MCU23/0090 Application For Material Change Of Use – Hotel (Extension To Existing Hotel) And DBW23/0073 - Building Work (Demolition) At 118 Poinciana Ave & 26 Diyan St, Tewantin · Attachment 1 – (MCU23/0090 & DBW23/0073) - Proposed Conditions

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GENERAL COMMITTEE MEETING REPORT                                                   17 MARCH 2025


      Nature and Extent of Approved Use
4.    The approved outdoor dining areas are restricted to the northern and south beer gardens
      indicated on the proposal plans. The area on the south-eastern corner of the site is not
      approved for outdoor dining.
      Land Amalgamation
5.    All properties the subject of the development must be amalgamated, or alternatively retained
      within reciprocal access easements.
      Performance Bond
6.    Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must
      be submitted to Council, 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. Council reserves the
      right to call upon the bond or guaranteed sum to effect compliance with conditions.
      Building Appearance
7.    External design features, materials and finishes must be as shown on the Approved Plans,
      and as amended by these conditions, with no inclusions or alterations made without approval
      in writing by Council.
8.    All deck and balcony areas of the building must not be enclosed with shutters, louvres, glass
      panelling or the like thus remaining as open structures.
9.    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.
10.   Waste storage areas, clothes drying areas and external storage areas must be screened
      from view of the street.
      Fencing and Walls
11.   Any street fencing between the carparking area on Lot 3 RP40197 to the street frontages
      must not exceed 1.2 metres in height and be set back 2 metres. The area of land between
      the fence and the front property boundary must be densely landscaped to screen the
      carparking area from the street.
12.   The northern and southern beer gardens are to remain open dining areas and are not to be
      enclosed by glass or plastic awnings. Any fencing (including acoustic) to the beer gardens
      along the Diyan Street frontage are to be of an open/transparent construction.
13.   The northern rendered wall facing Diyan Street is to include additional articulation and
      amenity treatments to break the bulk of the wall to the street such as:
          i.      Timber look battens/ panels/screen.
          ii.     Expressed grooves/patterns.
         iii.     Landscape screening/vines/ green walls.
      Heritage
14.   The original timber reception counter in the central lobby area is to be retained as noted in
      the Heritage Report Information Request Response, provided by Urbis dated April 2024.
15.   The Decorative historic plaster ceilings are to be retained to the extent indicated in the
      Heritage Report Information Request Response provided by Urbis dated April 2024.
16.   A historic colour scheme analysis and proposed colour scheme must be submitted to
      Council’s Development Assessment Manager for endorsement prior to issue of a building
      approval.

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17.   The handrails on the upper level of the building facing Poinciana Avenue are to be of a
      horizontal detail adapted to meet current standards, prior to the use commencing.
18.   The existing vertical metal pool fencing along the Poinciana Avenue and Diyan Street
      frontages are to be removed and replaced with a glazed wall detail or alternatively fencing
      sympathetic to the original building including horizontal banding, rails and low walls typical
      of the functional art deco style. Details of the fencing are to be submitted to Council’s
      Development Assessment Manager for endorsement prior to the issue of Building Approval.
      Hours of Operation – Servicing
19.   Loading, unloading and delivery activities associated with the operation of the use must only
      occur between the hours of 7:00am and 6:00pm.
20.   Waste collection activities associated with the operation of the use must only occur between
      the hours of 7:00am and 6:00pm.
      Hours of Operation – Beer Garden Areas
21.   Use of the new northern and the southern beer garden areas is limited to between the hours
      of:
        i.    10:00am and 10.00pm Sunday to Thursday
        ii.   10:00am to 12:00am (midnight) Friday and Saturday
22.   Acoustic live music must not operate in the Northern and the Southern Beer Garden:
         i.   After 9:00pm and before 10:00am Sunday to Thursday.
        ii.   After 10 pm and before 10:00am Friday and Saturday.
      Acoustic Barriers
23.   Before the use commences acoustic barriers of height 1.2 metres to 2.8 metres must be
      designed, constructed and maintained around the perimeter of the northern beer garden area
      as detailed in Figure 11 of the approved noise report. The barriers are to be constructed to
      have a minimum surface mass density of 12.5 kg/m2, be free from holes and gap.
24.   The acoustic barriers are to be constructed to be vandal and graffiti proof.
25.   The door in the northern acoustic barrier provided for emergency access/egress is to be
      constructed to achieve a minimum surface mass density of 12.5 kg/m2 and installed with
      suitable perimeter seals to maintain the noise reduction required of the northern acoustic
      barrier. The door is to remain closed other than for emergency use and is to be signed.
      Amplified Sound
26.   Provision of amplified sound to the northern beer garden is to be provided by a distributed
      speaker system via deck level speakers and operated through an electronic noise limiting
      system such that the maximum operating noise level is 70 dB(A) LAeq,adj,T at 3 metres. The
      noise limiting system is to be locked and only able to be accessed by hotel manager or audio
      visual contractors for adjustment. All amplified music in the northern beer garden is to be
      provided through the noise limiting system.
27.   Amplified live music must cease to operate in the northern or southern beer gardens by 7pm
      seven days per week. Amplified live music is to be provided through the noise limiting system.
28.   Provision of acoustic live music to the northern beer garden shall be operated such that it
      does not exceed an operating noise level of 70 dB(A) LAeq,adj,T at 3 metres.
      Amenity
29.   A complaints management procedure for the site must be prepared and submitted to Council
      prior to the commencement of use. The complaints management procedure must include
      the following:

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GENERAL COMMITTEE MEETING REPORT                                                 17 MARCH 2025


      a.   a contact person with whom complaints can be lodged
      b.   a clearly defined procedure for responding to, investigating and resolving complaints,
           and
      c.   a notification protocol to all complainants of the outcome of complaint investigations.
      A record of all complaints and investigation results including corrective actions must be
      maintained and made available for inspection at any time upon request by Council.
      Landscaping Works
30.   The development site must be landscaped. 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 referenced documents
      b.   Landscaping (Mix 4) adjacent the Diyan Street frontage must include trees, shrubs and
           groundcovers selected from the Planning Scheme Policy 2 – Landscape. The works
           must include at a minimum, trees at 5 metre centres, Shrubs at 3 metres centres,
           grasses and ground covers / grasses at 1 metre centres.
      c.   Detailed landscape plans of the Poinciana Avenue Frontage, including Key corner as
           identified in the Tewantin Local Plan Code. Landscaping is to include trees, shrubs and
           ground covers selected from the Planning Scheme Policy 2 – Landscape. The design
           must include the provision of 1 feature tree min 400L within the southeastern corner of
           the property (key corner).
      d.   Areas of existing landscape identified to be retained and revitalised must incorporate
           trees shrubs, groundcovers and grasses selected from the Planning Scheme Policy 2
           – Landscape.
      e.   Landscape areas along the western boundary adjacent the Woolworths building must
           be screened with trees and large shrubs to provide shade for carparks and soften the
           built form when viewed from Blakesley Street.
      f.   Landscaping provided between all fences (including acoustic) and the street frontage.
      g.   Vegetated screening of any electrical transformers, bin storage areas and the like from
           the road frontage.
      h.   Provision of 1 street tree for every 8 metres of road frontage/street within the Diyan
           and Blakesley Street.
      i.   Relocation of 50% of the bicycle parking spaces from the Diyan Street frontage to other
           areas of the site.
31.   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.
      Treatment of Temporarily Vacant Land
32.   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 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

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GENERAL COMMITTEE MEETING REPORT                                                     17 MARCH 2025


