Beach Road Retreats Stage 2 Conditions

Page 2

132008.1779.1

 

Planning Assessment

1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following
table and may be amended by these conditions and annotations on the plans.

Plan No. Rev. Plan Name - Prepared by Date
Drawing 2 of SK NNS South West ‘Retreats’ Vegetation April 2007
3 Management Plan 02 - Terrain Consultants
C1384-01-A Construction Access Zone Plan, Stage 2 Beach 19 November 2010
Road Retreats — Wolter Consulting Group
UDOS B Visitor Accommodation South West — Deicke 13 October 2008
Richards
DDO2 2 Retreats master Plan - Gall & Medek 18 June 2008
DD20 1 Retreat Type A, Floor Plan - Gall & Medek 18 June 2008
DD21 2 Retreat Type A, Roof Plan - Gall & Medek 18 June 2008
DD22 2 Retreat Type A, Side Elevation - Gall & Medek 18 June 2008
DD23 1 Retreat Type A, End (entry) Elevation - Gall & 18 June 2008
Medek
DD24 1 Retreat Type B, Floor Plan - Gall & Medek 18 June 2008
DD25 4 Retreat Type B, Roof Plan - Galt & Medek 18 June 2008
DD26 4 Retreat Type B, Side Elevation - Gall & Medek 18 June 2008
DD27 2 Retreat Type B, Section - Gall & Medek 18 June 2008
DD28 4 Retreat Type C, Floor Plan - Gall & Medek 18 June 2008
DD29 1 Retreat Type C, Roof Plan - Gall & Medek 18 June 2008
DD30 1 Retreat Type C, End Elevation - Gall& Medek 18 June 2008
DD31 1 Retreat Type C, Side Elevation - Gall& Medek 18 June 2008
DD32 4 Retreat Type D, Floor Plan - Gall & Medek 18 June 2008
DD33 1 Retreat Type D, Roof Plan - Gall & Medek 18 June 2008
DD34 1 Retreat Type D, Side Elevation - Gall & Medek 18 June 2008
DD35 5 Retreat Type E, Floor Plan - Gall & Medek 18 June 2008
DD36 2 Retreat Type E, Roof Plan - Gall & Medek 18 June 2008
DD37 2 Retreat Type E, Side Elevation - Gall & Medek 18 June 2008
DD38 2 Retreat Type E, End Elevation - Gall & 18 June 2008
Medek

2. Prior to the commencement of the use, the applicant is required to submit a further
code assessable application for a Development Permit for a Material Change of Use of
Premises complying with the conditions of this Preliminary Approval.

3: Development undertaken in accordance with this approval must comply with the Noosa
North Shore Eco-Tourism Portal Development Code dated 7 March 2006 and as
amended 10 May 2007.

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132008.1779.1

 

4. The Preliminary Approval for a Material Change of Use of premises lapses on the
6 June 2015 if the total development is not complete by that date, unless otherwise
extended by Council.

5. The future car parking areas identified on the approved plans are not subject to this
approval.

6. All vegetation shall be retained, and the landscape rehabilitated and restored in
accordance with approved Conservation Precinct and Ecological Restoration Technical
Reports pursuant to the Noosa North Shore Eco-Tourism Portal Development Code,
and include at a minimum:-

6.1. The retention of significant trees and the rehabilitation and restoration of the
landscape within the Construction Access Zone as identified by the Arborist
Report of Significant Trees Rev B dated October 2007 prepared by Terrain
Consultants and shown on Vegetation Management Plan 02 50645 Dwg 2 Issue
SK, dated April 2007 prepared by Terrain Consultants;

6.2. The retention of all vegetation and the rehabilitation and restoration of the
landscape outside of the Construction Access Zone as shown on Construction
Access Zone Plan, Stage 2 Beach Road Retreats C1384-01-A dated 19
November 2010 prepared by Wolter Consulting Group; and

6.3. The retention of all vegetation and the rehabilitation and restoration of the
landscape within the 20 metre Landscape Buffer Zones and 20 metre Fire
Buffer Zones within the site in accordance with the Structure Plan of the Noosa
North Shore Eco Tourism Portal Development Code, excluding any vegetation
permitted for removal in accordance with Condition 4.2.

Details of vegetation to be retained and the landscape rehabilitation and restoratidn
works shall be detailed in an application for Operational Works — Landscaping
(Rehabilitation and Restoration).

7. Clearing of vegetation shall be in accordance with an Environmental Management Plan
and Fire Management Technical Report pursuant to the Noosa North Shore Eco-
Tourism Portal Development Code and may include:-

7.1. the clearing of vegetation other than significant trees within the Construction
Access Zones as identified by the Construction Access Zone as shown on
Construction Access Zone Plan, Stage 2 Beach Road Retreats C1384-01-A
dated 19 November 2010 prepared by Wolter Consulting Group;

7.2. the clearing of significant trees as identified by the Vegetation Management
Plan 02 50645 Dwg 2 Issue SK dated April 2007 prepared by Terrain
Consultants; and

7.3. the clearing of understorey vegetation, selective clearing of dead trees and a 5m
wide cleared fire trail, with passing bays in the Fire Buffer Zone as identified on
the Vegetation Management Plan 02 50645 Dwg 2 Issue SK dated April 2007,
prepared by Terrain Consultants and the Fire Management Technical Report.

