

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.

A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
“Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be
submitted for the day-to-day operation of the complex and approved by Council's
Environmental Health Section prior to issue of development permit for operational works.
The Plan shall include the following information: -

85.1 The types of waste that will be generated from the activities approved within the
development.

85.2 Estimated volumes or tonnage of recyclables within the generated waste stream

85.3 Estimated volumes or tonnage of waste generated from the activities.

85.4 Methods to be used for dealing with garden waste.

85.5 Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.

85.6 Description of procedures involving disposing of refuse to bins; the storage of bins and
the collection of bins by the contractor and who is responsible for each transfer of the
waste.

85.7 A description of the design details of waste storage and recycling areas including size,
location, elevation and floor plan, methods of bin washing and of prevention of storm
water contamination.

85.8 A description of types and volume of waste storage containers to be used.

85.9 The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste, paper
and cardboard, glass, aluminium and steel cans, waste oil, styrofoam boxes, etc, and
bin washing facilities.

Page 10 of 16

Page 11

      85.10 A detailed description of vehicular access to collect waste. Where collection is off
           street, access must allow vehicles to enter and leave the site in a forward direction.
86.   A Waste Management Plan (Demolition/Construction) in accordance with Planning Scheme
      Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall
      be submitted for the demolition and construction phases of the development and approved
      by Council’s Environmental Health Section prior to the issue of the development permit for
      operational works. The Plan shall contain the following information:


        MATERIALS ON-SITE               DESTINATION

                                        Re-use and Recycling            Disposal

        Expected waste Estimated On-site                    Off-site         *specify
        materials      volume    *specify                   *specify         contractor and
                       (m³)      proposed re-use            contractor and landfill site
                                 or        on-site          recycling outlet
                                 recycling
                                 methods

        Excavation
        material

        Green waste

        Bricks

        Concrete

        Timber-please
        specify

        Plasterboard

        Metals - please
        specify

        Asbestos

        Other - please
        specify

      Note: Details of site area to be used for onsite separation, treatment and storage (including
      weather protection) shall be provided on the plan drawings accompanying your application.
87.   Noise emission from swimming pool and spa equipment (including heating equipment) shall
      comply with the following requirements:
      87.1. The equipment shall be installed and located in a manner that prevents excessive noise
            in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
            Notices (on-the-spot fines) may apply for offences.
      87.2. A person must not use equipment on any day if it makes or causes noise to be made
            –
           87.2.1. From 10pm to 7am: Which is audible outside the most exposed part of an
                   affected building
           87.2.2. From 7am to 7pm: More than the lower of either –



                                                                                    Page 11 of 16


[OCR of page images]
86.

87.

85.10 A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.

A Waste Management Plan (Demolition/Construction) in accordance with Planning Scheme
Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall
be submitted for the demolition and construction phases of the development and approved
by Council’s Environmental Health Section prior to the issue of the development permit for
operational works. The Plan shall contain the following information:

 

 

 

 

 

MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste | Estimated | On-site Off-site *specify
materials volume “specify *specify contractor and
(m) proposed re-use | contractor and | landfill site
or on-site | recycling outlet
recycling
methods
Excavation
material

 

Green waste

 

Bricks

 

Concrete

 

Timber-please
specify

 

Plasterboard

 

Metals - please
specify

 

Asbestos

 

Other - please
specify

 

 

 

 

 

 

 

Note: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.

Noise emission from swimming pool and spa equipment (including heating equipment) shall
comply with the following requirements:

87.1. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.

