132007.2398.01 Compiled Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Fax:	07 5329 6501
Our Reference:	JLEWIS:132007.2398.01
Your Reference:	30060
24 June 2014

RSL Care Limited
C/- THG Resource Strategists
PO Box 1038
FORTITUDE VALLEY  QLD  4006

Dear Sir/Madam

Compiled Decision Notice
Sustainable Planning Act 2009

I refer to your request to extend the relevant period of an existing approval.  On 24 June 2014, Council decided your request.

Details of the decision are as follows:
application details
Application No:	132007.2398.01
Street Address:	4 Lamonts Rd & 19 Trading Post Rd COOROY  QLD  4563
Real Property Description:	Lot 1 RP215922, Lot 2 RP165418
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 8 February 2010 decided to issue the following type of approval:-
Development Permit for Material Change of Use – Multiple Housing Type 3 - Retirement & Special Needs
In relation to representations, Council on 23 June 2010 decided to:
A.	Agree to amend Conditions 2.2, 17, 18, 19, 23, 37 & 49
B.	Amend Condition 33

In relation to the request to extend the relevant period of the existing approval, Council on 24 June 2014 decided to:
A.	Approve a change to Condition 6 extending the relevant period for 2 years to 23 June 2016.
relevant period of approval

The relevant period for this development approval finishes on 23 June 2016.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Development, including staging of the development, shall be undertaken in accordance with this approval and must generally comply with the approved plans of development. The approved plans are titled and numbered: -
Site Masterplan	0805-TP03	Revision B	1 November 2008
Schedule of Independent Living Units	0805-TP04	Revision B	1 November 2008
Masterplan Staging	0805-TP05	Revision B	1 November 2008
Village Community Centre – Plans & Elevations	0805-TP06	Revision B	9 March 2009
Village Community Centre – Roof Plan	-	-	-
Apartment Building – Floor Plans	0805-TP07	Revision B	1 November 2008
Apartment Building – Roof Plan	-	-	-
Apartment Building – Elevations	0805-TP08	-	June 2008
Aged Care Residence – Floor and Roof Plans	0805-TP09	Revision B	9 March 2009
			
Aged Care Residence – Elevations	0805-TP10	Revision B	9 March 2009
External materials & colour palette	0805-TP11	-	June 2008
Typical Sections	0805-TP13	-	June 2008
Standard Aged Care Unit Type Z1-B Plan & Elevations  - Floor Plan (Hip Roof)	-	-	October 2007
Standard Aged Care Unit Type Z1-B - Elevations	-	-	October 2007
Standard Aged Care Unit Type Z2-B Reversed Plan & Elevations – Floor Plan (Hip Roof)	-	-	30 September 2008
Standard Aged Care Unit Type Z2-B Reversed  - Elevations (Skillion Roof)	-	-	30 September 2008
Standard Aged Care Unit Type Z3-B Plan & Elevations – Floor Plan (Hip Roof)	-	-	October 2007
Standard Aged Care Unit Type Z3-B – Elevations	-	-	October 2007
Standard Aged Care Unit Duplex Type Z4-B Reversed Plan – Floor Plan (Hip Roof)	-	-	30 September 2008
Standard Aged Care Unit Duplex Type Z4-B Reversed – Elevations (Gable & Hip Roof)	-	-	30 September 2008
Standard Aged Care Unit Duplex Type Z4-B Reversed – Elevations (Hip Roof)	-	-	30 September 2008
prepared by Smith and Tracey Architects and as may be amended by these conditions.
General
Prior to the issue of a Development Permit for Operational Works, amended architectural plans shall be submitted demonstrating a revised layout having regard to the conditional requirements contained herein:-
A mix of independent living units and residential aged care, with a maximum of 179 independent living units and 120 aged care beds.
A maximum of 8 building forms (single or duplex form) and driveway accesses shall be provided to Trading Post Road.
Truncation at Elm and Pearsons Road for existing powerlines.
Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be submitted, to secure performance of all conditions of this approval, prior to the commencement of Stage 1 of the development. 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 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.
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.
The Development Permit for a material change of use of premises lapses if the use has not commenced by 23 June 2016.  The uncompleted aspects of this development approval lapses if the whole of the approved use has not happened by 23 June 2018.
Staging
The staging of the development shall be in accordance with the plan titled Masterplan Staging 0805-TP05 Revision B dated 1 November 2008 prepared by Smith and Tracey Architects.  The following works shall be undertaken and completed prior to the commencement of use of Stage 1:-
All access, roadworks and frontage works including footpaths as required by conditions of this approval;
Bus stop works as required by conditions of this approval;
Fencing, including all acoustic fencing as required by the approved Acoustic Report; to all site boundaries;
Landscaping treatments to open space areas including the establishment and rehabilitation of all detention basins, the establishment of landscaping buffers to site boundaries and adjoining residential properties and street trees; and
Payment of relevant bonds as required by conditions of this approval.
Landscaping
A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or Horticulturalist and shall be in accordance with Council’s Landscaping Code of The Noosa Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The Landscaping Plan shall be submitted and approved as part of an application for Operational Works.  The Landscaping Plan shall address landscaping treatments for the development including internal streetscapes and open space areas, adjoining road network and properties.