8. Prior to the issue of a Development Permit for a Material Change of Use, the centre
point of the building locations shall be pegged and the trees tagged and numbered as
per the Arborist Report of Significant Trees prepared by Terrain Consultants and dated
October 2007. A site inspection shall be arranged with Council Officers to ensure
building locations do not compromise the health of nearby trees.

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132008.1779.1

 

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

Prior to the commencement of any works, access exclusion fences or similar protective
measures shall be erected around the perimeter of the Construction Access Zones as
identified on the Construction Access Zone Plan, Stage 2 Beach Road Retreats
C1384-01-A dated 19 November 2010 prepared by Wolter Consulting Group and
Conservation Precinct in accordance with the Structure Plan of the Noosa North Shore
Eco Tourism Portal Development Code.

Guest Lodges shall not be fully self-contained in accordance with the use definition
under the Noosa North Shore Eco-Tourism Portal Development Code.

The Guest Lodges shall be for short term visitor accommodation only, with no person
permitted to occupy the Guest Lodges for the purposes of permanent accommodation
in accordance with the Noosa North Eco-Tourism Portal Development Code.

The Community Management Statement shall include provisions making specific
reference to this approval and in particular the permitted use of the Guest Lodges; and
the measures contained in approved Technical Reports and Environmental
Management Plan that manage the potential threat of bushfire; maintain sewer and
water infrastructure; and ensure the protection of the environmental values of the site.

A verification survey of the Guest Lodges 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 of one storey and 6 metres above natural and
finished ground levels.

Advertising signage shall be designed and sited in accordance with the Noosa North
Shore Eco-Tourism Portal Development Code. Plans of the proposed advertising
signage shall be submitted with an application for Operational Works.

Plantation timbers shall be used in all buildings’ in accordance with Overall Outcome
OO8b), with all external colours to be muted earth tones drawn from the natural setting
of the site pursuant to Overall Outcome O05c) of the Noosa North Shore Eco-Tourism
Portal Development Code.

All Guest Lodges shall incorporate water sensitive design including consistency with
AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North Shore
Eco-Tourism Portal Development Code.

Renewable resources and low energy consumption principles shall provide a minimum
of 50% of the Guest Lodges power, cooking and heating needs in accordance with
Overall Outcome OO8d) of the Noosa North Shore Eco-Tourism Portal Development
Code.

All open windows of the Guest Lodges shall be screened to reduce the impact of biting
insects in accordance with Overall Outcome OO8f) of the Noosa North Shore Eco-
Tourism Portal Development Code.

A minimum of one Guest Lodge shall have full wheelchair access in accordance with
Overall Outcome OO9b) of the Noosa North Shore Eco-Tourism Portal Development
Code.

A minimum of one covered parking space shall be provided for each Guest Lodge in
accordance with Overall Outcome O012a)ii) of the Noosa North Shore Eco-Tourism
Portal Development Code.

A network of pedestrian and bikeways shall be provided in accordance with Overall
Outcome 0013a) of the Noosa North Shore Eco-Tourism Portal Development Code.
A plan of this network shall be submitted for assessment with an application for
Operational Works.

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132008.1779.1

 

22.

23.

24.

25.

26.

27.

¥

A minimum of 20 bicycles shall be made available for development in the West
Development Zone in accordance with Overall Outcome O013b) of the Noosa North
Shore Eco-Tourism Portal Development Code.

A fully accessible shuttle facility operating as a free service available to the general
public and servicing the development on Lot 2 RP 135678 and the Eco-cabins, Village
Green Recreation Centre in the East Development Zone and Guest Lodges in the West
Development Zone shall be provided in accordance with Overall Outcome 0013d) of
the Noosa North Shore Eco-Tourism Portal Development Code. A timetable for the
shuttle bus servicing the West Development Zone shall be provided with the application
for Operational Works.

Apart from emergency or service vehicles, there shall be no access to the
Conservation Precinct from the West Development, pursuant to the Noosa North Shore
Eco-Tourism Portal Development Code.

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.

Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
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.

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.

>

Operational Works Assessment Branch

Vehicle Access

28.

29.

30.

31.

32.

A vehicular access driveway to serve the development shall be constructed from the
Beach Road frontage of the site with a maximum width of 6.0m.

Vehicle access to the development shall be undertaken in accordance with the Traffic
Management Plan. The Traffic Management Plan for the development shall be
submitted to Council as part of any application for Operational Works approval.

