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04/4078 - SUPERSEDED COMPILED Decision Notice [As Published] · 132004.4078.02

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                                      Form 6 – Compiled Decision Notice
                                      INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:    2004/4078                             Date of Decision:          19 January 2006

1.     APPLICANT DETAILS

 Name:               Noosa Heads Surf Lifesaving Club Inc

 Postal address:     PO Box 7
                     NOOSA HEADS QLD 4567

 Phone no:           5447 1809                 Fax no:        5449 8490             Mobile:     0419 497133

2.     PROPERTY DESCRIPTION

 Street address:     61 Hastings Street

 Suburb/locality     Noosa Heads

 Real property       Lot 3 CP 862568, County of March, Parish of Weyba
 description:

3.     OWNER DETAILS

 Name:               State Land - NSC as Trustee

 Postal address:     PO Box 141
                     TEWANTIN QLD 4565

4.     REFERRAL AGENCIES

 Referral Agency            Address                                                        Basis
 Department of Natural      PO Box 573, Nambour Qld 4560                                   Advice Agency - Acid
 Resources & Mines                                                                         Sulphate Soils

 Environmental              Coastal Unit (Southern Region)                                 Concurrence Agency –
 Protection Agency          PO Box 155, Brisbane Albert Street Qld 4002                    Coastal Management
                                                                                           District

5.     APPLICATION TYPE

 Development                           Development Details                        Preliminary         Development
                                                                                   Approval              Permit
 Material Change      of   Use   of    Indoor Entertainment - redevelopment           No                  Yes
 Premises                              of SLSC and toilet block


6.     DECISION DETAILS

Council on 7 April 2005 decided to:
A.     Approve the application and grant a Development Permit, subject to conditions;
B.     Amend existing lease to reflect the approval over the site and taking into consideration the toilets and
       tourism centre.

In relation to representations made by the Applicant, Council on 21 July 2005 resolved to:
A.     Amend Conditions 7 and 14;
B.     Issue a Negotiated Decision Notice.
Full text of the other 17 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                  2




In relation to a request to change the Development Approval, Council on 19 January 2006 resolved to:
A.     Approve the Change with amendment to conditions 1, 5, 20, 26 & Advice Condition 4.
B.     Include five additional conditions.
C.     Delete Conditions 60.1 and 60.2 and Advice Condition 3.
D.     Issue a Compiled Decision Notice.

7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.

8.     SUBMISSIONS

7 properly made submissions and 1 not properly made submission were received. See attached list for properly
made submissions.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency and Department of Natural Resources and Mines,
as an advice agency are also attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                  Subject of the required Development Permit
 Development Permit for Building Works                Redevelopment of Surf Life Saving Club Facilities

 Development Permit for Operational Works             Landscaping, carparking and access, stormwater drainage
                                                      and excavation of materials to fill another site

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                    Signature:                              Date:       19/01/06



DECISION NOTICE HISTORY
 Original Decision Notice 7 April 2005.
 Negotiated Decision Notice with amendment to
   Conditions 7 & 14 on 21 July 2005.
 Minor change to the approval with amendment to
   Conditions 1, 5, 20, 26 & Advice Condition 4,
   deletion of Conditions 60.1 and 60.2 and inclusion of
   five additional conditions on 19 January 2006.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                      3




                                      Noosa Council Conditions
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are numbered:-
       Stage One
       989 DD.04/01 Issue D, 989 DD.04/02 Issue D and 989 DD.04/03 Issue D prepared by JMA Architects and
       print dated 28 November 2005 and as may be amended by these conditions and annotations on the
       approved plans.
       Completed Stages
       989 SK1.1B Issue C, 989 DD-1.2 Issue C, 989 DD-1.3 Issue C, 989 DD-1.4 Issue C, 989 DD-1.5 Issue C,
       989 DD-1.6 Issue C, 989 DD-2.1 Issue C, 989 DD-2.2 Issue C, 989 DD-3.1 Issue C and 989 DD-3.2 Issue
       C prepared by JMA Architects and print dated 26 August 2005 and as may be amended by these
       conditions.

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

3.     Existing trees on the site and within road reserves are to be retained, except where nominated to be
       removed due to building operations.

4.     The open space adjacent to the building’s western wall shall be landscaped in accordance with Council’s
       Policy on Landscaping Guidelines. Such landscaping is to be completed prior to the premises being
       occupied and maintained at all times thereafter.