87.2. A person must not use equipment on any day if it makes or causes noise to be made

87.2.1. From 10pm to 7am: Which is audible outside the most exposed part of an
affected building

87.2.2. From 7am to 7pm: More than the lower of either —

Page 11 of 16

Page 12

                     •     50 dB(A)
                     •     5 dB(A) above the background noise level
            From 7pm to 10pm: More than 3 dB(A) above the background noise level.
88.   Noise emission from air conditioning equipment shall comply with the following requirements:
      88.1. The equipment shall be installed and located in a manner that prevents excessive noise
            in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
            Notices (on-the-spot fines) may apply for offences.
      88.2. Submission of written certification from a suitably qualified person confirming that the
            noise levels comply when measured at either the residential boundary or outside the
            most exposed part of an affected building, whichever is the closest to the equipment.
            This is required immediately after installation of the equipment and prior to any
            occupation of the building, and in a format approved by Council.
      88.3. A person must not use equipment on any day if it makes or causes noise to be made
            –
            88.3.1. From 10pm to 7am: More than the lower of either –
                     •     40 dB(A)
                     •     3 dB(A) above the background noise level
            88.3.2. From 7am to 7pm: More than the lower of either –
                     •     50 dB(A)
                     •     5 dB(A) above the background noise level
            88.3.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
89.   Noise from building works associated with residential development shall comply with the
      following –
      89.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
      89.2. All reasonable measures are taken to minimise noise emissions.
      89.3. Not permitted on Sunday or public holidays.
90.   A lighting assessment prepared by a professional Lighting Consultant that addresses the
      proposed levels of illuminance to the external environment to prevent glare and other light
      nuisance to both on site occupants and sites beyond the boundaries, is to be submitted prior
      to the issue of the development permit for operational works. The report is to include lighting
      for roads, access paths, security, bowling green, swimming pool, and Community Centre and
      show compliance with Australian Standards AS-1158 - Lighting for Roads and AS 4282 -
      Control of Obtrusive Effects of Outdoor Lighting.
91.   All refrigeration plant including motors, should be situated within the building or suitably
      provided with noise reduction measures and located as to prevent a noise nuisance in
      accordance with the nuisance provisions of the Environmental Protection Regulation 1998.
      On the spot fines apply for such offences
92.   Liquid waste generated by industry, small business and commercial enterprises is referred
      to as Trade Waste and shall comply with the following:
      92.1. A Trade Waste Permit shall be obtained prior to the discharge of trade waste to
            Council’s sewerage system.
      92.2. All trade waste requirements complying with Council’s Trade Waste Policy and
            including pre-treatment devices, must be shown on hydraulic plans submitted to
            Council for approval prior to issuing the development permit for building work.
      92.3. Vehicular access shall be provided to each grease arrestor and/or pre-treatment device
            for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and



                                                                                      Page 12 of 16


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88.

89.

90.

91.

92.

° 50 dB(A)
. 5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Noise emission from air conditioning equipment shall comply with the following requirements:

88.1. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.

88.2. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at either the residential boundary or outside the
most exposed part of an affected building, whichever is the closest to the equipment.
This is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council.

88.3. A person must not use equipment on any day if it makes or causes noise to be made

88.3.1. From 10pm to 7am: More than the lower of either —

. 40 dB(A)
. 3 dB(A) above the background noise level

88.3.2. From 7am to 7pm: More than the lower of either —

. 50 dB(A)
. 5 dB(A) above the background noise level

88.3.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.

Noise from building works associated with residential development shall comply with the
following —

89.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
89.2. All reasonable measures are taken to minimise noise emissions.
89.3. Not permitted on Sunday or public holidays.

A lighting assessment prepared by a professional Lighting Consultant that addresses the
proposed levels of illuminance to the external environment to prevent glare and other light
nuisance to both on site occupants and sites beyond the boundaries, is to be submitted prior
to the issue of the development permit for operational works. The report is to include lighting
for roads, access paths, security, bowling green, swimming pool, and Community Centre and
show compliance with Australian Standards AS-1158 - Lighting for Roads and AS 4282 -
Control of Obtrusive Effects of Outdoor Lighting.

All refrigeration plant including motors, should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance in
accordance with the nuisance provisions of the Environmental Protection Regulation 1998.
On the spot fines apply for such offences

Liquid waste generated by industry, small business and commercial enterprises is referred
to as Trade Waste and shall comply with the following:

92.1. A Trade Waste Permit shall be obtained prior to the discharge of trade waste to
Council's sewerage system.

92.2. All trade waste requirements complying with Council’s Trade Waste Policy and
including pre-treatment devices, must be shown on hydraulic plans submitted to
Council for approval prior to issuing the development permit for building work.

92.3. Vehicular access shall be provided to each grease arrestor and/or pre-treatment device
for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and

Page 12 of 16

Page 13

           leave the site in a forward direction. Where access is restricted, a pump out line to an
           approved location is required.
     92.4. Trade waste requirements must be in place, inspected and approved prior to
           commencement of trading or operation.
           Bin wash down areas exceeding 600mm square shall be roofed with the floor falling to
           a bucket trap waste gully, before entering Councils sewerage system. Council’s Trade
           Waste Officer to meet with developer to discuss future uses of the premises.
5.   REFERRAL AGENCIES