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.

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 AS2890.1, 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.

The internal access road and other lesser driveways shall be designed and constructed
to alignments that protect existing vegetation where practicable and with suitable
minimum widths and passing opportunities where necessary. The alignment and widths
of the internal access road and lesser driveways shall be clearly shown on plans
submitted for Operational Works approval.

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132008.1779.1

33. Should any clearing be required for the construction of the internal driveways the trees
to be removed shall be clearly marked on site and a joint inspection undertaken with a
Council Officer prior to the commencement of any clearing works.

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

Car Parking

35. Carparking shall be provided within the site generally as shown on drawing number
C1384-01-A dated 19 November 2010 by Wolter Consulting Group except as modified
herein.

36. A minimum of 20 covered carpark spaces shall be provided on site, including 1 clearly
defined disabled carpark space.

37. The carparking area shall be designed to comply with the provisions of AS/NZS
2890.1-2004 for user class 1A 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.

38. Turning areas shall be provided within the internal driveways or adjacent to the “retreat”
buildings to enable vehicles to-exit the “retreat” buildings in a forward gear. The extent
of the turning area shall be clearly shown on any plans submitted for Operational
Works approval.

39. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Stormwater Management

40. The applicant shall use permeable surfaces for low turnover parking areas, low use
access ways and shall investigate the possibility of reducing impermeable surfaces
throughout the Stage in accordance with OO11b).

41. Detailed drawings shall be submitted with the Operational Works Application
demonstrating that the access ways, driveways and parking surfaces are designed to
maintain existing drainage patterns and avoid concentrating stormwater flows.

Erosion and Sediment Control

42. 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 prior to obtaining a Development Permit for
Operational Works.

Management Plans

43. The applicant shall submit reports for the relevant stage in accordance with the
Environmental Management Strategy as outlined in Section 6 of the NNSETP Code,
unless previously approved by Council for all stages. These reports shall be submitted
for approval in conjunction with Operational Works application for the relevant stage.

44. A Construction Management Plan addressing all construction phases of the relevant
stage shall be prepared by a suitably qualified person and submitted to Council for
approval prior to obtaining a Development Permit for Operational Works. The plan
should aim to address every foreseeable problem eg: movements of excavation and
construction machinery, building material deliveries, stockpiling of materials etc that is
likely to occur during the construction process of the relevant stage and include
recommendations on how these can be overcome or minimised.

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132008.1779.1

 

General

45.

46.

47.

48.

49.

For the following classes of work associated with development, a Development Permit
for Operational Works must be obtained prior to commencement of works relating to
that class of work. The application may combine any or all of these classes of work:~

45.1. Access and/or Carparking.
45.2. Site Civil Works.

45.3. Roadworks.

45.4. Stormwater Drainage.

45.5. Landscaping.

45.6. Erosion & Sediment Control

Digital detailed designs including drawings, calculations, etc shall be submitted with
any application for a Development Permit for Operational Works in respect of
roadworks and stormwater drainage works. The design shall be in accordance with
Council’s Planning Scheme Policy PSP05 — Engineering Design Standards — Roads,
Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the
plans.

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.

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. 3

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.

Hydrology

50.

Prior to the issue of a Material Change of Use for Stage 3A substage (ii) of the western
development, the following must occur:

50.1. A MUSIC model must be submitted for a stormwater treatment design that
demonstrates that the development can achieve compliance with the Noosa
Northshore Eco-Tourism Portal Development Code - Environmental
Management Plan — Element 4 Stormwater, Erosion and Sediment Control -
Objectives 1 and 2. Stormwater must be outlet to a legal point of discharge.

50.2. Compliance with Conditions 44, 45, 45.1, 45.4, 45.10, and 46 of 23537DA must
be demonstrated.

50.3. The development must comply with all requirements of 23537DA.

50.4. The development must comply with all requirements of the Noosa Northshore
Eco-Tourism Portal Development Code.

Environmental Health

51.

Potable drinking water to all sinks, taps and showers is to meet the National Health &
Medical Research Council Australian Drinking Water Guidelines. Prior to the
commencement of use, certification shall be provided to Council prepared by a suitably
qualified RPEQ Engineer, to certify that the development is provided with a safe,
continuous and adequate supply of potable water in accordance with this condition.

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132008.1779.1

 

52.

53.

54.

55.

56.

57.

58.

59.

Where a complaint (other than a frivolous or vexatious complaint) is made to the
Sunshine Coast Council about potable water quality at the development site, water
must be treated to a potable standard in accordance with the above condition and
analysed by an approved lab as directed by Sunshine Coast Council.

Waste storage and disposal facilities must be provided for the development in
accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings
and Commercial and Industrial Premises”, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A wash down area is required with a cold-
water tap, hose and drain outlet connected to septic system or approved absorption
trench. The drain outlet is to be designed to prevent stormwater entry to the absorption
trench.

