Council archive · source document
Recommendation - Noosa Iconic Panel - 010.2008.00001787.001 [As Published] · 132008.1787
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1787
Your Reference:
18 May 2009
Susan Pope
Acting Project Manager
Noosa Iconic Panel
PO Box 15009
CITY EAST QLD 4002
Dear Madam
Recommendation - Noosa Iconic Panel
Iconic Queensland Places Act 2008
I refer to Application No. 2008/1787 as detailed below and wish to advise that Council completed an
assessment of the development application on 14 May 2009.
Council’s recommendation is set out below.
1 APPLICATION DETAILS
Application No: 2008/1787
Street address: 9, 11, 13 & 19 Hastings Street, Noosa Heads
Real property description: Lots 4 & 5 RP 893438, Lots 0, 4 – 11, 14 – 17, 22 – 24 BUP
4864, Lots 0 & 28 – 39 SP 103607 & Lot 12 RP 908660
Planning Scheme: The Noosa Plan
2 COUNCIL’S DECISION DETAILS
The following type of approval is recommended:
Development Permit for Material Change of Use - Visitor Accommodation Type 4 -
Conventional, Entertainment & Dining Business Type 1 - Food & Beverages & Retail
Business Type 2 - Shop & Salon
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the recommended conditions.
4 COUNCIL’S RECOMMENDED CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are prepared by Arkhefield / Foster
Designs and are listed in the following table: -
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Plan / Rev. Plan / Document Name Date
Document
No.
sk1000 DA02 Site Plan – Arkhefield & Foster 2 February 2009
Designs
sk2000 DA02 Lower Ground Level Plan – Arkhefield 2 February 2009
& Foster Designs
sk2001 DA02 Podium Level Plan – Arkhefield & 2 February 2009
Foster Designs
sk2002 DA02 Level 1 Plan – Arkhefield & Foster 2 February 2009
Designs
sk2003 DA02 Level 2 Plan – Arkhefield & Foster 2 February 2009
Designs
sk2004 DA02-A Roof Plan – Arkhefield & Foster 1 April 2009
Designs
sk3000 Elevations 1 of 2 – Arkhefield & Foster 2 February 2009
Designs
sk3001 Elevations 2 of 2 – Arkhefield & Foster 2 February 2009
Designs
and as may be amended by the conditions herein.
General
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The accommodation units are to be used for short-term accommodation only and guests shall
not be accommodated for more than 12 weeks in any year. The Community Management
Statement for any Bodies Corporate associated with the accommodation units shall clearly
state this requirement. The units shall be let as a whole and not in multiple parts as a "multi
key" facility.
4. The buildings shall be finished in natural, muted tones as generally indicated on the
architectural renderings - Drawings SK001, SK002 and SK003.
5. Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or the like,
thus remaining open structures.
6. 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.
Amended Plans
7. Prior to the issue of a development approval for operational works for the site, amended plans
shall be submitted indicating the following:
7.1 deletion of the concrete columns and raised planter boxes to the Hastings Street
frontage;
7.2 a decrease in the structural bulk of the entrance awning to the Hastings Street entry to
the resort via a reduction in the concrete elements and addition of open or light weight
elements;
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7.3 an amended retail frontage to Hastings Street to retain the existing garden bed,
including retaining walls, containing the grouping of a Cupaniopsis anacardioides
(Tuckeroo), a Euroschinus falcatus (Ribbonwood) and an Alectryon coriaceous (Beach
Birdseye) located at approximately grid reference 10 along the Hastings Street
frontage;
8. The pergola structures to the main beach frontage are not approved. Full details shall be
provided with the landscaping plans to be submitted.
Building Height
9. The finished height of the building, including any rooftop plant or structures, shall not exceed
15 metres above natural and finished ground levels, with no more than a 12m presentation to
Main Beach.
10. 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.
Business Uses
11. The ground floor retail tenancies are to have a minimum of 50% transparent glazing fronting
the street.
12. All goods are to be displayed on site within the property boundaries and/or on the premises
approved for the use.
13. The retail tenancies are to operate between the hours of 7am and 9pm only.
14. The restaurants are to operate between the hours of 7am and 12pm only.
15. Business deliveries are to be undertaken between the hours of 6am to 7pm only.
16. Service vehicles shall not attend the site outside the hours of 8.00am to 5.00pm Monday to
Sunday.
