Council archive · source document
Decision Notice & copies sent to DERM [As Published] · 132008.176
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2008/176
Your Reference: 000475 LO2 NG
15 April 2010
CBD Settlers Cove Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 8 April 2010 Council decided to approve the application
in full subject to conditions.
Council also advises it requires that the Traffic Management Plan for each construction phase of the
development shall be submitted to the Divisional Councillor at least 3 days prior to its approval by the
relevant officer.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/176
Street address: 3 - 7 Serenity Close, Noosa Heads
Real property description: Lots 10 & 11 SP 195871
Planning Scheme: Superseded Planning Scheme (Schedule to the Planning
Scheme & Strategic Plan 1997)
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use – Resort Development comprising Multiple
Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and
Ancillary Facilities to be assessed against the Superseded Planning Scheme
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are prepared by DBI Design Pty Ltd and
are listed in the following table:
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Plan No. Rev. Plan / Document Name Date
A-SD-1.100 G Site Plan Level 0 Basement Level 25 August 2009
Carpark
A-SD-1.101 G Site Plan Level 1 Lower Ground Level 25 August 2009
A-SD-1.102 G Site Plan Level 2 Ground Entry Level 25 August 2009
A-SD-1.103 G Site Plan Level 3 25 August 2009
A-SD-1.104 G Site Plan Level 4 25 August 2009
A-SD-1.105 G Site Plan Level 5 25 August 2009
A-SD-1.106 G Roof Plan Level 5 25 August 2009
4.31 - Elevations -
4.32 - Elevations -
4.33 - Elevations -
4.34 - Elevations -
and as may be amended by the conditions herein.
General
2. All relevant conditions of Development Permit 23118 DA and the approved Management
Plans for the site shall be complied with prior to the commencement of the approved use.
3. The units are to be used for short-term accommodation only and shall not be permanently
occupied or permanently let. The Community Management Statement for any Bodies
Corporate associated with the accommodation units shall clearly state this requirement.
4. 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.
5. The buildings shall be finished in natural, muted tones. Architectural renderings
demonstrating compliance shall be submitted for Council approval prior to the approval of a
Development Permit for Operational Works.
6. Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or the like,
thus remaining open structures.
7. Any rooftop plant or mechanical equipment extending more than 1 metre above the roofline
shall be screened using lightweight screening materials that visually integrate with the building
design.
8. Balustrade materials visible from the street frontages shall be clear or translucent.
Amended Plans
9. Prior to the issue of a Development Permit for Operational Works amended plans shall be
submitted for Council Approval indicating:
rd th
a. The 3 and 4 storeys of the development shall be amended to remove the
encroachment within the 10 metre setback to the Banksia Avenue frontage and at the
corner of Serenity Close and Banksia Avenue.
b. The basement car parking level adjacent the corner of Serenity Close and Banksia
Avenue shall be amended to provide a minimum 6m setback to the frontage to allow for
deep plantings to be established.
Building Height
10. The finished height of the building, including any rooftop plant or structures, shall not exceed
15 metres above natural and finished ground levels.
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11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the maximum
allowable building height as required by either the conditions of approval or the Planning
Scheme.
Operating Hours & Deliveries
12. The restaurants and bar are to operate between the hours of 6am and 12pm only.
13. Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to
Saturday and 8am to 5pm Sunday only.
14. Service vehicles shall not attend the site outside the hours of 8am to 5pm.
Vegetation
15. Existing trees on the site and within road reserves are to be retained except where required to
be removed due to building operations, requirements of the approved Settler’s Cove
Management Plans or the conduct of the approved use.
16. The Koala and Glossy Black Cockatoo habitat trees identified for retention on plan L-SD-1.01
(Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.
17. The existing Koala and Glossy Black Cockatoo habitat trees and any other trees within
setback and open space areas to be retained must be protected. As building works are likely
to impact the trees’ root zones, a qualified Arborist (having a minimum Diploma of
Arboriculture or ISA certification and a minimum of three years’ field experience) must be
contracted to prepare a Tree Management and Protection plan and shall:
a. oversee installation of a hard temporary protection zone prior to commencement of
works with ‘no go’ signage in accordance with AS 4970-2009. All site workers must be
inducted in relation to the tree protection;
b. supervise any works within the temporary protection zone;
c. undertake hazard reduction and formative pruning as necessary; &
d. provide certification that the trees were protected in accordance with the Arborist’s
recommendations.
The Tree Management and Protection Plan Shall be presented prior to or at the pre-start
meeting for the site.
The Arborist shall monitor the health and structural integrity of the trees to be retained at least
monthly during the construction period and quarterly for 12 months after construction is
completed. The developer shall rectify any decline in the health or structural integrity of the
trees, in accordance with the Arborist’s recommendations.
18. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
a. Re-use for building materials.
b. 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.
c. Disposal for firewood.
d. Disposal for landscaping purposes.
e. 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.
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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 advised that burning off is an unacceptable method of disposal.
Fauna Spotter
19. The Applicant must conform to the requirements of the Fauna Management Plan Settler’s
Cove Development Pty Ltd, May 2005, (or later updated and approved versions) and
implement particularly section 3.4, and section 4.2. A fauna spotter shall be employed to
oversee the removal of any native trees within the site. Prior to felling or lopping all trees are to
be checked for wildlife (eg. koalas, cockatoos, possums). If wildlife species are present, the
tree shall not be felled or lopped until the wildlife has left the tree.