5.     Security in the form of a cash bond or trading bank guarantee to the sum of $50 000 must be submitted,
       to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
       operational works. The cash bond or trading bank guarantee will be returned on performance of the
       conditions of approval less any costs incurred by Council in respect of enforcing performance of this
       permit.

6.     The requirements of this development approval are to be effected, prior to the use of the premises.
       Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
       compliance with conditions.

7.     A rolla-door or other similar gate device may be installed at the basement vehicle entrance. This device is
       to be fitted with a swipe card and/or intercom system so as not to restrict access to members of the Surf
       Club or patrons of the commercial facilities.

8.     No line marking or signage shall be erected reserving any space for club employees, members or similar
       persons.

9.     The commercial operations on the site are to operate between the hours of 7:00am to 10:00pm Sunday to
       Thursday and 7:00am to midnight Friday and Saturday.

10.    Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open
       structures.

11.    All vehicles exiting the site are to be restricted to a left turn movement only.

12.    The screening wall extending from the entrance point of the lower level bathrooms is to be extended by
       3.0 metres in a southerly direction to provided greater screening for residents and businesses located
       within the Netanya development. This wall shall be designed and located to take into account Crime
       Prevention Though Environmental Design (CPTED) principles, to retain existing vegetation and as an
       attractive feature that positively contributes to the streetscape




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                     4

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

14.    The deck area adjacent to the restaurant and restaurant foyer is permitted to operate between 7am to
       10pm, seven (7) days a week.

15.    The deck area adjacent to the entertainment area is permitted to operate between 9am and 10pm,
       Sunday to Thursday and 9am to 12 midnight, Friday to Saturday.

16.    Secure bicycle racks shall be provided on site to accommodate a minimum of 21 bicycles. The proposed
       bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable
       satisfaction of the Manager, Land Use.

17.    End of trip facilities shall be provided within the approved building at a minimum rate of 1 locker per 2
       bicycle parking spaces; 1 shower per 10 bicycle parking spaces or part thereof; and change rooms.

18.    All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
       (LPG or natural), to support the efficient use of natural resources and minimise consequent pollution.

19.    The Development Permit for a material change of use of premises lapses if the use has not happened by
       7 April 2009 unless an application to extend the currency is approved by Council.
Land Development
Vehicle Access
20.    A vehicular access driveway to serve the development shall be constructed from the Hastings Street
       frontage of the site with a maximum width of 6.0 metres and shall be generally in accordance with drawing
       numbered 989 DD.04/01 print dated 28 November 2005 prepared by JMA Architects Queensland Pty Ltd
       and drawing “Figure 2” dated 29 November 2005 prepared by Roger Brameld Consulting Pty Ltd.

21.    The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
       vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
       without any level difference. Should any driveways be constructed to grades that do not comply with
       AS/NZS2890.1:2004 and AS2890.2-1989, Council will require that the driveway be removed and
       reconstructed to levels that do comply.

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

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

23.    A Traffic Management Plan for the demolition and construction phases of the development shall be
       submitted to and approved by Council prior to the issue of any Development Permits for Demolition or
       Building. The Traffic Management Plan shall include but not be limited to:

       23.1. Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the
             local roads as access to the site;

       23.2. Indicate provision for on-site parking for the required workforce; and

       23.3. Operating hours.
Loading Areas
24.    The proposed turning areas for the delivery and waste collection vehicles and the access to the loading
       dock shall be line-marked with chevrons and have the words “No Parking” painted on the pavement. A
       sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is
       Permitted”.

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




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                       5

Carparking
Off Street
26.    Carparking shall be provided within the site as shown on drawing number 989 DD-1.2 issue C prepared
       by JMA Architects and print dated 26 August 2005, except as modified herein.

27.    A minimum of 36 covered carpark spaces shall be provided on site.

28.    The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
       class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
       clearance (headroom) at any point of 2.2m.

29.    The proposed turning area at the end of the aisle that serves proposed carpark space No 17 shall be line-
       marked with chevrons and have the words “No Parking” painted on the pavement. A sign shall also be
       provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.

30.    All carparking shall be kept, maintained, line-marked and clear of refuse and/or equipiment storage and in
       a condition fit for use at all times.
Vegetation Protection
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.
Frontage Works
32.    Footpath improvements such as topsoiling, grassing, and tree planting are required to the Hastings Street
       frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass
       shall be couch, free of weeds. The design of the improvements shall maintain and integrate with the
       existing vegetation.

