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Attachment 3 - Infrastructure Agreement · 132007.12.8

Attached to the e-mail 132007.12.8 - Response to Information Request.

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                                INFRASTRUCTURE AGREEMENT

THIS AGREEMENT is made this                       day of                             2016.


BETWEEN;             NOOSA SHIRE COUNCIL of 9 Pelican Street, Tewantin in the State of
                     Queensland.
                                                                                 ('^he Council")
                     NOOSAVILLE MEDICAL & PROFESSIONAL CENTRE PTY LTD ACN
                     010 70,425 of 4 The Outlook, Glen WaverIey in the State of Victoria,
                                                                              ("the Applicant")



RECITALS:

A.     The Applicant is the Appellant and the Council is the Respondent in Planning &
       Environment Appeal 3/26/20151n Brisbane ('^he Appeal").
B.     The Appeal is in respect of the Council's decision to grant, in part, the Appellant's
       request to change a development approval for land at 96 Goodchap Street, Noosaville
       formerly described as Lot 4 on SP, 96846 (now Lot 3 on SP264909) ('the Property").

        The Applicant is the Owner of the Property.

        The Applicant and the Council have agreed to settle the Appeal on the terms
        contained herein.




IT Is AGREED:

I.      INTERPRETATION

1.1     In this Agreement unless there is a contrary intention: -

        "Act" means the Susta!hable Planning Act 2009 (the 'SPA')*
        "Force Majeure" means an event:

          (a) being a decree of the Commonwealth Government or the state Government, an
                act of God, industrial disturbance, act of public enemy, war, international
                blockade, public riot, lightning, flood, earthquake, fire, storm or other event
                whether of a kind herein specified or otherwise; and

          (b) which is not within the control of the party claiming Force Majeure; and
          (0) which could not have been prevented by the exercise by that person of a
              standard of foresight, care and diligence consistent with that of a prudent and
                competent person under the circumstances.



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                                                 -2-


         "Owner" has the meaning given in the Act.

         "Purchaser" means the purchaser of the Property from the Owner.

         "Sell" includes transfer, dispose of and alienate and "Sale" has the corresponding
         meaning.

12     Any reference in this Agreement to "writing" Includes a reference to post, telex,
       facsimile, email transmission or coinparable means of communication.
1.3    The headings in this Agreement are for convenience only and do riot affect its
       interpretation.
14     No rule of construction applies to the disadvantage of a party on the basis that the
       party put forward the Agreement or any part of the Agreement.
1.5    Ref erence to:

       (a) The singular includes the plural and the plural includes the singular;

       (b) One gender includes each other gender;

       (0) A person includes a body corporate;

       (d) A party includes the party's executors, administrators, successors and any
            assignee of this Agreement;

       (e) An amount of money is a reference to that amount exclusive of GST, unless
            otherwise indicated or required by the context;

       co Any legislation or any provision of any legislation includes:

               (i) Statutory modification or re-enactment of or any statutory provision
                    substituted for that legislation, section or provision;

               (ii) Ordinances, by-laws, regulations and other statutory instruments issued
                      under that legislation, section or provision.
2.     INFRASTRUCTURE AGREEMENT

2.1    This Agreement is intended to constitute an infrastruclure agreement under the Act.
2.2    The Applicant as Owner consents to the obligations of the Applicant under this deed
       being attached to the Property and binding on the Applicant and the Applicant's
       successors in title in accordance with Section 674 (When Infrastructure agreements
       bind successors in title) of the Act.
3.     APPEAL


       The Applicant and the Council agree to enter into a consent judgment allowing the
       Appeal subject to the consolidated conditions of approval in Schedule I hereto or such


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       variation thereof as is allowed by the Planning and Environment Court with the consent
       of the parties.