Not Applicable
6.   ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.   Approval of this development application will trigger an Infrastructure Charge in accordance
     with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount
     of $115,109. This amount will subject to variations in the Consumer Price Index, All Groups
     Brisbane from June 2005 until the date of payment. An Infrastructure Charge Notice will be
     issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
2.   Payment via credit card transaction will not be an acceptable method of payment for
     development contributions conditioned in this permit or for infrastructure charge notices
     issued separately.
3.   We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
     responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of
     disabled access and the provision of disabled facilities, and that access to this building and
     the provision of sanitary facilities may need to comply with the requirements of Section D
     Part D3 and Section F Clause F2.4 of the Building Code of Australia.
4.   Referral to Queensland Fire & Rescue Authority would be required at the Building Application
     stage.
5.   Where any food premises is to be included in the development, the following is required:
     5.1 Plans and an application should be made to Council’s Environmental Health
         Section for approval prior to any building approval, fitting out or use of the
         premises.
     5.2 Construction and use of the food premises should comply with Council’s Food
         Premises Policy and the Food Safety Standards.
     5.3 Toilets for customers and staff should be provided in accordance with the
         Building Code of Australia. Obtain advice from a building certifier.
     5.4 Plans and approval is required for any mechanical exhaust ventilation system
         which should comply with AS1668. A certificate is required from the installer
         certifying the system complies with the Standard.
     5.5 Licence and registration is required for any food premises listed in Schedule 1,
         Food Hygiene Regulation 1989, prior to use of those premises.
     5.6 A detailed statement indicating the purpose of the food premises, type of food
         sold, proposed menu and number of persons served, is to accompany the plans
         approval application.
6.   The operator of any beauty treatment and/or hairdressing business should comply with the
     Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances
     Services) Act 2003.
7.   The development should be undertaken and operated in a manner that causes no detrimental
     effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,



                                                                                     Page 13 of 16


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5.

leave the site in a forward direction. Where access is restricted, a pump out line to an
approved location is required.

92.4. Trade waste requirements must be in place, inspected and approved prior to
commencement of trading or operation.

Bin wash down areas exceeding 600mm square shall be roofed with the floor falling to
a bucket trap waste gully, before entering Councils sewerage system. Council’s Trade
Waste Officer to meet with developer to discuss future uses of the premises.

REFERRAL AGENCIES

Not Applicable

6.

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

1.

Approval of this development application will trigger an Infrastructure Charge in accordance
with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount
of $115,109. This amount will subject to variations in the Consumer Price Index, All Groups
Brisbane from June 2005 until the date of payment. An Infrastructure Charge Notice will be
issued in accordance with Chapter 5 of the Integrated Planning Act 1997.

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.

We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and Section F Clause F2.4 of the Building Code of Australia.

Referral to Queensland Fire & Rescue Authority would be required at the Building Application
stage.

Where any food premises is to be included in the development, the following is required:

5.1. Plans and an application should be made to Council’s Environmental Health
Section for approval prior to any building approval, fitting out or use of the
premises.

5.2 Construction and use of the food premises should comply with Council’s Food
Premises Policy and the Food Safety Standards.

5.3 Toilets for customers and staff should be provided in accordance with the
Building Code of Australia. Obtain advice from a building certifier.

5.4 Plans and approval is required for any mechanical exhaust ventilation system
which should comply with AS1668. A certificate is required from the installer
certifying the system complies with the Standard.

5.5 Licence and registration is required for any food premises listed in Schedule 1,
Food Hygiene Regulation 1989, prior to use of those premises.

5.6 A detailed statement indicating the purpose of the food premises, type of food
sold, proposed menu and number of persons served, is to accompany the plans
approval application.

The operator of any beauty treatment and/or hairdressing business should comply with the
Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances
Services) Act 2003.

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,

Page 13 of 16

Page 14

        lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
        other emissions in accordance with the nuisance provisions of the Environmental Protection
        Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
8.      In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
        paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
        placed where it could reasonably be expected to move into a roadside gutter, storm water
        drain or a watercourse. On the spot fines apply for such offences.
9.      The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
        making noise from:-
              Monday to Saturday, before 7:00am or after 6:30pm
              Sunday or public holiday, at any time.
              A maximum penalty of $1,500 applies to an offence under these provisions.
10.     Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
        if the cost of operational works exceeds $80,000, then a portable long service levy is required
        to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the
        approved form issued by the Building and Construction Industry (Portable Long Service
        Leave) Authority that confirms that the requirements of the Act have been satisfied. A
        statutory declaration outlining the cost of the operational works must be submitted to Council
        with the lodgement of any application for operational works over the site.
Infrastructure Charges
11.     This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be
        issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
        legislation and regulations current at the time of issue.
Aboriginal Cultural Heritage Act 2003
12.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
        approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
        The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
        carries out an activity must take all reasonable and practicable measures to ensure the
        activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
        duty of care. Substantial monetary penalties may apply to individuals or corporations
        breaching this duty of care. Injunctions may also be issued by the Land and Resources
        Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
        that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
        of Aboriginal cultural heritage.
      You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under
      the ACH Act.
7.      PROPERTY NOTES