Existing Vegetation
17. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations. In this regard, the grouping of a Cupaniopsis
anacardioides (Tuckeroo), a Euroschinus falcatus (Ribbonwood) and an Alectryon coriaceous
(Beach Birdseye) located at approximately grid reference 10 on along the Hastings Street
frontage of the site shall be retained within the existing garden bed.
18. The developer shall engage a qualified arborist to undertake a root crown inspection of the
three trees to be retained to the Hastings Street Frontage to confirm their health and provide a
Tree Protection and Management Plan addressing the measures necessary to retain the trees.
The root crown inspection report must be submitted and the Tree Protection and Management
Plan must be approved in writing by Council prior to any demolition or construction works
commencing on the site.
19. The mature trees within the Main Beach reserve area (identified as The Parade on Registered
Plans) are to be retained and shall be protected from construction impacts. Tree protection
procedures shall be undertaken in accordance with the Tree Protection and Management Plan
for the area as included in the Arbicultural Report prepared by Leaf & Limb Horticultural
Consultancy dated 29 January 2009.
20. A qualified arborist shall monitor the health and structural integrity of the trees to be retained at
both frontages. The monitoring shall occur 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.
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21. Security in the form of a cash bond or trading bank guarantee for the sum of $50,000 must be
submitted as security for the trees to be retained at both frontages 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 associated conditions of approval (and not before completion
of the 12 month monitoring period) less any costs incurred by Council in respect of enforcing
performance of this permit.
22. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
22.1 Re-use for building materials.
22.2 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.
22.3 Disposal for firewood.
22.4 Disposal for landscaping purposes.
22.5 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.
22.6 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.
Landscaping
23. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and shall be maintained at all times
thereafter. The landscaping plans submitted for approval shall include:-
23.1 The retention of the grouping of a Cupaniopsis anacardioides (Tuckeroo), a
Euroschinus falcatus (Ribbonwood) and an Alectryon coriaceous (Beach Birdseye)
within the existing sized garden bed and incorporating the existing retaining structures
adjacent to those trees.
23.2 A minimum of ten (10) native trees of a minimum bag size of 400L to replace existing
trees to be removed from the Hastings Street frontage of the site.
23.3 A minimum of two (2) native street trees of a minimum bag size of 400L to replace
existing trees to be removed within the road reserve to the Hastings Street frontage of
the site.
23.4 Vegetation to adequately screen and provide filtered views of the development and
shade hardscaped areas, as generally indicated on the submitted Landscape Concept
Plans prepared by LandGraphics and dated 1 Feb 2009.
23.5 Adequate screening vegetation to rooftop planter boxes.
23.6 A vegetated buffer between any pools or structures and the northern property
boundary along the Main Beach frontage.
23.7 Details of any pergola structures within the Main Beach setback area. Such structures
are to be lightweight open structures and shall not include concrete columns or the
like.
23.8 Garden beds and pathway connections within the public reserve to the Main Beach
frontage.
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23.9 Planting and maintenance regime details to address the ongoing health of all large
plantings (i.e. greater than 45L);
Public Access Path
24. The public beach access path shall remain open and accessible to the public at all times and
shall not include gates or the like.
25. The public beach access path shall link to the existing beach boardwalk to the north. Details
of the design shall be included on the landscaping plans submitted for approval.
26. Security lighting shall be provided to the public beach access path. Details shall be included
with the associated operational works application.
27. The feature art wall along the western property boundary shall be designed and constructed to
ensure it does not present a climbing / fall risk to the public.
Signage
28. Any advertising sign or device is to comply with Council's policies on advertising.
29. The public beach access path shall be clearly signed with a “Beach Access” directional sign.
30. Construction signage, including that on hoardings, shade cloth and tower cranes but not
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including statutory safety signage, shall not exceed a total of 4m for the site.
Bicycle Parking
31. Secure bicycle racks shall be provided on site to accommodate a minimum of 15 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
32. End of trip facilities shall be provided for staff and shall include:
32.1 a minimum of eight (8) lockers; and
32.2 a minimum of two male and two female shower cubicles with ancillary change rooms.
Outdoor Lighting
33. Any outdoor lighting with the potential to affect surrounding residential premises shall be
designed, installed, operated and maintained in accordance with AS4282 “The Control of the
Obtrusive effects of Outdoor Lighting”.
Fencing
34. Any fencing within the setback area to the northern, Main Beach frontage shall be of 50% open
or transparent construction.