       INFRASTRUCTURE CONTRIBUTION

       In consideration of Clause 3 the Applicant agrees to:
4.1 Carry out the additional works set out in Schedule 2 hereto in accordance with an
     Operational Works approval under the Act;

4.2 Pay to the Council the sum of $46,000 towards the upgrading of bus stops and
       associated roadworks to be carried out by the Council In Goodchap Street, such
       payment to be made within 21 days of the entry of judgment referred to in clause 3.
5. WARRANTY OF OWNERSHIP

       The Applicant warrants that, at the time of signing this Agreement, it is the owner of
       the Property.
6. AGREEMENT CONDITIONAL


       This Agreement is conditional upon resolution of the appeal in accordance with clause
       3.

       GOODS AND SERVICES TAX

        In this clause;

       (a) expressions which are riot defined but which have a defined meaning in the GST
               Law have the same meaning as in the GST Law.

       (b) "GST Law" has the meaning given to that expression in A New Tax System
                   (Goods and Services Tax) Act 1999.

       (c) 'GST Amount" means the amount referred to in clause 7.3.

7.2 Unless otherwise expressly stated, all prices or other sums payable or consideration to
       be provided under this Agreement are exclusive of GST.

7.3 If GST is payable by a supplier made under this Agreement, the recipient will pay to
       the supplier an amount equal to the GST payable on the supply.
7.4 The GST Amount will be paid by the recipient on the same date the consideration for
     the supply is to be provided under this Agreement.

7.5 The recipient is not required to pay the GST Amount until the supplier has provided the
      recipient with a tax invoice in respect of the taxable supply. If the supplier has riot
      provided the recipient with a tax Invoice prior to the time that the GST Amount is
     otherwise payable under this clause, the recipient must pay the GST Amount within
     five days of the receipt of the tax invoice,
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7.6    If at any time an adjustment event arises in respect of a taxable supply made by a
       supplier under this Agreement the supplier will provide the recipient with an adjustment
       note for the adjustment immediately upon becoming aware of the adjustment. Where
       such an adjustment event arises, a corresponding adjustment will be made to the GST
       Amount and a payment will be made by the recipient to the supplier or the supplier to
       the recipient as the case requires.
7.7    Where a party is required under this Agreement to pay for or relmburse an expense for
       outgoing of another party, the amount to be paid by the first party is the sum of:

       (a) the amount of the expense or outgoing less any input tax credits in respect of the
             expense or outgoing that the other party is entitled to; and

       (b) if the payment by the first party is consideration for a taxable supply, an amount
               equal to the GST payable by the other party in respect of the payment.
7.8    In the event that liability for payment of GST in respect of a supply under this
       Agreement is imposed upon a representative of a supplier, this clause 7 shall
       nonetheless apply and any amounts to be calculated pursuant to this clause shall be
       calculated in all respects as if the supplier were liable for the GST imposed on such
       supply and entitled to input tax credits properly allocated to the making of that supply.
7.9    PAYG instalments will be deducted from payments to be made to the claimant if at the
       time of the payment the claimant has not provided to the Council a valid Australian
       Business Number or if the Council otherwise reasonably forms the view that
       deductions are required to be made under Part 2-5 of the Taxation Admin^tration Act
       1958.

8.     DEFAULT BY APPLICANT

8.1    If the Applicant fails to duly perform and fulfil any or all of its obligations in respect of
       clause 4, in addition to any other of its rights or remedies at law, the Council may
       recover from the Applicant the amount of any deficiency in payment or its costs of
       carrying out or completing any works.

       The Council may apply any sum recovered or received by it pursuant to clause 8.1 as
       far as the sum may extend to or towards all or any one or more of the following:

       (a) reduction or discharge of the payments or contribution payable by the Applicant
             under this Agreement; and

       (b) reimbursing itself for the cost of works done and for any damages suffered by it.
       NOVATION OF DEED UPON SALE

       The Applicant must not sell or transfer the Property prior to the performance and
       fulfilment of the obligations under clause 4 except subject to the condition that the
       purchaser (in this clause called '*he Purchaser") shall enter into a deed of novation of
       this Agreement or a replacement Agreement with the Council, whereby the Purchaser
       becomes contractualIy bound to the Council to perform and comply with such


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                                                 -5-


       obligations, or such of them as remain unpertormed or unfulfilled by the Applicant at
       the time of such sale.

