Attachment A - Existing approval (00019209) · MCU15/0091

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The southern building fronting Weyba Road shall be relocated 1 metre to
the north to provide an increased set-back to the adjoining restaurant and
to permit more substantial landscape plantings in this part of the site.

The individual buildings shall receive a different colour treatment so as to
encourage a sense of varied design. The developer shall submit sample
colour palettes to the Shire Planner for approval, prior to the issue of a
Building Application.

Prior to a Building Application being submitted, the developer shall
consult with Council’s Building Department regarding the following
matters: -

7.1 The mixed classification proposed for the development.

7.2 Protection of openings in accordance with Part C3 of the Building
Code of Australia. Particular attention to be given to openings
facing between Blocks 1 and 2 and between Blocks 2 and 3.

7.3 Provision of smoke detector devices.
7.4 Provision of fire hydrants.

7.5 If access for people with disabilities is required, provision be made
for a disabled unisex toilet.

7.6 Provision of cover to staff toilets.
7.7 Fire separation.

Provision of ‘at least 49 off-street car parking spaces, comprising 44
covered spaces and 5 uncovered spaces, and access thereto which are to be
provided with a sealed pavement and designed, drained, constructed and
maintained in accordance with the Planning Scheme, Council's Policies
and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications for these works are to be submitted to the Shire Engineer for
approval in conjunction with the Building Application. A Building
Approval shall not be granted until the Shire Engineer has approved of the
carparking and access scheme.

The carparking layout and manoeuvring areas are to conform to
AS2890.1. Note that car spaces 37 and 38 require modification in respect
of manoeuvring. This may require adjustment of Block 4.

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Kimlin Enterprises Pty Ltd - 03997 TR , Page 3

10.

11.

12.

13,

14.

15.

16.

17.

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Payment of a contribution to Council in accordance with Council's Policy
on Development in the Noosa River Flood Plain, prior to the issue of .
Building Approval. Such payment shall be in accordance with the
contribution rate adopted by Council and current at the time of payment.
An estimate only of the contribution at the date of this decision is $5,500.

There is to be 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 to be submitted to and approved by the Shire Planner, prior
to the issue of a Building Approval. Such landscaping is to be completed
in accordance with the approved landscape plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable
satisfaction of the Shire Planner.

No clearing is to take place until the landscaping plans are approved.

Any fencing provided in conjunction with the development is to be setback
an average of two (2) metres to any road frontage pursuant to clause 36
(6) (c) of the Schedule to the Planning Scheme.

Screen fencing shall be provided along the common property boundaries
of the site. Such fencing shall be 2 metres height.

Existing Fiscus, Mango, African Tulip and Poinciana trees at the rear of
the site adjacent to the rear of “Anitas” restaurant are to be retained. Any
other trees on site 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.

Construction work and other associated activities are permitted only during
the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is
permitted on public holidays, except where extended hours are approved
by the Building Surveyor.

Any advertising sign or device is to comply with the provisions of
Council's policies on advertising.

All separate, ‘adjoining lots that form part of this application are to be
amalgamated into one undivided lot in accordance with Section 5.11 of the
Local Government (Planning and Environment) Act, prior to the issue of a

Building Approval.

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18.

19,

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Amalgamation of the site is to also allow for a truncation at the
intersection of Gympie Terrace and Weyba Road at no cost to Council.
The area of the truncation shall be to the reasonable satisfaction of the
Shire Engineer.

Payment of contributions in accordance with Council's Policy on Water
Supply and Sewerage Headworks. An estimate only of the charges as at
June 1996, under the current policy is as follows:-

Water Supply - $79272
Sewerage -  $64544

TOTAL: $143816

Please note that the headworks charges will alter in accordance with Price
Index variations or if any amendment is made to’‘Council's policy.

