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Decision Notice - Minor Change - Council Meeting Decision - 132001 210127 3 [As Published]

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                                                                                 Officer:            Tara Norley
                                                                                 Direct Telephone:   07 5329 6486
                                                                                 Our Reference:      132001.210127.3
                                                                                 Your Reference:     7190526

               27 July 2023


               OZCARE
               C/- Ethos Urban
               GPO Box 1268
               BRISBANE QLD 4000
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 20 December 2022, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              132001.210127.3

                   Street address:              100 Cooyar Street, Noosa Heads

                   Real property description:   Lot 9 RP 225312

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 28 June 2001.
               •       Development Permit for a Material Change of Use - Residential Care Facility (130 beds)
               In relation to the request to make a minor change to the existing approval, Council on 20 July 2023,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend the development description.
               C.      Amend conditions 15 and 26.
               D.      Delete conditions 1, 2, 23, 27 and 28.
               E.      Include additional conditions 45 to 77.
               F.      Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in respect of
                       construction of access track crossing, maintenance of vegetation buffer one and access track
                       (including crossing) for the Girraween Nature Refuge and the Residential Care Facility.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.

               ABN 97.969.214.121                                                               PO Box 141
               noosa.qld.gov.au                                                          Tewantin QLD 4565
               [email protected]                                                          07 5329 6500
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               4.     ASSESSMENT MANAGER CONDITIONS

                      Land Development
               1.     Deleted.
               2.     Deleted.
               3.     Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining
                      properties to the reasonable satisfaction of the Manager of Land Development. Details of the
                      stormwater drainage scheme shall be submitted in conjunction with a Development Permit
                      for Operational Works.
               4.     Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
                      and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
                      Contributions respectively and at the rates applicable at the time of payment. An estimate
                      only of the contribution rates under the current policies is outlined below. These amounts
                      will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
                      September 2005 until the date of payment.
                      Stage 3 – March 2001

                        Water Supply     $38,712

                        Sewerage         $19,561

                        TOTAL            $58,273

                      Stage 4 – September 2005

                        Water Supply     $63,237

                        Sewerage         $32,577

                        TOTAL            $95,814

                      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.
               5.     Deleted.
               6.     The new building extensions shall be connected to Council's existing water supply and
                      sewerage reticulation systems in accordance with Council’s standards and requirements and
                      at no cost to Council.
               7.     To protect the environment against siltation/sediment export or soil erosion as a result of the
                      proposed building extensions, an erosion and sediment control plan shall be submitted in
                      conjunction with any Development Permit for Building Works. Site control measures such
                      as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be
                      necessary. Prior to commencement of Building Works:-
                      7.1. all physical site control measures shall be installed and the plan adhered to, and
                      7.2. a $2,000 site control bond shall be lodged with Council to ensure compliance with this
                           condition.




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                      The $2,000 bond will be refunded less any costs incurred by Council in ensuring compliance
                      with this condition or any additional inspections incurred for substandard work or works
                      undertaken not in accordance with this permit.

                      Building
               8.     The plans submitted for a Development Permit for building works are to comply with the
                      approved plans
               9.     The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
                      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
                      building site in a way that makes or causes audible noise to be made from the building work:-
                      9.1. On a Sunday or public holiday, at any time; or
                      9.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
                      A maximum penalty of $1,500 applies to an offence under this legislation.
               10.    We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
                      responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
                      disabled access and the provision of disabled facilities, and that access to this building and
                      the provision of sanitary facilities may need to comply with the requirements of Section D
                      Part D3 and Section F Clause F2.4 of the Building Code of Australia.
               11.    An identification survey of the subject site is to be carried out by a Licensed Surveyor and is
                      to be submitted to Council at the time of foundation inspection or immediately thereafter.
                      Such survey shall set out the boundaries of the site and the position of the buildings on the
                      site.
               12.    The developer must provide a suitably screened imperviously paved area large enough for
                      all refuse and recycling containers. A wash down area is required with a cold-water tap,
                      hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
                      stormwater entry to the sewerage system.
               13.    Air conditioning units shall be located in a manner which prevents noise nuisance beyond
                      the subject land in accordance with the nuisance provisions of the Environmental Protection
                      Regulation 1998. On the spot fines apply for such offences.
               14.    All food preparation is to be conducted within the existing approved commercial kitchen.
                      Land Use
               15.    Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered SK-06, 07 issue B SK-8
                      & 9 Issue A dated 26/01/2000, SD1 (titled ‘Site Plan’), SD2, SD3, dated July 2005, SD4 dated
                      May 2005 and DA-1 dated September 2005, unless otherwise superseded by Condition 46
                      of this approval.
               16.    The open space and setback areas are to be landscaped in accordance with Council’s Policy
                      on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
                      be completed prior to the premises being occupied and maintained at all times thereafter.
               17.    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.
               18.    Any advertising sign or device is to comply with the provisions of Council's policies on
                      advertising.
               19.    This Development Permit for a material change of use of premises lapses if the use has not
                      happened by 7 December 2009, unless an application to extend the currency is approved by
                      Council.
               20.    The developer must obtain all of the other Development Permits referred to in the Decision
                      Notice, prior to obtaining a Development Permit for building works.