9.2    In the event that the Applicant sells or transfers the Property otherwise than in
       compliance with clause 9.1 the Applicant must perform and fulfil the obligations under
       clause 4 at such time or times as the Council stipulates, even if the time or times
       otherwise appointed for such performance and fulfilment have riot then arrived.
9.3    In the event that the Purchaser enters into a deed of novation or such further deed or
       agreement which contractualIy obliges the Purchaser to the Council to perform the
       Applicant's obligations referred to in this deed, the Applicant shall be forever released
       from any further liability pursuant to this Agreement or otherwise arising from Its
       subject matter and the provisions of this clause may be pleaded as a bar to any
       proceedings brought by the Council.
to,    SERVICE

 0.1 A Notice is sufficiently made, given or served by a party if left at or forwarded by
     prepaid post in an envelope addressed to the other party or any of them (where there
     are more persons than one person comprising the party) at the address of that party
     referred to in this Agreement.

10.2 A Notice if sent by prepaid post is deemed to have been made, given or served at the
     time when in the due course of the post it would be delivered at the address to which it
     is directed whether or riot it is actually received,

10.3 In proving service of a Notice made, given or served by the Council it is only necessary
      for the Council to certify to that effect under the hand of the Chief Executive Officer.
10.4 Form of Notice

       (a)     A Notice given by a party must be in writing and signed by the party.

       (b)     A Notice given by a party may be signed by an officer of that party or the solicitor
               for that party.

       (0)     A party receiving a Notice is not obliged to enquire as to the authority of the
               person signing the Notice.
11.    MISCELLANEOUS

I I .I Payment of costs

       Each party shall pay its own costs of and incidental to the preparation and execution of
       this Agreement and the Appeal.
I 1.2 Time

       Time is, in all cases, of the essence.

I I. 3 Place for payment of monies


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       All monies payable to a party under this Agreement are payable free from all
       deductions at the address of that party referred to in this agreement.
  A Waiver

       No waiver by the Council of any breach by the Applicant of any of the provisions of this
       Agreement shall be implied against the Council or be otherwise effective unless it is in
       writing under the hand of the relevant Chief Executive Officer.

I 1.5 Laches and delay

       NO Iaches or delay by the Council at any time or times in enforcing any of its rights,
       powers and the like under this Agreement prejudice or affect those rights or powers.
I 1.6 Severance

       If any provision of this Agreement cannot be given effect or full force and effect by
       reason of statutory invalidity that provision shall be served or read down but so as to
       maintain and up hold so far as possible the remaining provisions of this deed.

I 1.7 Warranty of authority

       Any person signing this Agreement:

       (a) as attorney of any party warrants to the other parties that at the date of execution
               that person has riot received any notice or information of the revocation of the
               power of attorney appointing that persons; and

       (b) as an authorised officer, agent or trustee of any party warrants to the other
             parties that at the date of execution that person has full authority to execute this
            deed in that capacity.
 I. 8 Further assurances

       Each party agrees at its cost to do everything reasonably necessary to give effect to
       this Agreement.

 1.9 Force Majeure

               it a party is unable by reason of an event of Force Majeure to carry out its
               obligations under this Agreement, that party must give a Notice to the other party
               advising of the event of the Force Majeure as soon as it is reasonably practicable
               after the event of a Force Majeure.

       (b) If a party gives a Notice advising of an event of Force Majeure, that party's
              obligations will be suspended during the period for which the event of Force
              Majeure or its effect extends.

       (0) Where the obligations of the Council are dependent upon the occurrence of
            specified circumstances, then the Council will be relieved of its obligations for so
               long as there is a change or deviation or nori-occurrence of those circumstances
               arising from a matter beyond the Council's Control.