Not Applicable
8.      VARIATION APPROVAL DETAILS

Not Applicable
9.      FURTHER DEVELOPMENT PERMITS REQUIRED

     Type of Development Permit                  Subject of the required Development Permit
     required

     Development Permit for Building works       All Building Works




                                                                                         Page 14 of 16


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10.

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.

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.

The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
making noise from:-

Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.

Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
if the cost of operational works exceeds $80,000, then a portable long service levy is required
to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the
approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A
statutory declaration outlining the cost of the operational works must be submitted to Council
with the lodgement of any application for operational works over the site.

Infrastructure Charges

11.

This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be
issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue.

Aboriginal Cultural Heritage Act 2003

12.

7.

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.

You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under
the ACH Act.

PROPERTY NOTES

Not Applicable

8.

VARIATION APPROVAL DETAILS

Not Applicable

9. | FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required

Development Permit for Building works — All Building Works

Page 14 of 16

Page 15

      Development Permit for Operational                      Landscaping, car parking, access, site civil works,
      Works                                                   stormwater drainage, frontage works, sewer
                                                              reticulation (including new mains, relocations,
                                                              diversions, pump stations and rising mains), water
                                                              reticulation, site earthworks.

10.      SUBMISSIONS

Not Applicable
11.      RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12.      OTHER DETAILS

If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,




Cameron Smith
Development Planner

Enc:     Referral Agency Response
         Appeal Rights
         Infrastructure Charge Notice
         Approved Plans/Documents
cc.      Unitywater



DECISION NOTICE HISTORY
•     Original Decision Notice – 22 September 2005.
•     Negotiated Decision Notice – 15 December 2005 Change to
      conditions 2, 5, 12, 16, 20, 29, 47, 53 & 54; delete condition 4:
      refuse to change conditions 15, 58, 59

•     Decision Notice - Minor 132004.5744.004 – 28 January 2016 –
      Amend condition 1

•     Decision Notice – Minor – 132004.5744.09 – 30 August 2017 –
      Amend conditions 1, 8 & 38

•     Decision Notice – 132004.5744.11 – 23 February 2021; amend
      condition 1 & 38

•     Decision Notice – 132004.5744.12 – 28 June 2024, amend
      condition 1,




                                                                                                     Page 15 of 16


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Development Permit for Operational Landscaping, car parking, access, site civil works,

Works stormwater drainage, frontage works, sewer
reticulation (including new mains, relocations,
diversions, pump stations and rising mains), water
reticulation, site earthworks.

10. SUBMISSIONS
Not Applicable
11. RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.

12. OTHER DETAILS

If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qid.gov.au or at Council Offices.

Yours faithfully,

Cmte

Cameron Smith
Development Planner

Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc. Unitywater

DECISION NOTICE HISTORY
¢ Original Decision Notice — 22 September 2005.

e Negotiated Decision Notice — 15 December 2005 Change to
conditions 2, 5, 12, 16, 20, 29, 47, 53 & 54; delete condition 4:
refuse to change conditions 15, 58, 59

e Decision Notice - Minor 132004.5744.004 — 28 January 2016 —
Amend condition 1

e Decision Notice — Minor — 132004.5744.09 — 30 August 2017 —
Amend conditions 1, 8 & 38

e Decision Notice — 132004.5744.11 — 23 February 2021; amend
condition 1 & 38

e Decision Notice — 132004.5744.12 — 28 June 2024, amend
condition 1,

Page 15 of 16

Page 16

                                                               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.




                                                                                                                                  Page 16 of 16


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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.

An appellant may start an appeal within the appeal period.
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.

Each respondent and co-respondent for an appeal may be heard
in the appeal.

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.

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)

(2)

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.

The notice of appeal must be accompanied by the required fee.

(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 —

(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)

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 1991 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) apurported 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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