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               Additional Conditions 7 December 2005
               21.    Bus parking shall be provided on site for a minimum of 2 buses.
               22.    Though no upgrading works/construction is required to the existing access off Cooyar Street,
                      the existing vegetation adjacent to the access shall be pruned to improve driver sight lines
                      to both vehicles and pedestrians travelling in Cooyar Street and along the footpath. The
                      Australian Standard for Off-Street Car Parking (AS2890.1) shall be used as a guide as with
                      Austroads Guide to Traffic Engineering Practice Part 5 Intersections at Grade.
                      Plans submitted for Operational Works approval shall clearly show the required sight lines
                      and the extent of vegetation pruning required to achieve compliance.
                      Given the importance of maintaining clear sight lines, the applicant shall also submit a
                      management plan that demonstrates how these sight lines will be maintained for the long
                      term.
               23.    Deleted.
               24.    All vehicles shall enter and leave the site in a forward direction.
               Service Areas (Service Yard)
               25.    The proposed service yard (refuse collection area) is inadequately sized to accommodate
                      the necessary refuse storage and the area required for a refuse collection vehicle to
                      manoeuvre. As such, the applicant shall prepare detailed designs of the service yard
                      demonstrating the refuse storage area and that the Council refuse vehicle has adequate
                      room to collect the refuse and carry out a 3-point turn in order to enter and leave the area in
                      forward gear.
               26.    To enable efficient use of delivery spaces appropriate signage shall be installed to limit
                      delivery parking to a maximum time of 30 minutes.
               27.    Deleted.
               Carparking
               28.    Deleted.
               29.    The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
                      user class 2 with allowance for vehicles to enter and leave the site in a forward gear.
               30.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
               Vegetation Protection & Preservation
               31.    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.
               Park Contributions
               32.    A Park contribution of $5,289 towards the acquisition of additional parkland or the
                      improvement of existing parkland and facilities in the locality shall be paid to the Council prior
                      to obtaining a Development Permit for Operational Works in accordance with Council’s
                      Planning Scheme Policy PSP24 Park Requirements for Development Applications. This
                      amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
                      September 2005 until the date of payment.




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               Pathway Contributions
               33.    A pathway contribution of $5,343 towards external major pathways, in accordance with
                      Planning Scheme Policy PSP41 Pathway Trunk Network 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 September
                      2005 until the date of payment.
               Stormwater Drainage
               34.    All stormwater drainage shall be collected on site and discharged so there is no net increase
                      in stormwater runoff from the site.
               35.    Roof runoff from any new buildings shall be directed to a rainwater storage system or tank
                      (minimum storage capacity equivalent to 20 litres/m2 of new roof area or greater) that is
                      plumbed to service the toilets in the new building and landscaping areas. The design of the
                      rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
               36.    To ensure that polluted run-off does not enter Council’s stormwater drainage system or
                      nearby creeks, stormwater run-off from the carparking areas and the driveways shall have
                      the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor
                      provided on site prior to being permitted to discharge from the site.
                      All other clean stormwater, such as roof water, can bypass the grease/oil arrestor.
                      To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
                      arrestors, which shall be submitted to the Council for approval prior to obtaining a
                      Development Permit for Operational Works.
                      The approved maintenance plan shall be incorporated in the Management Plan for the
                      development and a copy of this shall be provided for Council’s records prior to
                      commencement of the approved Use.
                      A Development Permit for Building Works shall not be granted until a Development Permit
                      for Operational Works has been issued in regard to the drainage scheme.
               37.    All site stormwater drainage shall be by means of a gravity system.
               Sewer Mains
               38.    The existing sewer main that traverses the site and the ‘zone of influence’ (taken as the area
                      within a 45-degree angle measured from the invert of the sewer main to the finished surface
                      level) shall be accurately located and determined by a licensed Surveyor and shown on all
                      plans submitted for Operational Works approval.
                      To ensure Council’s sewer main is accessible for maintenance purposes and is protected
                      from risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
                      retaining walls, raised terraces, etc) shall be constructed within this ‘zone of influence’ and
                      as such the applicant shall amend Operational Works plans including Building plans to
                      ensure compliance.
               Town Water Supply
               39.    The new building and extensions shall be connected to Council’s existing town water supply
                      and be constructed in accordance with Council’s standards and requirements at no cost to
                      Council.
               Earthworks
               40.    Any filling works required on site shall be carried out in accordance with Section 3.8 of
                      Council’s Engineering Design Standards Manual and so as not to cause the additional
                      ponding of water on any adjoining lands or the blockage of, or interference with, any natural
                      watercourses.