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   I O Amendment of Agreement

      (a) Despite any provision of this Agreement, the parties may at any time agree to
           vary the terms of this Agreement;

             No modification, variation or amendment of this Agreement is of any force or
             effect unless:


             (i)    it is in the form of an amendment Deed and has been signed by the
                    parties; and

             (11)   where relevant the amendment Deed complies with the requirements of the
                    Act.




EXECUTED As A DEED


In witness hereof the parties have executed this Agreement on the day and year f rsi wr tten
above.




SIGNED on behalf of the NODSA SHIRE
COUNCIL by a delegaied officer                        < <1^..,, !,.   ,      Itr ' I Z   IG,

                                                       1<c, " ^ Go y I^
                                                  Delegated Officer




EXECUTED by NOOSAVILLE MEDICAL &
PROFESSIONAL CENTRE PTY LTD ACN
010 701425 in accordance with SI27 of the          Director   ^.,^
Corporations Act 2001

                                                   ,,,,,^;; - O



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                                                .8.

                                           SCHEDULE I

                           CONSOLIDATED CONDITIONS OF APPROVAL


; APPUCATIO, , DETAILS
,.".^^



Application No :                  t32007*12.6
Street Address:                   90 Goodchap Street, Noosaville Old 4566
Real Property Description:        Lot 4 SP 196846 & Lot 2 SP 155870

Planning Scheme;                  The NODSa Plan (16 September 2013)


CONSOLIDATED CONDITIONS OF APPROVAL

Land Use
I.       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 unless otherwise amended by these conditions.
          Plan No           Rev Plan/Document Name                               Date
          GP2.020-I              Overall Parking Layout, drawn by Middap         May 2016
                                 Architecture Pty Ltd
          0427 - DAO2E           Site Plan - Overall Podium Level drawn by       13/12/2007
                                 Middap Ditchfield Ply Ltd
          9427 - DAO3E           Site Plan - Overall Upper Plan, drawn by        13/12/2007
                                 Middap Ditchfield Ply Ltd
          0427 - DAO4E           Stage 2 Carpark Plan, drawn by Middap           I3/12/2007
                                 Ditchfield Pty Ltd
          0427 - DAO5E           Stage 2 Stage 2 Podium Plan, drawn by Middap 13/12/2007
                                 Ditchfield Pty Ltd
          0427 - DAO6E           Stage 2 Upper Floor Plan, drawn by Middap       13/12/2007
                                 Ditchfield Ply Ltd
          0427 - DAO70           Stage 2 Roof Plan, drawn by Middap Ditchfield   13/12/2007
                                 Ply Ltd
          0427 - DAO80           Existing Approved Elevations & Sections, drawn 13/1 2/2007
                                 by Middap Ditchfield Pty Ltd
          0427 - DAO90           Proposed Elevations & Sections, drawn by        I3/12/2007
                                 Middap Ditchfield Ply Ltd
          0715 - WDO1, ,         Working Drawings Carpark Layout, drawn by April2008
                                 Miiddap Ditchfield Pty Ltd
                                 Plan of Lots 4.5 & Emt D (Restricted) in Lot 4
                                 SP 196846, drawn by Jones Flint & Pike
 2.      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.




