PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 4 - (MCU24/0074) - NOTICE OF APPEAL - D44 OF 2025

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(d) is bounded by Gympie Terrace to the north, Albert Street to the east and Thomas Street to the west; (e) has the benefit of a shared access easement to the south allowing access to Thomas Street, which access is physically constrained by existing awnings onto Thomas Street (the Easement); and (f) is within the Noosa Plan 2020 (25 September 2020) (the Planning Scheme) planning scheme area. (the Premises) 2 Under the Planning Scheme, the Premises is: (a) inthe Tourist Accommodation Zone; (b) subject to Acid Sulfate Soils Overlay — area 1 (<Sm AHD); and (c) subject to Flood Hazard Overlay. The Development Application 3 As notified by the Respondent in its Confirmation Notice provided to the Appellant by letter dated 21 June 2024, the application the subject of this appeal (the Application): (a) is for a Development Permit for Material Change of Use — Food and drink outlet and Short term accommodation (16 units); (b) was given the Respondent's reference number: MCU24/0074; (c) was code assessable against a. Noosaville Local Plan Code; b. Tourist Accommodation Zone Code; c. Visitor Accommodation Code; d. Business Activities Code; and e. Works Codes; and (d) was properly made on 7 June 2024. 4 The Application was made following an earlier application made and withdrawn by the Appellant where the Respondent advised the Appellant that waste collection was to occur from the external road as a consequence of safety issues if waste was collected on-site. 5 The Application was made taking into account that waste collection was to occur off- ZGNVIRO te and designed on that basis. = Rs s 2 a —— ~ Roos 2 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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The Decision 6 The decision to approve the Application subject to 74 conditions was made by the Respondent on 20 March 2025 and given to the Appellant by Decision Notice dated 25 March 2025 (the Decision). 7 Conditions 3, 13, 18, 20, 21, 22, 23, 28, 30, 35d ande, 37d and e, 39, 40, 43, 59, 61, 62, 63 and 64 of the Decision, set out in Attachment A to the Notice of Appeal, are the conditions the subject of this appeal (the Impugned Conditions). 8 A number of the Impugned Conditions require that waste be collected by waste vehicles driven onto the Premises from Albert Street and that the waste vehicles move across the Premises in a forward direction and utilise the Easements to gain access to Thomas Street, namely: (a) Condition 3 requires the Development to be. generally in accordance with the approved plans and seeks to amend plans: i. CD 2.01 C Rev. C Basement Plan prepared by Arkos Architects dated 20.02.2025; and ii. | CD 2.02 B Rev. B Ground Floor Plan prepared by Arkos Architects dated 20.02.2025; to accommodate the waste collection and servicing on-site; (b) Condition 28 requires confirmation that the Easement terms and conditions will allow the increase in vehicular movements and types, which includes the waste vehicles, or that the Appellant obtain a new easement that permits the volume and type of vehicular movement; (c) Condition 30 requires the terms of any new easement to reflect the Planning Scheme and be in accordance with the Respondent's standard terms at no cost to the Grantee; (d) | Condition 39 requires an assessment of the existing access driveway in accordance with an operational works approval over the Easement to achieve compliance with Council’s standard drawing RS-051; (e) Condition 43 requires service vehicles, including Refuse Collection Vehicles, manoeuvring, standing on-site and exiting onto Thomas Street; (f) Condition 59 requires earthworks to not effect the functionality of the Easement and carparks, however when the works of the Proposed Development occur there will not be an ability for refuse vehicles to drive through the Premises and onto the Easement, (g) Conditions 61, 62, 63 and 64 deal with Waste Disposal and are predicated on the collection of waste by waste vehicles driven onto the Premises from Albert ROI Street and that the waste vehicles move across the Premises in a forward Koy ie direction and utilise the Easements to gain access to Thomas Street = % S 2 ea (thé Waste Collection impugned Conditions). Yapooos 3 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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Statutory Framework 9 Section 65 of the PA provides the relevant test for conditions imposed ona development approval: 65 Permitted development conditions (1) A development condition imposed on a development approval must— (a) be relevant to, but not be an unreasonable imposition on, the development or the use of premises as a consequence of the development; or (b) be reasonably required in relation to the development or the use of premises as a consequence of the development. Grounds of Appeal Conditions 3, 28, 30, 39, 43, 59, 61 — 64 (Waste