Court Order approved extension of currency 2013 · 132008.176

Page 2

To:

CBD Settlers Cove Pty Ltd
c/- Its solicitor

Gantt Legal

PO Box 1207

BUDDINA QLD 4575

And to:

Sunshine Coast Regional Council

Council Reference 2008/176

Locked Bag 72

SUNSHINE COAST MAIL CENTRE QLD 4560

And to:

Department of Environment and Resource Management
DERM reference CA0312NAM0032_SC14010

PO Box 573

NAMBOUR QLD 4560

 

 

Page 3

In the Planning and Environment Court Originating Application 190 of 2013
Held at: Maroochydore

Between: CBD Settlers Cove Pty Ltd Applicant
ACN 114 192 773
And: Sunshine Coast Regional Council Respondent
JUDGMENT

Before His Honour Judge Robertson
Date of Hearing: 6 December 2013
Date of Order: 6 December 2013

THIS MATTER HAVING on 6 December 2013 come on for hearing by way of application
asking under section 369 of the Sustainable Planning Act 2009 to change conditions of a
development approval given by the Planning and Environment Court (held at Maroochydore) in
Appeal 178 of 2010 on 14 October 2011 being a development permit for a material change of
use for an accommodation building and multiple dwellings (109 units) in relation to land at 1
Serenity Close, Noosa Heads in the State of Queensland and more particularly described as
Lot 603 on SP188270.

UPON THE COURT BEING SATISFIED:

1. The requirements of the Sustainable Planning Act 2009 with respect to giving notice of
this application have been complied with.

2. The changes to the development approval applied for are permissible changes in that
the changes to the approval would not:

(a) result in a substantially different development; or

(b) if the application for the approval were remade including the change, require
referral to additional concurrence agencies;

 

  

JUDGMENT GANTT LEGAL
iled on behalf of the Applicant Level 22 69 Ann Street
li BRISBANE QLD 4000
1300 472 529
[email protected]

Contact lawyer:

Andrew Davis

0417 330 433
[email protected]

Page 4

(c) be likely to cause a person to make a properly made submission objecting to
the proposed change, if the circumstances allowed; and

(d) cause development to which the approval relates to include any prohibited
development.

IT IS ADJUDGED THAT:

3. The following conditions of a development approval given by the Planning and
Environment Court (held at Maroochydore) in Appeal 178 of 2010 on 14 October 2011
being a development permit for a material change of use for an accommodation
building and multiple dwellings (109 units) in relation to land at 1 Serenity Close,
Noosa Heads in the State of Queensland and more particularly described as Lot 603
on SP188270 attached be changed by:

(a) for condition 35 deleting:

35. The Development Permit for a material change of use lapses if the
use has not commenced by 8 April 2014, unless an application to
extend the currency in accordance with the provisions of the
Sustainable Planning Act 2009 is approved by the Council.

and substituting

35. The Development Permit for a material change of use lapses if the
use has not commenced by 8 April 2044 8 April 2017, unless an
application to extend the currency in accordance with the provisions of
the Sustainable Planning Act 2009 is approved by the Council.

(b) inserting a further condition 106 as follows:

106. A monetary contribution of $44,160 ($920 x 48 trees) must be
made to the Council for the off-set of 48 koala habitat trees in
accordance with the Policy for Offsets for Net Gain of Koala Habitat
in South East Queensland. The monetary contribution must be paid
within 12 months of this approval taking effect pursuant to the
Offsets for Net Gain of Koala Habitat in South East Queensland
Policy.

