001A9301.001

Noosa Iconic Panel                                       Decision Notice — Approval with conditions
                  Material change of use (Visitor Accommodation Type 4 - Conventional, Entertainment &
                 Dining Business Type 1 — Food & Beverages, & Retail Business Type 2 — Shop & Salon) ,
              :                                        9, 11, 13 & 19 Hastings Street, Noosa Heads
  :                                                                               21 May 2009

      79.1.   The owners release and forever discharge the Council from any claim or
              demand which might otherwise be made by the owners and from any liability
              which the Council may otherwise have to the owners in consequence of or
              arising in any way by through or in connection with the granting of Council
              permission to construct a structure over or adjacent to a council sewer on the
              development site; and
      79.2    The owners indemnify the Council against any such claim or demand
              (including legal costs on a Solicitor and own client basis which may be incurred
              in connection therewith) which may be made by any other person including,
              without limiting the generality of that expression, successors in title to the
          .   owners, mortgagees or other persons with a security interest in the land, tenants
              or occupiers of the building work or the land and other persons who suffer
              personal injury (including death) or property damage (including economic loss)
              which is related in any way to the fact of the building work having been carried
              out on or within 1.5 metres of the relevant services; and
    ‘ 79.3    The owners agree to repair any damage to the building work which may occur
              as a result of or in connection with any inadequacy of the support for it
              forthwith upon being required by the Council by notice in writing so to do; and
      79.4    The owners agree to pay the cost of repair and/or reinstatement to any
              structures where sewer maintenance activities in connection with structures are
              involved.
80.   The applicant must provide a Public Thoroughfare Easement for Pedestrian Access
      over the full width of the proposed pathway adjacent to the western boundary of the
      subject site extending from the Hastings Street frontage to the northern property
      boundary. The easement shail be limited in height from the upper surface of the
      pathway surface to 4 metres above the pathway surface.                                                 ‘
      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
      undertaking in writing that the Title Deed and the easement documents will be lodged                   :
      at the Land Titles Office and any additional Titles Office forms or requisitions
       requiring the consent of Council will be attended to promptly.
       A duly executed copy of the easement shall be submitted to Council for perusal prior to
      the use commencing. Any changes required by Council’s Solicitor must be corrected
       immediately.
Earthworks
 81.   Earthworks required on site must be carried out in accordance with Council’s Planning
       Scheme Policy PSP5 — Engineering Design Standards so as not to cause the additional
       ponding of water on any adjoining lands or the blockage of, or interference with, any
       natural watercourses.                                                                                “
 82.   Earthworks carried out on site must not affect the structural integrity of any of the
       existing fences and/or structures and/or buildings and/or services and/or lands that
       border the development site. Fences that are affected must be replaced at the cost of
       the applicant.

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