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 .
       The open space and setback areas are to be landscaped in accordance with Council's
       Policy on Landscaping Guidelines and a properly prepared landscape plan prepared
       by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to
       be completed prior to the premises being occupied and maintained at all times
       thereafter. The Landscape Plans required to be submitted are to demonstrate dense
       vegetation comprising native trees and shrubs and include some mature plantings
       within the setback areas of the proposed car park structure, to assist providing a visual
       screen and buffer to adjoining residential premises.
 .
       Existing trees on the site and within road reserves are to be retained, except where
       required to be removed due to building operations or the conduct of the approved use.
 ,
       Any advertising sign or device is to comply with Council's policies on advertising.
6.     All goods are to be displayed on site within the properly boundaries and/or on the
       premises approved for the use.
7.     Secure bicycle racks shall be provided on site to accommodate a minimum of 35
       bicycles. The proposed bicycle racks shall be identified on the plans submitted for
       Operational Works approval and shall be located to the reasonable satisfaction of the
       Council.
8.     End of trip facilities shall be provided within the approved buildings at a minimum rate
       of 1810ckers and 3 showers.
9.     Deleted.
 O.    The proposed development shall not exceed a maximum height of 2 storeys and I O
       metres above natural ground level, with the exception of building B, which may be 3
       storeys in height in accordance with the approved plans.
 I.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
       certificate lodged with Council at completion of work confirming compliance with the
       maximum allowable building height as required by the condition 10 of the approval.
I2.    The development is permitted a total maximum use area of 6,054m' with each
       individual use permitted the following maximum use areas at any one time:-
       12.1. Education - Type 3 Adult - 2,723m' comprising a maximum of I, 400m' student
               contact area and 1323m' of nori-student contact area
       I2.2. Retail Business - Type I Local - loom'
       I2.3. Retail Business Type 2 Shop and Salon or Entertainment and Dining Business
               Type I Food and Beverages - 236m' (includes 16m' of outdoor dining).
       12.4. The remaining use area being available for:
               Commercial Business Type I - Office
               Commercial Business Type 2 - Medical
       Student contact area comprises all areas used for student lectures, tutorials or the like.
13.    Any new hot water systems installed shall be either solar systems; electric heat pump
       systems; or gas systems (LPG or natural).




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14. Any new Kitchen, laundry and bathroom fittings are to 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 the AAAA Water Conservation Rating
     System. All tap ware and shower roses shall riot exceed a maximum flow of 9111res per
     min. Dishwashers and washing machines are excluded from this requirement,
15. Deleted.

I6. The development shall be undertaken in accordance with the recommendations of the
      Acoustic Report prepared by TFM Consulting (SC) Pty Ltd.
17. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
     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.
18. 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.
19. The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses
     If the use has not happened by ,7 February 20.4, unless an application to extend the
     currency is approved by Council.
20, 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.
Land Development

Reconfiguring a Lot
21 . The lot reconfiguration shall be in accordance with plan SP196846 as submitted by
      Jones Flint & Pike Pty Ltd except as modified heroin.
22. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
       documentation shall be presented to Council and shall be submitted in the correct form
       with the fees prescribed in Council's adopted fee schedule.
23. Pursuant to Section 3.7.3(3)(c) of the Integrated Planning Act, all outstanding rates
     and charges due and payable to Noosa Council in respect of the lots being
     reconfigured shall be paid prior to endorsement of the Plan of Survey.
24. The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to
     Lot I on RP802360 on either side of Council's pathway to assist service vehicle
     access. An underground electricity service shall be provided to service all parts of Lot
       4 if riot already provided. The service shall be provided before the use commences,
25. All parts of lot 4 shall be serviced by water supply appropriate for necessary
       requirements, such as firefighting. The service shall be provided before the use
       commences.

Vehicle Access

26. The eastern site access intersection shall be modified to increase the length of the
     parallel right turn storage lane to at least 20 metres.