 

 

Page 5

4. That the registry of this Honourable Court serve a copy of this Judgment on the
applicant and that such service shall be deemed to be sufficient service for the
purposes of section 376(1)(a) of the Sustainable Planning Act 2009

5. That the registry of this Honourable Court serve a copy of this Judgment on the
respondent and that such service shall be deemed to be sufficient service for the
purposes of section 376(1)(b) of the Sustainable Planning Act 2009

6. That the registry of this Honourable Court serve a copy of this Judgment on the
Department of Environment and Resource Management and that such service shall be
deemed to be sufficient service for the purposes of section 376(1)(c) of the
Sustainable Planning Act 2009

  

Filed on: 6/12/2013

Filed by: GANTT LEGAL

Service address: Level 22 69 Ann Street BRISBANE QLD 4000
Phone: 1300 472 529

Email: [email protected]

 

Page 3

Page 6

In the Planning & Environment Appeal No. 178 of 2010
Court
Held at: Maroochydore

 

Between: KATE GARDINER Appellant

And SUNSHINE COAST REGIONAL Respondent
COUNCIL

FILED
_. MAROOCHYDORE

DISTRICT COURT
OF QUEENSLAND
. 82 NOV 201]

And CBD SETTLERS COVE PTY LTD Co-Respondent

 

|

Before His Honour Judge Robertson
Date of Hearing: 14 October 2011

Date of Judgment: 14 October 2011

THIS MATTER HAVING on 14 October 2011 come on for hearing by way of an appeal from
the decision of the Sunshine Coast Regional Council to approve subject to conditions a
development application (superseded planning scheme) for a development permit for a
material change of use for an accommodation building and multiple dwellings (109 units) in
relation to land at 1 Serenity Close, Noosa Heads in the State of Queensland and more
particularly described as Lot 603 on SP188270 (“development application”).

UPON THE COURT BEING SATISFIED:

1. The requirements of the Integrated Planning Act 1997 with respect to the
commencement of these proceedings have been complied with.

hae The requirements of the Integrated Planning Act 1997, with respect to the public
notification of the development application the subject of these proceedings have
been complied with.

IT IS ADJUDGED THAT:

3. The appeal be allowed.

4. The development application be approved subject to the following conditions
attached and marked ‘A’.

 

JUDGMENT IPA LAW PLANNING LAWYERS
‘Regatta Lake Commercial’
6 Innovation Parkway
Kawana Qld 4575
Telephone 07 5413 9700
Facsimile 07 5493 5037
[email protected]
Contact Cliff Wirz

 

Page 7

ny

02

 

Filed on:

Filed by: IPA LAW PLANNING LAWYERS

Service address: ‘Regatta Lake Commercial’ 6 Innovation Parkway Kawana Qid 4575
Telephone: 5413 9700

Facsimile: 5493 6037

 

 

 

Page 2

Page 8

oN

1 ASSESSMENT MANAGER CONDITIONS

Approved Pians

1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved pians are prepared by DBI Design Pty Ltd
and are listed in the following table:

    

 

 

 

___PlanNo. | Rev. —Plan/DocumentName Date i
| A-SD-1.100 G Site Plan Level 0 Basement Level 25 August 2009 /
ee el Campa
_ASD-1.401 | "Site Plan Level 1 Lower Ground Level 25 August 2009
Site Plan Level 2 Ground EntryLevel ss 25 August 2009

_Site Plan Level 3 _ 25 Aug

      
  

__ Site Plan Level 4 _.25 Aug

   
 

 

 

 

 

 

 

 

 

  

 

__ASD-1.105 G7 Site Plan Level 5 |
 A-SD-1.106 Roof Plan Level 5 J
_7z_| Elevations |
x -_ Elevations as
434 = Elevations 7 - |
and as may be amended by the conditions herein.
General
2 All relevant conditions of Development Permit 23118 DA and the approved Management
Plans for the site shall be complied with prior to the commencement of the approved use.
3. The units are to be used for short-term accommodation only and shail not be permanently

occupied or permanently let. The Community Management Statement for any Bodies
Corporate associated with the accommodation units shall Clearly state this requirement.

4, 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.

5. The buildings shall be finished in natural, muted tones. Architectural renderings
demonstrating compliance shall be submitted for Council approval prior to the approval of a
Development Permit for Operational Works.

6. Any deck or balcony areas shail not be fully enclosed with shutters, glass panelling or the
like, thus remaining open structures.

7. Any rooftop plant or mechanical equipment extending more than 1 metre above the roofline
shall be screened using lightweight screening materials that visually integrate with the
building design.

