PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 – APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH · ATTACHMENT 1 - MCU22 0060 - PROPOSED CONDITIONS

Page 2

ATTACHMENT 1 - MCU22 0060 - PROPOSED CONDITIONS
      Building Height
11.   The maximum height of the development must not exceed 8 metres above the ground level.
12.   Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
      certifies that the building does not exceed the maximum height requirement of this Decision
      Notice.
      Performance Bond
13.   Security in the form of a cash bond or trading bank guarantee to the sum of $7,500 must be
      submitted to Council, 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 completion of the development subject to satisfactory performance of the
      conditions of approval at that time less any costs incurred by Council in respect of enforcing
      performance of this permit. Council reserves the right to call upon the bond or guaranteed sum
      to effect compliance with conditions.
      Fencing and Walls
14.   Any street fencing must not exceed 1.8m in height, be set back an average of 1 metre and
      articulated to provide visual interest by stepping the design. Any fencing on the front boundary
      must either:
      a.    not exceed a maximum height of 1.2m
      b.    be of open construction.
15.   The area of land between the fence and the front property boundary must be densely
      landscaped to screen any fencing from the street.
      Landscaping Works
16.   The development site must be landscaped. The works must be undertaken in accordance with
      an Operational Works approval and the Noosa Plan for that specific area and must include in
      particular:
      a.    provision of 1 street tree within the road reserve for every 8 metres of road frontage
      b.    planting of shrubs and trees that will visually frame and soften the presentation of the
            built form to the streetscape
      c.    provision of dense screen planting along the side and rear boundaries to protect the
            privacy of adjoining properties.
17.   All landscape works must be established and maintained in accordance with the approved
      design for the life of the development, and in a manner that ensures healthy, sustained and
      vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished
      when its life expectancy is reached.
      Community Management Statement
18.   Any proposed Community Management Statement required for the development pursuant to
      the Body Corporate and Community Management Act 1997 must be submitted to Council for
      endorsement at the same time as submission of the Building Format Plan (or similar) to Council
      for compliance assessment.
19.   All clauses and by-laws of the proposed Community Management Statement must accord with
      the requirements of this Decision Notice and, in particular, must include the following additional
      clause:
       a.    The dwelling units cannot be used for short term accommodation, unless where
             identified as accepted development by the Noosa Plan or where there is a Development
             Permit for Material Change of Use for short term accommodation in effect. Short term
             accommodation means the use of the premises for providing accommodation of less
             than 3 consecutive months to tourists or travellers.


                                                                                           Page 2 of 4

Page 3

ATTACHMENT 1 - MCU22 0060 - PROPOSED CONDITIONS
      External Works
20.   Margit Crescent must be upgraded for the length of its frontage to the subject site. The works,
      which must be undertaken in accordance with an Operational Works approval and be generally
      in accordance with Barlow Shelley’s Earthworks Plan (P01) dated 20 June 2022 are:
      a.   construction of a 1.5-metre-wide pedestrian footpath in accordance with the conditions
           of this Decision Notice; and
      b.   removal of the existing property access and reinstatement of the kerb and verge area to
           match the balance of the site frontage, including the provision of topsoil and turf where
           the existing verge is grassed.
      Site Access and Driveways
21.   A sealed access driveway must be provided from Margit Crescent to all parking and
      manoeuvring areas of the development. The works must be undertaken in accordance with an
      Operational Works approval and be generally in accordance with Barlow Shelley’s Earthworks
      Plan (P01) dated 20 June 2022.
      Car Parking
22.   A minimum of 3 car parking spaces must be provided and marked on the site. The works must
      be undertaken in accordance with Drawing No. 22-0005 DA301A, Revision D prepared by OH
      Architecture and dated 15 November 2022.
      Stormwater Drainage
23.   The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with an Operational Works approval
      and must include the works shown on the drawing titled ‘Stormwater Layout and Services
      Layout Carparking and Manoeuvring Layout’, Drawing Number P02 Rev C, dated
      08/08/20222, prepared by Barlow Shelley Consulting Engineers, with the exception of the
      following:
      a.   The area provided for infiltration at each soakage pit is to be increased to the area
           required to infiltrate a flow of 1L/s, based on the in-situ saturated hydraulic conductivity
           of the soil; and
      b.   The pit connection point for roofwater downpipes is to be nominated on the Operational
           Works drawings, such that any sections of roofwater pipework with negative grade are
           able to drain to the soakage pit and empty between rainfall events.
      Services
24.   Unless otherwise stipulated by telecommunications legislation at the time of construction, the
      development must be provided with all necessary conduits, pits and pipes to accommodate
      the future connection of optic fibre technology telecommunications.
25.   Certification must be submitted to Council from all relevant service providers (Energex, NBN
      and Unitywater) which certifies that the development has met the requirements of this Decision
      Notice and all applicable legislation at the time of construction.
      Easements
26.   Unless otherwise agreed in writing by the relevant service provider, any public or third party
      infrastructure located on the subject site must be placed within an easement registered against
      the title of the property.
27.   All 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.
28.   All works must be kept clear of any existing or proposed easements on the subject land, unless
      agreed otherwise in writing by the Grantee.


                                                                                          Page 3 of 4

Page 4

ATTACHMENT 1 - MCU22 0060 - PROPOSED CONDITIONS
      Earthworks and Retaining Walls
29.   All fill and associated batters must be undertaken in accordance with an Operational Works
      approval, be generally in accordance with Barlow Shelley’s Earthworks Plan (P01) dated 20
      June 2022 and contained entirely within the subject site unless written permission from the
      respective landowner(s) is provided to Council.
      Damage to Services and Assets
30.   Any damage caused to existing services and assets as a result of the development works must
      be repaired at no cost to the asset owner at the following times:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
           or
      a.   where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and assets
      must first be referred to the relevant service authority for approval.
      Waste Management
31.   A waste storage area must be maintained in accordance with Planning Scheme Policy PSP9
      Waste Management and the Noosa Plan’s Waste Management Code. The waste storage area
      must be correctly sized for all refuse and recycling containers.




                                                                                       Page 4 of 4