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27, The existing primary vehicular access driveway off Goodchap Street (eastern access)
     shall be modified by the construction of a splitter island at the entrance should be
     extended to preclude right turns in or out of the car parking aisle along the front of the
      eastern building*
28. All driveways shall be designed and constructed to Council's design standards and to
      grades that prevent vehicles from scraping and/or bottoming whilst also allowing
      pedestrians movements along the footpath without any step or level difference.
      Should any driveways be constructed to grades that do riot comply with As2890. I-
      2004, Council will require that the driveway be removed and reconstructed to levels
      that do comply.
29. To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists
     on the footpath, the driveway and any associated fencing or vegetation near the
     driveway shall comply with the minimum sight line requirements as defined in
     As2890. I, section 3.2.4. The applicant shall demonstrate compliance by illustrating
     these sight lines on the plans submitted for both Operational Works approval and
     Building Works approval.
30. In regard to the existing pathway between the two parts of Lot 4, buildings shall be
      modified as necessary to achieve these sight distances and this compliance
      demonstrated in the plans submitted as part of the operational works approval, The
      crossing shall also be a raised type, be appropriateIy lit and give priority to pedestrians
      and cyclists.
31 . The access to and from Traders Lane will only be permitted for use by service and
      emergency vehicles, A sign indicating this shall be installed at the exit.
32. In any operational works application, the developer shall demonstrate by the way of a
      turning template, that service and emergency vehides can access the site via Traders
      Lane. If this cannot be achieved the building shall be set back or modified to allow
      entry of these vehicles.
33. All vehicles shall enter and leave the site in a forward direction.

Loading Areas
34. Two combined loading zone/carpark spaces shall be included on site and operate as a
     Loading Zone between the hours of 8 am to I I am weekdays and shall be sign posted
       to indicate this.

35. The combined loading zone I carpark space shall be sized to accommodate a small
       rigid vehicle in accordance with As 2890.2 - I 989. These spaces will be indicated on
       the operational works appllcation for car parking.
Car Parking
Off Street

36, The development shall provide car parking spaces on the site at a minimum rate of
       369 car parking spaces (including 40 parking spaces for the childcare centre),
37. All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles,
      although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles, In all
       other respects, the designs should comply with As2890. I - 2004.
38. Vehicular access to the site shall be primarily from Goodchap Street and car parking
     shall be generally in accordance with the approved plans.

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39, All carparking shall be kept, maintained and line-marked in a condition fit for use.
40, All staff carpark spaces shall be clearly defined by line marking each space with the
      words "Staff Parking Only" and by sign posting each space with a similar wording.
Pathway Lighting
41 . The existing pathway between the two existing lots shall have lighting installed from
      Goodchap Street to the rear boundary of Lot 4, This lighting shall have a high energy
      efficient rating to the reasonable satisfaction of Council and be designed to meet
      appropriate safety standards and riot to adversely impact residences in the area.
Vegetation Protection & Preservation
42. Vehicular pavements within the drip zone of any of the existing trees on site to be
     retained shall be designed as a pervious pavement (such as grass paving cells or
     similar), as this will allow water that falls on this surface to penetrate to the trees root
     system. The pavement shall be constructed so as not to damage the tree or their root
     system and in this regard temporary fencing shall be provided around the trees during
     construction to help protect them.
       Plans shall be submitted to the Council for approval that clearly show the type
       and extent of the pervious pavement and the temporary fencing prior to
       obtaining a Development Permit for Operational Works,
Frontage Works
43. Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in
     accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guideffnes.
Roof Water & Stormwater Drainage
44, Roof runoff from any new building shall be directed to a rainwater storage system or
     tank (minimum storage the greater of 5000 litres or 15 litres/in' of roof area) that is
     installed to ensure water from the tank is used for external uses (such as watering
     gardens, irrigation, ornamental ponds* water features, outdoor cleaning, etc) and for
     use in flushing of toilets internal to the building. All rainwater tanks are to be designed
       and installed in accordance with the Queensland Development Code (QDC), Part 25 -
       Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
       building approval. The location and capacity of the tanks shall be clearly shown on the
       plans submitted for Building Works I Operational Works approval and any overtlow
       shall be directed to an approved discharge point.
45. All stormwater drainage (including roof water overflow from the rainwater storage
     system) shall be collected and discharged so there is no net increase in stormwater
       runofl from the site

46. A Stormwater Management Plan shall be submitted 10 Council in conjunction with an
      operational works application to demonstrate how water quality and quantity objectives
      are to be met. This Management Plan shall set the objectives and include a plan
      indicating location and sizing of the devices prosed, The operational works application
      shall be in accordance with this plan and buildings shall be modified if required to
       accommodate the necessary treatment infrastructure.
       All other clean stormwater, such as roof water, can be collected on site and
       discharged through a single underground drain line directly into the existing
       drainage system, bypassing the grease/oil arrestor and treatment system.
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       A maintenance plan for the treatment devices shall be complied with for the
       duration of the approved uses,
       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.
47. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains

48, All parts of the site shall be connected to Council's existing sewerage reticulation
     systems and be constructed in accordance with Council's standards and requirements
       at no cost to Council.