Refuse containers must be provided for premises in accordance with the requirements
of the Environmental Protection (Waste Management) Regulation 2000, for the storage
and collection of refuse.

The development must allow refuse-loading areas to be located off street. All vehicles
associated with the collection of waste/recyclables, shall enter and leave the site in a
forward direction.

A Waste Management Plan (Operational) in accordance with the Noosa North Shore
Eco-Tourism Portal Development must be submitted for the day-to-day operations and
approved by Council’s Environment and Landscape Assessment Unit prior to issue of
development permit for operational works.

A Waste Management Plan (Demolition/Construction) in accordance with the Noosa
North Shore Eco-Tourism Portal Development Code shall be submitted for the
demolition and construction phases of the development and approved by Council's
Environment and Landscape Assessment Unit prior to the issue of the development
permit for operational works.

Noise emission from mechanical equipment (air conditioners, refrigeration equipment
or pool pumps etc) shall comply with the following requirements:

The equipment shall be enclosed, shielded and/or positioned in a manner that prevents
excessive noise as defined in Council’s Local Law No. 12 - Control of Nuisances.

A person must not use equipment on any day if it makes or causes noise to be made —

From 10pm to 7am: More than the lower of either —

° 40 dB(A)

° 3 dB(A) above the background noise level

° No audible noise for pool pumps apply during these hours.

From 7am to 7pm: More than the lower of either —

° 50 dB(A)

° 5 dB(A) above the background noise level

From 7pm to 10pm: More than 3 dB(A) above the background noise level.

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

9.1. Limited to between 7:00am to 5 :00pm Monday to Saturday.
9.2. All reasonable measures must be taken to minimise noise emissions.
9.3. Not permitted on Sunday or public holidays.

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132008.1779.1

 

60.

61.

62.

Prior to the use commencing certification must be submitted to Council from an
appropriately qualified acoustic consultant which certifies that the limits specified in
condition 8 have been met.

Lighting devices to be installed on the site, i.e. security lights etc, are to be
appropriately designed, sited, installed and tested to be in accordance with Australian
Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting”. Prior to the
use commencing, certification shall be provided to Council from a RPEQ certified
Electrical Engineer, to demonstrate that the above requirements have been met.

All rainwater tanks must be constructed with mosquito proof screens (made from either
brass, copper, aluminum or stainless steel), and constructed with a mesh size of no
more than 1mm, and must be installed in a way that does not accelerate corrosion.
Tanks that contain flap valves must be installed so that when closed, mosquitoes
cannot pass through the valve.

Sewer Infrastructure

63.

64.

65.

66>

The internal sewerage reticulation system, including pump stations shall be constructed
to the Standards and Requirements as detailed in the Plumbing and Drainage Act
2002.

The internal sewerage reticulation system shall be designated as “private sewers” with
all operations and maintenance requirements the responsibility of the property
owner/body corporate.

Sewer house connection drains shall be located within the disturbance area for the
driveway if practicable.

Occupation of the “retreat” buildings and/or any other building shall not commence until
such time as the sewerage system is fully operational and connected to a permanent
sewerage treatment facility and disposal area as approved by the EPA.

Water Supply

67.

Water supply infrastructure for the development shall be designed to ensure
consistency with OO8c), 0015, Section 6.4 and Schedule F — 9.6.10 of the NNSETP
Code.

Infrastructure Policy Branch

Roadworks Contributions (Local Road Network)

 

 

68. In accordance with the "Noosa North Shore Eco-Tourism Portal Development Code", a
roadworks contribution of $16,697 towards the upgrading of Moorindil Street shall be
paid to the Council prior to the commencement of the use of any part of Stage Three.
This amount will be subject to variations in the Consumer Price Index, All Groups
Brisbane from March 2011 until the date of payment.

| 5. REFERRAL AGENCY CONDITIONS |
Referral Trigger Referral Status Referral Agency Referral Address
Site contains Concurrence Department of PO Box 573
assessable vegetation Natural Resources NAMBOUR QLD 4560
and Water
Site is within a 100 Advice Environmental Ecoaccess Customer
metre of a wetland Protection Agency : Service Unit,

PO Box 15155, CITY
» EAST QLD 4002

A copy of any referral agency conditions is attached.

PD-DA-FM58/5-02/04/2009 Page 9 of 19

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132008.1779.1

 

 

|6. | PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the

following tables:
Approved Plans

Plan No. Rev.