The detailed Landscaping Plans shall identify and/or address the following:-
8.1	Street tree planting to Pearsons Road and Trading Post Road to allow good shade canopy once fully mature;
8.2	Existing vegetation to be removed, with this vegetation clearly identified on site for inspection by Council;
8.3	Existing vegetation to be retained and measures employed to ensure vegetation retention;
8.4	Landscaping treatments to internal road network and between buildings;
8.5	Landscaping treatments to open space areas, including any rehabilitation and planting enhancement requirements around the drainage basins within the site;
8.6	Landscaping buffers and fencing to Elm Street, Pearsons Road, Trading Post Road and Lamonts Road;
8.7	Landscape buffers and fencing to adjoining properties;
8.8	The location of pedestrian pathways and seating within the site and on the road reserve adjoining the site.
Such landscaping is to be completed in accordance with the approved landscaping plan prior to acceptance of the development on maintenance.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
All underground services, drainage, footpaths, bike paths, roads and other site works shall be located to minimise adverse impacts on retained vegetation, particularly their root systems.
Public Open Space
Communal recreational facilities shall be located a minimum of 15 metres from bedrooms of Independent Living Units and Aged Care Residence.
Seating shall be provided in communal areas and along pedestrian pathways within the site.
Acoustics
The site is to be developed in accordance with the recommendations of the Acoustic Report as prepared by ASK Consulting Engineers (Project 499IR0IVoI dated 12 March 2009 and the addendum dated 20 March 2009), which include the use of minimum construction methods for buildings and acoustic barriers along site boundaries.
The acoustic report shall be amended, where appropriate, to include additional measures required to address potential road noise on habitable rooms and private open space areas from haulage vehicles along Lamonts Road.
Where mechanical ventilation systems are to be used for the development, the most energy efficient systems shall be installed.
On completion of the development, the developer is required to submit to Council a written certification from an Acoustic Consultant confirming that the proposed noise barriers meet the noise limits for each adjoining residence as outlined under the Acoustic Report for the subject site.
Fencing
Fencing shall be erected on all boundaries of the site and shall have a minimum height of 1.5 metres Trading Post Road and Pearsons Road and 1.8 metres on all other boundaries with the exception of those fences which are required to have a greater height for the purpose of meeting acoustic requirements.
All fencing to road frontages of the site shall be setback a minimum of 1 metre with an average of 2 metres and be screened with landscaping, with the exception of:-
Where open or transparent (ie. minimum 50%) fencing is provided to Pearsons, Trading Post and Lamonts Road, fencing may be incorporated within a minimum 2 metre wide landscape area and/or
18.2	Where fencing to Trading Post Road is provided in alignment with the front building facades of the independent living units, a minimum 2 metre wide landscape area is to be provided within the front building setback.
Building Setbacks
All buildings shall be setback a minimum of 6 metres to Elm Street, Pearsons Road and Lamonts Road.  A minimum setback of 4.5 metres applies to Trading Post Road, providing garages are setback a minimum of 5.5 metres.
All buildings shall be setback a minimum distance that is equivalent to half their building height to adjoining properties, excluding to Lot 1 on RP 165418 where a minimum setback of 2 metres is required.
The distance between any part of any building shall be a minimum of 1.5 metres plus 0.5 metres for each storey of the building with the greatest number of storeys.
Built Form
Buildings shall be varied in their architectural style, construction materials, colours and finishes with no more than four (4) adjoining or consecutive independent living units having the same external colours, materials or finishes.
All buildings shall comprise eave overhangs of a minimum 600mm to 75% of the buildings, with the exception of approved design types Z1-B, Z2-B and Z3-B (including reversed designs), where no or limited eave overhangs are permitted to one side of the building.
Transformers, waste storage areas, etc shall be screened to reduce their visual intrusiveness.
Aged Care Residence
A maximum of 82 employees at anyone time are permitted to be engaged in the operation of the aged care residence.
Employees and visitors of the aged care residence shall be encouraged to utilise the site’s vehicular access from Lamonts Road.
Lot Amalgamation and Road Dedication
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.  The Plan of Survey must also include any land dedication required by this permit.  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.
Prior to commencement of use the applicant shall dedicate road reserve truncation at the intersection of Pearsons Road with Elm Street to ensure that the existing power lines crossing this corner of the site be located within the road reserve.  The new boundary line setback from the power line shall be in accordance with ENERGEX’s requirements and adequate to accommodate any proposed or future pathway at this corner of the site.