33.    Any new concrete path shall be constructed along the Hastings Street frontage of the site to a width of 1.2
       metres and be in accordance with Council’s design standards and to an alignment that protects any
       significant vegetation or any underground services.

34.    Pram ramps shall be installed at the intersection of the footpath and any vehicle access in accordance
       with Council’s Standard Drawing 9006.

35.    All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using non-slip
       materials and to produce an evenly graded surface finish.

36.    All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
       paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
       prior to commencement of the use permitted by this permit.
Undergrounding Power
37.    The existing overhead electricity wires to the Hastings Street frontage of the development shall be
       redirected underground to help beautify the Hastings Street street scape and aid with the growth of street
       trees. This work shall be at no cost to Council.
Stormwater Drainage

38.    Roof runoff shall be directed to a rainwater storage system or tank (minimum storage 9000 litres) that is
       plumbed to service the toilets and landscaping. The design of the rainwater storage system shall be to
       the satisfaction of the Manager Plumbing Services.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        6

39.    All stormwater drainage shall be collected on site and discharged so there is no net increase in
       stormwater runoff from the site. Stormwater drainage permitted to drain from the site shall be discharged
       to Council’s existing drainage structures in Hastings Street. Plans of the drainage design shall be
       prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a
       Development Permit for Operational Works.

       The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage
       system at any one location is 25 litres/second.

40.    To ensure that polluted run-off does not enter Council’s stormwater drainage system, 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 into
       Council’s drainage system.

       All other clean stormwater, such as roof water, can be collected on site and discharged through a single
       underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.

41.    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.

       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.

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

43.    All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit
       television (CCTV) prior to commencement of the approved Use.

       CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following
       satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV
       inspection, including any additional inspection necessary following defect identification and rectification.
       This charge is payable prior to the issue of Operational Works approval and will be determined on the unit
       rate basis current at the time of approval.
Sewer Mains
44.    The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
       accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
45.    The site shall be connected to Council’s existing town water supply and be constructed in accordance with
       Council’s standards and requirements at no cost to Council.

46.    Each water connection to the water reticulation system shall extend to the property boundary and be
       metered. Where multiple units including leased buildings are served by a single service, multiple water
       meters to each individual unit or leased building shall be installed. All fees for the supply of water meters
       shall be paid to the Council.
Earthworks
47.    Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or
       structures that border the development site. Fences that are affected shall be replaced prior to plan
       endorsement. In this regard any fences to be replaced shall be clearly shown on the plans submitted for
       Operational Works approval.
Site Stability
48.    A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
       soil classification, establish whether any measures are required to protect the stability of adjoining
       buildings and/or structures, and make recommendations on the type of foundation system(s) best suited
       for the proposed development. This information shall be submitted to the Council for assessment and
       approval prior to obtaining a Development Permit for Operational Works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                        7

Erosion and Sediment Control
49.    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
50.    A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
       specifications for all engineering works that will become Council infrastructure, which shall be submitted in
       conjunction with an application for a Development Permit for Operational Works. In this regard a
       DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
       with any application for Operational Works.

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

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

53.    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.

54.    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.

55.    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.

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

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

       Approval of works shall not be granted until all As Constructed information has been supplied and
       accepted by Council.
Environmental Health
57.    Should a fuel operated emergency generator be provided approval for the Underground Petroleum
       Storage System approval must be obtained under the Dangerous Goods & Safety Management Act of
       Queensland and the Environmental Protection Act 1994. The application for such approval shall be
       lodged with Council’s Environmental Health Section and shall include an assessment by a competent
       person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage”.

58.    An annual licence is to be obtained from Council’s Environmental Health Section with respect to the
       storage of flammable or combustible liquids in excess of the minimum amounts permitted under the
       Dangerous Goods & Safety Management Act of Queensland. Application for such a licence is to be made
       at the time of submission of an application for Building Approval.

59.    An annual licence and registration of the premises is required under the Food Hygiene Regulations of
       1989 from Council’s Environmental Health Section where unpackaged food and drink is sold, prepared,
       packed, stored, handled, served or supplied for sale.




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Waste Management

60.     Additional details are required to be submitted and approved by Council’s Manager of Environmental
        Health prior obtaining a Development Permit for Operational Works.