Collection ) 10 The Waste Collection Impugned Conditions are not reasonable, and so far as they may be relevant, are an unreasonable imposition on the Development and are not required as a consequence of the Development because: (a) | the Development can be safely serviced by the on-street collection of waste; (b) on-site collection of waste is not required to comply with any relevant code; (c) the Respondent directed the Appellant to off-site collection of waste in an earlier application as a preference and the Appellant designed the Development on that basis; (d) the collection of waste by other premises in the locality occurs off-site; (e) the collection of waste off-site will occur as part of the usual waste collection in the area and its impact on amenity will be consistent with the existing amenity in the area; and (f) the Easement is constrained such that Refuse Service Vehicles cannot use it as there is insufficient clearance with existing structures. 11 The Waste Collection Impugned Conditions are not final or certain as: (a) they require the gaining of permission to vary the terms and conditions of the Easement; (b) the making of an operational works application over property that is not the subject of the Development; and we Roy c) compliance with standard drawings for vehicle crossover for a new easement S by over the Easement including requiring the removal of a structure. =( @@ )2 <= a\ ee 2 “Z Ak Yaron 4 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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12 The Waste Collection Impugned Conditions should be amended or deleted to allow the Development to proceed in accordance with the Development and allow off-site waste collection. Condition 3 (Pool amenity) 13 Condition 3 requires the Development to be generally in accordance with the approved plans and seeks to amend plans: i. CD 3.01 B Rev. B Elevation 01-Gympie Tce / North prepared by Arkos Architects dated 26.02.2025; and ii. CD 3.02 B Rev. B Elevation 02 — Thomas Street / West prepared by Arkos Architects dated 26.02.2025 by requiring “any splash back around the pool... to be constructed from clear glazing or similar” and “walls located between the terrace areas... to be removea”. 14 Condition 3 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) Gympie Terrace and Thomas Streets have significant pedestrian traffic; (b) there will be an unreasonable lack of privacy of pool users if the walls located between the terrace areas were to be removed and clear glazing installed; (c) the built form of the Development maintains an appropriate amenity for the area; and (d) the proposed amendments to the built form is not mandated to comply with any relevant code. 15 The proposed amendments to Condition 3 should be deleted. Condition 13 (Internal design) 16 Condition 13 requires submission of plans for internal design of the approved units to be submitted to the Respondent for a “further approval” prior to the issue of any building approval. 17 Condition 13 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) | the Respondent has given its approval for the Development subject to Condition 3 that requires it proceed generally in accordance with the approved drawings; (b) the approved drawings provide sufficient detail; Gy) ENVIRO . A I ' ee GNX) the internal design of the units is not a matter that requires any further FE , 2 consideration other than obtaining a building approval; and =| @@ )s oS td there are unnecessary delays and costs to the Development. 4 & Uy ROD one 5 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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18 Condition 13 is not final or certain as the criteria by which the “further approval” will be assessed is not identified. 19 Condition 13 should be deleted. Condition 18 (Services set back) 20 Condition 18 specifies where mechanical equipment and services can be located, with a restriction on them to be located no less than two (2) meters from a property boundary. 21 Condition 18 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development because the fire booster, Energex pad mount transformer and bio-retention basin are required to be located on the boundary of the Premises. 22 Condition 18 should be amended to exclude the fire booster, Energex pad mount transformer and bio-retention basin from its set back requirements. Condition 20 (Residential amenity) 23. Condition 20 seeks to protect the residential amenity of surrounding residents from any detrimental impact. 24 Condition 20 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) some detrimental impact on amenity will occur from time to time from the approved uses, being commercial premises and short-term accommodation; and (b) the impacts covered by Condition 20 should be limited to those that are unreasonable. 25 Condition 20 should be amended by inserting the word “unreasonably” before the word “detrimentally”. Condition 21 (Party house and events) 26 Condition 21 seeks to restrain the use as a party house. 