Vehicle Access, Roadworks and Frontage Works
All pathways and roadworks required by this approval including the works required by Department of Main Roads (DMR) on Cooroy Connection Road (Elm Street) at its intersections with Pearsons Road and Lamonts Road, and the roadworks required by Council on Trading Post Road, Pearsons Road and Lamonts Road must be included in Stage 1 of the development with the exception of roadworks relating to the site’s access from Lamonts Road which must be carried out as part of the development of the aged care residence (whether or not staged) or the commencement of works for the development of Stages 8 or 9, whichever comes first .
The applicant must design and construct kerb and channel along the western side of Pearsons Road with any associated road widening and drainage works to achieve Local Road standard for Urban area (8m Kerb to Kerb) in accordance with Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks.  The existing kerb line at the intersection of Pearsons Road and Elm Street must also be upgraded in accordance with Department of Main Roads Standard to match the proposed new width and new kerb line of Pearsons Road or as may be specified by Department of Main Roads in the operational works approval. A Development Permit for Operational Works shall be required.
The applicant must construct a cul-de-sac head at the end of Trading Post Road in accordance with Section 3.12 of Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks.  A Development Permit for Operational Works shall be required.
The applicant must design, construct and seal Lamonts Road from Elm Street to 10m beyond the access to the development site in accordance with Council’s Planning Scheme Policy 5 - Engineering Design Standards – Roads, Drainage and Earthworks with 7m wide seal and flush kerb be provided on both sides of the seal.  The intersection of Lamonts Road with Elm Street must be designed in accordance with Department of Main Roads Standard or as may be specified by Department of Main Roads in the operational works approval for this intersection.  Accesses to other properties shall be adjusted as necessary to match the new levels of Lamonts Raod.  A Development Permit for Operational Works shall be required.
The site shall have only three main (3) vehicular accesses to Council’s roads network including a gated emergency vehicles access from Pearsons Road.  There shall be no other vehicular accesses from the site or from any unit within the site directly to Council’s roads (excluding 6 driveway crossovers to Trading Post Road).
The access crossings 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.  All access driveways must comply with AS/NZS 2890.1:2004 and AS 2890.2:2002. A Development Permit for Operational Works shall be required.
Footpath improvements such as topsoiling, grassing, and tree planting are required to the all road frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A new 2m wide concrete path shall be constructed along the Trading Post Road frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation and underground services.  The path shall extend around the cul-de-sac and join to the existing path on the opposite side of Trading Post Road. A Development Permit for Operational Works shall be required.
A new 2m wide concrete path shall be constructed along the Pearsons Road frontage of the site and be extended along Elm Street to connect to the required bus stop on Elm Street.  The path shall be in accordance with Council’s design standards and to an alignment that protects any significant vegetation and underground services.  Two pedestrian accesses to the site shall be provided along Pearsons Road frontage to provide connection between the internal and external pathways.  A development Permit for Operational Works shall be required.
A pedestrian refuge island shall be constructed on Pearsons Road near its intersection with Elm Street to provide connection between the new pathway in Pearsons Road and the pathway in Elm Street.
Pram ramps shall be installed at road intersections and wherever needed to direct pedestrians across the road.  All pram ramps must be constructed in accordance with Council’s design standards.
All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Where applicable, all redundant vehicular crossings to the site shall be removed and replaced by kerb and channel and footpath paving or landscaping in accordance with Council’s Standard prior to the commencement of the use.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS/NZS 2890.1:2004, section 3.2.4.
Bus Stop
The applicant shall design and construct a bus stop on Elm Street to the frontage of Lot 135 MCH 978 (north of 156 Elm Street) at approximately 70m south of the centre line of Pearson Road intersection.  A Development Permit for Operational Works shall be required.
The proposed bus stop is to be “Indented” and be an “Intermediate Bus Stop” design according to the TransLink Public Transport Infrastructure Manual shown on: http://www.transinfo.qld.gov.au/qt/TransLin.nsf/index/ptim. The bus stop shall contain all Mandatory and Preferred components as stated in Chapter 2 of the manual.
The design for the bus stop shall consider a Pedesrian Refuge Island and a coupled bus stop (indented but unsheltered) on the opposite side of Elm Street for future construction.
The bus stop required on Elm Street must be included in Stage 1 of the development.
Internal Driveways and Parking