Energy & Water Efficiency
35. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
36. 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 1.2), 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.
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Development Permits
37. 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
38. Security in the form of a cash bond or trading bank guarantee for the sums of $50,000 must be
submitted to secure performance of all conditions of this approval prior to the issue of a
Development Permit for Operational Works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
39. 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
40. The Development Permit for a material change of use lapses if the use has not happened by
14 May 2013, unless an application to extend the currency is approved by Council.
Lot Amalgamation
41. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act and 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
42. A vehicular access driveway to serve the development shall be constructed from the Hastings
Street frontage of the site with a maximum width of 5.5m within the Hastings Street road
reserve.
43. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming, whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
44. 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 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.
45. All vehicles shall enter and leave the site in a forward direction.
Car & Motorbike Parking
46. Carparking shall be provided within the site as generally shown on drawing number sk2000
dated 2 February 2009 by Arkhefield / Foster Designs, except as modified herein.
47. A minimum of seven (7) motorbike carparking spaces shall be provided within the site.
48. The operators of the development shall provide an ongoing 24 hour concierge service to
facilitate access to the basement carparking area and the valet parking service for guests of
the accommodation units.
49. The parking spaces associated with the accommodation units are to remain within a common
parking area under the Community Management Statement for any Body Corporate
associated with the accommodation units and shall not be separately allocated to any
individual unit.
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50. The car parking area must remain open and accessible to patrons and staff during business
hours, with security gating only activated outside of business hours.
51. Proposed disabled car spaces 45 and 46 as shown on drawing number sk2000 dated 2
February 2009 by Arkhefield / Foster Designs shall be dedicated as the valet drop off and
collection spaces.
52. Proposed car spaces 42-44 as shown on drawing number sk2000 dated 2 February 2009 by
Arkhefield / Foster Designs shall be modified and dedicated as two disabled car spaces.
53. Proposed car spaces 1 & 2 as shown on drawing number sk2000 dated 2 February 2009 by
Arkhefield / Foster Designs shall be modified into a single car space that is accessible in a
forward gear in a single movement from Hastings Street without the need for reversing.
54. The carparking aisle adjacent to motor cycle spaces 1-4 as shown on drawing number sk2000
dated 2 February 2009 by Arkhefield / Foster Designs shall be modified to provide the
necessary passing area as described in section 2.5 of AS/NZS 2890.1:2004.
55. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 3A 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.
56. The proposed turning area adjacent to proposed car space 13 as shown on drawing number
sk2000 dated 2 February 2009 by Arkhefield / Foster Designs 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”.
57. All carparking shall be kept, maintained and line-marked in a condition fit for use.
58. 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.
Frontage Works
59. Any damage or disturbance to the beach frontage or to the footpath, kerb and channel, planter
boxes and other street improvements in Hastings Street that occurs during the construction of
the proposed development or occurs in the construction of any works necessary to connect
the proposed development to Council’s services infrastructure shall be reinstated in
accordance with the Hastings Street Masterplan with suitable matching materials to the
satisfaction of Council’s Chief Executive Officer. These reinstatement works are to be
undertaken at no cost to Council and are to be completed prior to the commencement of the
use permitted by this permit.
60. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel,
footpath paving and landscaping in accordance with the Hastings Street Masterplan prior to
commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
61. 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, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in 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.
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62. All stormwater drainage (including roof water overflow from the rainwater storage system)
shall be collected and discharged so there is no net increase in stormwater runoff from the
site. Stormwater drainage permitted to drain from the site shall be discharged to Council’s
existing drainage structures in Hastings Street. Plans of the drainage design shall be
prepared by a Registered Professional Civil Engineer and submitted to Council prior to
obtaining a Development Permit for Operational Works.
63. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the
first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap
provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor/gross pollutant trap.
To this end, 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.
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.
64. All site stormwater drainage shall be by means of a gravity system.
65. All stormwater drainage lines connecting the subject site to Council’s existing infrastructure
shall be inspected by closed circuit television (CCTV) prior to commencement of the approved
Use. The developer will be responsible for the full cost of CCTV inspection, including any
additional inspection necessary following defect identification and rectification.
Sewer Mains
66. The site must be connected to the Council reticulated sewerage system in accordance with
Council's standards and requirements.
67. The existing sewer main crossing the site shall be diverted generally in accordance with
Construction Hydraulic plan No. 1997-3 A.