27. Condition 21 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) a party house is a separate use which is prohibited under the Planning Scheme ZS ENVIRO. throughout the local government area; and “ © Xo = AR the Development has commercial tenancies on the ground floor which will be 3 ee = used for functions and people will attend to celebrate birthdays and other = : wp = 3 events. CY SY ArRoocw. 6 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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28 Condition 21 should be deleted. Condition 22 (Compliance with Local Law) 29. Condition 22 requires compliance with a local law about short-term accommodation. 30 Condition 22 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) compliance with a local law is not a matter for a planning approval; (b) the local law has its own compliance requirements, (c) the local law may be changed or repealed; and (d) the Development is not limited to short-term accommodation and the local law has no application to the commercial tenancies of the Development. 31 Condition 22 should be deleted. Condition 23 (Service vehicle hours of operation) 32 Condition 23 limits service vehicles times of operation. 33 Condition 23 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) the services to be provided will occur 7 days a week; (b) the ability of service providers to attend within the hours of operation set by the condition is too restrictive; (c) service vehicles will attend outside of the hours set by the condition; and (d) amenity is to be protected by Condition 20, with the amendment proposed by the Appellant in paragraph 25 above to reflect that the use must not “unreasonably detrimentally” affect the residential amenity of the surrounding residents. 34 Condition 23 should be deleted. Conditions 35 d and e, 37 d and e and 40 (Car parking) 35. Conditions 35 d and e, 37 d and e and 40 provide for on site and off site car parking and motorcycle spaces and seek the provision of parking spaces in excess of the requirements for the development and in excess of provisions of the relevant code in aS ions relation to the number of parking spaces to be provided. = S => Zs = ge Conditions 35 d and e, 37 dand e and 40 are not reasonable, and so far as they may =, — s] be relevant, are an unreasonable imposition on the Development and are not required oe Ku) as a consequence of the Development because: 4 SS ARooe wey 7 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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(a) | the Development proposes adequate parking spaces; (b) the parking spaces sought is in excess of the provisions of the relevant code; and (c) the increased number of parking spaces requested is not required as a consequence of the Development. 37. Conditions 35 d and e, 37 d and e and 40 should be amended to reduce the number of parking spaces to be provided. Conclusion 38 The Application should be approved subject to the Impugned Conditions being amended or deleted as set out above in this Notice of Appeal. P&E Law Solicitors for the Appellant 28 April 2025 If you are named as a respondent in this notice of appeal and wish to be heard in this appeal you must: (a) within 10 business days after being served with a copy of this Notice of Appeal, file an Entry of Appearance in the Registry where this notice of appeal was filed or where the court file is kept; and (b) serve a copy of the Entry of Appearance on each other party. The Entry of Appearance should be in Form PEC — 5 for the Planning and Environment Court. If you are entitled to elect to be a party to this appeal and you wish to be heard in this appeal you must: (a) within 10 business days of receipt of this Notice of Appeal, file a Notice of Election in the Registry where this Notice of Appeal was filed or where the court file is kept; and (b) serve a copy of the Notice of Election on each other party. The Notice of Election should be in Form PEC - 6 for the Planning and Environment Court. Qo ENV) Ko us > Ge = « VS =( eg je oO BN OL, v & dy, SS Roan’ 8 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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ATTACHMENT A Approved Plans 3. Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed in the tables below. The plans must be amended to incorporate the amendments listed within the table below and resubmitted to Council prior to the issue of any Develooment Permit for Operational Works* The following plans require amendment. Plan No. Rev. Plan/Document Name Date | a + <= , . au —| :CD2.01C C Basement Plan prepared by Arkos : 20.02.2025 Architects Amendments ‘The plan is to be amended to accommodate the waste collection _and servicing to occur on site and consistent with engineering requirements outlined in condition 61. . Additional information in relation tc the ‘end of trip’ facilities are to be included on the plan. | A total of 29 car parking spaces are to be shown for the Short _ term accommodation use on either Basement