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MCU24/0074 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION (16 UNITS) AT 203 & 207 GYMPIE TERRACE, NOOSAVILLE · Att 3 to the General Committee Minutes MCU24-0074 - Updated conditions - errors amended by staff
GENERAL COMMITTEE MEETING 17 MARCH 2025
ATTACHMENT 3 to the General Committee Minutes – (MCU24/0074) –
UPDATED CONDITIONS – errors amended by staff
PLANNING
When Conditions Must Be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 20 March 2031 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
CD 2.01 C C Basement Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to accommodate the waste collection and
servicing to occur on site and consistent with engineering
requirements outlined in condition 61.
Additional information in relation to the ‘end of trip’ facilities are to be
included on the plan.
A total of 29 car parking spaces are to be shown for the Short term
accommodation use on either Basement Plan or Ground floor plan.
CD 2.02 B B Ground Floor Plan prepared by Arkos 20.02.2025
Architects
Amendments The plan is to be amended to demonstrate that a minimum of 1.0
metre width of soft landscaping can be provided to all street frontages
particularly around proposed urban infrastructure in Albert Street.
The plan is to demonstrate a minimum of 375 square metres of
landscaping is provided on site excluding outdoor dining and paved
areas. Provide an updated calculation which separates all
landscaping areas individually to comprise 375 square metres of
landscaping.
The plan is to remove all timber landscape canopy elements, ‘Tide’
structures to all frontages and reinstate with landscaping.
Carparks 2 - 12 are to be amended to accommodate landscaping
infrastructure in accordance with the Landscaping Works conditions
of this approval.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
The ground floor plan is to accommodate on site refuse collection in
accordance with the engineering requirements stipulated in condition
61.
CD 2.03 C C Level 01 Plan prepared by Arkos Architects 26.02.2025
CD 2.04 C C Level 02 Plan prepared by Arkos Architects 26.02.2025
CD 2.05 C C Level 03 Roof Tce Plan prepared by Arkos 26.02.2025
Architects
CD 2.06 C C Roof Plan prepared by Arkos Architects 26.02.2025
CD 3.01 B B Elevation 01 – Gympie Tce / North prepared 26.02.2025
by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
CD 3.02 B B Elevation 02 – Thomas St / West prepared 26.02.2025
by Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the Roof Terrace 2 up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are
to be removed.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
CD 3.03 B B Elevation 03 – East / Albert St prepared by 26.02.2025
Arkos Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
CD 3.04 B B Elevation 05 – South prepared by Arkos 26.02.2025
Architects
Amendments The rooftop pergola structure is to be reduced to be no more than 2.2
metres in height above roof level. The pergola is not to be roofed or
covered with an impervious material.
The horizontal roof over stairs providing access to the roof top is not
approved and is to be amended to be reduced in height and to follow
the gradient of the stairs to reduce the appearance of a roofed area.
Any wall/s around the edge of the roof top terrace or on the roof area
are a maximum of 1.2 metres in height. A privacy wall is permitted
along the eastern side of the ‘Roof Terrace 2’ up to 1.7 metres in
height.
Any splash back around the pool is to be constructed from clear
glazing or similar.
Walls located between the terrace areas are not approved and are to
be removed.
‘Metal cladding with a profiled design’ to the southern elevation is not
approved. An alternative design treatment is required to be
developed and shown on the elevation.
A suggested alternative could involve greater use of lightweight
natural materials / articulation of the façade / green wall to result in a
more subtropical and sympathetic visual presentation.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved development consists of Food and Drink outlets and Short Term
Accommodation (16 Units) as shown on the approved plans.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
5. The total number of bedrooms that are available for guest accommodation must not exceed
36 bedrooms.
6. The Food and Drink outlets as shown on the approved plans are not to exceed, outdoor
dining (220m²), internal use area (446 451m²) and gross floor area 699m².
7. The Food and Drink outlet use on the premises must not operate outside the hours of:
a. Sunday to Thursday: 6am to 10pm; and
b. Friday and Saturday: 6am to 12:00 midnight.
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Performance Bonds
8. Security in the form of a cash bond or trading bank guarantee to the sum of $ 50,000 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.