      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.
      Retention of Existing Trees
33.   The existing trees within the road reserve, car park, and identified for retention on the
      referenced plans must be retained in accordance with an Arborist Report (or part thereof)
      prepared by a qualified person* and endorsed through an Operational Works approval
      *(Refer to Advisory Note)
      Public Safety
34.   During operating hours, all parking areas, pedestrian areas and entrances/exits to all 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.
35.   Closed- circuit television equipment must be installed within the property along all frontages
      of the site to provide observation of the public realm. The footage of the cameras is to be
      made available to the police on request.
      ENGINEERING/ TRAFFIC
      External Works – Blakesley Street
36.   Blakesley Street must be upgraded for the length of its frontage to the subject site. The
      works must be undertaken in accordance with an Operational Works approval, be generally
      in accordance with Red’s Proposed Site Plan (TP06, Rev. 17) dated 17 February 2025 and
      must include in particular:
      a.    construction of a pedestrian footpath in accordance with the conditions of this Decision
            Notice.
      b.    all footpaths to be constructed with a pebblecrete finish to match existing footpath
            surface treatments adjacent to Poinciana Avenue.
      c.    removal of the existing property access to Lot 3 on RP40197 and reinstatement of the
            kerb, footpath and verge area to match the balance of the site frontage, including the
            provision of topsoil and turf where the existing verge is grassed; and
      d.    a 6m by 3m chord truncation of the existing property boundary between Blakesley and
            Diyan Street – the severed land is to be dedicated to Council as road reserve.
            This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
            infrastructure.
            (*) Refer to Advisory Note
      External Works – Diyan Street
37.   Diyan Street must be upgraded for the length of its frontage to the subject site. The works
      must be undertaken in accordance with an Operational Works approval, be generally in
      accordance with Red’s Proposed Site Plan (TP06, Rev. 17) dated 17 February 2025 and
      must include in particular:
      a.    construction of a pedestrian footpath in accordance with the conditions of this Decision
            Notice.

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GENERAL COMMITTEE MEETING REPORT                                                17 MARCH 2025


      b.   all footpaths to be constructed with a pebblecrete finish to match existing footpath
           surface treatments adjacent to Poinciana Avenue.
      c.   removal of the existing property accesses to Lot 1 on RP845244 and reinstatement of
           the kerb, footpath and verge area to match the balance of the site frontage, including
           the provision of topsoil and turf where the existing verge is grassed.
      d.   a 6m by 3m chord truncation of the existing property boundary between Blakesley and
           Diyan Street – the severed land is to be dedicated to Council as road reserve;
      e.   re-line marking of the existing on-street parking bays, including bus zones, along the
           western side of Diyan Street – the new line marking must include:
             a.     the retention of the southern-most existing “bus zone”.
             b.     the removal of the northern-most existing “bus zone”.
             c.     on-street carparking to match the balance of the existing on-street carparking
                    on the western side of Diyan Street – line marking for on-street carparks must
                    comply with AS2890.1.
             d.     the removal of the existing “no-standing” line marking to accommodate
                    additional on-street parking in a manner that does not disadvantage the
                    southern-most existing “bus zone”; and
      f.   a revised kerb alignment to allow for a future safe pedestrian crossing to the eastern
           side of Diyan Street


      This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
           (*) Refer to Advisory Note
38.   The footpath adjacent to Diyan Street to be removed and reconstructed with a pebblecrete
      finish to match the existing footpath surface treatment adjacent to Poinciana Avenue.
      Site Access and Driveways
39.   An assessment of the two existing access driveways on Blakesley Street servicing Lot 1 on
      RP845244 must be undertaken in accordance with an Operational Works approval. The
      assessment must investigate the existing condition of the access driveways and demonstrate
      what works, if any, are required to achieve compliance with Council’s standard drawing RS-
      051. The assessment and any proposed works must be prepared by a suitably qualified
      person (RPEQ).
      Car Parking
40.   A minimum of 116 sealed car parking spaces and 4 motorcycle spaces must be provided
      and line-marked on the site and always made available and accessible while the use is open
      for business. No boom gates are permitted to be installed.
      The works must be undertaken in accordance with an Operational Works approval, be
      generally in accordance with Red’s Proposed Site Plan (TP06, Rev. 17) dated 17 February
      2025 and must include in particular:
      a.   pedestrian routes in accordance with the conditions of this Decision Notice; and
      b.   dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
           Parking Facilities.
      Service Vehicles
41.   Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
      The works must include in particular include regular access for waste collection for a Heavy
      Rigid Vehicle (HRV) and Side Loading Refuse Vehicle.