Landscaping
20. 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
qualifies Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter. The Landscaping Plan
shall include the following:
a. Koala and Glossy Black Cockatoo food trees in accordance with the associated
Environmental Protection Authority (EcoAccess) approval conditions for the site and the
approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
b. Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
landscape plans and installed on existing trees to be retained.
c. Vegetation to adequately screen and provide filtered views of the development, including
as viewed from Serenity Close and Banksia Avenue, and shade hardscaped areas, with
plantings to include significant canopy trees.
d. A minimum of twenty-five (25) native trees of a minimum bag size of 400L to replace
existing trees to be removed the site’s frontage.
e. Street trees to the frontage of the site at appropriate centres and to provide shade to any
existing pathways.
f. Replanting of street trees to median islands with Serenity Close where affected by the
development entrance/exit works; and
g. Details of any proposed fencing.
h. Koala friendly fencing and climbing poles to retaining walls to allow access to food trees
and through the site, where appropriate.
i. Fencing to exclude koalas from pool areas, escape measures for pools and any other
identified koala friendly measures.
Fencing
21. Any fencing provided in conjunction with the development is to be set back at least 1 metre
from the road frontage with at least half of any fence set back 2 metres. Dense landscaping is
to be provided between the road frontage and any fencing.
Signage
22. Any advertising sign or device is to comply with Council's policies on advertising.
23. Construction signage, including that on hoardings and shade cloth but not including statutory
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safety signage, shall not exceed a total of 20m for the site. Tower cranes shall not include
advertising signage or unnecessary lighting.
Bicycle Parking
24. Secure bicycle racks shall be provided on site to accommodate a minimum of 28 bicycles.
The cycle parking rack is to be made available for customers and staff of the retail premises at
all times during business hours.
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End-of-Trip Facilities
25. End of trip facilities shall be provided for staff and shall include:
a. a minimum of eight (15) lockers; and
b. a minimum of three male and three female shower cubicles with ancillary change
rooms.
Aternative Transport
26. A shuttle bus with a minimum of 22 seats shall be provided and operated in conjunction with
the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
Details of the proposed operation shall be submitted for Council approval prior to the issue of
a Development Permit for Operational Works.
27. A minimum of 10 motor scooters shall be made available for use by resort guests, the
provision of which may be via a service agreement with a hire company
Energy & Water Efficiency
28. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
29. All new kitchen, laundry and bathroom fittings shall 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), or
current equivalent standards as may apply, with toilets to comply with the AAAA Water
Conservation Rating System. All new 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.
Community Management Statement Requirements
30. The Developer and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance with the
EMP shall be referenced in any community management statement over the site.
31. The Fire Management Plan is to be implemented by the Developer and future owners of the
site and is to be referenced in any community management statement.
Development Permits
32. The Developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
Compliance Bond
33. Security in the form of a cash bond or trading bank guarantee for the sum of $100,000 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.
34. 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.
Relevant Period
35. The Development Permit for a material change of use lapses if the use has not commenced
by 8 April 2014, unless an application to extend the currency in accordance with the
provisions of the Sustainable Planning Act 2009 is approved by Council.
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Lot Amalgamation
36. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with 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.
Vehicle Access
37. Vehicular access to the development shall be provided from the Serenity Close frontage of the
site generally in accordance with the architectural plans prepared by DBI Architecture titled
Development Application – RFI dated September 2009.
38. The driveways shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989,
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.
39. 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, section 3.2.4. The applicant
shall demonstrate compliance by illustrating these sight lines on the plans submitted for both
Operational Works approval and Building Works approval.
40. All vehicles shall enter and leave the site in a forward direction.
41. Vehicle egress from the basement car park shall be amended to provide an adequate turning
path for vehicles exiting onto Serenity Close.
42. The manoeuvring area in the porte cochere area shall provide adequate space for vehicles
exiting the basement car park to pick up passengers from the Central Facilities building
entrance.
Loading Areas
43. Loading areas shall be provided on site generally in accordance with the architectural plans
prepared by DBI Architecture titled Development Application – RFI dated September 2009.
Car Parking
44. Car parking for a minimum of 263 cars shall be provided within the site generally in
accordance with the architectural plans prepared by DBI Architecture titled Development
Application – RFI dated September 2009.
45. A minimum of 80 car spaces shall be made accessible for staff, commercial customer and
visitor parking and shall not be dedicated for short or long-term residential parking. The
community management statement for any or all bodies corporate having control of the resort
or any part thereof shall incorporate this condition.
46. A minimum of 28 motorcycle spaces (equivalent to 7 car spaces) shall be provided within the
site.
47. The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1a for resident spaces and user class 2 for visitor and function centre spaces
with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
head clearance (headroom) at any point of 2.2m.
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48. The proposed turning areas at each level shall be line-marked with chevrons and have the
words “No Parking” painted on the pavement. A sign shall also be provided to indicate that
the area is a “Turning Area Only” and that “No Parking is Permitted”.
49. All car parking shall be kept, maintained and line-marked in a condition fit for use.
50. All staff car park 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.
Vegetation Protection
51. 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) where
possible to allow 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.
52. 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.
53. Where retained tress 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.
Roadworks
54. All modifications to the existing median necessitated by the development shall be designed
and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design
Standards – Roads, Drainage and Earthworks.
In this regard a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
Frontage Works
55. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Serenity Close and Banksia Place frontages of the site in accordance with Planning Scheme
Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
56. 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.
