FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.4) · ATTACHMENT 1 – Proposed Conditions

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      DA 4.07         9     3D View – Pool View 2, prepared by Marchese           09.02.2023
                            Partners

      DA 4.08         9     3D View – Looking North from Resort Drive, prepared   09.02.2023
                            by Marchese Partners

      DA 5.02         6     Accommodation    Types,   prepared   by   Marchese    09.02.2023
                            Partners

      LCP2        –   D     Landscape Concept Design Package prepared by          08.02.2023
      LCP23                 Place Design Group

      N/A             1     Terrestrial Ecology Assessment prepared by
                            Gondwana Ecology dated 26.02.2020 and as
                            amended by letter from Gondwana Ecology dated 9
                            February 2023

      N/A             4     Bushfire Hazard Assessment prepared by Rob Friend
                            & Associates dated 30.04.2022 and as amended by
                            the letter from Rob Friend and Associates dated
                            10.02.2023

      Plate 1               Outdoor Use Areas – Time of Use Restrictions

Nature and Extent of Approved Use
3.   The approved resort units must be used for short term visitors only. The approved units must
     not be occupied by persons for the purpose of permanent accommodation, excluding those
     persons in a manager's residence for the premises. The requirements of this condition must
     be included in the Community Management Statement for any body corporate for the subject
     site.
4.   The approved uses and associated activities must not result in environmental nuisances
     such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or
     surrounding uses.
5.   Service vehicle movements associated with non-residential uses on the premises (including
     loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
     and not at all on Sundays or public holidays. The requirements of this condition must be
     included in the Community Management Statement for any body corporate for the subject
     site.
6.   Conferences and Functions must only occur within the existing Noosa Springs Golf and Spa
     Resort.
Currency Period
7.   This development approval lapses if the use has not happened by 20 July 2029 unless an
     application to extend the currency period is approved by Council.
Ventilation
8.   All internal use areas of the accommodation use including hotel suites, common areas, office,
     dining, bar and lobby areas shall be fully air-conditioned, allowing external façade elements
     (doors and windows) to be closed if required. Fresh air makeup to the air conditioning
     systems must be drawn from roof level locations located as far as practical from the Noosa
     Wastewater Treatment Plant.
9.   Activated carbon filtration to be installed on all fresh air makeup locations of the air
     conditioning systems and are regularly maintained to manufacturer specifications.




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Outdoor Use Areas – swimming pools and tennis courts
10.   Use by guests and visitors of the tennis courts, is limited to the time period 6am to 10pm
      only. 11.
11.   Use by guests and visitors of the swimming pools located to the north of the proposed
      buildings as identified in Plate 1 (not including the outdoor area between the proposed
      buildings) is limited to the time period 6am to 12am only.
Acoustic
12.   An updated acoustic report must be submitted to Council prior to the issue of an Operational
      Works approval. The amended acoustic report must include recommendations to address
      the impact on the residential amenity attributed to use of the loading docks, including the
      noise associated with vehicles and trucks accessing and using the loading docks. The
      recommendations of the acoustic report must be implemented prior to the commencement
      of the approved uses.
Odour
13.   The operator must maintain an Odour Complaint Management Plan, with the plan including
      the internal management of any complaints from hotel guests. The Odour Management Plan
      must be submitted to Council prior to the issue of an Operational Works approval. Built Form
      and Development Appearance
14.   The maximum height of the development must be in accordance with the approved plans.
15.   Certification must be submitted to Council from a Licensed Surveyor which certifies that the
      buildings do not exceed the maximum height requirement of this Decision Notice.
16.   All air conditioning units or other mechanical equipment must be fully enclosed or screened
      such that they are not visible from the street frontages nor adjoining properties.
17.   All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
      such as shutters, louvres, glass panelling or the like.
18.   The development must incorporate the colour scheme and proposed mix of building
      materials as outlined in the approved plans.
19.   Any security screens on the premises consist of grille or translucent screens and not solid
      shutters, screens or roller-doors.
20.   All mechanical equipment and other service infrastructure located on the site must be:
      a.    located not less than 2 metres from a property boundary;
      b.    fully enclosed or screened such that they are not visible from the street frontages nor
            adjoining properties. Where screened by landscaping, landscaping beds must be at
            least 1.5 metres wide.
21.   No part of the site may be used for outdoor storage of materials.
Performance Bond
22.   Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must
      be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
      start meeting. 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. Council reserves the right to call upon the bond or guaranteed
      sum to effect compliance with conditions.
Tennis Court Fencing
23.   Tennis court fencing must be comprised of black powder coated posts and rails with black
      PVC coated chain wire mesh, or the like.
Tennis Court Light Spillage and Glare
24.   Lighting must be directed onto the site and away from neighbouring properties.
25.   The level of light emanating outside the property must not exceed an illumination level of 12
      lux nor an average of 10 lux when measured 3 metres outside the property boundary.

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26.   The light fittings must be baffled to ensure that a light source is not directly visible from the
      habitable room window of an adjoining property.
27.   All light readings are to be taken in a horizontal plane at a height of 1000mm above ground
      level.
Tennis Court Operating Hours
28.   Tennis courts must not be illuminated after 10.00p.m. nor before 7.30 a.m.
Structural Stability
29.   All lighting support columns must be manufactured from galvanised steel.
30.   The pole height shall not exceed 8 metres.
31.   The pole and associated concrete footing design must be engineer certified to support the
      light fitting and to withstand wind loads appropriate to the terrain classification.
Tennis Ball Machines
32.   Machines which operate on the air compression principle must not be used after 7.00 p.m.
      nor before 8.00 a.m.
33.   Silent running machines which operate at a noise level not exceeding 10 decibels (when
      measured at the property boundary) must not be used after 10.00 p.m. nor before 7.30 a.m.
Public Safety
34.   During operating hours, all parking areas, pedestrian areas and entrances/exits to all
      stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
      intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
      Lighting must be designed to reduce the contrast between shadows and well lit areas. In
      particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
      parking and bin storage area.
35.   After hours access to loading docks, storage areas and the basement carpark (including the
      vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
      other suitably appropriate means. The basement carpark must be kept closed and locked at
      all times while the use is not operating.
Community Management Statement
36.   Any proposed Community Management Statement required for the development pursuant to
      the Body Corporate and Community Management Act 1997 must be submitted to Council for
      endorsement at the same time as submission of the Building Format Plan (or similar) to
      Council for compliance assessment.
37.   All clauses and by-laws of the proposed Community Management Statement must accord
      with the requirements of this Decision Notice.
Water & Sewer Connections
38.   An underground connection to reticulated water and sewerage must be provided to the
      development site in accordance with the standards and requirements of Northern SEQ
      Distributor–Retailer Authority (Unitywater).
39.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
      must be submitted to Council that certifies an underground connection to reticulated water
      and sewerage has been provided to the development site.
ENGINEERING/TRAFFIC
Site Access and Driveways
40.   A sealed access driveway must be provided from the internal service road to all parking and
      manoeuvring areas of the development. The works must be undertaken in accordance with
      an Operational Works approval and must include in particular:
      a.    a driveway crossover in accordance with Council’s standard drawing RS-051 and
            respective addendum; and


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      b.   suitable safety measures, including warning signage, to improve driver awareness of
           pedestrians and enhance pedestrian safety. Warning signage must be provided near
           the exit ramp from the underground parking area to warn motorists of pedestrian
           movement along the frontage street.
Car Parking
41.   Car parking must be provided in accordance with the approved plans and as amended by
      the conditions of this approval. The works must be undertaken in accordance with an
      Operational Works approval.
42.   The parking layout is to be in accordance with the requirements of AS/NZS 2890.1- 2004
43.   Provision of vandal resistant public lighting with intensities to satisfy the requirements of
      Australian Standard AS1158: Public Lighting Code.
44.   All car parking areas and access driveways must be maintained exclusively for vehicle
      parking and manoeuvring and kept in a tidy and safe condition at all times.
45.   Directional signage must be provided to direct visitors and customers to the car parking
      spaces provided on site.
Security Access to Carpark
46.   Where access to the carpark is proposed to be restricted by a security gate, provision must
      be made for queuing of vehicles clear of the roadway while waiting for the security gate to
      open.
47.   Where a secure carpark services a commercial use on the site, the security gate must remain
      open at all times while commercial uses on the site are open for business. The requirements
      of this condition must be included in the Community Management Statement for anybody
      corporate for the subject site.
Service Vehicles
48.   Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
      The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
49.   Pedestrian and bicycle facilities must be provided for the development. The works must
      include in particular:
      a.   signage and lighting at strategic locations to direct people to building entries and public
           toilet facilities;
      b.   a total of 53 bicycle parking spaces; and
      c.   end of trip facilities involving 27 lockers, 6 showers and change rooms within the
           development.
Water quality and quantity
50.   The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with an Operational Works approval
      and the Queensland Urban Drainage Manual.
51.   A stormwater quality treatment system must be provided for the development. The works
      must be undertaken in accordance with an Operational Works approval and the Bioretention
      Technical Design Guidelines (Water by Design, 2012), and must include in particular:
      a.   stormwater quality treatment devices of a size and location generally in accordance
           with those shown in Drawing No. C6070/20/P07 prepared by Walsh Consulting
           Engineers dated 26/10/2021, with the exception of the following:
           i.    Bioretention filter area is to be increased in size to the area stated for bioretention
                 surface area on the above referenced plan
      b.   bioretention devices which:
           i.    are designed generally in accordance with IPWEQA Standard Drawing No.s DS-
                 073, DS-075 and DS-076

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           ii.   are provided with a free-draining outlet from the sub-soil drainage system
52.   Permanent educational signage* must be erected to educate the residents of / customers to
      the development about the function of the bioretention device(s). The dimensions, standard,
      presentation and location of the educational signage must be in accordance with an
      Operational Works approval.
53.   All stormwater quality treatment devices must be maintained in accordance with the Water
      by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved
      Operational Works drawings for the stormwater quality treatment system and detailed life
      cycle costing of the system must be attached as an addendum to this document. Records of
      all maintenance activities undertaken must be kept and made available to Council upon
      request.
54.   Operating roof water harvesting tanks must be provided for the development. The tanks must
      be provided in accordance with an Operational Works approval and must include in
      particular:
      a.   a total tank capacity of 135,000 litres
      b.   a catchment of not less than 2,800m2 of the building roof area
      c.   re-use of harvested stormwater for non-potable outdoor uses including irrigation of
           landscaped areas and swimming pool top-up.
55.   Certification must be submitted to Council from a qualified person which certifies that the
      stormwater harvesting tanks and associated reticulation has been installed in accordance
      with the requirements of this Decision Notice.
Acid Sulfate Soils
56.   An Acid Sulfate Soil Management Plan must be prepared and submitted with the Operational
      Works application for the site. The acid sulfate management plan must include testing,
      monitoring and treatment requirements for the works.
Services
57.   Unless otherwise stipulated by telecommunications legislation at the time of construction, the
      development must be provided with all necessary conduits, pits and pipes to accommodate
      the future connection of optic fibre technology telecommunications.
58.   Certification must be submitted to Council from all relevant service providers (Energex, NBN
      and Unitywater which certifies that the development has met the requirements of this
      Decision Notice and all applicable legislation at the time of construction.
Easements
59.   Unless otherwise agreed in writing by the relevant service provider, any public or third party
      infrastructure located on the subject site must be placed within an easement registered
      against the title of the property.
60.   All easements must be designed in accordance with the planning scheme and granted at no
      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
      documentation must be in accordance with the Grantee’s standard easement terms. Draft
      easement documentation must be submitted to Council for endorsement.
61.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
62.   All excavation, fill, soil retaining structures and associated batters must be undertaken in
      accordance with an Operational Works approval and contained entirely within the subject
      site unless written permission from the respective landowner(s) is provided to Council.
63.   All retaining walls must be designed and constructed in accordance with the planning scheme
      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
      safety fence.


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Damage to Services and Assets
64.   Any damage caused to existing services and assets as a result of the development works
      must be repaired at no cost to the asset owner at the following times:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
           or
      b.   where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and assets
      must first be referred to the relevant service authority for approval.
LANDSCAPING
Landscaping Works
65.   The development site must be landscaped in accordance with a Council endorsed landscape
      package prepared by a qualified person*. The works must be undertaken in accordance with
      an Operational Works approval and the Noosa Plan for that specific area and must include
      in particular:
      a.   the works shown on the Approved Landscape Concept Design Package Plans, with
           the exception of:
           i.     extending ‘31. Turf - no plantings with 5 metres of building’ as annotated by
                  Council;
      b.   a Landscaping Plan and Plant Pallet including hard and soft plant percentages, plant
           numbers, planting locations, pot sizes and whether Noosa Native, Australian Native or
           Exotic;
      c.   a Landscape Management Plan including (but not limited to):
           i.     landscape design principles for bushfire hazard areas in Part 5 of Bushfire
                  Resilient Building Guidance for Queensland Homes (QRA 2020);
           ii.    Certification from a qualified* person ensuring the Landscape Management Plan
                  complies with the design principles in the Part 5 of Bushfire Resilient Building
                  Guidance for Queensland Homes (QRA 2020) and the Bushfire Management
                  Plan.
           iii.   Management of branches overhanging building envelopes.
      d.   clear integration of the Bushfire requirements and recommendations identified within
           the approved Bushfire Hazard Assessment Report & Mitigation Plan version 4 dated
           30 April 2022, and as amended by the Further Advice letter from Rob Friend and
           Associates Pty Ltd dates 10 February 2023, including landscaping treatments where
           maximum distances are permitted including:
           i.     a band of vegetation up to 20m wide along Resort Drive is to contain 100% less
                  flammable plant species;
           ii.    the remaining area greater than 20m from Resort Drive can contain no less than
                  50% less flammable plant species in the understory and groundcover; and
           iii.   regular maintenance of groundcover and understorey to reduce flammability
                  within the landscaped area.
      e.   clear integration of the landscaping recommendations, for the purpose of odour
           mitigation, identified in the Katestone report dated December 2020.
      f.   A vegetated buffer of a height that avoids line of sight contact with the Sewage
           Treatment Plant from any place or structure on the development site to Council’s
           satisfaction.
      g.   Both sides of Resort Drive Road Reserve between the intersections of Links Drive and
           Lakeview Rise must be rehabilitated and revegetated in accordance with the
           landscaping recommendations of the approved Bushfire Hazard Assessment and
           Mitigation. The works must be undertaken in accordance with an Operational Works
           approval.

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      h.    Details of water quality treatment device plantings with a minimum of five plant species
            and a plant density of 8 plants per square meter;
      i.    Details of all fencing and gates (including but not limited to height, construction type,
            materials);
      j.    Details of tree protection methods provided by a qualified person* to be engaged to
            protect trees identified within the conditions of this approval in particular vegetation
            located within the mapped Koala Habitat Area to the north of the development site.
      k.    Native trees of a minimum pot size of 100L to replace existing trees to be removed
            from the site, at the rate of 1 replacement tree for every tree removed that has a
            diameter greater than 200mm measured at 1.2 metres from ground surface level.
      l.    Vegetated screening of any electrical transformers, bin storage areas and the like from
            the road frontage.
      m.    Vegetation offsets in accordance with the recommendations Gondwana Ecology letter
            dated 9 February 2023.
66.   All landscape works must be established and maintained in accordance with the approved
      design for the life of the development, and in a manner that ensures healthy, sustained and
      vigorous plant growth. All plant material must be allowed to grow to full form and be
      refurbished when its life expectancy is reached.
67.   Control of all weeds species listed in the following standards and legislation:
      a.    Declared plants under the Land Protection (Biodiversity Act 2014 and subordinate
            Regulation 2016).
      b.    Noosa Local Government Area Pest Management Plan 2015-2019.
      c.    Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and
            Guidelines.
      68.   All entry statements, fences, retaining walls and buffer/screen plantings must be
            located entirely within private land and not within the public road reserve.
Treatment of Temporarily Vacant Land
69.   Where some or all of the land remains vacant or undeveloped for more than 3 months, or
      buildings are demolished and redevelopment is delayed for more than 3 months, the
      following works must to be carried out:
      a.    the site must be cleared of all rubble, debris and demolition materials
      b.    the site must be graded to prevent ponding (to the same level as the adjoining footpath
            wherever practicable), turfed and mown at a minimum 3 weekly intervals
      c.    the site must be landscaped with perimeter planting consisting of advanced specimens
            of fast growing tree species
      d.    the site must be maintained to ensure no nuisance to adjacent premises, roads or
            footpaths
      e.    where fencing is installed to secure boundaries:
            i.     the fencing must be durable and not capable of being pushed or blown over
            ii.    the fencing type must not detract from local amenity (barbed wire is not
                   acceptable)
            iii.   vandalism must be promptly repaired and any graffiti removed.




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Retention of Existing Trees
70.   Existing trees on the development site and in the road reserve must be retained in
      accordance with an Arborist Report (or part thereof) prepared by a qualified person* and
      endorsed through an Operational Works approval. The Arborist Report must include:
      a.    Tree removal/retention plan that includes all native trees and identifies in particular all
            native trees to be removed with a diameter greater than 200mm measured at 1.2m
            from ground surface level.
               *(Refer to Advisory Note)
71.   Vegetation identified as not approved for removal within ‘Attachment E - Tree Removal Plan’
      within the approved Terrestrial Ecological Assessment report, and as amended by the letter,
      attached plans and tree survey prepared by Gondwana Ecology dated 9 February 2023,
      must be protected.
72.   The trees identified for retention in the conditions of this approval must be maintained in good
      health for the life of the tree.
Vegetation Removal
73.   ‘Attachment E - Tree Removal Plan’ within the approved Terrestrial Ecological Assessment
      report and as amended by the letter, attached plans and tree survey prepared by Gondwana
      Ecology dated 9 February 2023 identifies the vegetation approved for removal.
74.   Any removal of vegetation must be in accordance with the conditions of this approval. Land
      Rehabilitation
75.   The land area containing retained vegetation is required to be rehabilitated with local native
      species suitable for the area and the species selection consistent with the naturally occurring
      species in the area whilst maintaining compliance with bushfire conditions within this
      approval. The works must be undertaken in accordance with an Operational Works approval.
76.   A Vegetation Management and Rehabilitation Plan is to be prepared by a qualified person*
      and submitted for approval as part of the operational works application. This plan must
      include (but not limited to):
      a.    Existing remnant vegetation protection;
      b.    Vegetation rehabilitation;
      c.    Weed management; and
      d.    Performance outcomes and how and when they are to be achieved.
77.   A “no clearing zone” must be established and maintained over the area identified as ‘1 –
      Existing Remnant Vegetation to be retained with weed management implementation’ within
      the Landscape Concept Design Package plan LCP5 listed within this Decision Notice. With
      the exception of the trees approved to be removed in the conditions of this approval. The
      following activities must not be carried out within the no clearing zone:
      a.    clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
            indigenous to, or planted within, the zone
      b.    soil/spoil dumping and/or compacting
      c.    soil excavation, other than for planting indigenous native plants.
      The following exceptions apply:
      a.    declared plants under the Land Protection (Pest and Stock Route Management) Act
            2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
            Weeds, Exotic Grasses and other plants identified in writing by Council
      b.    indigenous native trees which pose a well-founded threat to persons or property as
            approved in writing by Council
      c.    controlled bushfire burns to maintain ecological processes subject to submission of a
            Bushfire Management Plan and agreed in writing by Council.



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Fauna Management
78.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
      Works approval. *(Refer to Advisory Note)
79.   Permanent artificial nesting boxes must be installed within the Koala Habitat (Core) to provide
      compensatory habitat for arboreal mammals and hollow dependent avian species. The works
      must be undertaken in accordance with an Operational Works approval.
Bushfire Management
80.   The development must be carried out in accordance with the approved Bushfire Hazard
      Assessment Report & Mitigation Plan version 4 dated 30 April 2022, and as amended by the
      Further Advice letter from Rob Friend and Associates Pty Ltd dated 10 February 2023, listed
      within this Decision Notice, with the exception of the following:
      a.    Establishment of an additional evacuation point offsite within the golf course that is
            separated from buildings and is located outside of identified bushfire hazard prone
            areas or potential impact buffer.
            The report must be resubmitted to Council incorporating the above amendments prior
            to the issue of any Development Permit for Operational Works. *
            *(Refer to Advisory Note)
81.   Certification must be submitted to Council from a qualified person* which certifies that the
      development has been constructed in accordance with the bushfire management conditions
      of this Decision Notice. *(Refer to Advisory Note)
82.   Certification must be submitted to Council from a qualified Person which certifies that the
      development is sufficiently serviced by reticulated water with hydrant standpipes, in ground
      hydrants and water pressure to meet firefighting needs in an emergency.
83.   A copy of the Bushfire Hazard Assessment Report & Mitigation Plan and evacuation
      procedure listed within this Decision Notice must be provided to the nearest fire authority.
      *(Refer to Advisory Note)
WASTE DISPOSAL
84.   Prior to the issue of any Operational Works approvals for this development an Operational
      Waste Management Plan must be submitted to Council. The Waste Management Plan must
      be in accordance with the Waste management Code and Planning Scheme Policy 9 - Waste
      Management.
85.   The developer must provide waste storage and disposal facilities in accordance with
      Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
      area, within the site, correctly sized for all refuse and recycling containers and suitably
      screened from public places and neighbouring properties. A bin wash area is required with a
      cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet
      must be designed to prevent storm water entry to the sewerage system.
86.   Refuse containers must be provided in accordance with the requirements of the
      Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
      Regulation 2000, for the storage and collection of refuse.
87.   Storage, disposal and management of solid, liquid and vegetative waste is conducted in a
      safe and ecologically sustainable manner without environmental nuisance. In this regard,
      vegetated waste must be disposed of via a green waste bin or at a local transfer station.




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