Plan or Ground floor pian. CD 2.02 B B Ground Floor Plan prepared by Arkos 20.02.2025 Architects Ae - 2555 The plan is to be amended to demonstrate that a minimum of 1.0 = ‘metre width of soft landscaping can be provided to all street frontages particularly around proposed urban infrastructure in Albert Street. | The plan is to demonstrate a minimum of 375 square metres of landscaping is provided on site excluding outdoor dining and | paved areas. Provide an updated calculation which separates all landscaping areas individually to comprise 375 square _ metres of landscaping. | The plan is to amend the number of ‘Tide’ structures to maximum of 5, with each structure to provide shade to a seat, | with the structures to be built within the site boundary. Carparks 2 - 12 are to be amended to accommodate landscaping infrastructure in accordance with the Landscaping ' Werks conditions of this approval. The ground floor plan is to accommodate on site refuse collection / in accordance with the engineering requirements stipulated in condition 61 CB 2.03. C C Level 01 Plan prepared by Arkos 26.02.2025 Architects CD 2.04C C Level 02 Plan prepared by Arkos 26.02.2025 Architects ENY) aw Noy S Z a\ Ye /§ < ~ C & Varooew 4 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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CD 2.05 C ' © | Level 03 Roof Tce Plan prepared by 26.02.2025 3 : . Arkos Architects CD 2.06 C C - Roof Plan prepared by Arkos Architects ; 26.02.2025 CD 3.018 B Elevation Of — Gympie Tce / North : 26.02.2025 prepared by Arkos Architects Amendments | The rooftop pergola structure is to be reduced to be no more than | 2.2 metres in height above roof level. The pergola is not to be | roofed or covered with an impervious material. The horizontal roof over stairs providing access to the roof top is | not approved and is to be amended to be reduced in height and © | to follow the gradient of the stairs to reduce the appearance of a | roofed area. | Any wall’s around the edge of the roof top terrace or on the roof | area are a maximum of 1.2 metres in height. A privacy wall is - | permitted along the eastern side of the ‘Roof Terrace 2’ up to V7 _ Metres in height. Any splash back around the pool is to be constructed from clear | glazing or similar. | Walls located between the terrace areas are not approved and | are to be removed. CD 3.02 B B Elevation 02 — Thomas St / West. 26.02.2025 prepared by Arkos Architects = : , - Amendments The rooftep pergola struciure is to be reduced to be ne more than 2.2 metres in height above roof level. The pergola is not ta be | roofed of covered with an impervious material. The horizontal roof over stairs providing access to the roof top is | not approved and is to be amended to be reduced in height and | to follow the gradient of the stairs to reduce the appearance of a | foofed area. Any walls around the edge of the roof top terrace or on the roof _ area are a maximum of 1.2 metres in height. A privacy wall is permitted along the eastern side of the Roof Terrace 2 up to 1.7 reetres in height. Any splash back around the pool is to be constructed from clear glazing or similar. Walls located between the terrace areas are not approved and | are to be removed. CD 3.03B B Elevation 03 — East / Albert St prepared 26.02.2025 by Arkos Architects Amendments The rooftop pergola structure is to be reduced to be no more than | 2.2 metres in height above roof level. The pergola is not to be roofed or covered with an impervious material. The horizontal roof over stairs providing access to the roof top is Z | not approved and is to be amended to be reduced in height and Zo RON = Q =| €@ )s 2 AS WW & Ay, S Si Roocw’ = 2 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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J te follow the gradient of the stairs to reduce the appearance of a | roofed area. | Any wall/s around the edge of the roof top terrace or on the roof | afea are a maximum of 1.2 metres in height. A privacy wall is | permitted along the eastern side of the ‘Roof Terrace 2° up to 1.7 metres in height. Any splash back around the pool is to be constructed from clear | glazing or similar. | Walls located between the terrace areas are not approved and are to be removed. CD 3.046 B | Elevation 05 — South prepared by Arkos © 26.02.2025 . Architects Amendments —_| The rooftop pergola structure is to be reduced to be no more than 2.2 metres in height above roof level. The pergola is not to be | roofed or covered with an impervious material. | The horizontal roof over stairs providing access to the roof top is not approved and is to be amended to be reduced in height and | to follow the gradient of the stairs to reduce the appearance of a _ toofed area. | Any wall's around the edge of the roof top terrace or on the roof area are a maximum of 1.2 metres in height. A privacy wall is | permitted along the easter side of the ‘Roof Terrace ? upto 1¥ | metres in height. Any splash back around the pool is to be constructed