Roof Water & Stormwater Drainage
57. Roof runoff from any new building shall be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and shall be
part of the plumbing application for approval. The location and capacity of the tanks shall be
clearly shown on the plans submitted for Building Works/Operational Works approval and any
overflow shall be directed to the stormwater drainage system.
58. A stormwater management plan and stormwater management design must be submitted to
Council for approval prior to obtaining a Development Permit for Operational Works. The
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stormwater management plan and stormwater management design must be prepared by a
RPEQ, specialising in stormwater and water quality management incorporating the principles
of the relevant approved Management Plans as described in Decision Notice 23118 DA. The
stormwater management plan and stormwater management design must demonstrate water
reuse strategies, infrastructure capacity and effective treatment methodology. The use of
rainwater harvesting tanks for irrigation purposes shall be incorporated in the overall design
plans. The following information is required to be submitted with the stormwater management
plan and stormwater management design submitted with the application for Operational Works
Approval:
a. An Audit report which confirms that the stormwater design achieves all criteria and
actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density
Environmental Management Plan by WBM dated 25 July 2007;
b. Confirmation from an RPEQ that the sites proposed stormwater management measures
will provide for infiltration into the sand subgrade without runoff for storms up to a 10
year Average Recurrence Interval;
c. The location for any required oil and sediment traps; &
d. MUSIC model results that demonstrate that the site will achieve the pollutant reduction
targets required by the Water Sensitive Urban Design Technical Design Guidelines and
the following water quality criteria:
i. Total nitrogen levels – 0.34 mg/l; &
ii. Total phosphorous levels – 0.035 mg/l.
59. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.
60. To ensure that polluted run-off does not enter the water table, the adjoining waterways or
Council’s stormwater drainage system, stormwater run-off from the car parking areas and the
driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a
grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge
into the larger 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/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, 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.
61. 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.
62. All site stormwater drainage shall be by means of a gravity system.
63. All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
circuit television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council
following satisfactory completion of construction works. The developer will be responsible for
the full cost of CCTV inspection, including any additional inspection necessary following defect
identification and rectification. This charge is payable prior to the issue of Operational Works
approval and will be determined on the unit rate basis current at the time of approval.
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Sewer Mains / Town Water Supply
64. Reticulated water supply and sewerage must be provided to the development.
65. Construction activities must not impede the access of Sunshine Coast Water or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
66. The fire-fighting demand on Council’s water supply system from the development must not
exceed 30 litres per second.
67. A single Council installed primary water meter must be provided immediately inside the
property boundary. Additional water meters must be installed for each title of a community title
or sub-lease scheme. Meters must be Council approved, installed in accordance with Council
requirements and remain accessible at all times for reading and maintenance purposes.
68. Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres
from Council sewer mains, and 1.0 metres from sewer manhole chambers and inspection
openings.
69. Storm water retention systems, gross pollutant traps and bio-retention basins must maintain a
minimum clearance of 1.5 metres from Council water supply and sewerage infrastructure.
70. Landscape planting within 1.5 metres of Council sewerage infrastructure must be Council
approved varieties and low growing when mature.
71. The level of the existing sewer manholes must be adjusted to suit the proposed finished
surface levels. Work must be undertaken by Sunshine Coast Water at the applicants cost.
72. Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres from
water supply infrastructure must be Council approved varieties and low growing when mature.
73. Construction works undertaken in the vicinity of Council water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
with repair, replacement or alteration of infrastructure must be met by the applicant.
Service Easements (Sewer / Stormwater)
74. A 3.0 metre wide easement must be provided over all Council sewers located in private
property that are not covered by an existing easement. A 4.0 metre wide easement must be
provided over Council sewers greater than 3.0 metres deep (where approved by Council).
Easements must be located centrally over the main.
75. A registered easement shall be created over any stormwater drainage pipes within the site
that collect stormwater from a Council road or convey stormwater from any adjoining property
(for example, where drainage pipes are provided within the site to prevent adjacent properties
from additional ponding/flooding due to the subject site being filled).
76. No building or other structure shall be constructed or encroach into an easement.
Construction Issues
77. A Traffic Management Plan for the each construction phase of the development shall be
submitted to and approved by Council at least 5 working days prior to the commencement of
any Building works or at least 5 working days prior to the pre-start meeting for Operational
Works. The Traffic Management Plan shall be referred to the Divisional Councillor for
comment before approval and shall include but not be limited to:
a. Limiting the routes for the heavy vehicles to the major road network and prohibit the use
of the local roads as access to the site.
b. Indicate provision for on-site and off-site parking for the required workforce.
c. Indicate the location of loading and unloading areas.
d. Indicate the location of any “holding” areas for heavy vehicles, and
e. Operating hours.
f. Maintaining clear pedestrian access around the site at all times.
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78. Construction staff shall not park on Serenity Close or elsewhere on-street. Parking shall either
be on site, an adjacent vacant site or at a suitable off-site location serviced via a shuttle bus.
79. A detailed Condition Survey must be carried out on existing structures, services, adjacent
buildings and roads prior to any excavation or construction works taking place on site. If
distress already exists, a photographic survey should be undertaken, the distress measured
and a plan to monitor changes to distress shall be implemented. Remediation of any
damages caused by construction of this development shall be undertaken within 3 months of
the completion of substantial works for this development.
80. Any significant dust and dirt accumulating on adjoining buildings as a result of this
development shall be removed at the end of substantial works if requested by the affected
bodies corporate.