The internal roads shall be concrete or bitumen sealed driveway of a minimum width of 6m for Primary Roads and 5.5m for Secondary roads and must comply with AS 2890.2-2002.  A Development Permit for Operational Works shall be required.
All parking areas and garages must be in compliance with the requirement of the current Australian standards applicable to their use (AS/NZS 2890.1-2004 and/or AS 2890.2-2002) with a minimum head clearance (headroom) at any point of 2.3m.
All vehicles shall enter and leave the site in a forward direction with the exception of vehicles leaving driveway accesses of the duplex from independent living units fronting Trading Post Road.
Carparking shall be provided within the site generally as shown on drawing titled Schedule of Independent Living Units 0805-TP04 Revision B 1 November 2008, except as modified herein.
Carparking shall be provided at a minimum rate of 1 space per independent living unit for resident parking and 1 space per 4 independent living units for visitor parking; and 1 space per 2 employees based on the maximum number of employees engaged at any one time at the aged care residence and 1 space per 5 beds or occupants of the aged care residence.
A minimum of two clearly defined disabled car space shall be provided to service the aged care residence and village community centre.
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.
All carparking shall be kept maintained and line-marked in a condition fit for use.
An emergency parking bay shall be available at all times in front of the community village centre and the aged care residence.
Parking shall be provided for boats, trailers and caravans etc.
Visitor car parking shall be conveniently located to all independent living units, village community centre and the aged care residence.
Earthworks
All excavation and filling works required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards.  A Development Permit for Operational Works shall be required.
Fill imported to the site may only be from a site licensed with The Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper to the existing levels on the property. Batters shall be at a maximum grade of 1:4 unless retained by an engineer-designed wall or approved retention method.
Following completion of the filling works and prior to endorsement of the Plan of Survey, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and make recommendations if special foundations requirements will apply.
Earthworks carried out on site must not adversely affect the drainage conditions on any other properties or existing roads. Filling works required on site shall not cause additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural surface levels and contours of the affected properties (eg Lot1 RP165418) must be provided with the application for a Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years.
Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Where retained trees are located in areas proposed to filled on site (or are located on neighbouring allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on the trees root system.  To this end the design of the filling works will need to incorporate terracing around the tree or a similar means of ensuring that the natural ground level around the trees remains generally the same as existing.  These measures shall clearly be shown on the plans submitted for Operational Works approval and any drainage required to drain these areas shall also be shown on the plans.
Stormwater Drainage
A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare engineering drawings and specifications for stormwater designs and shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Peak discharges of stormwater shall be managed in accordance with the Concept Stormwater Management Plan for Cooroy Retirement Village Trading Post Road, Cooroy prepared by Brown Consulting dated June 2008 and any subsequent amendments approved by Council.
Stormwater pipelines within the site shall cater for 1 in 10 Years storm event and secondary flowpaths shall be provided within the site to cater for 100 years storm event.
The development must not adversely impact on the existing drainage conditions on other properties including not depriving dams on other properties of their natural stormwater runoff.
The applicant shall revise the Concept Stormwater Management Plan for Cooroy Retirement Village Trading Post Road, Cooroy prepared by Brown Consulting dated June 2008 to detail a stormwater treatment train that can achieve Load Reduction Targets for Total Suspended Solids, Total Phosphorous and Total Nitrogen in accordance with the Healthy Waterways Water Sensitive Urban Design – Technical Guidelines for South East Queensland (2006). This revised stormwater treatment train for the site shall ensure that nutrients can be adequately treated prior to release off site. The revised Concept Stormwater Management Plan shall specify water quality objectives for stormwater prior to it leaving the site to ensure the modelled outcomes are achieved. All stormwater runoff treatment must be undertaken within the development areas of the site.
The applicant shall submit an amended plan for Council approval prior to a Development Permit for Operational Works being issued.