68. The sewer connection point must be located outside of the basement floor and in a location
easily accessible by Council.
69. The existing sewer main crossing the development site must be removed.
70. The proposed sewer within the basement must be located a minimum of 1.5 metres from walls
or other structures.
71. An Operational Works application will be required for the sewer diversion works. All
information as required by Noosa Planning Scheme Policy No. 6 is required on the drawings.
Sewer plans and long sections must be easily readable on an A3 sheet
72. The applicant must ensure that any construction works undertaken in the vicinity of Council’s
existing sewerage infrastructure will not adversely affect the integrity of the infrastructure. All
costs associated with repair, replacement or alteration of existing infrastructure must be met
by the applicant.
Town Water Supply
73. The site must be connected to Council's existing reticulated water supply in accordance with
Council's standards and requirements including;
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a) Provision of a single Body Corporate water meter to measure the total water consumption
(including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated.
74. Water meters must be located outside the property boundary, clear of driveways and in an
easily accessible location for reading by Council.
75. The applicant must ensure that any construction works undertaken in the vicinity of Council’s
existing water supply will not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of existing infrastructure must be met by the
applicant
76. The applicant is advised that this development may require the provision of fire hydrants and a
booster pump in accordance with the Building Code of Australia, and consultation may also be
needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is
provided. To this end any necessary fire hydrants shall be clearly shown on the plans
submitted for both Operational Works and Building Works approval and if a booster pump is
deemed necessary, the plans shall indicate where the fire truck is to be accommodated in
order to provide boosting to the water supply.
Easements (Sewer and Public Thoroughfare)
77. The applicant must provide a 3.0 metre wide sewer easement in favour of Council over the
Council sewerage infrastructure located within the development site. The easement must be
centrally located over the sewer pipe.
In addition, 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.
78. The applicant must provide an access easement in favour of Council enabling 24 hour
unrestricted access to the Council sewerage infrastructure located within the basement of the
development.
In addition, 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.
79. Reference to the sewerage easement and access easement must be included in the Body
Corporate Community Management Statement. The following clauses must be included in the
Body Corporate Community Management Statement;
79.1 The owners release and forever discharge the Council from any claim or demand
which might otherwise be made by the owners and from any liability which the Council
may otherwise have to the owners in consequence of or arising in any way by through
or in connection with the granting of Council permission to construct a structure over
or adjacent to a council sewer on the development site, and
79.2 The owners indemnify the Council against any such claim or demand (including legal
costs on a Solicitor and own client basis which may be incurred in connection
therewith) which may be made by any other person including, without limiting the
generality of that expression, successors in title to the owners, mortgagees or other
persons with a security interest in the land, tenants or occupiers of the building work or
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the land and other persons who suffer personal injury (including death) or property
damage (including economic loss) which is related in any way to the fact of the
building work having been carried out on or within 1.5 metres of the relevant services,
and
79.3 The owners agree to repair any damage to the building work which may occur as a
result of or in connection with any inadequacy of the support for it forthwith upon being
required by the Council by notice in writing so to do, and
79.4 The owners agree to pay the cost of repair and/or reinstatement to any structures
where sewer maintenance activities in connection with structures are involved.
80. The applicant must provide a Public Thoroughfare Easement for Pedestrian Access over the
full width of the proposed pathway adjacent to the western boundary of the subject site
extending from the Hastings Street frontage to the northern property boundary. The easement
shall be limited in height from the upper surface of the pathway surface to 4 metres above the
pathway surface.
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.
Earthworks
81. Earthworks required on site must 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.
82. Earthworks carried out on site must not affect the structural integrity of any of the existing
fences and/or structures and/or buildings and/or services and/or lands that border the
development site. Fences that are affected must be replaced at the cost of the applicant.
83. The use of vibratory equipment of any kind is not permitted to be used (including vibrating
rollers and the use of vibrating installation techniques for sheet piling and other construction
vibrations caused by excavating, earthmoving or demolition machinery or other similar
construction techniques) unless approved and supervised by a Certified Geotechnical
Engineer. Under such circumstances the operator of such equipment shall at all times comply
with the directions of the Geotechnical engineer.
Site Stability
84. 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 services and/or lands, 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.
85. Should the recommendations of the geotechnical report require any part of the works
(including excavation, retaining structures, tie backs etc) to be temporarily or permanently
constructed within any adjoining property a letter of authority from the adjoining property must
be obtained.