        60.1. Deleted.

        60.2. Deleted.

        60.3. The developer shall submit to Council a Waste Management Plan for the construction or
              demolition phase of the development. The Waste Management Plan is to contain the following
              information:

         MATERIALS ON-SITE                     DESTINATION
                                               Re-use and Recycling             Disposal
         Expected        waste    Estimated    On-site              Off-site           *specify contractor
         materials                volume       *specify proposed *specify contractor and landfill site
                                  (m³)         re-use or on-site and recycling outlet
                                               recycling methods
          Excavation material
          Garden Organics
          Bricks
          Concrete
          Timber-please
          specify
          Plasterboard
          Metals     -  please
          specify
          Other     -   please
          specify
        Note: Details of site area to be used for onsite separation, treatment and storage (including weather
        protection) should be provided on the plan drawings accompanying your application.
61.     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.
Noise
62.     Additional details are required to be submitted to the satisfaction of Council prior obtaining a Development
        Permit for Operational Works addressing the following issues:-

        62.1. Identify lower evening and night time ambient noise levels (LA90 background noise level) that
              more accurately reflect ambient conditions commonly found at other times of the year when there
              is less surf and wind noise than that identified in the Ron Rumble Report No. 05-5176 dated
              February 2005.

        62.2. Identify appropriately lower noise limits at the eastern boundary (i.e. adjoining Netanya Resort), for
              the evening and night time periods determined from the new and lower background noise levels.

        62.3. Identify proposed acoustic control measures (including but not limited to operational and
              constructional methods), to ensure that the new and lower evening and night time noise limits are
              not exceeded by noise from:

               62.3.1.    Entertainment noise normally conducted until midnight.

               62.3.2.    Entertainment noise conducted at times between midnight and 2am.

                          Note: Control measures for entertainment noise are to show compliance with
                             requirements of the Division of Liquor Licensing.

               62.3.3.    Patron noise from the bar and dining uses of the premises (both internal and external)
                          for the normal periods up to 10pm and from 10pm to midnight, and also the occasional
                          use from midnight to 2am.




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              62.3.4.    Mechanical plant and equipment operating up to 24 hours/day.

              62.3.5.    From the entertainment and dining decks.

       62.4. Proposed noise control measures for the increased number of patrons leaving the premises at the
             normal closing time of midnight and also for the occasional closing periods of 2am.

63.    Noise from building works is to comply with:-
       63.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
       63.2. All reasonable measures are taken to minimise noise emissions.
       63.3. Not permitted on Sunday or public holidays.

Trade Waste

64.    A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic drawings are to
       show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.

65.    Full truck access is to be provided to each grease arrestor and/or pre-treatment device for clearing and
       servicing. Duel access points shall be provided. One in the western side of the building for adjacent to
       the front entrance as indicated on plan drawing 989 DD - 1.2 and a second as proposed at the front
       entrance.
Additional Conditions 19/01/06

Land Use
66.    The TAB area shall be no greater that 44.2 m².

67.    The bin pickup area as detailed on the Hastings Street road reserve on the approved plans shall be
       deleted.

68.    Construction of Stage Two of the development shall commence prior to 13 January 2011.

69.    In Stage One:-
       69.1. A partition is to be established between the storage area and liquor servery on level 2 of the
             existing Surf Club Building. The partition shall be placed such that an area in the south western
             section of the building including the deck is physically separated from the lounge. The partition
             may be of a moveable type construction.
              The partitioned area shall comprise not less than 148 m² and shall be utilised for surf life saving
              club purposes only and not for commercial purposes (ie. Entertainment, Lounge, Restaurant).
              Notwithstanding the above, if due to inclement weather, the new deck on the north eastern corner
              of the building is unable to be used an additional 40m² of the partitioned area may be utilised for
              commercial purposes. Further, at the times when the restaurant area is closed to trade then the
              entire partitioned area may be utilised for commercial purposes.
       69.2. Prior to approval of a Development Permit for Operational Works, an amended plan shall be
             provided to Council detailing the proposed location of partitions and the area of the commercial
             uses, subject to the exclusions detailed above.

70.    Additional details are required to be submitted to the satisfaction of Council prior obtaining a Development
       Permit for Operational Works addressing the following issues:-
       70.1. Identify all species required to be removed as a result of the widening of the pedestrian pathway
             along the eastern boundary of the lease area, and any proposed replacement species to be
             established (minimum 100 Litres) in this area during Stage One.
       70.2. Identify the provision of 2 x 100L Tuckeroo and 1 x 100 Litre Coastal Banksia towards the front of
             the site during Stage One to replace the species required to be removed as a result of the staged
             development.
       70.3. Identify actions to be undertaken to create visual uniformity between the existing building and
             Stage One. Such actions shall relate to consistency of building materials and colours and shall be
             undertaken prior to the operation of Stage One.




