Changed Approval 132004.240098.7

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	132004.240098.7
Your Reference:	N/A
23 January 2017

Noosa Palm Tree Hotel Joint Venture
C/- Martoo Consulting Pty Ltd
Attention - Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 19 January 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132004.240098.7
Street Address:	231 Gympie Terrace, Noosaville
Real Property Description:	SP 188227
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 21 July 2005 decided to issue the following type of approval:
Development Permit for Material Change of Use Multiple Dwelling - 10 Units,  Restaurant & 2 Shops

In relation to representations, Council on 22 September 2005 decided to:-
A.	Agree to delete condition 22.
B.	Refuse to delete condition 27.
C.	Refuse to amend Advice Condition 1.

In relation to a request to make a change to the existing approval, Council on 2 March 2006 decided to:
A.	Refuse to delete but approve a change to Condition 6.

In relation to a request to make a change to the existing approval, Council on 3 July 2007 decided to

A.	Approve a change to Condition 1.
B.	Include additional Land Development Condition 89 and Land Development Advice Condition 14.
In relation to the request to make a change to the existing approval, Council on 28 April 2015 decided to:
A.	Include additional Conditions 90, 91, 92 and 93.
B.	Agree to delete Condition 25
C.	Include Advisory Notes 15 and 16

In relation to the request to make a change to the existing approval, Council on 11 July 2016 decided to:
Change Conditions 90 and 91.
Advise the applicant the portable cooking bench and the existing handrail bench do not form part of this approval.
In relation to the request to make a change to the existing approval, Council on 17 November 2016 decided to:
Change Conditions 20 and 38
Leave Condition 19 unchanged
In relation to the request to make a change to the existing approval, Council on 19 January 2017 decided to:
A.	Amend Conditions 1, 82 and 91
B.	Include an additional condition
relevant period of approval
Not Applicable
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
Approved Plans

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 unless otherwise amended by these conditions.
Changes Approved 19 January 2017
Plan No.	Rev.	Plan/Document Name	Date
May 2016
1.1	-	Floor Plan, drawn by And + Design	May, 2016
November 2005
2.0903.0D	-	North Elevation, drawn by Andrew Mckellar Design	16/11/2005
2.0903.1D	-	Ground Floor Plan 1, drawn by Andrew Mckellar Design	16/11/2005
2.0903.2D	-	Ground Floor Plan 2, drawn by Andrew Mckellar Design	16/11/2005
2.0903.3D	-	First Floor Plan 1, drawn by Andrew Mckellar Design	16/11/2005
2.0903.4D	-	First Floor Plan 2, drawn by Andrew Mckellar Design	16/11/2005
2.903.5D	-	Roof Plan, drawn by Andrew Mckellar Design	16/11/2005
2.903.6D	-	Block A, drawn by Andrew Mckellar Design	16/11/2005
2.903.7D	-	Block B, drawn by Andrew Mckellar Design	16/11/2005
2.903.8D	-	Cross Section Block A & B, drawn by Andrew Mckellar Design	16/11/2005
2.903.9D	-	Long Section Block A, drawn by Andrew Mckellar Design	16/11/2005
2.903.10D	-	Long Section Block B, drawn by Andrew Mckellar Design	16/11/2005
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 open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
All fencing along the Elizabeth Street frontage shall be setback at least 1 metre from the front property boundary, with at least half of the fencing to be setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing.
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. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
A 400 litre CUPANIOSIS anarcardioides shall be established within the Elizabeth Street front garden area to replace the removal of the CASTENOSPERMUM australe (Blackbean) previously located along the south western boundary.
Deep screen planting is to be provided in the garden along the eastern and western boundaries of the site. At least six (6) ex-ground stock endemic species trees of a minimum height of 6 metres are to be provided to replace the Delonix regia, Castenospermum australe and Grevillea robusta trees that are able to be removed.
The 2m wide garden along the Gympie Terrace frontage of the site is to be at footpath level and incorporate ground covers, shrubs and appropriate street trees.
Paving and four (4) street trees are to be provided in Gympie Terrace footpath area. Paving is to be compatible with the paving used in the footpath in front of the Colonial Development located to the east of the site and extend for the entire width and length of the footpath area.
A minimum of 6m landscaping is to be provided along the Elizabeth Street frontage except for the area including visitor car parking where a minimum 2m landscaped setback is to be maintained.
All ramps and steps along the Gympie Terrace frontage are to be fully contained within the site and not located with the footpath area.
A 1.8m high screen fence is to provided along the eastern and western boundaries of the site. Any fencing provided along the western boundary of the site in the vicinity of Gympie Terrace and adjacent to the recreation area of the adjoining Regatta Apartment complex is to be of an open, transparent and attractive design that complements planting in this area.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is also advised that burning off is an unacceptable method of disposal.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 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 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.
Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The rooftop pergolas are to be generally in accordance with Plan No. 2.903.5C prepared by Andrew McKellar Design and date stamped 15 June 2005 and designed as cantilevered structures with only 2 support poles. The rooftop pergolas may include a light weight impervious roof.
All deck, balcony and roof top terrace balustrades are to be constructed of open transparent materials. Balustrades around the roof top terrace are to be setback 1m from the edge of the roof top.
Deleted.
Privacy screens are to be provided to all openings along the eastern wall of building A (adjacent to Gympie Terrace) to preserve the privacy of residents of both the subject site and adjoining development to the east.
The building shall have a Queensland vernacular character and light weight design predominately comprising the following building elements, materials and colours:
Lower and upper level awnings of timber or steel construction with colour bond roofing;
Window hoods are to be provided to all windows and be of light weight material;
Glass balustrades to all decks, balconies and roof terraces;
Glass fronts to shops and restaurant;
Rendered masonry walls;
Colour bond roofing;
Roof overhangs with a minimum width of 600mm; and
Soft muted earth tones.
Deleted
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Amended site, section, elevation and architectural plans are to submitted that demonstrate compliance with conditions of this approval prior to the issue of any operational works approval associated with this development.
The Development Permit for a material change of use of premises lapses if the use has not happened by 21 July 2009, unless an application to extend the currency is approved by Council.
Building Services

