Minor Change Existing Approval 132004.5744.11

Officer: 	Blake Coulston
Direct Telephone: 	07 53296420
Our Reference:	132004.5744.11
Your Reference:	M1717P
24 February 2021
Country Club Villages Pty Ltd
C/- JFP Urban Consultants Pty Ltd
T1. 209 Kon-Tiki Business Centre
55 Plaza Parade
MAROOCHYDORE QLD  4558
[email protected]
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 December 2020, requesting a minor change to an existing development approval. Council on 23 February 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132004.5744.11
Street address:	35 Walter Hay Dr Noosaville Qld 4566
Real property description:	Part Lot D SP 215280
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 22 September 2005
A.	Note that the proposed development is contrary to the current Planning Scheme, but is in accordance with the draft Noosa Plan which is at an advanced stage.
B.	Approve the application and grant a Development Permit, subject to conditions.
C.	Adopt a consequential amendment to the planning scheme by excluding Lot 2 on SP 162077 from the Residential Single Unit Zone and include the lot in the Special Facilities (Retirement Community) zone, after the approval takes effect.
In relation to the request to make a minor change to the existing approval, Council on 23 February 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
Amend condition 38
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered:
Revised Site Plan, prepare d by Greg Gibbs 1519 WD01, December 2015
Road Network & Parking 0379 SK04C dated October 2004,
Drainage Design 0379 SK 05B dated October 2004,
Proposed Site Plan, Drawing No TP‐01 Rev P1 dated 03 December, 2020 and prepared by Select Architects;
Proposed Ground Floor Plan (Building A), Drawing No TP‐02 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed First Floor Plan (Building A), Drawing No TP‐03 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Roof Plan (Building A), Drawing No TP‐04 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Elevations (Building A), Drawing No TP‐05 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Ground  Floor  Plan (Building  A),  Drawing  No  TP‐06  Rev  P1  dated  16 May  2017  and  prepared  by  Select Architects;
Proposed First Floor Plan (Building B), Drawing No TP‐07 Rev P1 dated 10 November, 2020 and prepared by Select Architects;
Proposed Roof Plan (Building B), Drawing No TP‐08 Rev P1 dated 10 November, 2020 and prepared by Select Architects;
Proposed Elevations Sheet 1 (Building B), Drawing No TP‐09 Rev P1 dated 01 June, 2017 and prepared by Select Architects;
Proposed Elevations Sheet 2 (Building B), Drawing No TP‐10 Rev P1 dated 01 June, 2017 and prepared by Select Architects.
Community Centre Floor Plan 0379 SK CC‐1A dated November 2004,
Community Centre Elevations 0379 SK CC‐2A dated November 2004,
Type A Villa 0379 Villa A Issue A dated November 2004,
Type B Villa 0379 Villa B Issue A dated November 2004,
Type C Villa 0379 Villa C Issue A dated November 2004,
Type D Villa 0379 Villa D Issue A dated November 2004, and
Type E Villa 0379 Villa E Issue A dated November 2004; prepared Greg Gibbs Architects;
Landscape Concept Plan ‐ LA 01 Sheet 01 of 01 Issue B dated June 2001; and
Landscape Concept Plan ‐Entry LA 01 Sheet 01 of 01 Issue B dated June 2005, prepared by Land Graphics;
The Singleton Floor Plan, prepared by Greg Gibbs 1514 WD02, December 2015
The Singleton Elevations, prepared by Greg Gibbs 1514 WD04, December 2015
The Singleton Site Plan + Finishes, prepared by Greg Gibbs 1514 WD01, December 2015
All buildings shall include a roof pitch no less than 12 degrees, with roof overhangs a minimum of 600mm wide, apart from the following:
2.1	elevations, which do not front an internal street or front the rear outdoor living areas;
2.2	areas shown as flat roofs on Drawings 0379 SK AB-04 & 06 and 0379 SK SAB-02A & 03A prepared by Greg Gibbs Architects.
Sunhoods shall be provided over all windows facing north, west and east on the ground floor of 2 storey buildings.
Deleted.
Buildings shall vary in design, colour and finishes, with building finishes to vary in texture, detailing and the like.  A scheme detailing the colour and building finishes shall be submitted to Council prior issue of a Development Permit for Operational Works.
Broad expanses (15m2 or more) of high contrast shades of white or bright colours or pasts on external walls shall be avoided.
Soft landscaping (planting) shall be provided over a minimum of 20% of the site area.
A minimum of 1 covered car parking space shall be provided for each of the ‘Villa’ dwelling units and ‘Building A’ and ‘Building B’.  The covered car parking spaces shall be in proximity to the dwelling units to the reasonable satisfaction of the Council’s delegate.
The community centre shall be for residents of the retirement village and their visitors.  The community centre shall not be for use by the general public.
The caravan/boat storage parking area and the visitor parking, bin storage to Walter Hay Drive shall maintain a 2 metre landscaped setback from Walter Hay Drive North at a minimum.
All buildings shall maintain a 15 metre setback to the site’s frontage to Walter Hay Drive North and Eenie Creek Road, apart from the depot building, which shall be setback a minimum of 6 metres from the front boundary to Walter Hay Drive North.
The proposed development shall comply with the noise management strategies contained in the report “Noise Assessment Report Retirement Village corner Walter Hay Drive and Eenie Creek Road, Noosa – Report No. 507 – 611 Revision 2” prepared by Noise Measurement Services, dated 16 June 2005 and include a 2 metre high acoustic barrier constructed along the complete length of the site frontages adjacent Walter Hay Drive.  Heights of this acoustic barrier are to be relative to the finished level of the unit’s minimum floor level with a minimum superficial mass of 15 kg/m2.
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with the noise condition.
All hot water systems installed shall be either solar systems; electric heat pump systems or gas systems (LPG or natural).
To meet the needs of people across a range of abilities and ages and be adaptable for the changing needs of people over time, all dwelling and accommodation units shall include the following:
Are wheel chair accessible;
Are accessible by a lift for those units located above the ground floor;
All doors are a minimum of 870 mm wide; and
Hallways are a minimum of 1.2m wide; and
All entries into the dwelling unit and internal doorways, have no more than a 10mm change in level; and
Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached along an accessible path; and
A window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow a seated person to look out of and open and close the window; and
All power points are placed up from the floor (minimum 600mm) and out from the corner (minimum 500mm) to facilitate disabled access.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level and the maximum building height above the finished ground level, required by the provisions of the Planning Scheme.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation rating System as defined by the AS/NZS 6400 (Water Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (national Plumbing and Drainage Standard part 1.2), with toilets to comply with the AAAA Water Conservation Rating System.  All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.  Dishwaters and washing machines are excluded from this requirement.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan and prepared by a suitably qualified landscape architect or horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Landscaping shall be provided in the road reserve and shall include vegetation to screen any fencing (including sound attenuation fencing) along Walter Hay Drive North.  This landscaping shall maintain required visibility for traffic and pedestrians.  All fencing shall be located in a manner to avoid existing trees and shall be setback a minimum of 2 metres to the road frontages, apart from where constructed on the existing block retaining wall and to Eenie Creek Road frontage where located along the top of the landscaped mound.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained and address the completion of the vegetated buffer required to Walter Hay Drive North and Eenie Creek Road.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
The relevant period for the Development Permit for a material change of use of premises shall be in accordance with the Integrated Planning Act 1997.