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                                     Concurrence Agency Conditions –
                                     Environmental Protection Agency
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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                                       Concurrence Agency Conditions –
                                       Department of Natural Resources &
                                       Mines
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




Advice Agency Condition
1.     An Acid Sulphate Soils (ASS) Management Plan must be provided for any excavation works undertaken in
       areas of the site below 5m AHD. The management Plan must outline all proposed ASS investigations
       and management procedures, which are to be undertaken in accordance with State Planning Policy 2/02:
       Planning and Managing Development Involving Acid Sulphate Soil with reference to the SPP Guideline:
       Acid Sulphate Soils, the Guidelines for Sampling and Analysis of Lowland Acid Sulphate Soils in
       Queensland 1998 and the Queensland Acid Sulphate Soil Technical Manual: Soil Management
       Guidelines.

       This plan is to be submitted to the satisfaction of the Department of Natural Resources & Mines prior to
       obtaining a Development Permit for Operational Works.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                         14


                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


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

2.     Development Application for Building Work to be also referred to Queensland Fire and Rescue Services.

3.     Deleted.

4.     The applicant is informed that payment of the following Infrastructure Charge and contribution amounts as
       at September 2005 have been waived in accordance with Council’s Policy for Rate Rebates and Waiver
       of Fees for Community Organisations:

                  Council’s Coastal Major Road Network                           Stage 1 $36,745
                  Infrastructure Charges Plan                                    Stage 2 $95,293


                  Council’s Planning Scheme Policy PSP24                         Stage 1 $552
                  Park Requirements for Development Applications                 Stage 2 $2,809

                  Council’s Planning Scheme Policies PSP28                       Stage 1 $8,862
                  Water Supply Headworks Contributions                           Stage 2 $21,831
                  Council’s Planning Scheme Policies PSP30                       Stage 1 $8,416
                  Sewerage Headworks Contributions                               Stage 2 $25,508
                  Council’s Planning Scheme Policy PSP41                         Stage 1 $558
                  Pathway Trunk Network Contributions                            Stage 2 $1,701

5.
       Payment via credit card transaction will not be an acceptable method of payment for development
       contributions conditioned in this permit or for infrastructure charge notices issued separately.

6.     The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s
       Code controlling food establishments for approval by Council’s Environmental Health Section, for any food
       premises proposed to be included in the development. Approval is to be obtained prior to fitting out the
       building.

7.     For café or restaurant the developer must provide toilets for customers and staff in accordance with the
       Building Code of Australia.

8.     Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.
       The installation of any mechanical exhaust system is to comply with Australian Standard 1668.

9.     In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
       concrete, builders’ waste or rubbish shall not be permitted to enter or be placed where it could reasonably
       be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply
       for such offences.




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                    15

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

Trade Waste

11.    Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
       Waste.

12.    Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.
       Approval may be granted through the issuing of a Trade Waste Permit.

13.    All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans
       submitted to Council for approval.

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

15.    Trade Waste approval is required for any car park, car or boat wash facilities.




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Page 16

NOOSA COUNCIL IDAS Development Application Decision Notice                                          16


                                    List of Properly Made Submitters
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Bill Watson                                    1/18 William Street           NOOSAVILLE QLD 4566
Ron Slattery         Lynoaks Pty Ltd           5 The Promontory              NOOSAVILLE QLD 4566
GP Webster           Bellissima !              Shop 1, Netanya, Hastings     NOOSA HEADS QLD 4567
                                               Street
Stephen Scott        Sound Body                PO Box 1547                   NOOSA HEADS QLD 4567
                     Corporate
                     Management
Lee-Ann Hay          Netanya Noosa             75 Hastings Street            NOOSA HEADS QLD 4567
                     Management Pty Ltd
RE Appleby           Canchester Pty Ltd        PO Box 225                    MANSFIELD VIC 3724
PJ & MJ Egan                                   34 Allambi Terrace            NOOSA HEADS QLD 4567




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Page 17

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                      17


                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
   1
        Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
       instrument)                                                            or cancel a condition of a development approval.


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Page 18

NOOSA COUNCIL IDAS Development Application Decision Notice                                      18

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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