8. Balustrade materials visible from the street frontages shall be clear or translucent.
Amended Plans

9. Prior to the issue of a Development Permit for Operational Works amended plans shall be
submitted for Council Approval indicating:

a The 3 and 4" storeys of the development shall be amended to remove the
encroachment within the 10 metre setback to the Banksia Avenue frontage and at the
corner of Serenity Close and Banksia Avenue.

The basement car parking level adjacent the comer of Serenity Close and Banksia
Avenue shall be amended to provide a minimum 6m setback to the frontage to allow for
deep plantings to be established.

 

Page 9

Building Height

10.

11.

The finished height of the building, including any rooftop plant or structures, shall not exceed
15 metres above natural and finished ground levels.

A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by either the conditions of approval or the
Planning Scheme.

Operating Hours & Deliveries

12.
13.

14.

The restaurants and bar are to operate between the hours of 6am and 12pm only.

Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to
Saturday and 8am to 5pm Sunday only.

Service vehicles shall not attend the site outside the hours of 8am to 5pm.

Vegetation

15.

16.

17.

18.

 

Existing trees on the site and within road reserves are to be retained except where required
to be removed due to building operations, requirements of the approved Settler’s Cove
Management Plans or the conduct of the approved use.

The Koaia and Glossy Black Cockatoo habitat trees identified for retention on plan L-SD-
1.01 (Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.

The existing Koala and Glossy Black Cockatoo habitat trees and any other trees within
setback and open space areas to be retained must be protected. As building works are
likely to impact the trees’ root zones, a qualified Arborist (having a minimum Diploma of
Arboriculture or ISA certification and a minimum of three years’ field experience) must be
contracted to prepare a Tree Management and Protection plan and shall:

a. oversee installation of a hard temporary protection zone prior to commencement of
works with ‘no go’ signage in accordance with AS 4970-2009. All site workers must be
inducted in relation to the tree protection;

b. supervise any works within the temporary protection zone;
undertake hazard reduction and formative pruning as necessary; &

provide certification that the trees were protected in accordance with the Arborist’s
recommendations.

The Tree Management and Protection Plan Shall be presented prior to or at the pre-start
meeting for the site.

The Arborist shall monitor the health and structural integrity of the trees to be retained at
least monthly during the construction period and quarterly for 12 months after construction is
completed. The developer shall rectify any decline in the health or structural integrity of the
trees, in accordance with the Arborist’s recommendations.

Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-

a. Re-use for building materials.

b. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.

Disposal for firewood.
d. Disposal for landscaping purposes.

Page 2 of 13

Page 10

    

e, Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.

The disposal method for clearing works is to be submitted in conjunction with an application
for a Development Permit for Operational Work. The Applicant is advised that other methods
may be considered provided full details of the method are submitted.

The Applicant is advised that burning off is an unacceptable method of disposal.

18A. Vegetation clearing shall not occur prior to the obtaining of operational works approval and
building approval and not more than 3 months prior to the commencement of works approved
by the operational works approval and building approval.

Fauna Spotter

19. The Applicant must conform to the requirements of the Fauna Management Plan Seitler's
Cove Development Pty Ltd, May 2005, (or later updated and approved versions) and
implement particularly section 3.4, and section 4.2. A fauna spotter shall be employed to
oversee the removal of any native trees within the site. Prior to felling or lopping all trees are
to be checked for wildlife (eg. koalas, cockatoos, possums). If wildlife species are present,
the tree shall not be felled or lopped until the wildlife has left the tree.

Landscaping

20. 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 prepared bya
suitably qualifies Landscape Architect or Horticulturalist. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter. The
Landscaping Plan shall include the following:

a. Koala and Glossy Black Cockatoo food trees in accordance with the associated
Environmental Protection Authority (EcoAccess) approval conditions for the site and the
approved Settler's Cove Ecological Restoration Plan and Landscape Master Plan.

b. Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
landscape plans and installed on existing trees to be retained.

c. Vegetation to adequately screen and provide filtered views of the development, including
as viewed from Serenity Close and Banksia Avenue, and shade hardscaped areas, with
plantings to include significant canopy trees.

d. A minimum of twenty-five (25) native trees of a minimum bag size of 400L to replace
existing trees to be removed the site’s frontage.

e. Street trees to the frontage of the site at appropriate centres and to provide shade to any
existing pathways.

f. Replanting of street trees to median islands with Serenity Close where affected by the
development entrance/exit works; and

g. Details of any proposed fencing.

h. Koala friendly fencing and climbing poles to retaining walls to allow access to food trees
and through the site, where appropriate.

i. Fencing to exclude koalas from pool areas, escape measures for pools and any other
identified koala friendly measures.