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86. The excavation of the site and the construction of the proposed works must not have any
adverse affects on the stability of adjoining buildings and/or structures and/or services and/or
lands. In this regard a Registered Professional Engineer Queensland must supervise the
excavation of the site and the construction of the new works to determine whether any
additional measures are required to protect the stability of adjoining buildings and/or structures
and/or services and/or lands.
Acid Sulphate Soils
87. A report on the Identification and Mitigation of Acid Sulphate Soils, prepared in accordance
with Part 6 of SPP2/02 Guideline: Planning and Managing Development Involving Acid
Sulphate Soils is to be submitted for approval by the Chief Executive Officer 5 working days
prior to the commencement of any new building works.
Construction & Demolition Issues
88. A Condition Survey must be carried out on adjoining buildings, structures and services prior to
any demolition, 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.
89. A Demolition & Construction Management Plan for the development shall be submitted to and
approved by Council at least 5 working days prior to the commencement of any Demolition or
Building works or at least 5 working days prior to the pre-start meeting for Operational Works.
The Demolition & Construction Management Plan shall include but not be limited to:
89.1 Site working hours;
89.2 Communication and consultation processes with surrounding premises and Hastings
Street stakeholders;
89.3 Control and suppression of:
89.3.1 Noise
89.3.2 Vibration
89.3.3 Dust
89.3.4 Odours and exhausts control; &
89.4 Employee and contractor induction and education processes.
90. A Traffic Management Plan for the each separate demolition and construction phase of the
development shall be submitted to and approved by Council at least 5 working days prior to
the commencement of any Demolition or Building works or at least 5 working days prior to the
pre-start meeting for Operational Works. The Traffic Management Plan shall include but not
be limited to:
90.1 Limiting the routes for the heavy vehicles to the major road network and prohibit the
use of the local roads as access to the site;
90.2 Maintaining pedestrian access and safety along the site’s Hastings Street frontage;
90.3 Indicate provision for on-site and off-site parking and shuttle buses for the required
workforce;
90.4 Indicate the location of loading and unloading areas,
90.5 Indicate the location of any “holding” areas for heavy vehicles and
90.6 Operating hours.
91. Demolition of the existing development(s) on the site shall not be undertaken during the peak
Christmas School Holiday period.
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92. Construction and Demolition staff shall not park within the Hastings Street area, including the
surrounding streets, Lions Park or Noosa Parade. Parking shall either be on site or at a
suitable off-site location serviced via a shuttle bus. Details shall be included in the Traffic
Management Plans for the site.
Erosion and Sediment Control
93. 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 (Engineering)
94. 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.
95. 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 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.
96. 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).
97. 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.
98. 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.
99. 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.
100. 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.
101. 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.
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Page 13
Waste Management
102. The developer must provide waste storage and disposal facilities in accordance with Planning
Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”. A Waste Management Plan (Operational) in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”,
must be submitted for the day-to-day operation of the development and approved by Council’s
Health Section prior to issue of development permit for operational works.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9
explaining how to calculate waste quantities and design waste areas is available from Council
and the web. The Plan shall include the following information: -
The types of waste that will be generated from the activities approved within the
development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.
Description of procedures for getting all waste to the bins; the storage of bins and
the collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including
size, location, elevation and floor plan, methods of bin washing and system to
prevent storm water getting into sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putrescible matter, non-recycling waste,
paper/ cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc, and
bin washing facilities connected to sewer.
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.
103. A Waste Management Plan (demolition and construction) shall be submitted prior to
commencement of any demolition or construction works 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 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:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
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Page 14
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify proposed *specify contractor and
(m³) re-use or on-site contractor and landfill site or
recycling recycling outlet other disposal
methods site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * 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.
Acoustic Amenity
104. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
pumps etc) 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.
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
105. Written certification from a suitably qualified person shall be submitted confirming that the
noise levels from all mechanical equipment comply with the levels detailed above when
measured at either the residential boundary or outside the most exposed part of an affected
building, whichever is the closest to the equipment.
The certification is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council. This assessment must take
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Page 15
into account noise from any other fixed equipment on the property e.g. swimming pool pump,
heating/cooling equipment, etc that may increase the overall noise level emitted.