Drawing 2 SK
of 3

C1384-01-A
UDO5 B

DDOo2
DD20
DbD21
DD22
DD23

= MB BS =| NY

DD24
DD25
DD26
DD27
DD28
DD29
DD30
DD31
DD32
DD33
DD34
DD35
DD36
DD37
DD38

MM MY oO |=Ss= Ss KR BA SB Ba RD |B a

Plan Name — Prepared by

NNS South West ‘Retreats’ Vegetation
Management Plan 02 - Terrain Consultants

Construction Access Zone Plan, Stage 2 Beach
Road Retreats — Wolter Consulting Group

Visitor Accommodation South West — Deicke
Richards

Retreats master Plan - Gall & Medek

Retreat Type A, Floor Plan - Gall & Medek
Retreat Type A, Roof Plan - Gall & Medek
Retreat Type A, Side Elevation - Gall & Medek

Retreat Type A, End (entry) Elevation - Gall &
Medek

Retreat Type B, Floor Plan - Gall & Medek
Retreat Type B, Roof Plan - Gall & Medek
Retreat Type B, Side Elevation - Gall & Medek
Retreat Type B, Section - Gall & Medek
Retreat Type C, Floor Plan - Gall & Medek
Retreat Type C, Roof Plan - Gall & Medek
Retreat Type C, End Elevation - Gall & Medek
Retreat Type C, Side Elevation - Gall & Medek
Retreat Type D, Floor Plan - Gall & Medek
Retreat Type D, Roof Plan - Gall & Medek
Retreat Type D, Side Elevation - Gall & Medek
Retreat Type E, Floor Plan - Gall & Medek
Retreat Type E, Roof Plan - Gall & Medek
Retreat Type E, Side Elevation - Gall & Medek
Retreat Type E, End Elevation - Gall & Medek

Approved Documents

Document No.

PD-DA-FM58/5-02/04/2009

Rev. Document Name

B Arborists Report of Significant Trees
— Terrain Consultants

Date
April 2007

19 November 2010
13 October 2008

18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008

18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008
18 June 2008

Date
October 2007

Page 10 of 19

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132008.1779.1

 

 

[7.._ ADVISORY NOTES |

These Advisory Notes do not form part of this approval or the conditions attached thereto.
The following Advisory Notes are intended to provide guidance to the applicant where
necessary and inform the applicant of actions that Council may take with respect to the
development site or the approval:

Development Plans

1. The proposed layout and number of retreats may be required to be amended pending
the results of the Stormwater Treatment Design.

Infrastructure Charges

2. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of
the infrastructure contributions and/or charge notice so a payment advice detailing the
amounts applicable at the time of payment may be issued to accompany the payment.

Payment of infrastructure contributions/charges will not be accepted by credit card
transaction.

Environmental Health

3. The Environmental Protection Act 1994 states that a person must not carry out any
activity that causes, or is likely to cause, environmental harm unless the person takes
all reasonable and practicable measures to prevent or minimise the harm.
Environmental harm includes environmental nuisance. In this regard persons and
entities, involved in the civil, earthworks and construction phases of this development,
are to adhere to their ‘general environmental duty’ to minimise the risk of causing
environmental harm. Environmental harm is defined by the Act as any adverse affect,
or potential adverse affect whether temporary or permanent and of whatever
magnitude, duration or frequency on an environmental value and_ includes
environmental nuisance. Therefore, no person should cause any interference with the
environment or amenity of the area by reason of the emission of noise, vibration, smell,
fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit,
sediment, oil or otherwise, or cause hazards likely in the opinion of the administering
authority to cause undue disturbance or annoyance to persons or affect property not
connected with the use.

In accordance with the Public Health Act 2005, rainwater tanks must be constructed
with mosquito proof screens (made from either brass, copper, aluminum or stainless
steel), and constructed with a mesh size of no more than 1mm, and must be installed in
a way that does not accelerate corrosion. Tanks that contain flap valves must be
installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful
under the Public Health Act 2005 to construct, install or be in possession of a tank that
does not comply with these requirements.

Plumbing

4. The applicant is advised that a Compliance Permit for all potable water supply,
recycled water, 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. Separate water supply and sewerage
hydraulic drawings shall be submitted detailing all internal plumbing installations for
water and sewer house drainage for approval, as part of the building application
process, and in accordance with the Plumbing and Drainage Act 2002.

Equitable Access and Facilities

5. The plans for the proposed building work have NOT been assessed for compliance
with the requirements of the Building Code of Australia — Part D3 as they relate to

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132008.1779.1

 

people with disabilities. Your attention is also directed to the fact that in addition to the
requirements of the Building Code of Australia - Part D3 as they relate to people with
disabilities, one or both of the following may impact on the proposed building work:

(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)

Sunshine Coast Regional Council recommends that the following matters be
considered to address equitable access and facilities in the building:

(a) The building and environs should be designed to meet the requirements of the
Human Rights and Equal Opportunity Commission “Advisory Notes on Access
to Premises” and AS 1428.2

(b) Applicants should be aware that a “Disability Standard on Access to premises”
is currently being developed and most likely will impose changes on the
Building Code of Australia

(c) Any services and facilities in the building complex should allow independent,
dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003

6.

There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.