Fencing

21. Any fencing provided in conjunction with the development is to be set back at least 1 metre
from the road frontage with at least half of any fence set back 2 metres. Dense landscaping
is to be provided between the road frontage and any fencing.

Signage

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

x
f ”. Page 3 of 13

Page 11

23. Construction signage, including that on hoardings and shade cloth but not including statutory
safety signage, shall not exceed a total of 20m* for the site. Tower cranes shall not include
advertising signage or unnecessary lighting.

Bicycle Parking

24. Secure bicycle racks shall be provided on site to accommodate a minimum of 28 bicycles.
The cycle parking rack is to be made available for customers and staff of the retail premises
at all times during business hours.

End-of-Trip Facilities
25. End of trip facilities shall be provided for staff and shall include:
a. a minimum of eight (15) lockers; and

b. a minimum of three male and three female shower cubicles with ancillary change
rooms.

Aternative Transport

26. A shuttle bus with a minimum of 22 seats shall be provided and operated in conjunction with
the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
Details of the proposed operation shall be submitted for Council approval prior to the issue of
a Development Permit for Operational Works.

27. A minimum of 10 motor scooters shall be made available for use by resort guests, the
provision of which may be via a service agreement with a hire company

Energy & Water Efficiency

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

29. All new kitchen, laundry and bathroom fittings shall 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 41.2), or
current equivalent standards as may apply, with toilets to comply with the AAAA Water
Conservation Rating System. All new 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.

Community Management Statement Requirements

30. The Developer and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the
EMP shall be referenced in any community management statement over the site.

31. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement.

Development Permits

32. 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.

Compliance Bond

33. Security in the form of a cash bond or trading bank guarantee for 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.

Page 4 of 13

 

Page 12

 
   

34. 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.

Relevant Period

8 April 2017
35. The Develo Permit for a material change of use lapses if the use has not commenced
by i , unless an application to extend the currency in accordance with the

provisions of the Sustainable Planning Act 2009 is approved by Council.
Lot Amalgamation

36. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the
Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
Council prior to the issue of the Development Permit for Operational Works.

Vehicle Access

37. Vehicular access to the development shall be provided from the Serenity Close frontage of
the site generally in accordance with the architectural plans prepared by DBI Architecture
titled Development Application — RFI dated September 2009.

38. The 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 step or level difference. Should any driveways
be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1 989,
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.

39. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS/NZS 2890.1, section
3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on the
plans submitted for both Operational Works approval and Building Works approval.

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

41. Vehicle egress from the basement car park shall be amended to provide an adequate
turning path for vehicles exiting onto Serenity Close.

42. The manoeuvring area in the porte cochere area shall provide adequate space for vehicles
exiting the basement car park to pick up passengers from the Central Facilities building
entrance.

Loading Areas

43. Loading areas shall be provided on site generally in accordance with the architectural plans
prepared by DBI Architecture titled Development Application — RFI dated September 2009.

Car Parking

44. Car parking for a minimum of 263 cars shall be provided within the site generally in
accordance with the architectural plans prepared by DBI Architecture titled Development
Application — RF! dated September 2009.

45. A minimum of 80 car spaces shall be made accessible for staff, commercial customer and

visitor parking and shall not be dedicated for short or long-term residential parking. The

«community management statement for any or all bodies corporate having control of the
.. tesort or any part thereof shall incorporate this condition.

Page & of 13

Page 13

46.

47,

48.

49.
50.

A minimum of 28 motorcycle spaces (equivalent to 7 car spaces) shall be provided within the
site.