Stormwater Quality Improvement Devices as detailed within the Concept Stormwater Management Plan for Cooroy Retirement Village Trading Post Road, Cooroy prepared by Brown Consulting dated June 2008 and any updates approved by Council shall be installed within the development to ensure compliance with the designated water quality objectives are achieved. Stormwater likely to contain grease and oil (i.e. from carparking areas) shall be managed via grease and oil arrestors prior to treatment within bioretention basins and wetlands.
Wetlands and bioretention basins shall be designed and constructed in accordance with Healthy Waterways Water by Design Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands February 2009.
A Stormwater Monitoring and Maintenance Plan (SMMP) shall be prepared ensure stormwater treatment infrastructure is performing its intended purpose. The SMMP shall be approved by the Council’s CEO or delegated officer prior to issue of any Operational Works Approval. The SMMP shall specify:
72.1	performance indicators including water quality objectives;
72.2	monitoring schedule to ensure specified performance indicators are achieved;
72.3	maintenance schedule for all elements of the stormwater treatment train;
72.4	reporting requirements;
72.5	corrective actions for non compliance with performance indicators; and
72.6	responsibility framework.
Sewer Mains
The site must be connected to Council's existing sewerage reticulation system by gravity, and be constructed in accordance with Council's standards and requirements at no cost to Council.
The sewer connection shall be generally in accordance with the Sewerage Layout Plan Drawing No N07058-DA10 Issue E dated 22/01/09 and the Proposed Sewer Details N07058-DA20 Issue (A) dated 22/01/2009 by Brown Consulting.  A Development Permit for Operational Works is required.
A new sewer connection must be provided within the property boundary of Lot 4 RP 215922.
The applicant must provide written approval from all property owners through which external sewers will traverse, to enter, construct and provide a sewer easement. This must be submitted prior to the associated development application for Operational Works.
Water Supply
The site must be connected to Council's existing town water supply and be constructed in accordance with Council's standards and requirements at no cost to Council.
Works be carried out in accordance with the approved findings of the water supply network analysis by Worley Parsons and dated 10 June 2008
The existing 100mm diameter watermain within Pearson Road must be upgraded between the existing 150mm diameter main in Carruthers Court to the existing 150mm diameter main to the North in Pearsons Road
The water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
81.1	Single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems)
81.2	Individual water meters to each tenement capable of being separately rated. These meters must be supplied and installed in accordance with Councils requirements
81.3	All water meters must be located in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates
81.4	A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels)
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements
A registered easement shall be created over the zone of influence of the proposed sewer mains within the subject site and on the adjoining property Lot 4 RP 215622.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.  The applicant must be pay all costs associated with the acquisition and the registration of easement/s.
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.
Power Supply
An underground electricity service shall be provided to the site if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
The requirements of ENERGEX shall be satisfied in relation to any existing services traverse the site. Written confirmation by ENERGEX that satisfactory arrangements have been made to formalise any required easements and/or existing informal services shall be submitted prior to Council endorsing the Plan of Survey.
Streets lighting and pathways lighting throughout the development site must be provided in accordance with Australian Standards.
Street lighting shall be provided along Pearsons Road frontage of the site in accordance with Australian standards.
Telecommunication
The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of new telephone services to the developed site.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Erosion and Sediment Control
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.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Sunshine Coast Regional Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Stage	INFRASTRUCTURE NETWORK	Total Contribution Applicable to Development	Rebate for Eligible Community Organisation	Total Amount Payable $
	PSP 12 Public Open Space (Park)	PSP 16 Rural Sewerage Headworks	PSP 17 Water Headworks	PSP 20 Pathway Trunk Network	Rural / Local Roadworks		Charitable non-profit for community services facilities	
Stage 1	$105,504	$202,017	$197,531	$49,374	$17,848	$572,274	100%	$ 0
Stage 2	$22,936	$65,655	$59,003	$10,495	$7,349	$165,438	100%	$ 0
Stage 3	$31,673	$90,667	$81,480	$14,492	$10,149	$228,461	100%	$ 0
Stage 4	$14,198	$40,644	$36,525	$6,497	$4,549	$102,413	100%	$ 0
Stage 5	$22,936	$65,655	$59,003	$10,495	$7,349	$165,438	100%	$ 0
Stage 6	$26,212	$75,035	$67,432	$11,994	$8,399	$189,072	100%	$ 0
Stage 7	$19,659	$56,276	$50,574	$8,995	$6,299	$141,803	100%	$ 0
Stage 8	$21,844	$62,529	$56,193	$9,995	$6,999	$157,560	100%	$ 0
Stage 9	$13,106	$37,517	$33,716	$5,997	$4,200	$94,536	100%	$ 0
Total =	$278,068	$695,995	$641,457	$128,334	$73,141	$1,816,995	100%	$ 0

Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from December 2009 until the date of payment.  All contributions must be paid prior to commencement of use.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
A construction management plan/strategy shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works. The construction management plan shall ensure no damage occurs to Council services and that any adverse impact on the local area due to the construction works is within the acceptable limit and properly managed to the satisfaction of Council.
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:
96.1	Mitigate any adverse impact and disturbance on the local residential area and on the traffic in the local and main roads to acceptable limits;
96.2	Mitigate dust disturbance caused by vehicles and machinery movements;
96.3	Limiting the routes for the heavy vehicles to the major road network and limit the use of the local roads within residential area as access to the site;
96.4	Indicate provision for on-site and off-site parking for the required workforce;
96.5	Indicate the location of loading and unloading areas;
96.6	Indicate the location of any “holding” areas for heavy vehicles and
96.7	Operating hours.
It is be noted that the Elm Street frontage of site shall not be used for access, parking or loading and unloading during construction (and post construction) phase unless a specific written permit obtained from the Department of Main Roads.
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.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  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 roadworks, pathway, sewer main, water supply main, finished ground levels and pavement surface levels and drainage structures that will become Council asset.  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.
Waste Management
101.	A Waste Management Plan (Operational) generally 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.  The Waste Management Plan (Operational) is to incorporate the following changes to the proposed development:-
101.1	The proposed general waste bulk bin storage areas at the Aged Care Residence, Apartment Building, Village Community Centre and temporary service to the Independent Living Units whilst under construction, will require HRV 12.5m length travel path and turning access.
101.2	If the waste storage area at the Aged Care Residence is not roofed, then the actual bunded bin wash area is to be decreased in size to a maximum one square metre area.
101.3	The waste storage area at the Apartment Building is to be relocated to the western end of the adjoining car parking spaces, to allow ease of access for collection and avoid the unnecessary manoeuvring through this car park.
101.4	The waste storage areas at the Aged Care Residence, Apartment Building, Village Community Centre and temporary service to the Independent Living Units whilst under construction, each require their own separate bin wash facility.
101.5	Submit details for approval of the proposal for bin washing of the recycling bins located at the service nodals.
101.6	Council will not provide a roadside collection service to the 80L and/or 120L general waste wheelie bins at the Independent Living Units after their completion.  The following options must be considered including client costings, and an alternative proposed for approval.
101.6.1	Option 1: Continue the temporary service of the bulk bins as a permanent arrangement.  This requires:
Details of the permanent waste storage area (location, size, bin wash, etc).
HRV 12.5m length travel path and turning access for collection.
OR
Option 2: Provide a roadside collection service of 240L general waste wheelie bins (one bin shared between two units).  This requires:
10m vehicle length (not 9m as proposed) travel path and turning access for collection.
Where possible bins are to be placed on one side of the road only to prevent duplication of travel path and minimise service time and travel.
The “Turning Path 3” at the north western corner cul-de-sac to be deleted.  The bins for these nine units are to be placed at the nearest trafficable thoroughfare for collection without any unnecessary reversing or turning.
102.	Provide an adequate number of recycling bins (240L or 1.1 cu.m. bulk) at the waste storage areas of the Aged Care Residence, Apartment Building, Village Community Centre and temporary service to the Independent Living Units whilst under construction.  The proposed HRV 12.5m length travel path and turning access to these areas will suffice for collection.
103.	The 240L recycling wheelie bin service to the completed Independent Living Units requires:
103.1	Size of the service nodals to increase to accommodate eight bins i.e. one bin shared between two units.
103.2	10m vehicle length (not 9m as proposed) travel path and turning access.
103.3	Bulk bins (1.1 cu.m.) may also be considered provided HRV 12.5m length access is available.
104.	Plans are to be submitted for approval by Council’s Environmental Health Section of the HRV 12.5m and 10m length waste vehicle travel paths and turning access.  Plans must clearly show routes and ensure that vehicle overhangs when turning are clear of all obstructions e.g. posts, poles, fences, landscaping, etc.
105.	All road traffic islands are to be trafficable for the waste vehicles.
106.	All bins are to be placed in the correct position for collection at the roadside without the need of the driver leaving the waste collection vehicle.
107.	Council’s waste collection service during Stage 1 will not commence until the required road access and waste storage facilities (including temporary ones), are in place.
108.	A Waste Management Plan (construction and demolition) shall be submitted prior to demolition, removal or relocation of any building other than a shed. Waste Management Plan (construction and demolition) is also required for construction of 15 or more dwelling units or for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted 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. 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.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal 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.