Earthworks
81. Filling works required on site shall 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 shall not affect the structural integrity of any of the existing
fences and/or structures and/or lands that border the development site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
In this regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.
83. Plans and details outlining the extent of earthworks required on site and any trees to be
retained shall be submitted to Council for approval prior to obtaining a Development Permit for
Operational Works.
84. All major excavations (including the basements and driveways) shall be shored to prevent
batters extending into areas and vegetation to be retained. All tress to be retained shall be
adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to
prevent damage.
Acid Sulfate Soils
85. As the site is located below the 20m AHD and above the 5m AHD, any excavation works
consisting of 100m3 or greater which extends below 5m AHD must be carried out in
accordance with State Planning Policy 2/02 Planning and Managing Development Involving
Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared
by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
Site Stability
86. 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/or land, and make recommendations on
the type of foundation system(s) best suited for the proposed development. The
recommendations of this report shall be incorporated into the design and construction of the
proposed development.
Erosion and Sediment Control
87. 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.
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.
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Contributions Towards Council Infrastructure
88. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
a. Planning Scheme Policy 12 – Public Open Space Contributions;
b. Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
c. Planning Scheme Policy 16 – Sewerage Headworks Contributions;
d. Planning Scheme Policy 17 – Water Supply Headworks Contributions;
e. Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
f. Council Policy – Rural Roadworks Contributions; &
g. Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
General
89. Any Building Format Plans (or similar) submitted for Council approval must be accompanied
by the relevant Community Management Statement (or similar) demonstrating compliance
with the conditions of this approval.
90. 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.
91. 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.
92. 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).
93. A construction management plan/strategy to ensure no damage occurs to Council services
shall be prepared by a suitably qualified Registered Professional Engineer and submitted to
Council in conjunction with any application for Operational Works.
94. 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.
95. 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.
96. 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.
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97. 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.
98. 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.
Refuse
99. The developer shall provide waste and recycling storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”. The Waste Management Plan of Mark Rigby and Associates dated
February 2009 is not approved in its entirety. An amended Waste and Recycling Management
Plan (Operational) must be submitted for the day-to-day operation of the development and
approved by Council’s Waste and Resources Management Branch prior to issue of
development permit for operational works. The amended plan shall include amongst other
things –
a. Further details of the waste and recycling collection area on the south side of Building A
to show:
i. Full dimensions of the overall area and its likely increase in size to accommodate
the required bins.
ii. The number and types of bins stored there.
iii. The vehicle movement paths of the different general refuse and recycling vehicles
which must comply with the turning circles of AUSTROADS: design single unit
truck/bus (12.5m) template. This must allow easy and safe collection for both front
and rear loading and allow the required height clearance.
b. The nine waste and recycling storage areas throughout the resort and residential
buildings and the external waste and recycling collection storage area are all to be
provided with their own individual bin washing facilities.
c. The waste and recycling storage areas 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, styrofoam boxes, etc.
d. The proposed separate refuse chutes (general refuse and recyclables) must be provided
in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey
Buildings”. The recyclable chutes in Buildings A – C are to be used in the same way as
Buildings D – G.
100. A Construction Waste Management Plan shall be submitted and approved by Council’s Waste
and Resources Management Branch prior to issue of a development permit for operational
works. Waste Management Plans are required to be 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 (refer to Noosa Council Waste Management
Code).
The Plan shall contain the following information:
a. The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume *specify proposed *specify contractor and landfill site or
(m³) re-use or on-site and recycling outlet other disposal site
recycling methods
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.
Trade Waste
101. The drainage system from all business that are likely to discharge trade waste must comply
with Council’s Trade Waste Policy and Sunshine Water’s guidelines for accepting trade waste
into the sewer. All appropriate trade waste permit and/or agreements must be applied for and
issued prior to the discharge of any trade waste to the sewer.
102. Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
a. 7am to 10pm: Maximum background + 5dB(A)
b. 10pm to 7am: Maximum background + 3dB(A)
Pumps
c. 7am to 7pm: Maximum background + 5dB(A)
d. 7pm to 10pm: Maximum background + 3dB(A)
e. 10pm to 7am: No audible noise.
103. Written certification from a suitably qualified person shall be submitted confirming that the
noise levels from all mechanical equipment comply when measured at either the residential
boundary or outside the most exposed part of an affected building, whichever is the closest to
the equipment.
The assessment and certification is required immediately after installation of the equipment
and prior to any occupation of the building, and in a format approved by Council. All
equipment should be operating at the same time to test the overall noise level created.
Note: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is best
located. They can also advise about noise enclosures and can make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.
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104. Noise from building works associated with residential development shall comply with the
following –
a. Limited to between 7:00am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
Communication with existing residents
105. The developer shall institute a fortnightly communication with residents within Serenity Close
to advise of construction progress and works to be undertaken in the coming fortnight.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site Contains Concurrence Department of Natural PO Box 573
Assessable Vegetation Resources & Water NAMBOUR QLD
4560
Koala Conservation Concurrence Department of Ecoaccess Customer
Area Environment and Service Unit
Resource Management PO Box 15155
CITY EAST QLD
4002
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
A-SD-1.100 G Site Plan Level 0 Basement Level 25 August 2009
Carpark
A-SD-1.101 G Site Plan Level 1 Lower Ground Level 25 August 2009
A-SD-1.102 G Site Plan Level 2 Ground Entry Level 25 August 2009
A-SD-1.103 G Site Plan Level 3 25 August 2009
A-SD-1.104 G Site Plan Level 4 25 August 2009
A-SD-1.105 G Site Plan Level 5 25 August 2009
A-SD-1.106 G Roof Plan Level 5 25 August 2009
4.31 - Elevations -
4.32 - Elevations -
4.33 - Elevations -
4.34 - Elevations -
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7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
2. For properties located in the catchment area for the Coastal Major Road Network
Infrastructure Charges Plan, this development permit may trigger an Infrastructure Charge to
be issued in accordance with the Infrastructure Charges Plan and Chapter 5 of the “Integrated
Planning Act 1997”.
3. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
4. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
5. 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.
6. 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.
7. The following is required for the proposed restaurant:
(i) Plans and application is to be made to Council’s Healthy Places Section for approval
prior to any building approval, fitting out or use of the premises.
(ii) 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.
(iii) Construction and use of the food premises should comply with Council’s Food Premises
Policy and the Food Safety Standards (both available from Council).
(iv) 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.
(v) 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.
(vi) 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.
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8. 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
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.
8 PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
(i) Access and/or Car parking.
Development Permit for Operational
Works (ii) Site Civil Works.
(iii) Roadworks.
(iv) Stormwater Drainage.
(v) Frontage Works.
(vi) Sewer reticulation (including new mains,
relocations, diversions, pump stations and
rising mains).
(vii) Excavation of materials to fill another site.
(viii) Landscaping.
(ix) Erosion & Sediment Control
Development Permit for Building Works All Building Works
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11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable
12 SUBMISSIONS
There were 21 properly made submissions about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
Coordinator Planning Applications - North
Enc: Infrastructure Contributions Advice Notice
Infrastructure Charge Notice
Cc:
Department of Environment and Resource Department of Environment and Resource
Management Management
Vegetation Ecoaccess Customer Service Unit
PO Box 573 PO Box 15155
NAMBOUR QLD 4560 CITY EAST QLD 4002
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List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Name Company Address 1 Address 2
Helmut Eichberger 20 Boston Street CLAYFIELD QLD 4011
Dr. Valerie E Lewis 3/9 Katharina Street NOOSA HEADS QLD
4567
Graham & Julie Smith 3/6 Serenity Close NOOSA HEADS QLD
4567
B.J. Dorset & J. Smith 34/53 Banksia NOOSA HEADS QLD
Avenue 4567
John Nicholson & Rosemary 12/6 Serenity Close NOOSA HEADS QLD
Goode 4567
Carole & Tony Ferrett 5/6 Serenity Close NOOSA HEADS QLD
4567
Fay & Des Hanley 22 Grant Street NOOSA HEADS QLD
4567
Professor Michael Besser 4/6 Serenity Close NOOSA HEADS QLD
4567
Helen Maddern & Anthony 15/8 Serenity Close NOOSA HEADS QLD
Maddern 4567
Arthur John Sly 32 Grant Street NOOSA HEADS QLD
4567
I.K. Crow PO Box 756 NOOSA HEADS QLD
4567
Annette & Greg Brookes 9/6 Serenity Close NOOSA HEADS QLD
4567
Miriam & Gary Hicks 30 Grant Street NOOSA HEADS QLD
4567
Margaret & Graham Gough 5/10 Woorigoleen TOORAK VIC 3142
Road
Denise Roberts 4/4 Serenity Close NOOSA HEADS QLD
4567
Tina B Sweeney 6/6 Serenity Close NOOSA HEADS QLD
4567
Leonard Hunter King 1/53 Banksia NOOSA HEADS QLD
Avenue 4567
Kate Gardiner 10/6 Serenity Close NOOSA HEADS QLD
4567
G & M Falconer 18 Holm Place CARINDALE QLD 4152
Brian C Ashcroft 5 Gumdale Court NOOSAVILLE QLD
4566
David Gardiner 10//6 Serenity Close NOOSA HEADS QLD
4567
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Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/176 Page 20 of 30 [OCR of page images] 2008/176 Department of Natural Resources and Water (NRW) Referral Agency Response sechon 3 3 16 integrated Planning Act 1997 1. APPLICATION INFORMATION 1.1 Applicant name CBD Settlers Cove Pty Ltd 1.2 Property description Lot 603 SP188270 1.3 Development Type Matenal Change of Use 1.4 Assessment Manager Sunshine Coast Regional Council 1.5 Assessment Manager Reference 2008/176 1.6 Date application properly referred 1 May 2008 1.7 Departmental Reference ICOSO8NAMO002 2. CONCURRENCE AGENCY MATTERS Vegetation Management Act 1999 The Chief Executive of the Department of Natural Resources and Water (NRW) would like to inform the Assessment Manager, that NRW has no concurrence agency requirements in regard to the application Reasons for the concurrence agency response NRW has assessed the Matenal Change of Use (MCU) application against the Concurrence Agency Policy for Matenal Change of Use (MCU) 23 August 2007 and has determined that the application meets the requirements of Critena Table B, because cleanng as a result of the MCU will only occur * for an urban purpose in an urban area on freehold land, and * in remnant vegetation that does not contain an endangered reqional ecosystem, where there is no Property Map of Assessable Vegetation (PMAV) for the area subject to the cleanng Definitions Underlined terms have been defined—Schedule A - Glossary 3. ADVICE AGENCY MATTERS Acid Sulfate Soils The Chief Executive of the Department of Natural Resources and Water (NRW) provides the following advice to the Assessment Manager on matters relating to State Planning Policy 2/02 — Planning and Managing Development Involving Acid Sulfate Soils (SPP 2/02) The application suggests that the proposed development will involve the excavation of 1000m* or more of soil or sediment at or below 5m AHD Based on this information, SPP 2/02 — Planning for and Managing Development Involving Acid Sulfate Soils (SPP 2/02) requires the applicant to conduct investigations to identify the presence of Acid Sulfate Soil (ASS) consistent with SPP 2/02 and associated Page 20 of 30