from clear | glazing or similar. ' Walls located between the terrace areas are not approved and | are to be removed. ' ‘Metal cladding with a profiled design’ to the southern elevation is not approved. An alternative design treatment is required to be developed and shown on the elevation. A suggested alternative could involve greater use of lightweight natural materials / articulation of the facade / green wall to result in a more subtropical and sympathetic visual presentation. “(Refer to Advisory Note} 13. Additional detailed plans and elevations showing all internal areas and design treatments to all Short terrn accommodation units and entrances are to be submitted to Council for written approval from the Development Assessment Manager prior fo the issue of any building approval. 18. All mechanical equipment and other service infrastructure located on the site must ber a. located not less than 2 metres from a property boundary; b. fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping. landscaping beds must be at least 1.5 metres wide. 20. The operation of the approved use must not detrimentally affect the residential amenity 9 (including but not fimited to noise, amplified music, overlocking, light spill or odour} Zend A Ving enjoyed by surrounding residents or cause a nuisance, including a noise nuisance. = q <( et ): a Oo es mS - Ny 4y, & Crone 3 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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21. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example} permitted on site. 22. The use must be operated in accordance with the Local Law requirements for Short stay fetting ai ail times. 23. Service vehicle movements associated with non-residential uses on the premises {including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. 28. Prior to Council issuing a Development Permit for Operational Works, demonstrate that the terms and conditions of the existing easements registered against the titles of Lot 2 on RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the increase in vehicle type and volume proposed as part of the development. Should the terms and conditions be found to be contrary, demonstrate that all parties are agreeable to amend the terms and conditions of the existing easements to allow for the increase in vehicle type and volume. 30. Al easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee's standard easement terms. Draft easement documentation must be submitted to Council for endorsement. 35. Gympie Terrace must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular. a. __ the existing footpath between back of kerb and property frontage is to be upgraded with exposed coloured aggregate finish for the full width to the approval of the Design Coordinator - Infrastructure services. b. removal of the existing property accesses and reinstatement of the kerb, ta match the balance of the site frontage: c. the verge area is to include street trees in accordance with the Landscaping Warks and Retention of Existing Trees as part of this approval. d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent properties or the function and safety of the focal road network — the 6 on- street carparks must be line marked in accordance with AS2890.05, include a minimum width of 2.1m measured from kerb invert and achieve a minimum separation of 1 metre between all driveway crossovers and kerb tangent paints to not disadvantage existing sight lines; e. the provision for 6 on-street motorbike parks in a manner that does not disadvantage adjacent properties or the function and safety of the focal road network — the 6 on-street motorbike parks must be line marked in accordance with 4S2890.05 and achieve a minimum separation of 1 metre between all driveway crossovers and kerb tangent points to not disadvantage existing sight lines; and f the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded in accordance with Council’s standard drawing NSD-9006E. Condition 35 (a) is imposed pursuant to $128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council's LGIP to service the development. Conditions 35 (b, c, d, e and f) are imposed pursuant to 5145 of the Planning Act 2016 being non-trunk infrastructure. 9 EN : S3 S E, = a = ir a ss o 2| €@ )s ai a & ee Manooow 4 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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37. Albert Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval, be generally in accordance with RECOR’s General Arrangement Plan — Ground Floor (010, Rev. C) dated 20 December 2024 and must include in particular: a. a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire length of the site's frontage to Albert Street. The footpath’s width can be reduced {to a minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath would impede on minimum clearances from services {i.e., light poles) or result in the creation of trip hazards for pedestrians; b. removal of the existing property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed; c. the