Mosquito Protection
109.	Submit a Management Plan for the control of mosquitos from the three large water basins, including form of construction of basins, vegetation in and along the shoreline, on-going monitoring and eradication treatments.  Plan is to be approved by Council’s Environmental Health Section.
110.	Doors and windows of the Aged Care Residence, Apartments, Community Centre and Independent Living Units are to be fitted with insect screens.
Noise Management
111.	The location and operational hours of mechanical plant equipment including domestic air conditioning units, is not to create a noise nuisance to occupiers.
112.	Noise from building works associated with residential development shall comply with the following –
112.1	Limited to between 7:00am to 6:30pm Monday to Saturday.
112.2	All reasonable measures are taken to minimise noise emissions.
112.3	Not permitted on Sunday or public holidays.
113.	All water taps from the onsite rainwater storage system are to be labelled “Not fit for drinking”.
referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
100 metres of a State-Controlled Road	Concurrence	Department of Main Roads	PO Box 1983 GYMPIE  QLD  4570
Railway Corridor	Concurrence	Queensland Transport	Transport Planning GPO Box 213 BRISBANE  QLD  4001
A copy of any referral agency conditions was attached to the original approval.

approved plans/documents
The approved plans and / or documents for this development approval are listed in Item 4 Consolidated Assessment Manager Conditions, Condition 1.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
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 / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 Lot & house + 1 Vacant Lot	Multiple Housing - Type 3 - Retirement & Special Needs	Stage 1 = 120 single beds + 21x 2 bed units
			Stage 2 = 21x 2 bed units
			Stage 3 = 29 x 2 bed units
			Stage 4 = 13 x 2 bed units
			Stage 5 = 21 x 2 bed units
			Stage 6 = 24 x 2 bed units
			Stage 7 = 18 x 2 bed units
			Stage 8 = 20 x 2 bed units
			Stage 9 = 12 x 2 bed units
2.	The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
3.	The requirement for payment of infrastructure contributions has been assessed in accordance with Council’s policy “Infrastructure Contributions (Charges) Rebates for Eligible Community Organisations”. This approval is based on the organisation type and purpose of development in accordance with Table 1 of the policy as detailed in the contribution condition of the Development Permit.
4.	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.
5.	A separate loop of water main should be installed within the property boundary for domestic and fire services. Fire hydrants and fire sprinklers are should be connected to the fire main. Fire hose reels and the domestic supply to be connected to the metered domestic service.
6.	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 in consultation 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 approvals 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.
7.	A Waste Management Plan shall be in accordance with Planning Scheme Policy No. 9 and further, 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 putresable matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, styro-foam 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.
8.	The food operations at the Aged Care Facility and the Community Centre require:-
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.
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.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards (both available from Council).
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.
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.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food Licence from Council, prior to use of those premises.
9.	The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
10.	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.
11.	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.
12.	Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:-
12.1	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 AS1428.2;
12.2	Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
12.3	Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
12.4	This proposal has not been assessed in relation to the spread of fire between properties/buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
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.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
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 Works	Landscaping, site civil works including earthworks, roadworks including works required by Department of Main Roads, access, internal roads and carparking, stormwater drainage including dams and underground stormwater harvesting tanks, frontage works including pathways, sewer reticulation, water reticulation, erosion & sediment control

self assessable codes
Not Applicable
submissions
There were 2 properly made submissions about the original development application.  Please refer to the Negotiated Decision Notice dated 24 June 2010 for the name and address of the principal submitter for each properly made submission.
reasons / grounds for appoval
Not Applicable
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice - 8 February 2010 Negotiated Decision Notice - 23 June 2010 Compiled Decision Notice – 24 June 2014

Yours faithfully

Kerri coyle
manager planning and environment

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 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.

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