An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Building Form and Development Appearance
9. The two Pergolas shown on the approved plans at the roof level are not to be roofed or
covered in an impermeable membrane and are not to exceed 2.4 2.2 metres in height.
10. The maximum height of the development must not exceed the building heights shown on the
approved plans, as amended by conditions of this approval, above ground level.
11. 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.
12. External design features, including the extent of fixed or operable screens fronting all streets,
materials, colours and finishes must be shown on the Approved Plans and submitted to
Council for written approval from the Development Assessment Manager prior to the issue
of Building approval. No inclusions or alterations are made without approval in writing by
Council.
13. Additional detailed plans and elevations showing all internal areas and design treatments to
all Short term accommodation units and entrances are to be submitted to Council for written
approval from the Development Assessment Manager prior to the issue of any building
approval.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
17. Any security screens on the premises consist of grille or translucent screens and not solid
shutters, screens or roller-doors.
18. All mechanical equipment and other service infrastructure located on the site must be:
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GENERAL COMMITTEE MEETING 17 MARCH 2025
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
19. No part of the site may be used for outdoor storage of materials.
Amenity
20. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, amplified music, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
21. The premises must not be used as a party house, with no events, functions or parties (e.g.
bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
22. The use must be operated in accordance with the Local Law requirements for Short stay
letting at all times.
23. Service vehicle movements associated with non-residential uses on the premises (including
loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
and not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the subject
site.
24. Communal outdoor recreation facilities including swimming pools, spas and sports courts are
not to be used between the hours of 10:00 PM and 6:30 AM the following day.
Noise
25. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps, Service Room
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
26. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
Lot Amalgamation
27. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the
Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
Council prior to the issue of the Development Permit for Building Works.
Easements
28. Prior to Council issuing a Development Permit for Operational Works, demonstrate that the
terms and conditions of the existing easements registered against the titles of Lot 2 on
RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the
increase in vehicle type and volume proposed as part of the development.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
Should the terms and conditions be found to be contrary, demonstrate that all parties are
agreeable to amend the terms and conditions of the existing easements to allow for the
increase in vehicle type and volume.
29. 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.
30. 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.
31. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Community Management Statement
32. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
33. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The units must be used for Short term accommodation for tourists and travellers only.
Street Identification
34. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
External Works – Gympie Terrace
35. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. the existing footpath between back of kerb and property frontage is to be upgraded
with exposed coloured aggregate finish for the full width to the approval of the Design
Coordinator - Infrastructure services.
b. removal of the existing property accesses and reinstatement of the kerb, to match the
balance of the site frontage;
c. the verge area is to include street trees in accordance with the Landscaping Works and
Retention of Existing Trees as part of this approval.
d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent
properties or the function and safety of the local road network – the 6 on-street carparks
must be line marked in accordance with AS2890.05, include a minimum width of 2.1m
measured from kerb invert and achieve a minimum separation of 1 metre between all
driveway crossovers and kerb tangent points to not disadvantage existing sight lines;
e. the provision for 6 on-street motorbike parks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network – the 6 on-
street motorbike parks must be line marked in accordance with AS2890.05 and achieve
a minimum separation of 1 metre between all driveway crossovers and kerb tangent
points to not disadvantage existing sight lines; and
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GENERAL COMMITTEE MEETING 17 MARCH 2025
f. the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded in
accordance with Council’s standard drawing NSD-9006E.
Condition 35 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Conditions 35 (b, c, d, e and f) are imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
External Works – Thomas Street
36. Thomas Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. The verge between back of kerb and property frontage is to be upgraded with exposed
coloured aggregate finish for the full width to the approval of the Design Coordinator -
Infrastructure services.