Kitchen Exhaust
106. Any commercial kitchen exhaust points must be located and operated in accordance with
AS1668.2 “The use of ventilation and air conditioning in buildings – Ventilation design for
indoor air contaminant control”, Section 5 – Mechanical Ventilation – Exhaust Systems, 5.10
Air Discharges.
Restaurant Facilities
107. The two food businesses shall be provided with a common cleaner’s sink facility & storage
area for recycled cooking oil.
Trade Waste
108. 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.
109. Based on the information currently available, the minimum requirements for the pre-treatment
of trade waste discharged form the two food and beverage premises will be two 2000 litre
grease arrestors, i.e. a 2000 litre arrestor for each premises.
If additional commercial food kitchens are proposed to operate in any other premises
additional grease arrestors will also be required for these premises.
The trade waste requirements will be fully assessed when hydraulic drawings are submitted to
Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Sites in Coastal Concurrence Environmental Ecoaccess Customer
Management District Protection Agency Service Unit
with premises with GFA PO Box 15155
of at least 1000m2 CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The plans and / or documents recommended for approval are listed in the following table:
Plan / Rev. Plan / Document Name Date
Document
No.
sk1000 DA02 Site Plan – Arkhefield & Foster Designs 2 February 2009
sk2000 DA02 Lower Ground Level Plan – Arkhefield & 2 February 2009
Foster Designs
sk2001 DA02 Podium Level Plan – Arkhefield & Foster 2 February 2009
Designs
sk2002 DA02 Level 1 Plan – Arkhefield & Foster Designs 2 February 2009
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Page 16
sk2003 DA02 Level 2 Plan – Arkhefield & Foster Designs 2 February 2009
sk2004 DA02-A Roof Plan – Arkhefield & Foster Designs 1 April 2009
sk3000 Elevations 1 of 2 – Arkhefield & Foster 2 February 2009
Designs
sk3001 Elevations 2 of 2 – Arkhefield & Foster 2 February 2009
Designs
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class Approved
Existing Quantity
Use / Use Quantity
Visitor 14 x 1 bedroom units Visitor
20 x 3 and 4
Accommodation Type Accommodation Type
34 x 2 bedroom units Bedroom Units
4 4
Retail Business –
2 Restaurants Type 2 – Shop 456m² Use Area
Totalling
(including outdoor Entertainment &
approximately
dining), 1 gallery and Dinning Business – 207m² Use Area
1,050m² Use Area
9 shops Type 1 – Food &
Beverage
2. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
3. Where any food premises is included in a development, the following is required:
3.1 Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
3.2 A statement indicating the purpose of the food premises, type of food sold, proposed
menu and maximum number of patrons at any time, is to accompany the application for
plan approval.
3.3 Construction and use of the food premises should comply with Council’s Food Premises
Policy and the Food Safety Standards. (Both available from Council)
3.4 Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards, including
disable access.
3.5 Plans and approval is required for any mechanical exhaust ventilation system, which
should comply with AS1668. A certificate from the installer certifying the system
complies with the Standard must be obtained and lodged with Council prior to
commencement of trade.
3.6 Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food License from Council, prior to use of those premises.
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Page 17
4. Noise from building works associated with commercial and or industrial development should
comply with the following –
4.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
4.2 All reasonable measures are taken to minimise noise emissions.
4.3 Not permitted on Sunday or public holidays.
5. 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.
6. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Landscaping, Access and Carparking, Site Civil
Works Works, Stormwater Drainage, Frontage Works,
Sewer Reticulation (including New Mains,
Relocations, Diversions, Pump Stations & Rising
Mains), Excavation of Materials to Fill Another Site
and Erosion & Sediment Control
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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Page 18
Advertising Devices Code
12 SUBMISSIONS
There was one (1) properly made submission about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 OTHER DETAILS
A copy of all supporting and common material for the application, including Council’s planning
assessment report is available on PD Online at
http://rrif.noosa.qld.gov.au/masterviewpublic/modules/applicationmaster/default.aspx?page=wrapper
&key=013.2008.00001927.001
If you have any questions, please do not hesitate to contact me on 5449 5223.