The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-
2004 for user class 1a for resident spaces and user class 2 for visitor and function centre
Spaces 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 each level 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 car parking shall be kept, maintained and line-marked in a condition fit for use.

All staff car park 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

51.

52.

53.

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) where
possible to allow 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.

Where retained tress are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling
works will need to incorporate terracing around the tree or a similar means of ensuring that
the natural ground level around the trees remains generally the same as existing. These
measures shall clearly be shown on the plans submitted for Operational Works approval and
any drainage required to drain these areas shall also be shown on the plans.

Roadworks

54,

All modifications to the existing median necessitated by the development shall be designed
and constructed in accordance with Council's Planning Scheme Policy 5 — Engineering
Design Standards — Roads, Drainage and Earthworks.

In this regard a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.

Frontage Works

55.

56.

Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close and Banksia Place frontages of the site in accordance with Planning Scheme
Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.

All redundant vehicular crossings to the site shall be removed and teplaced 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.

Roof Water & Stormwater Drainage
57.

   

Roof runoff from any new building shall be directed to a rainwater storage system or tank
that is installed to ensure water from the rainwater storage system or tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features,

‘s topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in

Page 6 of 13

Page 14

washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC) current at the time of
building approval, and shall be part of the plumbing application for approval. The location
and capacity of the tanks shall be clearly shown on the plans submitted for Building
Works/Operational Works approval and any overflow shall be directed to the stormwater
drainage system.

58. A stormwater management plan and stormwater management design must be submitted to
Council for approval prior to obtaining a Development Permit for Operational Works. The
stormwater management pian and stormwater management design must be prepared by a
RPEQ, specialising in stormwater and water quality management incorporating the principles
of the relevant approved Management Plans as described in Decision Notice 23118 DA.
The stormwater management plan and stormwater management design must demonstrate
water reuse strategies, infrastructure capacity and effective treatment methodology. The
use of rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall
design plans. The following information is required to be submitted with the stormwater
management plan and stormwater management design submitted with the application for
Operational Works Approval:

a. An Audit report which confirms that the stormwater design achieves all criteria and
actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density
Environmental Management Plan by WBM dated 25 July 2007;

b. Confirmation from an RPEQ that the sites proposed stormwater management measures
will provide for infiltration into the sand subgrade without runoff for storms up to a 10
year Average Recurrence Interval;

The location for any required oil and sediment traps; &

MUSIC model results that demonstrate that the site will achieve the pollutant reduction
targets required by the Water Sensitive Urban Design Technical Design Guidelines and
the following water quality criteria:

i. Total nitrogen levels — 0.34 mg/l; &
ii. Total phosphorous levels — 0.035 mg/:

59. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.

60. To ensure that polluted run-off does not enter the water table, the adjoining waterways or
Council's stormwater drainage system, stormwater run-off from the car parking areas and
the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in
a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to
discharge into the larger 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/gross pollutant trap.

To this ehd, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to
obtaining a Development Permit for Operational Works.

The approved maintenance plan shall be incorporated in the Community Management
Scheme for the development and a copy of this shall be provided for Council's records prior
to commencement of the approved Use.

61. 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.

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

Page 7 of 13

 

Page 15

63.

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 / Town Water Supply

64.
65.

66.

67.

68.

69.

70.

71.

72.

73.

Reticulated water supply and sewerage must be provided to the development.

Construction activities must not impede the access of Sunshine Coast Water or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers)

The fire-fighting demand on Council's water supply system from the development must not
exceed 30 litres per second.

A single Council installed primary water meter must be provided immediately inside the
property boundary. Additional water meters must be installed for each title of a community title
or sub-lease scheme. Meters must be Council approved, installed in accordance with Council
requirements and remain accessible at all times for reading and maintenance purposes.

Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres
from Council sewer mains, and 1.0 metres from sewer manhole chambers and inspection
openings.

Storm water retention systems, gross pollutant traps and bio-retention basins must maintain a
minimum clearance of 1.5 metres from Council water supply and sewerage infrastructure.

Landscape planting within 1.5 metres of Council sewerage infrastructure must be Council
approved varieties and low growing when mature.