Building Services
The swimming pool is to be contained within complying pool enclosures. Direct access from any dwelling unit or building to the swimming pool or spa is not permitted
Land Development
River Flooding
All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only all buildings should have a Minimum Floor Height of RL 2.5m (AHD), although garaged areas utilised for carparking purposes associated with the residential use may be reduced by 0.3m.  These levels however are subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
Vehicle Access
No right turn access to the development from Walter Hay Drive is permitted.  A vehicular access driveway to service the development shall be constructed from the Walter Hay Drive North frontage of the site with a minimum width of 6.0m.
No right turn exit from the site will be permitted.
The gate shall be located far enough from the frontage to allow appropriate queuing for vehicles awaiting gate opening so they do not affect traffic movements on Walter Hay Drive North.  The gate must also be positioned so that refuse vehicles and vehicles that mistakenly enter the site can do a simple manoeuvre to leave the site.
All internal roads and driveways shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath areas shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
A vehicle access easement shall be created over the proposed access driveway that gives the Council (cars that mistakenly enter the site to exit) and refuse vehicles access to collect refuse.  The easement shall cover all the area required on site for manoeuvring and also ensure that the vehicles can leave in a forward direction and shall benefit Council and burden Lot 2 on SP 162077.
In this regard, plans submitted for Operational Works approval shall accurately show the location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Internal Roads and Driveways
Internal Roads and Driveways shall be in accordance with Plan - Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects, except as modified herein.
Privacy screens and landscaping that are proposed will need to be clear of visibility splays required for the speed environment proposed.
Loading Areas
Loading zones and the Village bus space shall be constructed in accordance with Plan - Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects, except as modified herein.  They shall be sized for Small Rigid Vehicles as required by AS2890.1-2004.  These spaces shall be sign posted to indicate they are loading zones and bus parking.
Off Street Carparking
Carparking shall be provided within the site as shown on Plan – Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared by Select Architects, except as modified herein.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
The proposed turning areas at the end of the aisles shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection
All vegetation that exists on site at a level of RL 3.5m (AHD) or higher along Eenie Creek Road (ECR) and Walter Hay Drive North frontages is to be retained to act as a natural vegetative strip and provide screening for any development (with the exception of vegetation needed to be removed for the car spaces located in the ECR mound).  Also vegetation in the drainage area to the east of the site is to be retained except for weed removal.  In this regard, the applicant is required to clearly delineate areas of vegetation not to be removed on the whole parcel, and submit a plan showing the areas of vegetation to be protected prior to the commencement of any works on site.
A 15 metre vegetated strip is to be planted along the Walter Hay Drive North road frontage of the site, comprising a densely vegetated drainage swale 10 metres in width and a further 5 metres of dense vegetation further within the development.  To this end, vegetation is to comprise remnant vegetation having a level of RL 3.5m (AHD) or higher and rehabilitated vegetation comprising species endemic to the immediate area densely planted to provide a complete visual screen to any development within proposed Lot 2.
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.

Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Walter Hay Drive North frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new 2.5m wide concrete path shall be constructed along the Walter Hay Drive North frontage of the site from the pedestrian refuge north to the end of the property in accordance with Council’s design standards and to an alignment that protects any underground services.
Pram ramps shall be installed at the intersection of the pathway with the new access in accordance with Council’s Standard Drawing 9006.  Where the pathway desire line crosses splitter islands the path will be at road level.
All pathways and pram ramps (internal and external) shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Pathway Contributions
A pathway contribution of $49,774 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Undergrounding Power
The power supply both external and internal shall be underground.  This work shall be at no cost to Council.
Stormwater Drainage
All stormwater drainage from the site shall be collected on site and discharged generally in accordance with Plan - Drainage Design 0379 SK 05B dated October 2004 prepared by Greg Gibbs Architects, so there is no net increase in stormwater runoff from the site up to a Q100 event.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Roof runoff from any new dwelling unit or apartment shall be directed to a rainwater storage system or tank (minimum storage 1400 litres per dwelling unit (villa) and 1000 litres per service or non-serviced apartment) that is plumbed to service the toilets in the new dwelling and landscaping areas.  The design of the rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
Overflows from rainwater tanks may be discharged into the gravel drains proposed.
An approved maintenance plan for the treatment system shall be incorporated in the Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
All site stormwater drainage shall be by means of a gravity system.
Sewer and Water
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
All internal water and sewerage reticulation to be designed and constructed in accordance with Noosa Shire Council Engineering Design Guidelines (PSP6).
A concept plan detailing proposed internal water and sewer reticulation network is to be submitted for approval prior to preparation of Operational Works Drawings.
An application for Operational Works, Water Supply and Sewerage detailing proposed internal water supply and sewerage reticulation works is to be lodged with Council in respect of the proposed development.
After completion of internal water and sewerage reticulation, all works shall be considered as “private sewers and water mains” and responsibility for operation and maintenance shall be the property owners.
The water connection to the water reticulation system shall extend to the property boundary and be metered.
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
The existing sewer rising mains that is located in the adjoining road reserve at the north of the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
Service Easements
If not already in place, a registered easement shall be created over any stormwater drainage systems within the site that collect stormwater from a Council road or convey stormwater from any adjoining property.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and any easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Headworks Contributions
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 June 2005 until the date of payment.
Water Supply	$419,854
Sewerage	$258,718
TOTAL	$678,572
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.