Yours faithfully,
Kerri Coyle
COORDINATOR PLANNING APPLICATIONS (NORTH)
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Page 19
List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Bob Borger
Director
Leighton Properties (Brisbane) Pty Ltd
PO Box 2360
NOOSA HEADS QLD 4567
Page 19 of 25
Page 20
Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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Page 21
Page 21 of 25 [OCR of page images] EPA Permit number: _1PCC01277908 IBUP4864, Lot 8 Plan BUP4864, Lot 9 Plan BUP4864, Lot CP Plan BUP4864, Lot CP] Plan SP103607 19 Hastings ST.NOOSA [Lot 12 Plan RP908660 IHEADS QLD 4567 9 Hastings ST.NOOSA [Lot 4 Plan RP893438 IHEADS QLD 4567 Reasons for inclusion of Development Conditions In accordance with section 3.3.18(8) of the integrated Planning Act 1997 and section 27B of the Acts interpretation Act 1954, the reasons for the inclusion of development conditions are: The Environmental Protection Agency is a concurrence agency under the Integrated Planning Regulation 1998 for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or aesthetic significance or value. The Activity for which this development approval is issued is simply a restatement of the activity as prescribed in the legistation at the time of issuing this development approval. Where there is any conflict between the above description of the Activity for which this development approval is issued and the conditions as specified in this development approval as to the scale, intensity or manner of carrying out of the Activity, then such conditions prevail to the extent of the inconsistency. This development approval authorises the Activity. It does not authorise environmental harm unless a concurrence agency condition within this development approval explicitly authorises that harm. Where there is no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm. Additional information for applicants Itis a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes aware a Notifiable Activity (as defined under Schedule 3 of the Environmental Protection Act 1994) is being carried out on this land or that the land has been affected by a hazardous contaminant, they must, within twenty two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994, This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104 of the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals for this development which may be required pursuant to this or other legislation, both State and Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as may be required. Currently the area for the proposed works has been developed to a scale and intensity that the preferred option of retreat from an erosion prone area in not achievable. In such developed area, structural engineering and stabilisation works will be initiated only as a last resort where erosion presents an immediate threat to public safety or property and infrastructure that is not expendable. These works are the responsibility of the landholder and are to be implemented within the landholders property boundary at their own expense. Additional information for the Assessment Manager The Environmental Protection Agency referral agency jurisdiction for the development application is confined to that aspect of the application involving the triggers identified in the response. EPA has no referral agency jurisdiction in relation to other aspects of the development application. In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state planning policy. The assessment manager is required to give due consideration to the relevant State planning policies when deciding the application. Page 2 of 6 Environmental Protection Agency Page 21 of 25
Page 22
Page 22 of 25 [OCR of page images] : EPA Permit number: _1PCC01277908 If you require more information, please contact Jessica Johnson, the Project Manager, on the telephone number listed below. Yo cerely ‘ Ben Sale Enquiries: Delegate ES - Reg Serv - Bne North - Sunshine Coast - Environmental Protection Agency EPA 12 February 2009 PO Box 168 COTTON TREE QLD 4558 Phone: (07) 5459 6132 Fax: (07) 5443 9927 Page 3 of 6 : Environmentat Protection Agency Page 22 of 25
Page 23
Page 23 of 25
[OCR of page images]
EPA Permit number: 1PCC01277908
CONDITIONS OF APPROVAL
Agency Interest — General
General
1. All excess materials associated with the construction of the works are to be removed from the site at the
completion of the works and alt wastes shall be collected from the site and disposed of at a licensed
waste facility.
2. Your attention is drawn to the provisions of the Environmental Protection Act 1994 and the general
environmental duty of care not to pollute the environment or create a contaminated site when undertaking
works.
Site Based Management Plan
3. Prior to the commencement of works, a Site Based Management Plan (SBMP) must be prepared and be
implemented during construction of the works. The SBMP must identify all sources of environmental
harm, including but not limited to the actual and potential release of all contaminants, the potential impact
of these sources and what actions will be taken to prevent the likelihood of environmental harm being
caused. The SBMP must also provide for the review and ‘continua! improvement’ in the overall
environmental performance of activities to which this approval relates.
The SBMP must address the following matters:
(a) environmental commitments - a commitment by senior management to achieve specified and
relevant environmental goals;
(b) identification of environmental issues and potential impacts;
(c) control measures for routine operations to minimise likelihood of environmental harm;
(d) contingency plans and emergency procedures for non-routine situations (including but not limited to
the emergency protocol when spills occur and the amount of neutralising agent to be kept onsite);
(e) organisational structure and responsibility;
(f) effective communication;
({g) monitoring of contaminant releases;
(h} conducting environmental impact assessments;
(i) staff training;
(j) record keeping; and
(k) periodic review of environmental performance and continual improvement.