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.” \t 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 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 3239 3647 to
discuss any obligations under the ACH Act.

 

| PROPERTY NOTES |

Not Applicable

 

| PRELIMINARY APPROVAL OVERRIDING SCHEME

Not Applicable

 

| FURTHER DEVELOPMENT PERMITS REQUIRED |

Development Permit for Material Change of Use of Premises (Visitor Accommodation
Type 4 - Stage 3A substage (ii)).

Development Permit for Operational Work (Access and/or Carparking, Site Civil Works,
Roadworks, Stormwater Drainage, Landscaping, Erosion & Sediment Control).

Development Permit for Building Work (All Building Works).

 

| SELF ASSESSABLE CODES |

Not Applicable

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Page 13

132008.1779.1

 

[ SUBMISSIONS |

Not Applicable

 

| REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME |

Not Applicable

 

| RIGHTS OF APPEAL |

You are entitled. to appeal against this decision. A copy of the relevant appeal provisions
from the Integrated Planning Act 1997 is attached.

During the appeal period, you as the applicant may make written representations to Council
about the conditions contained within the development approval. If Council agrees or part
agrees with the representations, a “negotiated decision notice” will be issued. Only one
“negotiated decision notice’ may be given. Taking this step will defer your appeal period,
which will continue after Council makes its decision. (Refer to sections 3.5.17 and 3.5.18 of
the Integrated Planning Act 1997.)

 

| OTHER DETAILS |

Should you wish to obtain more information about Council’s decision, electronic copies of
which are available on line at www.sunshinecoast.gid.gov.au, or at Council offices.

Yours faithfully
L wt
Ke Coy hs

KERRI COYLE
COORDINATOR PLANNING APPLICATIONS NORTH

Encl Appeal Rights
Approved Plans (Preliminary)
Significant Trees Arborist Report Rev B October 2007, approved 13/12/07

PD-DA-FM58/5-02/04/2009 Page 13 of 19

Page 14

 

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

)Sunshine Coast Referral Agency Conditions

 

Queensland Government

Natural Resources and Water

Autror. Par ois Torys

NPY Reference: 2008010321
Wour Raterence: C5354
SCRE: FLOR TIE

Unt Vegeralion Management Unt
Phone: 5460 6233

 
 

23 February 2009

Mr Andrew Crawford
PO Box 436
New Farm QLD 4005

acrayford@volterconsulting. com.au

Dear Mr Crawford

Application to Material Change of Use on Lot 2 $P1B6169 - Sunshine Coast Regional
Council — Referral Agency Response

The Department of Natural Resources and Water (NRW), acting as a Concurrence Agency,
has completed the assessment of the above application against the Concurrence Agency
Policy for Material Change of Use.

A Referral Agency Response, prepared pursuant to section 3.3.16(1} of the Integrated
Planning Act 7997, is enclosed.

We further advise that Section 3.5.9 of the Integrated Planning Act 1997 makes provision
for an appiicant to give written notice to the Assessment Manager to stop the cleciston-
making penod (for not more than 3 manths} at any time before the decision is made. This is
to enable representations to be made to a referral agency about the referral agency
respanse.

Should you have any questions about the above, please contact Andrew Calins, Senior
Vegetation Management Officer, on telephone number 5480 5333, quoting the above
teference number.

Yours sincerely

re ane AL
Tricia Tonks
Administration Officer

oo Evelyn Murchy
Sunshine Coast RO

[email protected]

NRW

27 OConnel Ssreet
Leosed Bag 25
Symp 4870 Qld

Telephone 492 £333
Facsimile 420532)
Website wan. cid. gov au
Abs 83 725 597 386

 

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Page 15

132008.1779.1

Department of Natural Resources and Water (NRW}-—

Referral agency response
Given under Section 3.3.16 of the integrated Planning Act 1997 (Qld)

1. Application details

1.1 Applicant's name Wolter Consulting Group

1.2 Property description Lot 2 SP186169

1.3 Development type Material Change of Use MCU}
i4 Assessment manager Sunshine Coast Regional Council
15 Assessment managerreference 2008/1779

1.6 Referral date 12 December 2008

1.7 NRW references eLVAS — 2008/010131

RecFind —GYV/001528
TrackJob — IC1208G-YMO0G0o

2. Concurrence agency response
The chief executive of NRW directs the assessment manager to include the
following conditions in any development approval given for the application:

2.1 No infrastructure as a result of the material change of use of Lot 2
SP 186169—except for underground services, fences, and roacds—is to
be established or located within the area shown as Area A on the attached
Referral Agency Response (Vegetation) Plan that has the reference
“RARP2008/010131". . >

3. Reasons for the concurrence agency response
NRW has assessed the application against the Concurrence Agency Paticy for
Afarerial Change of Use (CU) 23 Auenst 2007 and has determined thar the
application meets the requirements of Criteria Table B, because clearing asa
result of the MCU will oniy occur:
efor an urban purpose in an urban area on freehold land

® in remnant vegetation that does not contain an endamgersd regional
ecosystem, where there is no PMAY for the area subject to the clearing.