Headworks contributions shall be calculated and paid in accordance with
either of the following alternatives:-

19.1 Payment to be made prior to the issue of a Building Approval in the
amount calculated under the Policy at that date; or

19.2 Payment may be deferred to a date:-

19.2.1 prior to Council sealing plans of the development for
titling purposes;

19.2.2 prior to the issue of a Certificate of Classification for any
building approved under this application; or

19.2.3 prior to commencement of the approved use at the
relevant premises;

whichever is the sooner. Payment of deferred headworks
contributions shall also be subject to the following requirements:-

19.2.4 Submission of a trading bank guarantee to the value of
headworks assessed at the time prescribed by the Local
Government (Planning and Environment) Act 1990, plus
20%, prior to Building Approval;

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20.

21.

22.

23.

24.

25.

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19.2.5 Headworks shall be calculated as the value of headworks
assessed at the time prescribed by the Local Government
(Planning and Environment) Act 1990, plus interest
charged at the rate set by the Queensland Treasury
Corporation for Local Government borrowings as they
apply to Noosa Shire. The interest rate used shall be the
rate current at the "time prescribed" above;

19.2.6 Should the contributions not be paid at the due time,
Council shall call upon the security lodged; and

19.2.7 in the case of a building permit, if a permit expires the
securities held will be returned.

Construction of roadworks, drainage and footpath improvements across
the full frontages of the development to the satisfaction of the Shire
Engineer. Such works shall involve the construction of kerb and channel,
bitumen widening, associated drainage, hot mix correction to the existing
pavement, where required and footpath upgrading works. In this regard,
plans prepared by a registered Civil Engineer are to be submitted to and
approved by the Shire Engineer, prior to the issue of Building Approval.

A design prepared by a registered Civil Engineer is to be submitted
outlining the indented carparking proposed in both Gympie Terrace and

Weyba Road. This plan is to conform to AS2890.1.

Any existing vehicle crossovers superfluous to the approved design are to
be broken out-and replaced with kerb to match the surrounding.

The footpath across the frontages of the site is to be upgraded by the
provision of a 1.2 metres wide concrete footpath and the forming, grassing
and topsoiling of the remaining area to the standards and requirements of
the Shire Engineer. The applicant is to contact Council's Engineering
Department to determine the footpath alignment prior to the
commencement of any works. A meandering footpath is desirable.

The developer shall bear the cost of alteration of any public utility or other
facilities necessitated by the development of the land or associated
construction works external to the site.

Connection to Council's existing water supply and sewerage reticulation
systems at the developer's expense to the standards and requirements of
Council's Shire Engineer.

The developer shall provide metered water connections from the water
supply system to the proposed development, in accordance with Council's
standards and to the satisfaction of the Shire Engineer.

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Kimlin Enterprises Pty Ltd - 03997 TR ‘Page 6

26.

27.

28.

29.

30.

31.

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The site is to be filled to levels nominated by the Shire Engineer to
provide adequate site drainage. Floor levels for all buildings and other
structures and car park areas are to be in accordance with the requirements
of the Shire Engineer. A Building Approval shall not be granted until the
Shire Engineer has approved all levels. Fill and floor levels will be
provided on application to the Council's Engineering Department. Any
filling works undertaken on the site shall be carried out in accordance with
Section 3.8 of Council's "Engineering Design Standards" manual so as not
to cause the ponding of water on any adjoining lands or the blockage of,
or interference with, any natural watercourses. No earthworks or filling
works are to be undertaken until issue of a Building Approval.

Any drainage problems on adjacent lots caused by this filling is to be
overcome with interlot drainage points external to the site. These are to
be part of the drainage plan to be submitted to Council for approval as
required above.

Roof and surface water is to be collected on site and is to be discharged
through a single underground drain line into existing drainage in Gympie
Terrace and Weyba Road to the satisfaction of the Shire Engineer. A
Building Approval shail not be. granted until the Shire Engineer ha:
approved of the drainage scheme. ,

The developers attention is drawn to the existing sewer traversing the site.
This is to either be protected and joined into or abandoned. An
appropriate design prepared by a registered Civil Engineer is to be
submitted to Council for approval in respect of any works affecting this
sewer main.