The level of the existing sewer manholes must be adjusted to suit the proposed finished
surface levels. Work must be undertaken by Sunshine Coast Water at the applicants cost.

Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres from
water supply infrastructure must be Council approved varieties and low growing when mature.

Construction works undertaken in the vicinity of Council water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.

Service Easements (Sewer / Stormwater)

74,

75.

76.

A 3.0 metre wide easement must be provided over all Council sewers located in privaie
property that are not covered by an existing easement. A 4.0 metre wide easement must be
provided over Council sewers greater than 3.0 metres deep (where approved by Council).
Easements must be located centrally over the main.

A registered easement shall be created over any stormwater drainage pipes within the site that
collect stormwater from a Council road or convey stormwater from any adjoining property (for
example, where drainage pipes are provided within the site to prevent adjacent properties from
additional ponding/flooding due to the subject site being filled).

No building or other structure shall be constructed or encroach into an easement.

Construction Issues
77.

 

A Traffic Management Plan for the each construction phase of the development shall be
submitted to and approved by Council at least 5 working days prior to the commencement of
any Building works or at least 5 working days prior to the pre-start meeting for Operational
Works. The Traffic Management Plan shall be referred to the Divisional Councillor for
comment before approval and shall include but not be limited to:

Page 8 of 13

Page 16

78.

79.

80.

a. 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.

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

indicate the location of loading and unloading areas.

Indicate the location of any “holding” areas for heavy vehicles, and

Operating hours.

Maintaining clear pedestrian access around the site at all times.

"ooo

Construction staff shall not park on Serenity Close or elsewhere on-street, Parking shall either
be on site, an adjacent vacant site or at a suitable off-site location serviced via a shuttle bus,

A detailed Condition Survey must be carried out on existing structures, services, adjacent
buildings and roads prior to any excavation or construction works taking place on site. If
distress already exists, a photographic survey should be undertaken, the distress measured
and a plan to monitor changes to distress shall be implemented. Remediation of any damages
caused by construction of this development shall be undertaken within 3 months of the
completion of substantial works for this development.

Any significant dust and dirt accumulating on adjoining buildings as a result of this
development shall be removed at the end of substantial works if requested by the affected
bodies corporate.

Earthworks

81.

82.

83.

84.

Filling works required on site shall be carried out in accordance with Council's Planning
Scheme Policy PSP5 — Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.

Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
in this regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.

Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.

All major excavations (including the basements and driveways) shall be shored to prevent
batters extending into areas and vegetation to be retained. All tress to be retained shall be
adequately tagged to Council's satisfaction and enclosed with a barrier fence to the drip line to
prevent damage.

Acid Sulfate Soils

85.

As the site is located below the 20m AHD and above the 5m AHD, any excavation works
consisting of 100m3 or greater which extends below 5m AHD must be carried out in
accordance with State Planning Policy 2/02 Planning and Managing Development Involving
Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared
by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.

Site Stability

86.

  

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/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
: Page 9 of 13

Page 17

Erosion and Sediment Control

87.

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.

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.

Contributions Towards Council Infrastructure

88.

The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:

a. Planning Scheme Policy 12 — Public Open Space Contributions;
Planning Scheme Policy 13 — Contributions in Lieu of Off Street Parking;
Planning Scheme Policy 16 — Sewerage Headworks Contributions;
Planning Scheme Policy 17 — Water Supply Headworks Contributions;
Planning Scheme Policy 20 — Pathway Trunk Network Contributions;
Council Policy — Rural Roadworks Contributions; &

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g. Council Policy - Master Drainage Contributions.

For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.

The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.

General

89.

90.

91,

92.

93.

94.

 

Any Building Format Plans (or similar) submitted for Council approval must be accompanied
by the relevant Community Management Statement (or similar) demonstrating compliance with
the conditions of this approval.

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 designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational Works
in respect of roadworks and stormwater drainage works. The design shall be in accordance
with Council's Planning Scheme Policy PSP05 — Engineering Design Standards — Roads,
Drainage and Earthworks. 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).