A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level and the maximum building height above natural surface, required by the provisions of the Planning Scheme.
A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of application for building approval.  Such survey shall set out the natural surface levels of the site and the position of buildings on the site.

Land Development

Lot Amalgamation
All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot 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.  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.
River Flooding
All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only – All buildings should have a Minimum Floor Height of 2.8m (AHD) and parking areas should have a Minimum Floor Height of RL 2.5m (AHD).  These levels however are subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
Vehicle Access
A vehicular access driveway to serve the site shall be constructed from the Elizabeth Street frontage of the site with a maximum width of 5.5 metres and generally in accordance with drawing numbers 2.0903.1 C and 2.0903.2 C dated September 2003 (revised March 2005) by Andrew McKellar Design, except as modified herein.
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 level difference.  Should any driveways be constructed to grades that do not comply with AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
The applicant shall ensure the access to the site will not be in conflict with Council vehicles servicing the existing sewer pump on the footpath adjacent to the site in Elizabeth Street.  A minimum of 7.5m of kerb line parking space shall be made available adjacent to the pump station for Council maintenance vehicles as shown on plan 2.0903.2 C dated September 2003 (revised March 2005) by Andrew McKellar Design.
All vehicles shall enter and leave the site in a forward direction.

Carparking
A minimum of 32 carparking spaces shall be provided within the site with at least ten (10) covered and including one (1) appropriately located and clearly defined disabled car park space. 3 of these car parking spaces associated with the multiple units may be located in a tandem configuration below the raised landscaped podium.
A minimum of 12 carparking spaces (parking for the shops and restaurants) shall be available for public use at all times.
The car parking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 1A in terms of dimensions and turning area 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.  Particular attention shall be given to car spaces Nos 10, V1, V2 and V17 in terms of dimensions and available turning area.
The disable parking space shall be post signed and marked in accordance to Council’s requirement and standards.
All carparking shall be kept, maintained and line-marked in a condition fit for use.

Park Contributions
A Park contribution of $11,602 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development Permit for Operational Works in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from December 2004 until the date of payment.

Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Elizabeth Street frontage of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.  A Development Permit for Operational Works shall be required.
A new concrete path shall be constructed along the Elizabeth Street frontage of the site and to a minimum width of 1.5 metres in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
New Kerb & Channel in accordance to Council’ standards and specifications shall be provided for the whole of the Elizabeth Street frontage of the property.
Parking bays along the Gympie Terrace frontage shall be line marked and sign posted for a 2hr limit consistent with parking restrictions along the south side of Gympie Terrace east of the site. The parking bays shall comply with Australian Standards in terms of sizes.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
All redundant stormwater kerb outlets from the site shall be removed and the kerb be repaired or replaced at that location to the satisfaction of Council’s supervisor.
Pathway Contributions
A pathway contribution of $1,049 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from December 2004 until the date of payment.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works. Stormwater drainage permitted to drain from the site and be discharged in one or combination of the following::
To Council’s existing drainage structures in both Gympie Terrace and Elizabeth Street.
To Council’s kerb & channel street drainage system in both Gympie Terrace and Elizabeth Street.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The existing sewer main that traverses the site shall be relocated to run along the western boundary of the site and along the frontage of the site in Elizabeth street generally in accordance to the submitted engineering Drawing No 1248-0-1 (B) dated 16/08/2004 by Construction Hydraulic Building Services.  A Development Permit for Operational Works is required.
The proposed sewer main that traverses the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, swimming pools, retaining walls, raised terraces, etc) shall be constructed within this ‘zone of influence’ and as such the applicant shall amend Operational Works plans including Building plans to ensure compliance.
Town Water Supply
The site shall 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.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
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 (Sewer /Stormwater)
A registered easement shall be created over the zone of influence of all existing and proposed sewer mains within the subject site and over those parts of the subject site that are impacted upon by sewer mains on any adjoining sites.  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 within the allotment (measured from the finished surface) and be no less than 3.0 metres wide.  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.
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.
Where required a registered easement shall be created over any stormwater drainage pipes within the site that collect stormwater or convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from ponding/flooding due to the subject site being filled).
No building or other structure shall be constructed or encroach over an easement.  Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).  Particular attention shall be given to the existing stormwater box culvert located on the adjoining property along the western boundary line of the development site.
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from December 2004 until the date of payment.
Water Supply	$8,060
Sewerage	$7,340
TOTAL	$15,400
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.

Earthworks
Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to 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 adjoining properties 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. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that No Ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall not apply.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to plan endorsement.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.

Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures, and make recommendations on the type of foundation system(s) best suited for the proposed development.  This information shall be submitted to the Council for assessment and approval prior to obtaining a Development Permit for Operational Works.

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.

General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure including Council’s easements, 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 design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  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).
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 drainage structures, finished ground levels and pavement surface levels.  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.
An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers.  A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (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.
Street litter bins to a design approved by Council, shall be supplied and installed at the developers expense at agreed locations.
A Waste Management Plan is to be submitted for specified developments as determined by the Manager Environmental Health Services for the day to day operation of the complex.   The Waste Management Plan is to be submitted with development applications for material change of use (MCU) and approved prior to commencement of operational works.
The Waste Management Plan Strategy will include the following information:-
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of recyclables within the generated waste stream
Estimated volumes or tonnage of waste generated from the activities.
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 involving disposing of refuse to bins; the storage of bins and the collection of bins by the contractor and who is responsible for each transfer of the waste.
A description of the design details of waste storage and recycling areas including methods of prevention of storm water contamination. To be high lighted on plans.
A description of types and volume of waste storage containers to be used.
A detailed description of access to waste collection area for waste collection vehicles to the bin collection area. To be high lighted on plans.
The developer shall submit to Council a Waste Management Plan for the construction or demolition phase of the development.  The Waste Management Plan is to contain the following information:
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
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) should be provided on the plan drawings accompanying your application.
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, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.  External speakers, microphones or amplified music are not permitted.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.  Approval may be granted through the issuing of a Trade Waste Permit.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.