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2008/176 Page 21 of 30 [OCR of page images] 2008/176 documents’ and, i required, to provide an ASS Management Plan NRW requested this information from the applicant in wntten correspondence dated 15 May 2008 The penod prescnbed within the /ntegrated Planning Act 1997 for the provision of this Referral Agency Response ts about to expire and NRW has yet to receive adequate supporting information from the applicant relating to the identification and of ASS As section 5 3 of SPP2/02 requires an Assessment Manager apm ane ree a in oe eye hated ey Whe, Bootes decision on the application unt an ASS investigaon report and, if required, an ASS Management Plan is submitted and assessed This will provide an opportunity for NRW to give the Assessment Manager appropnate technical advice regarding the ability of the proposal to meet Development Outcome 1 enunciated within SPP 2/02 . THIRD PARTY MATTERS The Chief Executive of the Department of Natural Resources and Water provides the following advice to assist the Assessment Manager to fully consider the application. Aboriginal Cultural Heritage Act 2003 NRW also takes this opportunity to advise the Assessment Manager of the responsibilives of apphcants under the Abonginal Cultural Hentage Act 2003 The Assessment Manager may wish to include this information as an Advisory Note on the Decision Notice issued for the application Under section 23 of the Abonginal Cultural Heritage Act 2003 a person who cames out an actvity must take all reasonable and practcable measures to ensure the actvity does not harm Aboniginal cultural hentage (the “cultural hentage duty of care") Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual Applicants will comply with the duty of care in relation to Abonginal cultural heritage if they are acting in accordance with cultural hentage duty of care guidelines gazetted under the Abonginal Cultural Hentage Act 2003, available on the NRW website, or in accordance with an agreement with the Aboriginal party for the area or a cultural hentage management plan approved under part 7 of the Abonginal Cultural Hentage Act 2003 Applicants are also encouraged to undertake a search of the Aboriginal Cultural Hentage Database and the Abonginal Cultural Hentage Register, administered by the Cultural Hentage Coordinaton Unit, NRW Application forms to undertake a free search of the Cultural Hentage Register and the Database may be obtained by contacting the Cultural Hentage Coordination Unit on (07) 3238 3838 or on the NRW website www nrw gid gov au/cultural_hentage Le _ Jeff Guinea Senior Officer (Planning & Environment) Nambour — South East Region Authorised Delegate 12 June 2008 Attachment 1 Schedule A- Glossary " SPP 2/02 and the SPP 2/02 Guideline are available from www ipa qid gov aulcodes/codespohows asp ‘The associated technical documents are available from hip /Mwww niw gid gov aulland/ass/products him! Department of Natural Resources and Water ICOSOBNAMO002 Page 2 of 4 Page 21 of 30
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2008/176 Page 22 of 30 [OCR of page images] 2008/176 Schedule A - Glossary Clearing, for vegetabon * means remove, cut down, nngbark, push over, porson or destroy in any way including by burning, flooding or draining, but * does not include destroying standing vegetation by stock, or lopping a tree Clearing as a result of the MCU includes * clearing of assessable vegetation that will result from the change in use, consisting of any of the following — leaning for infrastructure—including buildings, stormwater management systems, water supply and sewerage systems—that are proposed as part of the MCU application — cleaning for roads, vehicle parking, vehicle and pedestnan access, utilities comidors, services, fences, firebreaks and fire management lines that are proposed as part of the MCU application ~ Cleanng that may not be necessary for developing infrastructure but is associated with the use applied for. And * cleanng of assessable vegetation that will become exempt if the development application ts approved This includes any of the following examples — cleaning for routine management and essential management purposes associated with the approved development including clearing to maintain proposed infrastructure, facilities, roads, access routes, utilities, services and fences, and clearing to maintain the safety of persons and property that will be associated with the development =~ cleaning for necessary fire breaks and fire management lines associated with the development This will be assessed as follows 1 all built infrastructure other than underground services, roads and fences will be assessed as requiring cleanng for firebreaks with a width of 1 5 times the height of the tallest vegetation adjacent to the infrastructure, or 20m, whichever is the greater However, evidence may be provided to NRW that confirms that an alternative firebreak width is required that is consistent wth the State Planning Pohcy (SPP) 1/03 Guideline all proposed allotment boundaries will be assessed as requinng clearing for fire management lines with a width of 10m constructed on either side of the allotment boundary, unless NRW ts provided with evidence that confirms that an alternative width of fire management line 1s required or an alternative configuration of fire management lines are required that ts consistent with the SPP 1/03 Guideline jm in the case of evdence being presented that demonstrates alternative fire management guidelines as being sufficient and consistent with the SPP 1/03, NRW may condition the development so that the full extent of exempt clearing prescribed for essential management under Schedule 8 of the IPA cannot be carned out by current or future landholders — where there is a concurrent application for Reconfiguring of a Lot (RaL) for the same land that has not yet been decided—cleanng as a result of the RaL as set out in the Ral Policy item 2 will be assessed Endangered Regional Ecosystem means a regional ecosystem that is prescribed under a regulation and has either— (a) less than 10% of its pre-clearing extent remaining, or Department of Natural Resources and Water |COSOBNAMOCO2 Page 3 of 4 Page 22 of 30
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2008/176 Page 23 of 30 [OCR of page images] 2008/176 (b) 10% to 30% of its pre-clearing extent remaining and the remnant vegetation remaining is less than 10000ha Regional Ecosystem means a vegetation community in a bioregion that is consistently associated with a particular combination of geology, landform and soil Remnant Vegetation for an area of Queensland within a regional ecosystem map, means the vegetation mapped as being within remnant endangered regtonal regional ecosystems on the map Urban area 1s an urban area as defined in the Integrated Planning Act 1997. Urban Purpose 1s an urban purpose as defined in the /ntegrated Planning Act 1997 Vegetation is a native tree or plant other than the following * grass or non-woody herbage * aplant within a grassland regional ecosystem prescribed under a regulation * amangrove Department of Natural Resources and Water ICOSO8NAMO002 Page 4 of 4 Page 23 of 30
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2008/176 Page 24 of 30 [OCR of page images] 2008/176 Notice Amended Concurrence Agency Response This notice is issued by the Department of Environment and Resource Management pursuant fo Sections 3.3.16 and 3.3.18 of the Infegrated Planning Act 1997 to advise of a decision or action. CBD Settlers Cove Pty Ltd ce: Sunshine Coast Regional Council C/- Martoo Consulting Locked Bag 72 PO Box 1684 Sunshine Coast Mall Centre QLD 4660 NOOSA HEADS QLD 4567 Our reference: 324907 Deer Sir/Madam Re: Referral for Concurrence Agency Response The Department of Environment and Resource Management (DERM) wishes to advise that the concurrence agency response relating to the ature Conservation (Koala) Conservation Plan 2006 and Management Program 2006-2016 (the Koala Plan), dated 6 April 2009, has been amended and decided on 8 January 2010. Property/Location: Street address- Serenity Close NOOSA HEADS QLD 4567 Lot/Plan - Lot 603 Plan SP188270 Details of the Recommendation Aspect of Development - Concurrence Response for Development in a Koala Habitat Area - Amaterial change of use of premises in a Koala Conservation Area Recommendation Approve in full with conditions Page 1 of 5 + AFO80109 @ aueensiand Government Department of Environment and Resource Management wew.derm.qic.gov.au ABN 87 221 158 786 Page 24 of 30
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2008/176 Page 25 of 30 [OCR of page images] 2008/176 ecoaccess onwronmental Aconces and prams Notice Concurrence Agency Response The approved plans The approved plans and/or documents for this approval are: Plan/Document Plan/Document Name Date No. 78130 Fauna Management Plan — Settlers Cove, Noosa Heads May 2005 Prepared by; C & 8 Group Bi51S6 Settlers Cove Noosa Residential High Density Environmental Management Plan 22 July 2005 (EMP1) Prepared by: WBM Oceanics Australia ; 04.05.2005 Settlers Cove Noosa Landscape Master Plan 4 May 2005 Prepared by: LandGraphics Lot10&11 Lot 10 and 11 Residential Apartments Setilers Cove DA September 2009 Prepared by: DBI Architects DERM Concurrence Conditions of Approval The following conditions are to be placed on the final decision notice which pertain to fulfilling the requirements of the Koala Plan for committed development in a Koala Conservation Area. 1, Development must be wholly contained within the portion of the lot designated for development. Building envelopes and associated infrastructure must be placed in the location as shown on the Settlers Cove Master Plan and in accordance with the plans listed above. Clearing of Koala Habitat Trees 2. No koala habitat trees on the subject site will be removed or disturbed as @ consequence of the operational works except for those Identified within the building envelopes as outlined in the Fauna Management Plan (May 2005), The clearing of koala habitat trees on the subject site must be undertaken in accordance with sections 15 and 16 of the Koala Plan. Koata habitat trees are defined in the Nature Conservation (Koala) Conservation Plan 2006, They include tree species of the Angophora, Corymbia, Eucalyptus, Lophosteman and Melaleuca genera, and have a height of more than 4m or a trunk with a diameter of more than 10cm at 1.3m above the ground. habilitath 3. Rehabilitation of koala habitat is to be undertaken in accordance with the Koala Plan, The proposed Revegetation Plans are to be submitted to the DERM and Sunshine Coast Regional Council six (6) months prior to the commencement of operational works. a) The location of the rehabilitation site should be based on its ability to provide connectivity to other areas of bushland and/or providing for improved koala movement across the site. b) Plant species assemblage, density and distribution including the understorey should resemble the surrounding regional ecosystem. c) All koala habitat tree species are to be derived from local seed stock. d) Suitable protective measures are required to be installed around the rehabilitation area(s) at the time of planting and remain in place until the maintenance period has finished. ®) All revegetation must be completed within one (1) year of the date an operational works approval is issued by Sunshine Coast Regional Council. Page 2 of 5» AFO8O109 Department of Environment and Resource Management Page 25 of 30
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2008/176 Page 26 of 30 [OCR of page images] 2008/176 ecoaccess ‘omdranmertal Seances and permits Notice Concurrence Agency Response f) Maintenance of all completed revegetation is to be undertaken by the applicant over a period of two (2) years, commencing from the date revegetation is completed. Maintenance actions are to address the following: «stabilisation of soll structure; * replacement of dead or diseased tree plantings; © regular watering, taking into consideration current water restrictions; and * removal and management of noxious plant and environmental weed species. Landscaping . 4. Landscaping of the subject site is to be undertaken In accordance with the Koala Plan (at least 70% Australian plants, of which 50% are native to area including koala habitat tees native to the area), The proposed Landscape Plans are to be submitted to the DERM and Sunshine Coast Regional Council six (6) months prior to the commencement of operational works. Gonstruction in a Koala Habitat Area §, Clearing and construction on the subject site must be limited to the hours between 6am and 6pm. -6. During construction, the driving and parking of vehicles, as weil as stockpiling of soil and other materials, must be carried out away from the root zone of trees to be retained. 