NRW has directed the assessment manager to include conditions in any
development approval given for the application to ensure that:
« clearing as a result of the MCU does not occur within assessable vegetation
« the application remains consistent with the MCU Policy.

4, Definitions
Underlined terms have been defined—ichedule 4 — Glossary.

5. Delegated officer signature

Andrew Collins
Senior Vegetation Management Officer — ¥M1

South East Region, NRW
23 Febnuary 2009

 

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Page 16

132008.1779.1

NRW — Referral agency response 2008/010131

Attachment 1 Schedule A — Glossary
Schedule B —- Natural Resources and Water Advice
Attachment 2 Referral Agency Response (Vegetation) Plan -
RARP2008/010131

 

Pagel of4

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Page 17

NEW - Referzal azecey reponse 2008010131

Schedule A — Glossary
Clearing, for vegetation:
© means remove, cut down, ringbark, push over, poison or destroy in any way
including by buming, flooding or draining; but
e does not include destroying standing vegetation by stock, or lopping a tree.

Clearing as a result of the MCU includes:
© clearing of assessable vegetation that will result from the change in use,
consisting of any of the following
— clearing for infrastruchire—including buildings, stormwater management
systems, water supply and sewerage systems—that are proposed as part of
the MCU application
- clearing for reads, vehicle parking, vehicle and pedestrian access, utilities
eorridors, services, fences, firebreaks and fire management lines that are
proposed as part of the MCU application
— clearing that may not be necessary for developing infrastructure but is
associated with the use applied for.
And
e clearing of assessable vegetation that will become exempt if the development
application is approved. This includes any of the foliowing examples
— clearing for routine management and essential management purposes
associated with the approved development including cleaning to maintain
proposed infrastructure, facilities, roads, access routes, utilities, services
and ferices, and clearing ta maintain the safety of persons and property that
will be associated with the development
— clearing for necessary fire breaks and fire management lines associated
with the development. This will be assessed as follows
i. afl buile infrastructure other than waderground services, roads and
fences will be assessed as requiring clearing for firebreaks with a
width of 1.5 times the height of the tallest vegetation adjacent to the
infrastructure, or 20m, wiichever is the greater, However. evidence
may be provided to NRW that confirms that an alternative firebreak
width is required that is consistent with the State Planning Policy
(SPP) 1/03 Guideline
ii. all proposed allotment boundaries will be assessed as requiring
clearing for fire management lines with a width of 10m constructed
on either side of the allotment boundary. unless NRW is provided
with evidence that confirms that an alternative width of fire
management line is required or an alternative configuration of fire
managenient lines are required that is consistent vith the SPP 1/03
Guideline
iii, im the case of evidence being presented that demonstrates altemmative
fire management guidelines as bemg sufficient and consistent with
the SPP 1°03, NRW may condition the development so that the full
extent of exempt clearing prescribed for essential management under
Schedule § of the IPA cannot be carried out by current or future
landholders
— where there is a concurrent application for Reconfiguring of a Lot (RaL)
for the same land that has not yet been decided—clearing as a result of the
”RaL as ser out in the RaL Policy item 2 will be assessed.

 

Baga 2 of 4

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132008.1779.1

Page 18

132008.1779.1

 

NRW —- Refecral agency respomsa 2008010121

Endangered Regional Ecosystem means a regional ecosystem that is prescribed under
a regulation and has either—

(a) less than 10% of its pre-clearing extent remaining; or

(b) 10% to 30% of its pre-clearing extent remaining and the remnant vegetation
remaining is tess than 10000ha

Regional Ecosystem means a vegetation community in a bioregion that is consistently
associated witht a particular combination of geology, landform and soil.

Remnant Vegetation for an area of Queensland within a regional ecosystem map,
means the vegetation mapped as being within rermant endangered regional
ecosystems, remnant of concern regional ecosystems and remnant not of concern
regional ecosystems shown

on the map.

Urban area is an urban area as defined in the Jntezrated Planning Act 1997.
Urban Purpose is an urban purpose as defined in the Integrated Planning Act 1997.

Vegetation is a native tree or plant other than the following:
* grass or non-woody herbage
* aplant within a grassland regional ecosystem prescribed under a regulation
® amangrove.

Schedule B - Natural Resources and Water Advice

Aboriginat cultural heritage advice

Under Section 23 of the ddarigia? Culn@al Heritage dct 2003 (Qtd), a person
who carries out an activity must take all reasonable and practicable measures to
ensure that the activity does not harm Aboriginal cultural heritage (the ‘cultural
heritage dury of care’}. Maximum penalties for breaching the cultural heritage
duty of care are $750 000 for a corporation and $73 G00 for an individual.