Additional Condition 3 July 2007

Land Development

Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Noosa 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:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions (Park)	$18
PSP20 – Pathway Trunk Network Contributions	$18
TOTAL Contribution Amount =	$ 36
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from March 2007 until the date of payment.

All contributions must be paid prior to the commencement of the use.

Additional Conditions 28 April 2015 – Lot 3 with a change to conditions 90 & 91 – Lot 3 on 11 July 2016
Approved Plans
Development undertaken in accordance with this approval (132004.240098.5) must generally comply with the approved plans of development for Lot 3. The approved plan is listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
13.0516.1.1		Floor Plan, prepared by and+design	May 2016

The approved Use Area of Lot 3 must not exceed 32m² for Entertainment and Dining Business Type 1 Food and Beverages and the outdoor dining associated with the entertainment and dining business must not exceed 20m².

Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
7am to 10pm Sunday to Thursday
7am to 12 midnight Friday and Saturday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.

Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Additional Condition 19 January 2017
The proposed portable cooking bench and associated 4.8m2 of use area must be located wholly within the title of tenancy 3 or the designated exclusive use area of tenancy 3.
referral agency conditions
The original application was referred to Department of Natural Resources as an Advice Agency.

advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

Land Development Advice
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $1,171 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2007 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $70,383 This amount will subject to variations in the Consumer Price Index, All Groups Brisbane from December 2004 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
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.
Council encourages developers to provide a stormwater tank/s to collect roof stormwater runoff in order to be used in gardens and/or toilets.  The normal requirement is 3000 Ltr per dwelling unit.
It is suggested that a bicycle storage facility (a minimum six bicycles) should be provided within the property.

Environmental Health Advice
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development.  Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.  The installation of any mechanical exhaust system is to comply with Australian Standard 1668.Approval is to be obtained prior to fitting out the building.
For café or restaurant the developer must provide toilets for customers and staff in accordance with the Building Code of Australia.
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.

Building Advice
The plans submitted for a Development Permit for building works are to comply with the approved plans and the following requirements:-
All spa pools shall be isolation fenced in accordance with the requirements of the Building Act.  No direct access will be permitted from any dwelling unit to its, or an associated, spa pool.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.

Additional Advice 3 July 2007
Land Development

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
Entertainment and Dining Business – Type 1 – Food and Beverages	Restaurant (indoor)  82m² Use Area Restaurant (outdoor) 83m² Use Area	Entertainment and Dining Business – Type 1 – Food and Beverages	Restaurant (indoor)  78.8m² Use Area Restaurant (outdoor) 98.2m² Use Area
Retail Business – Type 2 - Shop	112m² Use Area	Retail Business – Type 2 - Shop	103.5m² Use Area

Additional Advice 28 April 2015 – Lot 3
The application has not been assessed for compliance against Australian Standard AS 1668.2-2012 Part 2: Mechanical Ventilation in Buildings. In this regard please be advised that currently it may be difficult for Lot 3 to meet these provisions.
An application for a Food Business Licence is required for an eating establishment.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works - All Building works
Development Permit for Operational Works - Landscaping, car parking and access, frontage works, stormwater disposal, sewer relocations, sediment and erosion controls, site civil works and site filling
self assessable codes
Advertising Devices Code
submissions
There were 2 properly made submissions about the original application
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 (21 July 2005) Negotiated Decision Notice (22 September 2005) – Delete Condition 22, refuse to delete Condition 27 and refuse to amend Advice Condition 1. Changes to an Existing Approval (2 March 2006)-Refuse to delete but approve a change to Condition 6. Changes to an Existing Approval (3 July 2007) – Change to Condition 1, include additional Land Development Condition 89 and Land Development Advice Condition 14. Changes to an Existing Approval (28 April 2015) – Include additional Conditions 90, 91, 92 and 93, Delete Condition 25, include Advisory Notes 15 an 16. Changes to an Existing Approval (11 July 2016) – Change Conditions 90 and 91. Changes to an Existing Approval (17 November 2016) – Change Conditions 20 and 38, leave Condition 19 unchanged. Changes to an Existing Approval (19 January 2017) – Amend Conditions 1, 82 and 91 and an addition condition

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl. 	Approved Plans/Documents
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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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