verge area is to include street trees in accordance with the Landscaping Works and Retention of Existing Trees as part of this approval; d. the provision for 6 on-street carparks in a manner that does not disadvantage adjacent properties or the function and safety of the local road network. The 6 on- street carparks must be line marked in accordance with AS2890.05, include a minimum width of 2.1m measured from kerb invert and achieve a minimum separation of 1 metre between all driveway crossovers and kerb tangenis point to not disadvantage existing sight lines; and e, the provision for 4 on-street motorbike parks in a manner that does not disadvantage adjacent properties or the function and safety of the iocal road network. The 4 on-street motorbike parks must be line marked in accordance with AS2890.05 and achieve a minimum separation of 1 metre between all driveway crossovers and kerb tangent points to not disadvantage existing sight lines. Condition 37 (a, b, c, d, and e} are imposed pursuant to $145 of the Planning Act 2016 being non-trunk infrastructure. 39. An assessment of the existing access driveway on Thomas Street must be undertaken in accordance with an Operational Works approval. The assessment must be prepared by a suitably qualified person (RPEQ) and include an assessment on the condition of the existing access driveway and provide recommendations to achieve compliance with Council's standard drawing RS-051. 40. A minimum of 56 car parking spaces and 10 motorcycle spaces must be provided and marked on the site and always made available and accessible while the use is open for business. The works must be undertaken in accordance with an Operational Works approval, be generally in accordance with Arkos’ Basement Plan (CD 2.01, Rev. C) and Ground Floor Plan (CD 2.02, Rev. B) dated 20 February 2025 and must include in particular:: ‘ a. 29 parking spaces within the total, for Short-term accommodation uses and 27 spaces for Food and Drink Outlet uses which are clearly marked for each purpose and accessible at all times; b. pedestrian rautes in accordance with the conditions of this Decision Hotice; c. 1 disabled parking spaces within the total; and d. dimensions, User Class, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities. sO EN! Cae = e By — a QO w ee e . ¥, A Ror OSS 5 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025

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43. Service vehicle parking. manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular. a. +tMRV spaces: and b. regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid Vehicle and Refuse Collection Vehicle (Side Loader Senes V (6x4)} — service vehicles must be able to enter the site from Albert Street, manoeuvre through the development and exit onto Thomas Street without exiting the designated “concrete dnveway". 59. All earthworks and associated retaining structures/batters, both above and below ground, both temporary and permanent, must be undertaken in accordance with an Operational Works approval, be generally in accordance with RECOR's Bulk Earthworks Layout Plan (020, Rev. C) dated 20 December 2024 and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must ensure that adjacent properties and associated infrastructure is not disadvantaged by additional flows or adverse impacts on the functionality of access driveways and carparks. 61. Prior to Council issuing a Development Permit for Operational Works, an amended Waste Management Plan must be submitted to council for approval that allows for all waste collection and servicing to occur on site. The amended Waste Management Plan must be prepared by a suitably qualified person who is experienced in waste management and includes in particular: a. Onsite collection of refuse/recycling should be done using 1100Itr low noise waste containers. Services to be done several times weekly to reduce the actual bin numbers on site: and b. provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to enter the site from Albert Street, service the site, and exit on Thomas Street, and c. compliance with The Noosa Plan 2020 - Waste Management Code and PSP9 Waste Management. d. the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration) must enter via Albert Street and exit via Thomas Street. 62. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket irap. The drain outlet must be designed to prevent storm water entry to the sewerage system. 63. Refuse containers must be provided in accordance with the requirements of the Environmental Protection {Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse. 64. Storage, disposal and management of solid, liquid and vegetative waste is conducted in a safe and ecologically sustainable manner without environmental nuisance. In this regard, vegetated waste must be disposed of via a green waste bin or at a local transfer station. Cy ENVIRGS ‘Ss Z Co wars = w - = ss > \ & Car coowS 6 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025