A construction management plan/strategy to ensure no damage occurs to Council services
shall be prepared by a suitably qualified Registered Professional Engineer and submitted to
Council in conjunction with any application for Operational Works.

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.

Page 10 of 13

Page 18

95,

96.

97.

98.

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.

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.

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. Ail 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 ADAG
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.

Refuse

99.

100.

  
 

 
  
 
 

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The developer shall provide waste and recycling storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”. The Waste Management Plan of Mark Rigby and Associates dated
February 2009 is not approved in its entirety. An amended Waste and Recycling Management
Plan (Operational) must be submitted for the day-to-day operation of the development and
approved by Council's Waste and Resources Management Branch prior to issue of
development permit for operational works. The amended plan shall include amongst other
things —

a. Further details of the waste and recycling collection area on the south side of Building A
to show:

i, Full dimensions of the overall area and its likely increase in size to accommodate
the required bins.

ii. The number and types of bins stored there.

iii. | The vehicle movement paths of the different general refuse and recycling vehicles
which must comply with the turning circles of AUSTROADS: design single unit
truck/bus (12.5m) template. This must allow easy and safe collection for both front
and rear loading and allow the required height clearance.

b. The nine waste and recycling storage areas throughout the resort and residential
buildings and the external waste and recycling collection storage area are all to be
provided with their own individual bin washing facilities.

G The waste and recycling storage areas shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste,
paper/cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc.

d. The proposed separate refuse chutes (general refuse and recyclables) must be provided
in accordance with Council's Policy for "Refuse Chutes and Accessories in Multi Storey
Buildings”. The recyclable chutes in Buildings A — C are to be used in the same way as
Buildings D —G.

A Construction Waste Management Plan shall be submitted and approved by Council's
Waste and Resources Management Branch prior to issue of a development permit for
operational works. Waste Management Plans are required to be in accordance with Planning

Scheme Policy 11, Waste Management Plans see table below. Waste storage areas are to

provide for adequate separation of all reusable, recyclable and waste materials. These shall

Sn
2 Page 11 of 13
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Page 19

be located so that they are convenient and safe to use (refer to Noosa Council Waste
Management Code).

The Plan shall contain the following information:
a. The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.

b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled — reused or disposed.

 

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 or

(m?) re-use or on-site and recycling outlet | other disposal site
recycling methods

 

Excavation material

 

Green waste

 

Bricks

 

Concrete

 

Timber-please
specify

 

Plasterboard

 

Metals - please
specify

 

Asbestos

 

Other - please
specify

 

 

 

 

 

 

Noie * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.

 

 

The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Additionally Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill some items are free.
Higher gate fees are charged for loads of mixed waste.

 

Trade Waste

101.

102.

103.

 

The drainage system from all business that are likely to discharge trade waste must comply
with Council's Trade Waste Policy and Sunshine Water’s guidelines for accepting trade
waste into the sewer. All appropriate trade waste permit and/or agreements must be applied
for and issued prior to the discharge of any trade waste to the sewer.

Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration

a. 7am to 10pm: Maximum background + 5dB(A)

b. 10pm to 7am: Maximum background + 3dB(A)

Pumps

c. 7am to 7pm: Maximum background + 5dB(A)

d. 7pm to 10pm: Maximum background + 3dB(A)

e. 10pm to 7am: No audible noise. :

Written certification from a suitably qualified person shall be submitted confirming that the
noise levels from all mechanical equipment 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.

Page 12 of 13

 

Page 20

The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.

Note: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is
best located. They can also advise about noise enclosures and can make other suggestions
to avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.

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

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

Communication with existing residents

105. The developer shall institute a fortnightly communication with residents within Serenity Close
to advise of construction progress and works to be undertaken in the coming fortnight.

106. A monetary contribution of $44,160 ($920 x 48 trees) must be made to the Council for
the off-set of 48 koala habitat trees in accordance with the Policy for Offsets for Net Gain of
Koala Habitat in South East Queensland. The monetary contribution must be paid within 12
months of this approval taking effect pursuant to the Offsets for Net Gain of Koala Habitat in

South East Queensland Policy.

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