7. The applicant shall ensure that all employees, contractors, subcontractors, agents or any other person engaged or employed to carry out building works under this Development Permit comply at all times with the requirements of this Development Permit and do not clear any vegetation that is not approved to be cleared under this Development Permit or in a manner that is inconsistent with it. 8. The applicant shall notify the Department of Environment and Resource Management (DERM) Customer Service Centre on phone 1300 368 326 or email at koala [email protected] at least § business days prior to the commencement of any clearing of koala habitat trees on the subject site of the date clearing is to commence and the koala spotter to be used. 9. Domestic dogs are not permitted on the site during construction. Traffic 10. Traffic entering and exiting the site should be kept to a minimum between the hours of 6pm and 6am. 11. Signage depicting a koala and a maximum speed limit of 20km/h should be erected at the entrance to the site to inform visitors that koalas may be present on the site. 12, Traffic calming devices must be installed along the main entrance and internal roads where they intersect with, or are directly adjacent to koala movement corridors on the site. 13. Artificial lighting on the subject site must be operated to ensure it is directed away from adjacent . conservation areas and other fauna corridors to minimise impacts to koalas and other wildlife inhabiting of moving through the site. Education 14, The applicant is required to develop educational material for the intended use by residents and guests to raise awareness of the sites koala habitat values and ‘koala sensitive’ design aspects of the development. Page 3 of § + AFORO109 Department of Environment and Resource Management Page 26 of 30
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2008/176 Page 27 of 30 [OCR of page images] 2008/176 ecoaccess eracronmental Boonces and pens Notice ee Concurrence Agency Response Definitions “Koala exclusion fencing” means a fence that Is made of materials that a koala cannot easily grip, including, for example tin panels and has a gap of less than 10cm between the ground and appropriate fencing material. Nearby trees and shrubs should be at least 3m away from the exclusion fencing. “Koala friendly fencing” is defined as a fence that: a. allows koalas to easily climb through or over the fence by choosing materials such as post and rail and leaving at least a 30cm gap between ground level and the first rail or strand; or b. Provide a means for koalas to get over a fence that cannot be easily climbed by: i. installing a timber post leaning against the fence at a 45 degree angle on either side; i. planting vegetation within close proximity on either side of the fence to provide a natural ladder, li, installing planks or panels horizontally along the top of the fence to provide a walkway; and iv. _ building the fence around existing trees and vegetation, “Subject site” refers to Lot 603 on SP188270 Advice to Applicant and Council The clearing of koala habitat trees must be undertaken in accordance with sections 15 and 16 of the Nature Conservation (Koala) Conservation Plan 2006 and Management Plan 2006-2016, The applicant shall notify the Department of Environment and Resource Management (DERM) Customer Service Centre on phone 1300 368 326 or email at koala. [email protected] at least 5 business days prior to the commencement of any clearing of koala habitet trees on the subject site of the date clearing is to commence and the koala Spotter to be used, Koalas that are identified on the site during construction are not to be captured and relocated. Translocation is prohibited under the Nature Conservation Act 1992. Should a koala be found sick of injured the fauna spotter must either take it to the nearest treatment facility or contact the DERM hotline on 1300 130 372. The above DERM concurrence conditions are the full responsibility of the applicant and new landholders, The DERM recommends that Sunshine Coast Regional Council place a notation on the proposed allotments which alerts potential landowners when conducting a property search to the development conditions on the property, in particular, koala sensitive dog ownership. Assessment Manager Responsibilities Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997 that a copy of the final Decision Notice (which includes the DERM's concurrence response) for this application issued by Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore could you please send a signed hardcopy to the DERM's Ecoaccess Customer Service Unit, PO Box 16166 CITY EAST 4002 and an electronic copy to eco, accessiderm. gid.gov. au. Page 4 of 5+ AF060109 Department of Environment and Resource Management Page 27 of 30
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2008/176 Page 28 of 30 [OCR of page images] 2008/176 ecoaccess enevormentel licences and pants Notice Concurrence Agency Response If you require more information, please contact Brett Manning, the Project Manager, on the telephone number listed below. Yours singprely rf, 4 / at > Enquiries: Manager Brett Manning Koala Conservation Unit Project Manager Department of Environment and Resource Management Koala Conservation Unit PO Box 15155 CITY EAST QLD 4002 Phone: (07) 3330 5491 8 January 2010 Fax: (07) 3330 5515 Email: brett. [email protected] Page 6 of 6 > AFO80109 Department of Environment and Resource Management Page 28 of 30
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2008/176
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for;
(2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
a. (a) a notice giving a decision on a request to change
1
Section 3.1.6 (Preliminary approval may override or cancel a condition of a development approval.
local planning instrument)
Page 29 of 30
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2008/176
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
a.
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
Page 30 of 30
Used in these records
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