4. The SBMP must not be implemented or amended in a way that contravenes any condition of this
approval.
Prevent Release of Contaminants
5. You must ensure that all appropriate measures are taken to prevent the release of contaminants as a
result of silt runoff, chemical spills, concrete truck washout and alike. Concrete agitator wash out shall
only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill.
Wastewater from cleaning equipment shall not be discharged directly or in-directly to any waters.
Land
6. Any areas disturbed by the works are to be immediately stabilised against wind erosion and rainwater
tun-off erosion.
7. All rock, stone, gravel, sand or other material used in the construction of the works must be:
(a) clean and free of silt;
(b) suitable for the purpose having regard to the location of the land and to the proposed use of the
land; and
(c) free from contaminants.
Page 4 of 6 Environmental Protection Agency
Page 23 of 25
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Page 24 of 25 [OCR of page images] 8. EPA Permit number: _IPCC01277908 Any erosion or loss of sand surrounding the works that occurs because of changes caused by the works must be immediately rectified. . Acid Sulfate Soils 9. The latest edition of the Queensland Environmental Protection Agency's INSTRUCTIONS FOR THE TREATMENT AND MANAGEMENT OF ACID SULFATE SOILS, 2001, must be complied with when treating and managing acid sulfate sails. 10. Acid sulfate soils must be managed such that contaminants are not directly or indirectly released to any waters. a Water Quality 41. Contaminants must not be released from the site to any waters or the bed and banks of any waters. 12. All appropriate measures must be taken to prevent the release of contaminants (including but not limited to sediment runoff, fuel, oil and hydraulic fluid) to any waters or the bed and banks of any waters during construction of the works. 13. Any excavation or filling on site must be constructed, installed and maintained: (a) so as to maintain the local and regional drainage or hydrological systems; (b) so that changes in water chemistry will not impact on ecological values on or off site; (c) so that any changes in surface water hydrology do not result in any adverse impacts to surrounding environmental values. Storm Water 14. Design and construction of works stormwater drainage must ensure that alt contaminants are captured and retained within the works area. 15. Any stormwater outlet from the site must be constructed and maintained to prevent the release of contaminants and localised erosion or scouring. Any erosion or scouring that occurs must be repaired immediately. Coastal Management 16. The works must not result in any adverse impacts on the surrounding environment, nor cause any long- term maintenance and management implications. 17. Should the works be damaged as a result of sea erosion or storm tide inundation, the approval holder shall be responsible for the removal of all debris. 18. The chief executive administering the Coastal Protection and Management Act 1995 may order the works. to be removed or modified, within a reasonable time, if the works have or are likely to have a significant effect on coastal management because the works: (a) create a danger to the public; or (b) cause erosion or land degradation; or (c) are unstable. Page 5 of 6 Environmental Protection Agency Page 24 of 25
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Page 25 of 25 [OCR of page images] EPA Permit number: IPCC01277908 | DEFINITIONS Words and phrases used throughout this permit’ are defined below. Where a definition for a term used in this permit’ is sought and the term is not defined within this permit' the definitions provided in the relevant legislation shall be used. “approval” means ‘notice of development application decision’ or ‘notice of concurrence agency response’ under the Integrated Planning Act 1997. “approved plans” means the plans and documents listed in the approved plans section in the notice attached to this development approval. “commercial place” means a place used as an office or for business or commercial purposes. “Environmental Protection Agency” means the department or agency (whatever called) administering the Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994. “land" in the “land schedule” of this document means land excluding waters and the atmosphere. “noxious" means harmful or injurious to health or physical well being. “nuisance sensitive place” includes — « —adwelling, residential allotment, mobile home or caravan park, residential marina or other residential premises; or a motel, hotel or hostel; or a kindergarten, school, university or other educational institution; or a medical centre or hospital; or a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World Heritage Area; or a public thoroughfare, park or gardens; or = aplace used as a workplace, an office or for business or commercial purposes and includes a place within the curtilage of such a place reasonably used by persons at that place. “offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or repulsive. “site” means land or tidal waters on or in which it is proposed to carry out the development approved under this development approval. “waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), Stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part- thereof. "works" or “operation” means the development approved under this development approval. “you" means the holder of this development approval or owner / occupier of the land which is the subject of this development approval. END OF CONDITIONS Page 6 of 6 : Environmental Protection Agency Page 25 of 25
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