Earthworks
Fill shall be compacted to the requirements of AS3798-1996 ‘Guidelines on Earthworks for Commercial and Residential Developments’.  Any existing fill that does not meet the requirements of this standard shall be removed prior to additional filling or building works commencing.
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification and make recommendations on the type of foundation system(s) best suited for the proposed development.  This information shall be submitted to the Council for assessment and approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
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
Prior to works commencing contractors shall submit a Traffic Management Plan showing measures to be put in place during construction for approval by Council’s Works Directorate.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.  Particular care shall be exercised when working near the rising main in the road reserve to the north of the site.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
Environmental Health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
A clinical waste service provided by a licensed clinical waste contractor must be provided for the activities.
The development must allow refuse-loading areas to be located off street.  All vehicles associated with the collection of waste/recyclables, shall enter and leave the site in a forward direction.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-day operation of the complex and approved by Council’s Environmental Health Section prior to issue of development permit for operational works.  The Plan shall include the following information: -
85.1	The types of waste that will be generated from the activities approved within the development.
85.2	Estimated volumes or tonnage of recyclables within the generated waste stream
85.3	Estimated volumes or tonnage of waste generated from the activities.
85.4	Methods to be used for dealing with garden waste.
85.5	Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
85.6	Description of procedures involving disposing of refuse to bins; the storage of bins and the collection of bins by the contractor and who is responsible for each transfer of the waste.
85.7	A description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and of prevention of storm water contamination.
85.8	A description of types and volume of waste storage containers to be used.
85.9	The waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putresable matter, non-recycling waste, paper and cardboard, glass, aluminium and steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities.
85.10 A detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
A Waste Management Plan (Demolition/Construction) in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall be submitted for the demolition and construction phases of the development and approved by Council’s Environmental Health Section prior to the issue of the development permit for operational works.  The Plan shall contain the following information:

MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application.
Noise emission from swimming pool and spa equipment (including heating equipment) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: Which is audible outside the most exposed part of an affected building
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Submission of written certification from a suitably qualified person confirming that the noise levels comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.  This is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Noise from building works associated with residential development shall comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
A lighting assessment prepared by a professional Lighting Consultant that addresses the proposed levels of illuminance to the external environment to prevent glare and other light nuisance to both on site occupants and sites beyond the boundaries, is to be submitted prior to the issue of the development permit for operational works.  The report is to include lighting for roads, access paths, security, bowling green, swimming pool, and Community Centre and show compliance with Australian Standards AS-1158 - Lighting for Roads and AS 4282 - Control of Obtrusive Effects of Outdoor Lighting.
All refrigeration plant including motors, should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste and shall comply with the following:
A Trade Waste Permit shall be obtained prior to the discharge of trade waste to Council’s sewerage system.
All trade waste requirements complying with Council’s Trade Waste Policy and including pre-treatment devices, must be shown on hydraulic plans submitted to Council for approval prior to issuing the development permit for building work.
Vehicular access shall be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and leave the site in a forward direction. Where access is restricted, a pump out line to an approved location is required.
Trade waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
Bin wash down areas exceeding 600mm square shall be roofed with the floor falling to a bucket trap waste gully, before entering Councils sewerage system.  Council’s Trade Waste Officer to meet with developer to discuss future uses of the premises.
referral agencies
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $115,109. This amount will subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Referral to Queensland Fire & Rescue Authority would be required at the Building Application stage.
Where any food premises is to be included in the development, the following is required:
Plans and an application should be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards.
Toilets for customers and staff should be provided in accordance with the Building Code of Australia.  Obtain advice from a building certifier.
Plans and approval is required for any mechanical exhaust ventilation system which should comply with AS1668.  A certificate is required from the installer certifying the system complies with the Standard.
Licence and registration is required for any food premises listed in Schedule 1, Food Hygiene Regulation 1989, prior to use of those premises.
A detailed statement indicating the purpose of the food premises, type of food sold, proposed menu and number of persons served, is to accompany the plans approval application.
The operator of any beauty treatment and/or hairdressing business should comply with the Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances Services) Act 2003.
The development should be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building works	All Building Works
Development Permit for Operational Works	Landscaping, car parking, access, site civil works, stormwater drainage, frontage works, sewer reticulation (including new mains, relocations, diversions, pump stations and rising mains), water reticulation, site earthworks.
submissions
Not Applicable
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
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,

Blake Coulston
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 22 September 2005.
Negotiated Decision Notice – 15 December 2005 Change to conditions 2, 5, 12, 16, 20, 29, 47, 53 & 54; delete condition 4: refuse to change conditions 15, 58, 59
Decision Notice - Minor 132004.5744.004 – 28 January 2016 – Amend condition 1
Decision Notice – Minor – 132004.5744.09 – 30 August 2017 – Amend conditions 1, 8 & 38
Decision Notice – 132004.5744.11 – 23 February 2021; amend condition 1 & 38

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL