132002.220611.5 - Change to an Existing Approval

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	132002.220611.5
Your Reference:	00475
11 July 2016

CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 7 July 2016, Council decided your requested changes.

Details of the decision are as follows:

application details
Application No:	132002.220611.5 (23120 DA)
Street Address:	14 Serenity Cl NOOSA HEADS  QLD  4567
Real Property Description:	Lot 8 SP 195871 (formerly Lot 4 SP 100064)
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 9 June 2005 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Multiple dwellings (23 units)

In relation to representations Council on 24 August 2005 decided to:
Agree to delete condition 14.
Agree to amend conditions 26 and 60.7.
Agree to include additional Condition 69.

In relation to the request to make a change to the existing approval and extend the relevant period, Council on 10 June 2010 decided to:
A.	Amend the approval type (approved use) to read:
Material Change of Use - Multiple Dwelling (21 Units)
B.	Change Conditions 1, 6, 11, 17, 18, 21, 22, 23, 24, 25, 26 & 50 and Advisory Note 1.
C.	Include additional Condition 70 and Advisory Notes 7 & 8.
D.	Agree to extend the relevant period until 4 November 2011.
In relation to a request to make a change to the existing approval, Council on 21 December 2011 decided to:
A.	Amend the approval type (approved use) to read:
Material Change of Use - Multiple Dwelling (22 Units)
B.	Approve a change to Conditions 1, 11, 23, 24 & 26 and Advisory Notes 1 & 8.
C.	Delete Conditions 43, 44 & 45
D.	Include additional Conditions 71-79 and Advisory Notes 9-11.

In relation to the request to extend the relevant period of the existing approval, Council on 30 April 2014 decided to:
Approve a change to Item 3 and Condition 11 extending the relevant period for 2 years to 4 November 2017.
In relation to the request to extend the relevant period of the existing approval, Council on 4 November 2019 decided to:
Approve a change to Condition 11 extending the relevant period 4 November 2019.
Amend Advisory Notes 7 and 8 and include an Additional Infrastructure Charges Advisory Note 12.
relevant period of approval
The relevant period for this development approval finishes on 4 November 2017.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use

Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table and as may be amended by these conditions.
Plan No.	Rev.	Plan / Document Name	Drawn By	Date
2937/DA/03	1	Site Plan Level 1	Blackburne Jackson Design	28/10/11
2937/DA/04	1	Site Plan Level 2	Blackburne Jackson Design	28/10/11
2937/DA/20	1	Lot 8 – Basement Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/21	1	Lot 8 – Level 1 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/22	1	Lot 8 – Level 2 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/23	1	Lot 8 – Level 3 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/24	1	Lot 8 – Level 4 Floor Plan	Blackburne Jackson Design	28/10/11
2937/DA/25	1	Lot 8 – Roof Plan	Blackburne Jackson Design	28/10/11
2937/DA/26	1	Lot 8 – Southwest & Northwest Elevation	Blackburne Jackson Design	28/10/11
2937/DA/27	1	Lot 8 – Northeast & Southeast Elevation	Blackburne Jackson Design	28/10/11
2937/DA/28	1	Lot 8 – Section C	Blackburne Jackson Design	28/10/11
2937/DA/29	1	Lot 8 – Recreation Area	Blackburne Jackson Design	28/10/11
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas within the area of the site able to be developed excluding the area of the site included in the Retained & Enhanced Vegetation, are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter and shall include:
retention of existing trees within the side and front setback areas, except where their removal would be necessary as a result of approved building or operational works;
retention of existing trees between the building and the area of the site identified as Open Space Conservation & Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential High Density (RHD) and dated 30 June 2004, except where their removal would be necessary as a result of approved building or operational works or the requirements of the Bushfire Management Plan; and
incorporation of koala and glossy black cockatoo food trees.
Any fencing provided in conjunction with the development is to be setback at least 1 metre from the road frontage with at least half of any fence setback 2 metres.  Dense landscaping is to be provided between the road frontage and any fencing.
The rooftop terraces shall not be covered, with any fixed structure or the like.
The building height shall not exceed the Reduced Levels indicated on the approved plans.  Prior to the release of the performance bond a verification certificate shall be submitted by a Licensed Surveyor confirming that the building does not exceed these levels.
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 Bushfire Management Plan & the Ecological Restoration Plan or the conduct of the approved use.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use lapses if the use has not happened by 4 November 2019, unless an application to extend the relevant period is approved by Council.
The use shall not commence until the Survey Plan for the lot reconfiguration (23118 DA) has been sealed by Council.
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.
Deleted.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with AAAA Water Conservation Rating System.  All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.  Dishwashers, baths, spa baths and washing machines are excluded from this requirement.
Land Development

All relevant conditions of Development Permit 23118 DA shall be complied with prior to the use approved under this permit (23120 DA) commencing.
Vehicle Access
A 5.5 metre wide concrete crossover driveway shall be constructed from Serenity Close generally in accordance with Council’s Standard Drawing R-0051.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with Council’s Standards or AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
All vehicles shall enter and leave the site in a forward direction.
Full engineering details of the proposed driveway and carparking area shall be submitted for approval prior to obtaining a Development Permit for Operational Works.
Internal Driveways
The development shall have an internal driveway that complies with the width requirements as set out in AS/NZS 2890.1-2004.
Service Bay
One of the carparking spaces towards the frontage of the development shall be used as a shared service bay for small delivery/maintenance vehicles.  This space shall be clearly line-marked and sign posted for use by Service Vehicles between the hours of 6am to 6pm.  Outside of the specified hours the space could be used as a standard visitor space.
Carparking
Carparking shall be provided within the site as generally shown on drawing number 2937/DA/20 dated 28 October 2011 by Blackburne Jackson Design, except as modified herein.
A minimum of 53 carpark spaces shall be provided on site, comprising:
Fifty one (51) covered carpark spaces (within the basement), consisting of 27 resident spaces and 24 visitor spaces (including 1 disabled space).
Two (2) uncovered carpark spaces (towards the frontage of the development).
All carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-2004 and AS/NZS 2890.6:2009 with a minimum head clearance (headroom) at any point of 2.2m on the vehicle paths and 2.5m within disabled spaces and adjacent shared areas.
All carpark spaces shall be clearly defined by line marking each space and by providing appropriate signage defining the space usage purpose as indicated on plan number 2937/DA/20 dated 28 October 2011 by Blackburne Jackson Design. To this extent:
26.1	One (1) of the single carpark spaces within the basement must be line-marked and signed specifically as a disabled carparking space,
26.2	The tandem carpark spaces within the basement must be line-marked and signed so that visitors can only park behind the car parking space assigned to the resident that they are visiting,
26.3	One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically as a disabled carparking space,
26.4	One (1) of the uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically for “Service Vehicles” between the hours of 6am to 6pm,
26.5	The uncovered carpark spaces (towards the frontage of the development) must be line-marked and signed specifically for “Visitor Parking Only”,
26.6	All carparking spaces as defined shall remain as parking spaces and are not to be converted to storage or enclosed.
The requirements of this condition are to be included in the Community Management Statement for the development.
Access to the visitor car parking in the basement shall be controlled via an intercom system, which ensures that these spaces are available to visitors.
A small sign shall be installed within the site (in a clearly visible location for all vehicles to see near the entry gates) to advise visitors that visitor car parking spaces are provided within the basement carpark and to use the intercom system to contact the manager or the unit they are visiting to enable entry to the basement and to these spaces.
Vegetation Protection
All trees to be retained shall be clearly defined on all drawings and clearly marked on site to prevent any damage occurring to these trees.
Any works required within the drip zone of any trees to be retained shall be carried out by hand, not by machinery.
The internal driveway (or any other form of hard pavement for that matter) within the drip zone of any trees on site to be retained shall be designed to allow the flow of water through the pavement or be designed to direct stormwater runoff to the trees root system.  To this extent the uncovered visitor spaces towards the frontage of the development may be able to incorporate Grass Rings or a similar device that allows water penetration.
All pavements shall be constructed so as not to damage the root system of any trees to be retained and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of pavements proposed, how they comply with the above conditions and also illustrating any temporary fencing to protect the trees prior to obtaining a Development Permit for Operational Works.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Serenity Close frontage of the site (if not already provided) in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new 1.5 metre wide concrete path shall be constructed along the Serenity Close frontage of the site (if not already provided) in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Stormwater Drainage
A stormwater management plan shall be prepared by a RPEQ, specialising in stormwater and water quality management incorporating the principles of the Environmental Management Plan for the Settlers Cove Development 23118 DA, that demonstrates 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.  These plans shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
On site swale drains will be required to capture and direct any overland stormwater runoff to the Infiltration Pits proposed on site.  These swales shall be sized to carry a 3-month storm event and plans detailing their capacity, location, length, width and grades shall be submitted to Council for approval.
To ensure polluted run-off does not enter any of the proposed Infiltration Pits, and ultimately the water table, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor (or similar device) provided on site prior to discharging into the infiltration pits.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
All other clean stormwater, such as roof water, can be collected on site and discharged directly into the infiltration pits, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Plans of the entire on site drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Sewer Mains
Deleted.
Town Water Supply
Deleted.
Deleted.
Service Easements
All existing and proposed easements within the site shall be shown on the plans submitted for Operational Works / Building Works approval.
Registered easements shall be created over any Council service within the subject site in accordance with Council’s requirements (if not already created) and at no cost to Council.
The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Earthworks
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.
All major excavations (including the basement and driveways) shall be shored to prevent batters extending into areas and vegetation that are to be retained.  All trees to be retained should be adequately tagged to Council’s satisfaction and enclosed with a barrier fence to the drip line to prevent damage.
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.
Earthworks shall not cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses or overland flow path.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site, controlled disposal of waste, catch drains, and temporary infiltration or sump pump-outs 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.  The applicant is advised that a simple silt fence by itself is unlikely to meet the objectives of best practice for Erosion & Sediment Control.
Construction Issues
A Construction Management Plan addressing all construction phases, including traffic management, shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
The report should aim to address every foreseeable problem that could occur during the construction process and include recommendations on how these can be overcome or minimised. The report shall be to the reasonable satisfaction of the Manager Land Development.
Community Management Statement Requirements
The Applicant 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.
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.
General
A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.

Building Services

The following shall be complied with the development of the site:
There is to be no uncontrolled discharge of water onto the slope;
Stripping of vegetation for construction purposes should be minimised.  If vegetation is destroyed it should be reinstated immediately after construction is completed;
Additional load due to fill, construction equipment or stockpiled materials should not be located on the dune slope;
Vibration monitoring shall be carried out by the geotechnical engineer and appropriate action taken should vibration effects be a concern;
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.  A copy of this report is to be submitted to Council within 5 business days of survey and prior to construction work proceeding;
A RPEQ is to be engaged by the client to oversee the piling works;
The construction of the whole of the foundations is to be carried out in accordance with the recommendations of the applicant’s consulting Geotechnical engineer, including any on-site supervision required by these recommendations.  Such works shall only be carried out during dry weather conditions and if there is a risk of sand movement occurring, all work shall be suspended until such steps, approved by the applicant’s consulting Geotechnical engineer have been undertaken to ensure that no further slippage will result.
Construction Management Plans are required to be forwarded to Council at the time of Operational Works Applications.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme.

Environmental Health

The developer shall comply with the Refuse Management Plan Reference Ryter Planning RCU 1005.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
Street litter bins to a design approved by Council, shall be supplied and installed at the developers expense at agreed locations.
Refuse chutes must be provided, in accordance with Council’s Policy for Refuse Chutes and Accessories in Multi Storey Buildings.
66	Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
67.	Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment -
67.1	before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following -
67.1.1	40 dB(A)
67.1.2	3 dB(A) above the background noise level
67.2	from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following -
67.2.1	50 dB(A)
67.2.2	5 dB(A) above the background noise level
67.3	from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level.
68.	The area is in close proximity to vector breeding areas and the following conditions are required.
68.1	All windows and doors shall be screened with mosquito-proof gauze not coarser then 1mm aperture to prevent the ingress of mosquitoes.  It should be noted that these screens will not necessarily restrict the ingress of Biting Midge due to their reduced size.
68.2	The developer is to undertake a public education/awareness program for all persons visiting the premises on the potential health risk of and ways to prevent being bitten by Mosquitoes and Biting Midge.
68.3	A notation shall be added to Council’s records whereby any applicant undertaking a health/property search is advised that this premises is located near major breeding areas of Mosquitoes and Biting Midge and may be subject to associated problems.

Additional Condition (24/08/2005)
69.	To meet the needs of people across a range of abilities and ages and be adaptable for the changing needs of people over time, at least 3 dwelling units shall include the following:
All doors to habitable rooms, kitchen, laundry and bathrooms are a minimum of 870mm wide; and
Hallways are a minimum of 1.2m wide; and
All entries into the dwelling unit and internal doorways, have no more than a 10mm change in level, other than access to balconies where building code sill weatherseal is to be maintained.  A ramp can be retrofitted to provide access in accordance with Australian Standards 1428.1 – 1993 Design for Access and Mobility Chapter 7 Doorways, Doors and Circulation Space at Doorways – Ramped Threshold; and
Has an accessible toilet and bathroom, complete with reinforced walls, that can be reached along an accessible path; and
A sliding door or window, no higher than 600mm from the floor is provided in at least 1 bedroom to allow for a seated person to look out of and open and close the sliding door or window; and
A minimum of one power point to each habitable room is placed up from the floor (minimum 600mm) and out from the corner (minimum 500mm) to facilitate disabled access.

Additional Condition (10/06/2010) - Access & Services Easement
70.	An access and services easement shall be created over the proposed shared driveway that gives access to the basement carparking of Lot 7 on SP195871 through Lot 8 on SP195871 and over any services that supply Lot 7 on SP 195871 but stand within Lot 8 on SP195871.  The easement shall be of sufficient width to encompass the whole of the driveway and any manoeuvring area (with the width being increased where necessary to accommodate passing lanes or to provide the specified clearances from cut/fill batters) and shall be of sufficient width to permit maintenance and replacement of the services. The easement shall be to the benefit Lot 7 on SP195871 and burden Lot 8 on SP195871.
In this regard, plans submitted for Operational Works approval shall accurately show the location of the easement.
In addition, the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Should the subject site (Lot 8 on SP195871) be amalgamated with the adjoining site (Lot 7 on SP195871) the requirement for the access and services easement shall not apply.

Additional Conditions (21/12/2011) (71-79)
71.	Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
72.	The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
73.	A single Unitywater 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 approved by Unitywater, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
74.	The existing Unitywater sewerage infrastructure within Lot 8 must be removed and a manhole and new sewer connection constructed inside the southern boundary of Lot 8.
75.	A 3.0 metre wide easement must be provided over Unitywater sewerage infrastructure located within private property. Easements must be located centrally over the main.
76.	Buildings and other structures must maintain a minimum clearance of 1.0 metre from sewer manhole chambers and the sewerage inspection opening.
77.	Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
78.	Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and be suitable Unitywater approved varieties.
79.	Construction works undertaken in the vicinity of Unitywater 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.

referral agency conditions
Not Applicable
APPROVED PLANS
Refer to table in Condition 1
PLANS/DOCUMENTS REQUIRING AMENDMENT
Not Applicable

advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is informed that this Change to Existing Approval will trigger an amended Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $44,415.00 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2011 until the date of payment.  An amended Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
2.	The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
3.	We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia
4.	In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
5.	Payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
6.	Building classification is dependant upon usage and as the uses are not for permanent residential but as tourist lettings which will equate to Class 3 residential buildings.  Therefore a mixed classification of Class 2 and Class 3 will be applicable to the residential buildings and there will need to be a subsequent range of accessible units to those Class 3 parts.  The applicant is advised to consider their responsibilities under the Disabled Discrimination Act in regard to the installation of disabled access and the provision of disabled facilities and that access to this building and the provision of sanitary facilities will need to comply with requirements of Section D, Part D3 and Section F, Clause F2.4 of the Building Code of Australia for Class 3 units.
Additional Advisory Notes (10 June 2010) – Amended 7/7/16
7.	Please contact Council on email: [email protected] a minimum of 5 business days prior to making payment of the infrastructure contributions and charges to obtain the current indexed amounts applicable at the time of making payment.
8.	The applicant is advised that development contributions and infrastructure charges applicable to this Change to Existing Approval have been based on the following Use Classes / Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	Vacant Land (1 Lot)	Multiple Housing - Type 4 – Conventional	22 x 3 Bedroom Units
Special Note:	The following credits apply to this development for previous contributions under earlier approvals: Water Supply & Sewerage Networks = 100% (Headworks contributions paid under Rezoning Deed R66 and detailed in planning reports 23118 DA dated 14/11/2003 and 23120 DA dated 27/05/05); Pathways network = 100% (Offset for construction of “trunk” pathway under 23118 DA; Road network = 1 detached house lot created under 23118 DA; Parks network = 1 detached house lot created under 23118 DA; Public Transport network = 100% (Contribution payable under the Infrastructure Deed dated 11 March 2014 (Council Ref IA 25); Stormwater network = 100% (Contribution payable under the Infrastructure Deed dated 11 March 2014 (Council Ref IA 25).

Additional Advisory Notes (21 December 2011)
9.	Connection to Unitywater live water mains and the live sewer system must be undertaken by Unitywater at the applicants cost.
10.	A 150mm diameter watermain is located within the road boundary fronting the development site in Serenity Close. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
11.	A trade waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywaters sewerage system.
Additional Advisory Note (dated 7/7/16)
12.	This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). This Infrastructure Charge relates to the Public Parks & Land for Community Facilities network that was previously incorrectly credited for the transfer of Public Esplanade & Conservation Land donated without consideration under the "Deed in Respect of Conservation Land and Public Esplanade dated 16th August 2004" and "Deed of Novation dated 19th October 2005".
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  Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, Car parking, Access, Frontage works, Stormwater disposal, Sediment & erosion controls, Sewer & water reticulation if not already installed, Site earthworks, Excavation of materials to fill another site, Site civil works
self assessable codes
Not Applicable
submissions
There were 19 properly made submissions about the original application.
reasons / grounds for appoval
Not Applicable
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

Yours faithfully

Denis Wallace
Coordinator - Planning

Encl. 	Infrastructure Charges Notice
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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