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               Erosion and Sediment Control
               41.    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
               42.    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.
               43.    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.
               44.    The transportation of all materials to and from the site shall be undertaken in a manner such
                      that no particle matter escapes onto a public road. All vehicles carrying materials either to
                      or from the site shall be covered to prevent materials including dust being windblown from
                      the vehicle.
               Additional Conditions – 20 July 2023 (132001.210127.3)
                      When Conditions must be Complied With
               45.    Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Approved Plans
               46.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below and in conjunction with Condition 15 of this
                      approval.

                        Plan No.         Rev. Plan/Document Name                                       Date

                        1907NOO_         J     Proposed Site      Plan,   prepared    by   Enrich      19/06/2023
                                               Architecture
                        PD_A_002.0

                        1907NOO_         F     Proposed Overall Ground Floor Plan, prepared by         19/06/2023
                                               Enrich Architecture
                        PD_A_003.1

                        1907NOO_         F     Proposed Ground Floor Plan, prepared by Enrich          19/06/2023
                                               Architecture
                        PD_A_011

                        1907NOO_         F     Proposed First Floor Plan, prepared by Enrich           19/06/2023
                                               Architecture
                        PD_A_012

                        1907NOO_         A     Proposed Acacia Wing Refurb., prepared by               19/06/2023
                                               Enrich Architecture
                        PD_A_014

                        1907NOO_         F     Site Sections and Elevations, prepared by Enrich        19/06/2023
                                               Architecture
                        PD_A_250

                        1907NOO_         E     Banksia Wing Elevations, prepared by Enrich             19/06/2023
                                               Architecture
                        PD_A_310




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                        1907NOO_         E     Administration & Communal Area Elevations,              19/06/2023
                                               prepared by Enrich Architecture
                        PD_A_311

                        1907NOO_         G     Tree Removal       Plan,   prepared    by    Enrich     19/06/2023
                                               Architecture
                        PD_A_001.2

                        01737 LC_01      B     Landscape Site Plan,        prepared    by    View      March 2023
                                               Landscape Architecture

                        01737 LC_02      B     Landscape Concept Plan, prepared by View                March 2023
                                               Landscape Architecture

                        01737 LC_03      B     Landscape Detailed Concept Plan, prepared by            March 2023
                                               View Landscape Architecture

                        01737 LC_04      B     Suggested Planting Character, prepared by View          March 2023
                                               Landscape Architecture

                      Building Height
               47.    The maximum height of the development must not exceed 9 metres above the ground level
                      for the roof of the Banksia building only, in accordance with the approved plans. All other
                      buildings in the development must not exceed 8 metres in height above the ground level
               48.    Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the buildings do not exceed the maximum height requirement of this Decision
                      Notice.
                      Nature and Extent of Approved Use
               49.    The total number of persons residing on the premises at any one time must not exceed 130.
                      Performance Bond
               50.    Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
                      be submitted to Council, 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 to effect compliance with conditions.
                      Water & Sewer Connections
               51.    An underground connection to reticulated water and sewerage must be provided to the
                      premises in accordance with the standards and requirements of Northern SEQ Distributor–
                      Retailer Authority (Unitywater).
               52.    A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
                      must be submitted to Council that certifies an underground connection to reticulated water
                      and sewerage has been provided to the premises.
                      ENGINEERING
                      Site Specific Conditions
               53.    The use of the existing fire trail located on Council land (Lot 1 SP239726) for purposes other
                      than maintenance and for emergency services (eg temporary access for construction
                      purposes) must be administered through an Access Permit by Council’s Parks and Gardens
                      department.