b. Existing mature vegetation within the road reserve must be retained and protected;
c. area is to include street trees in accordance with the Landscaping Works and Retention
of Existing Trees as part of this approval;
Condition 36 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Conditions 36 (b and c) are imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
External Works – Albert Street
37. Albert Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval, be generally in
accordance with RECOR’s General Arrangement Plan – Ground Floor (010, Rev. C) dated
20 December 2024 and must include in particular:
a. a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire
length of the site’s frontage to Albert Street. The footpath’s width can be reduced (to a
minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath would
impede on minimum clearances from services (i.e., light poles) or result in the creation
of trip hazards for pedestrians;
b. removal of the existing property accesses and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed;
c. the verge area is to include street trees in accordance with the Landscaping Works and
Retention of Existing Trees as part of this approval;
d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent
properties or the function and safety of the local road network. The 6 on-street carparks
must be line marked in accordance with AS2890.05, include a minimum width of 2.1m
measured from kerb invert and achieve a minimum separation of 1 metre between all
driveway crossovers and kerb tangents point to not disadvantage existing sight lines;
and
e. the provision for 4 on-street motorbike parks in a manner that does not disadvantage
adjacent properties or the function and safety of the local road network. The 4 on-street
motorbike parks must be line marked in accordance with AS2890.05 and achieve a
minimum separation of 1 metre between all driveway crossovers and kerb tangent
points to not disadvantage existing sight lines.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
Condition 37 (a, b, c, d, and e) are imposed pursuant to s145 of the Planning Act 2016 being
non-trunk infrastructure.
Site Access and Driveways
38. A sealed access driveway must be provided from Albert Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with RECOR’s General
Arrangement Plan – Ground Floor (010, Rev. C) dated 20 December 2024 and must include
in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051; and
b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety.
Warning signage must be provided near the exit ramp from the underground parking
area to warn motorists of pedestrian movement along the frontage street.
39. An assessment of the existing access driveway on Thomas Street must be undertaken in
accordance with an Operational Works approval. The assessment must be prepared by a
suitably qualified person (RPEQ) and include an assessment on the condition of the existing
access driveway and provide recommendations to achieve compliance with Council’s
standard drawing RS-051.
Car Parking
40. A minimum of 57 56 car parking spaces must be provided and marked on the site and always
made available and accessible while the use is open for business. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance
with Arkos’ Basement Plan (CD 2.01, Rev. C) and Ground Floor Plan (CD 2.02, Rev. B)
dated 20 February 2025 and must include in particular:
a. 29 parking spaces within the total, for Short-term accommodation uses and 28 27
spaces for Food and Drink Outlet uses which are clearly marked for each purpose and
accessible at all times;
b. pedestrian routes in accordance with the conditions of this Decision Notice;
c. 1 disabled parking space/s within the total; and
d. dimensions, User Class, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
41. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
42. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
43. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. 1 MRV spaces; and
b. regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid Vehicle
and Refuse Collection Vehicle (Side Loader Series V (6x4)) – service vehicles must be
able to enter the site from Albert Street, manoeuvre through the development and exit
onto Thomas Street without exiting the designated “concrete driveway”.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
Security Access to Carpark
44. Where access to the carpark is proposed to be restricted by a security gate, provision must
be made for queuing of vehicles clear of the roadway while waiting for the security gate to
open.
45. Where a secure carpark services a commercial use on the site, the security gate must always
remain open while commercial uses on the site are open for business. The requirements of
this condition must be included in the Community Management Statement for any body
corporate for the subject site.
Pedestrian and Bicycle Facilities
46. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. the development must include 19 bicycle spaces as shown on the approved plans; and
b. adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
Public Safety
47. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
Lighting must be designed to reduce the contrast between shadows and well-lit areas. In
particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
parking and bin storage area.
48. After hours access to loading docks, storage areas and the basement carpark (including the
vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
other suitably appropriate means. The basement carpark must be kept closed and locked at
all times while the use is not operating.
Stormwater Drainage
49. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with RECOR’s Stormwater Management Plan
(20230025-SWMP01, Rev. 01) dated 30 May 2024 and the Queensland Urban Drainage
Manual.
50. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and Water by
Design’s Bioretention Technical Design Guidelines 2014, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in RECOR’s Stormwater Management Plan (20230025-SWMP01,
Rev. 01) dated 30 May 2024.
b. bioretention device(s) which:
a. are design generally in accordance with IPWEAQ Standard Drawing DS-073,
DS-075 and DS-076; and
b. are provided with a free-draining outlet from the sub-soil drainage system.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
51. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for the bioretention
basin is to include: “BIORETENTION BASIN – This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to the Noosa River”.
52. All bioretention basins must be maintained in accordance with Water by Design’s Maintaining
Vegetated Stormwater Assets (Version 1) 2009. Records of all maintenance activities
undertaken must be kept and made available to Council upon request.