Applicants will comply with the cultural heritage ducy of care in relation to
Aboriginal cultural heritage if they are acting in compliance with the cuitaral
heritage duty of care guidelines gazetted under the Aboriginal Culniral Heritage
Act 2003 (Qld), available on the NRW website, or in accordance with an
agreement with the Aboriginal party for the area or a cultural heritage
wmanagement plan approved under Part 7 of the ddorigina!l Cultural Heritage act
2003 (Old)

Applicants should also undertake a search of the dboriginal Cultural Heritage
Database and the Aboriginal Cultural Heritaze Register, administered by the
NRW Cultural Heritage Coordination Unit. Application forms to undertake a free
search of this database and register may be obtained by contacting the Cultural
Heritage Coordination Unit on 07 3238 3838 or on the NRW website at

caw nw git. gov.auwcultural heritage?

 

Pnge 4 af +

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132008.1779.1

 

 

Sunshine Coast

Regional Counci

 

incl!

|The following is an extract from the Integrated Planning Act
(Chapter 4).
Division 8
applications
Appeals by applicants

4.1.27.(1) An applicant for a development application may appeal to
the court against any of the following-

(a) the refusal, or the refusal in part, of a development application;

(b) a matter stated in a development approval, including any
condition applying to the development, and the identification of a
code under section 3.1.6;

(c) the decision to give a preliminary approval when a development
permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be started
within 20 business days (the “applicant’s appeal period”) after the
day the decision notice or negotiated decision notice is given to the
applicant.

(3) An appeal under subsection (1)(e) may be started at any time
after the last day a decision on the matter should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may appeal to
the court about-

(a) the giving of a development approval, including any conditions
(or lack of conditions) or other provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business days (the
“submitters appeal period”) after the day the decision notice or
negotiated decision notice is given to the submitter.

(3) If a person withdraws a submission before the application is
decided, the person may not appeal the decision.

(4) If an application involves both impact assessment and code
assessment, appeal rights for submitters are available only for the
part of the application involving impact assessment.

(5) If an application is processed under section 6.1.28(2), appeal
tights for submitters for the application are available only for the
aspects of the development that would have required public
notification under the repealed Act.

(6) If an application involves assessment against a concurrence
agency code, appeal rights for submitters for the application are not
available against the part of the approval that represents the
concurrence agency's response for the code.

Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction,
appeal to the court about the giving of a development approval for a
development application if-
(a) the development application involves impact assessment; and
(b) the advice agency told the applicant and the assessment
manager to treat its response to the application as a submission
for an appeal.
(2) The appeal must be started within 20 business days after the

day the decision notice or negotiated decision notice is given to the
advice agency as a submitter.

- Appeals to court relating to development

PD-DA-FM58/5-02/04/2009

Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

Appeals for approval

respondents)

4.1.30.(1) For a development approval given for a development

application, a person to whom any of the following notices have been

given may appeal to the court against the decision in the notice-

(a) a notice giving a decision on a request for extension of the
currency period for an approval;

(b) a notice giving a decision on a request to make a minor change
to an approval.

(2) The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.

(3) Subsection (1)(a) does not apply if the approval resulted from
a development application (superseded planning scheme) that was
assessed as if it were an application under a superseded planning
scheme.

(4) Also, a person who has made a request mentioned in
subsection (1) may appeal to the court against a deemed refusal of
the request.

(5) An appeal under subsection (4) may be started at any time
after the last day the decision on the matter should have been made.

Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-
respondents)
4.1.31.(1) A person to whom any of the following notices have been
given may appeal to the court against the decision in the notice-
(a) a notice giving a decision on a request to change or cancel a
condition of a development approval.
(b) a notice under section 6.1.44 giving a decision to change or
cancel a condition of a development approval.
(2) The appeal must be started within 20 business days after
the day the notice of the decision is given to the person.

matters arising after given (co-

(3) Also, a person who has made a request mentioned in
subsection (1)(a) may appeal to the court against a deemed refusal
of the request.

(4) An appeal under subsection (3) may be started at any time
after the last day the decision on the matter should have been made.
Appeals against decisions to change approval conditions under the
repealed Act
4.1.33A.(1) A person who is dissatisfied with a decision made on an
application to change the conditions attached to an approval given
under section 2.19(3)or section 4.4 of the repealed Act may appeal
to the court against-

(a) the decision; or
(b) a deemed refusal of the application.

(2) An appeal under subsection (1)(a) must be started within 20
business days after the day notice of the decision is to be given to
the person.

(3) An appeal under subsection (1)(b) may be started at any time
after the last day a decision on the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a decision of a local
government or the conditions applied under a local law about the use
of premises or the erection of a building or other structure permitted
by the planning scheme may appeal to the court against the decision
or the conditions applied.

(2) The appeal must be started within 20 business days after the
day notice of the decision is given to the applicant.

Page 19 of 19