Submission of two sets of professionally drawn scale plans in compliance.
with Council's Code controlling food establishments for approval by
Council's Health Surveyor, for any food premises proposed to be included
in the development. Approval is to be obtained prior to fitting out the

building. ‘ :

An annual licence is to be obtained under the Food Hygiene Regulations
of 1976 from Council's Health Department.

Provision of approved refuse containers in accordance with the
requirements of the Refuse Management Regulations of 1983 for the
storage and collection of refuse to the satisfaction of Council's Health
Surveyor. No refuse containers are permitted to be stored, emptied or
cleaned within 20 metres of the boundary of the adjoining restaurant site in
Weyba Road.

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32.

33,

34,

35.

36.

37.

38.

39.

Provision of an imperviously paved and drained area to be drained to
Council’s to sewer to accommodate all refuse containers to the reasonable
satisfaction of Council's Health Surveyor. This area is to be aesthetically
screened from any road frontage or adjoining property boundary and is to
be setback a distance of two (2) metres‘from any road frontage. A
suitable hosecock and hoses are to be located in the vicinity of the refuse
container area.

Any flat or unit intended to be let out for fee or reward is to be licensed
annually with Council's Health Department in accordance with the
provisions of Chapter 43 of Council's By-Laws prior to such letting.

The swimming pool shall be licensed annually with the Council's Health
Department in accordance with the provisions of Chapter 42 of Council's
By-Laws.

Adequate provision of staff toilet facilities to the satisfaction of the Chief
Environmental Health Officer.

The footpath and setback areas are to be kept clear of goods, signs and
street furniture not approved by Council.

Where S.E.Q.E.B. require provision of a transformer, a pad mounted

_ transformer, together with access is to be located on site to the satisfaction

of S.E.Q.E.B., the Shire Engineer and Shire Planner. The transformer is
not to be located within landscaped areas unless approved by the Shire
Planner.

Submission of a cash bond or trading bank guarantee to the sum of
$50,000 to secure performance of conditions, prior to the issue of Building
Approval. The cash bond or trading bank guarantee will be returned upon
performance of the conditions of approval.

The provisions of this approval are to be effected, prior to the
commencement of the approved use. Council reserves the right to call
upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.

B. Advise the applicant that following:-

1.

2.

The expiry of the period for institution of appeals; or

The receipt of written notification by Council that the applicant “accepts the .
decision of Council without dispute and will not exercise any right of appeal to
the Court in respect of the decision"

application can be made to the Director-General of the Department of Local
Government and Planning for approval of the rezoning.

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Kimlin Enterprises Pty Ltd - 03997 TR Page 8

Prior to application being made to the Director-General of the Department of Local
Government and Planning for approval of the rezoning, the developer is to submit
amended copies of the Plan of Development that accord with the conditions of
approval.

C. Adopt the following reasons in support of the proposal, as its statement of grounds
on which application to the Director-General of the Department of Local

Government and Planning will be made:-

1. | The proposal accords with the Strategic Plan for the Shire of Noosa.
2. The land is suitable for the proposed development.

3. Conditions imposed on the rezoning will assist in alleviating concerns of the
objectors.

D. Adopt the contents of the Town Planning Department's report dated 12th September
1996, as:-

1. Facts and circumstances relied on by Council in support of the statement of
grounds on which application to the Director-General of the Department of
Local Government and Planning will be made.

2. Its representations on the objections to the proposal. °

Please find attached, extracts‘from the Local Government (Planning and Environment) Act
outlining appeal rights against Council's decision and the form prescribed for the
institution of an appeal. A list of the names and addresses of the principal objectors
pursuant to Section 4.1 (4) of the Act is also attached.

Should you wish to obtain more information, the reports, staff and Committee
recommendations and Council Minutes regarding this application are available for viewing
or purchase at the Level 3 counter of Council offices. It would assist Council staff if you
could bring this letter with you.

Yours faithfully,

OW

Raul Weychardt
SHIRE PLANNER

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