53. All proprietary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
Landscaping Works
54. 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 landscape frontage works shown on the referenced documents are to achieve a
minimum of 1.0 metre width of landscaped area (clear of retaining structures) to all
frontages and a minimum overall site landscaped area of 10%.
b. landscaping adjacent carparks 02-11 inclusive, must incorporate 6 shade trees (1 tree
per 2 car parks). The use of underground structural soil cells to create a minimum of 5
square metres of suitable growing medium / area is required for each tree.
c. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
d. provision of 1 street tree within the road reserve for every 8 metres of road frontage
55. 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.
Retention of Existing Trees
56. The existing trees within the road reserve and identified for retention on the referenced must
be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified
person* and endorsed through an Operational Works approval. Should any existing trees
be required to be removed they shall be replaced with a suitably sized specimen, bag size
200 litre min and approved by Council’s Design Coordinator – Infrastructure Services.
*(Refer to Advisory Note)
57. Prior to the prestart meeting, a bank guarantee or a bond of $20,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this approval.
The bond:
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.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
Earthworks and Retaining Walls
58. The site is contained on the Environmental Management Register. Prior to the issue of any
Operational Works approval, the applicant must provide a ‘Site Suitability Statement’
confirming the site is suitable for the proposed use.
59. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval, be generally in accordance with RECOR’s Bulk Earthworks Layout Plan
(020, Rev. C) dated 20 December 2024 and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council. All earthworks
must ensure that adjacent properties and associated infrastructure is not disadvantaged by
additional flows or adverse impacts on the functionality of access driveways and carparks.
60. 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.
Waste Disposal
61. Prior to Council issuing a Development Permit for Operational Works, an amended Waste
Management Plan must be submitted to council for approval that allows for all waste
collection and servicing to occur on site. The amended Waste Management Plan must be
prepared by a suitably qualified person who is experienced in waste management and
includes in particular:
a. Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
containers. Services to be done several times weekly to reduce the actual bin numbers
on site; and
b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4
with rear lift configuration) - the Refuse Collection Vehicle must be able to enter the
site from Albert Street, service the site, and exit on Thomas Street; and
c. compliance with The Noosa Plan 2020 – Waste Management Code and PSP9 Waste
Management.
d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration) must
enter via Albert Street and exit via Thomas Street.
62. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
area, within the site, correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is required with a
cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet
must be designed to prevent storm water entry to the sewerage system.
63. 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.
64. Storage, disposal and management of solid, liquid and vegetative waste is conducted in a
safe and ecologically sustainable manner without environmental nuisance. In this regard,
vegetated waste must be disposed of via a green waste bin or at a local transfer station.
Services
65. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
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GENERAL COMMITTEE MEETING 17 MARCH 2025
66. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Damage to Services and Assets
67. 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.
Acid Sulfate Soils
68. A preliminary site-specific Dewatering and Acid Sulfate Soils Management Plan must be
prepared and submitted as part of a future Operational Works application for the site. The
Dewater and Acid Sulfate Soils Management Plan must be prepared by a suitably qualified
person and include, but not be limited to:
a. testing, monitoring and treatment requirements for the works in accordance with the
National Acid Sulfate Soils Guidance; and
b. demonstrate how groundwater encountered during excavations and ongoing
operations of the basement will be managed.
Demolition Works
69. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
70. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Treatment of Temporarily Vacant Land
71. Where some or all of the land remains vacant or undeveloped for more than 3 months, or
buildings are demolished and redevelopment is delayed for more than 3 months, the
following works must be carried out:
a. the site must be cleared of all rubble, debris and demolition materials
b. the site must be graded to prevent ponding (to the same level as the adjoining footpath
wherever practicable), turfed and mown at a minimum 3 weekly intervals
c. the site must be landscaped with perimeter planting consisting of advanced specimens
of fast growing tree species
d. the site must be maintained to ensure no nuisance to adjacent premises, roads or
footpaths
e. where fencing is installed to secure boundaries:
i. the fencing must be durable and not capable of being pushed or blown over
ii. the fencing type must not detract from local amenity (barbed wire is not
acceptable)
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iii. vandalism must be promptly repaired, and any graffiti removed.
Health and Safety
72. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
73. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
74. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
75. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
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