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GENERAL COMMITTEE MEETING REPORT                                                  17 MARCH 2025


      Pedestrian and Bicycle Facilities
42.   Pedestrian and bicycle facilities must be provided for the development. The works must be
      undertaken in accordance with an Operational Works approval, be generally in accordance
      with Red’s Proposed Site Plan (TP06, Rev. 17) dated 17 February 2025 and must include in
      particular:
      a.   Bicycle parking for 14 bicycles. The bicycle parking areas along the Diyan Street
           frontage is to be reduced to increase landscaping along this frontage.
      b.   A 1.5-metre-wide concrete footpath within the road verge for the entire length of the
           site’s frontage to Blakesley and Diyan Street
      c.   all footpaths to be constructed with a pebblecrete finish to match existing footpath
           surface treatments adjacent to Poinciana Avenue.
      d.   Pedestrian pathways between the proposed car parking area and the building/s; and
      e.   Adequate separation of all specific pedestrian routes from vehicle access and
           manoeuvring areas, and clear demarcation by pavement marking, signposts or
           changes in surface materials or levels. The pedestrian routes are to include a pathway
           across the site that connects to the arcade on Lot 6 on RP21337.
      f.   End of trip facilities involving 7 lockers, two showers and change rooms in the
           development.
      Stormwater Drainage
43.   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 be generally in accordance with Bornhorst + Ward’s Site Based Stormwater
      Management Plan (23169, Rev. C) dated April 2024.
      Easements
44.   An easement for “public thoroughfare” purposes must be registered against the title of the
      property in favour of Council. The easement must be over the land defined as
      “CARPARKING” and “DRIVEWAY” on Red’s Proposed Site Plan (TP06, Rev. 17) dated 17
      February 2025 and any land required to provide the opportunity for vehicles to access the
      adjoining carpark in Lot 6 on RP211337. The easement must be granted prior to the
      commencement of the use.
45.   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.
46.   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.
47.   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
48.   All earthworks and associated retaining structures/batters, both above and below ground,
      both temporary and permanent, must be undertaken in accordance with an Operational
      Works approval, be generally in accordance with Bornhorst + Ward’s Civil Engineering
      Preliminary Earthworks Plan (DA-C010, Rev. A) and contained entirely within the subject site
      unless written permission from the respective landowner(s) is provided to Council.

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GENERAL COMMITTEE MEETING REPORT                                                  17 MARCH 2025


49.   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.
      Damage to Services and Assets
50.   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.
      Waste
51.   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.
DBW23/0073 - DEVELOPMENT PERMIT FOR BUILDING WORK ASSESSABLE AGAINST THE
PLANNING SCHEME (DEMOLITION)
52.   Provide a work method statement to Councils Development Assessment Manager for
      endorsement prior to demolition commencing.
53.   A waste management plan, in accordance with the requirements of Planning Scheme Policy
      PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the
      development permit for building works.
      Codes of development
54.   Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
      solutions as contained in the Waste Management Code and Water Quality and Drainage
      Code of the Noosa Plan.
      Currency period
55.   This development approval lapses if building work (demolition) has not substantially
      commenced within 12 months from the date of this decision notice, unless an application to
      extend the currency period is approved by Council.
      Performance Bond
56.   Security to the value of $20,000 must be provided to Council’s Building and Plumbing
      Services prior to the issue of the development permit for building works. The security must
      be in the form of a cash bond or bank guarantee, for security against satisfactory completion
      of works.
      Waste Management
57.   Adequate area must be provided on-site for the collection and separate storage of recyclable,
      non-recyclable, vegetative and hazardous materials in their specific waste streams during
      removal or demolition works.
58.   All waste materials must be removed from the site to avoid causing unhealthy conditions,
      with the site left clean, tidy and free from any debris.

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GENERAL COMMITTEE MEETING REPORT                                                 17 MARCH 2025


59.   Where a development permit has not been issued for the future use of the site, hard surfaced
      areas including concrete slabs must be removed and disturbed areas must be revegetated
      in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
      be turfed within 20 business days of completing the removal or demolition work.
      Water Quality and Drainage
60.   Erosion and sediment control is to be undertaken in accordance with the requirements of the
      Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
      maintained until soils are stabilised by vegetation or sealed.
      NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
      allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
      system (e.g. roadside gutter).
      Health and Safety
61.   All building materials containing asbestos, including asbestos cement sheeting or roofing and
      lagging, are removed from the building prior to demolition or relocation.
62.   Removal of building materials containing asbestos must be undertaken by a licensed
      asbestos removalist.
      Clearing of Vegetation
63.   This development approval does not authorise the removal/clearing of vegetation from the
      site.
64.   Existing vegetation on Council controlled land must not be trimmed, pruned or otherwise
      impacted without prior written approval from Council.
      General
65.   Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
      protected from damage and made safe to the standard required by the regulatory authority.
66.   Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
      bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
      pre-existing conditions.