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               54.    The emergency vehicle access located on Council land (Lot 1 SP239726) must be
                      constructed and maintained in accordance with the ‘Infrastructure Deed in Respect of
                      Construction of Access Track Crossing, Maintenance of Vegetation Buffer Zone And Access
                      Track (Including Crossing) For The Girraween Nature Refuge And The Aged Care Facility’
                      and a subsequent Operational Works permit.
               55.    The existing vegetation adjacent to the access must be pruned to improve driver sight lines
                      to both vehicles and pedestrians travelling in Cooyar Street and along the footpath. The
                      Australian Standard for Off-Street Car Parking (AS2890.1) must be used as a guide as with
                      Austroads Guide to Traffic Engineering Practice Part 5 Intersections at Grade and any
                      associated addendum.
               56.    All works associated with this permit must ensure that the fire trail is kept functional and
                      operational during all stages of work and for all intended uses (drainage outlet and access
                      for emergency services).
                      Car Parking
               57.    A minimum of 44 car parking spaces must be provided and marked on the site and made
                      available and accessible at all times while the use is open for business. The works must be
                      generally in accordance with Proposed Overall Ground Floor Plan (PD_A_003.1 E) dated 23
                      March 2023.
                      Stormwater Drainage
               58.    Stormwater runoff from the development must be connected to a lawful point of discharge
                      without causing scour or damage to the subject site or any adjoining properties. The works
                      must be undertaken in accordance with an Operational Works approval and be generally in
                      accordance with STP Consultants’ Stormwater Layout Plan (SKC01) dated 21 March 2023
                      and (SCK02) dated 20 March 2023. The works must include, but not be limited to:
                      a.      All Causeways (both temporary and permanent) must be constructed to comply with
                              all relevant sections of Queensland Urban Drainage Manual (QUDM);
                      b.      All Causeways (both temporary and permanent) must be constructed to comply with
                              Section 10.3.5 of Sunshine Coast Council’s Open Space Landscape Infrastructure
                              Manual 2022 (Type 5 Fire Access Trail); and
                      c.      Works must not adversely affect the existing water quality treatment capabilities of the
                              development as to result in pollutants exiting the site.
                      Easements
               59.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               60.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               61.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               62.    All fill and associated batters must be undertaken in accordance with an Operational Works
                      approval and contained entirely within the subject site unless written permission from the
                      respective landowner(s) is provided to Council. The works must be generally in accordance
                      with STP Consultant’s Earthworks/Track Layout Plan (STP22-0347 SKC03) dated 23 March
                      2023.




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               63.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Damage to Services and Assets
               64.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
                      LANDSCAPING
                      Landscaping Works
               65.    The development site must be landscaped. The works must be undertaken in accordance
                      with an Operational Works approval and the Noosa Plan for that specific area and must
                      include in particular:
                      a.      the works shown on the approved Landscape Concept plans shown in the Approved
                              Plans
                      b.      Vegetation clearing within the site is to be offset through the rehabilitation of the area
                              of vegetation adjacent to Cooyar Street. The area is to incorporate revegetation works
                              that offset all native vegetation removal that is proposed on the site.
                      c.      control of all weeds species listed in the following standards and legislation:
                              i.       declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                                       ordinate Regulation 2016).
                              ii.      Noosa Local Government Area Pest Management Plan 2015-2019.
               66.    All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
               67.    All landscape works must be maintained generally in accordance with the approved design
                      for the life of the development.
                      Retention of Existing Trees
               68.    The existing Allocasurina littoralis within the Bushfire buffer associated with Lot 1 SP239726
                      must be retained in accordance with an Arborist Report (or part thereof) prepared by a
                      qualified person* and endorsed through an Operational Works approval
                      *(Refer to Advisory Note)
               69.    The existing Allocasurina littoralis in the south-eastern portion of the subject site must be
                      retained, except where required to be removed to accommodate the approved building, in
                      accordance with the recommendations of an Arborist Report (or part thereof) prepared by a
                      qualified person* and endorsed through an Operational Works approval.
                      *(Refer to Advisory Note)
               70.    Prior to the prestart meeting, a bank guarantee or a bond of $10,000 must be lodged as
                      security for the protection of the trees identified for retention in the conditions of this approval
                      listed within this Decision Notice. The bond:




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                       a.      may be drawn upon by Council in its entirety if any one tree identified for retention is
                               damaged to the point where the tree cannot be saved (as confirmed by the project
                               arborist and agreed in writing by Council)
                       b.      will be returned upon practical completion of all the operational works relating to this
                               development.
                       *(Refer to Advisory Note)
                       Fauna Management
               71.     Vegetation must only be removed or disturbed in accordance with a Fauna Management
                       Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
                       Works approval.
                       *(Refer to Advisory Note)
               72.     Permanent artificial nesting boxes must be installed within the development site to provide
                       compensatory habitat for arboreal mammals and hollow dependent avian species. The
                       works must be undertaken in accordance with an Operational Works approval.
                       Bushfire Management
               73.     The development must be carried out in accordance with the Bushfire Hazard Assessment
                       and Management Plan v2 listed within this Decision Notice*.
                       *(Refer to Advisory Note)
               74.     The development must be carried out in accordance with the Building Bushfire Safety and
                       Spread Prevention Strategy listed within this Decision Notice*.
                       *(Refer to Advisory Note)
               75.     A 2.5 metre high non-flammable permanent fence must be constructed adjacent to the
                       southern extension of the existing building footprint in accordance with the recommendations
                       of the Bushfire hazard Assessment and Management Plan v2 listed in this Decision Notice.
               76.     Certification must be submitted to Council from a qualified person* which certifies that the
                       development has been constructed in accordance with the bushfire management conditions
                       of this Decision Notice.
                       *(Refer to Advisory Note)
               77.     A copy of the bushfire evacuation plan for the development must be provided to the nearest
                       fire authority.
               5.      REFERENCE DOCUMENTS

                    Plan No.           Rev.   Plan/Document Name                                  Date

                    J000542            2      Bushfire Hazard Assessment & Management 21/03/2023
                                              Plan, prepared by North Coast Environmental
                                              Services

                    J000542            1      Bushfire Evacuation Plan, prepared by North 08/12/2022
                                              Coast Environmental Services (Appendix 2 of the
                                              Bushfire Hazard Assessment & Management
                                              Plan, prepared by North Coast Environmental
                                              Services)

                    WBFE965-           OP1    Building Bushfire Safety and Spread Prevention 22/03/2023
                    001-2023                  Strategy, prepared by Walkerbai Fire Engineering




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               6.     REFERRAL AGENCIES

               Not applicable
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Infrastructure Charges
               1.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further information, please refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
                      Equitable Access and Facilities
               2.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Advertising Devices
               3.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Development Compliance Inspection
               4.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
               8.     PROPERTY NOTES

               132001.210127.3 – Infrastructure Agreement
               1.     An Infrastructure Agreement has been signed in association with Council Approval
                      132001.210127.3. The Agreement relates to the works required to be carried out on Council
                      land for the purposes of stormwater works, access and bushfire mitigation measures.
               9.     VARIATION APPROVAL DETAILS

               Not applicable
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                 Subject of the required Development Permit

                Development Permit for Building Works               All building work.

                Operational Works                                   Access, Stormwater, Earthworks, Landscaping

               11.    SUBMISSIONS

               Not applicable


                                                                                                           Page 11 of 13
Document Set ID: 22515524
Version: 7, Version Date: 27/07/2023

Page 12

               12.       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.
               13.       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,




               Patrick Murphy
               Manager - Development and Regulation



               Enc:      Appeal Rights
                         Infrastructure Charge Notice
                         Approved Plans/Documents
                         Infrastructure Agreement
               cc.       Unitywater

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 28 June 2001.
               •     Negotiated Decision Notice – 9 August 2001, with an amendment to condition 2.

               •     Decision Notice – Compiled Decision – 7 December 2005, with an amendment to conditions 4, 15 & 19 and additional 24 conditions
                     and 3 advices and delete condition 5.

               •     Decision Notice - Minor – 132001.210127.3 – 20 July 2023, with an amendment to development description and conditions 15 &
                     26 and additional conditions 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,
                     71, 72, 73, 74, 75, 76 & 77.and delete conditions 1, 2, 23, 27 and 28.




                                                                                                                                      Page 12 of 13
Document Set ID: 22515524
Version: 7, Version Date: 27/07/2023

Page 13

                                                                              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 13 of 13
Document Set ID: 22515524
Version: 7, Version Date: 27/07/2023

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