Town Water Supply
49. All paris of the site shall be connected to Council's existing town water supply and be
      constructed in accordance with Council's standards and requirements at no cost to
       Council.

50. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
     development shall be served by:
       50.1. A single Body Corporate water meter to measure the total water consumption
             (including fire hose reels, but excluding fire hydrants and fire sprinkler systems),
               and

       50.2. Individual water meters to each tenement capable of being separately rated, and
       50.3. A fire service (fully testable single detector check with metered bypass), where
             applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire
             hose reels).
Earthworks

51 . Filling works required on site shall be carried out in accordance with Section 3.8 of
      Council's Engineering Design Standards Manual and so as not to cause the additional
      ponding of water on any adjoining lands or the blockage of, or interference with, any
      existing overland flowpaths. Detailed site surveys indicating natural surface levels and
      contours of the adjoining properties must be provided with the application for a
      Development Permit for Operational Works for Filling and Drainage.
       This may require the design and construction of drainage pipes and/or an
       overland flow"path within the development site that caters for drainage from the
       adjoining sites for a design storm with an Average Recurrence Interval of I in
       I00 years' A private easement for the Drainage of Water encompassing the
       drainage pipes or overland flow-path will also be required, In this regard a
       Development Permit for Operational Works shall be obtained.
       Should evidence be provided to Council indicating that no additional ponding of
       stormwater will occur on the adjoining properties the requirement for the
       drainage pipes, overland flow-path and easement shall not apply.




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52. Earthworks carried out on site shall not affect the structural integrity of any of the
     existing fences or structures that border the development site. Fences that are
       affected shall be replaced prior to the Building Certifier issuing the Certificate of
       Classification. In this regard any fences to be replaced shall be clearly shown on the
       plans submitted for Operational Works approval,
Acid Sulfate Soils
53.    As the site is located below the 5m AHD, any excavation works consisting of loom' or
       greater and/or any filling works consisting of 500m' or greater and with an average
       depth of 0.5m or greater will need to be carried out in accordance with State Planning
       Policy 2102 Planning and Managing Development Involvihg Acid SUI^te Sorts. In this
       regard appropriate testing and supporting documentation prepared by a suitably
       qualified specialist shall be submitted to Council for approval prior to obtaining a
       Development Permit for Operational Works,
Erosion and Sediment Control
54. Any person acting on this permit shall prevent erosion and sediment export from
     leaving the site. Site control measures such as silt fencing, controlled gravel access to
     the site and controlled disposal of waste, will be necessary.
       In this regard 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.
55. Monetary contributions shall be paid to Noosa Council towards the cost of providing
     andor upgrading various infrastructure at the rates applicable at the time of payment.
     An estimate only of the contribution amounts under the current Council policies and
     requirements is outlined in the table below:

                                                                             STAGE B          TOTAL
       Contribution Required For:                             STAGE A (in addition Stage A +
                                                                       to Stage A) Stage B
       PSP12 - Public O an S ace Contributions Park              3233             o             3233
       PSP16 - Sewera e Headworks Contributions                  346.7 $ I 4785              $ 49402
       PSP17 - Water SU I Headworks Contributions              $29629 $25727                 $ 55 356
       PSP20 - Pathwa Trunk Network Contributions              $ 3266     $0                  $ 3,266
       TOTAL Contribution Amount =                              $ 70,745 $ 40,512           ,,,, 257
       Please note, that these amounts are all sub ect to variations In the Consumer Price Index, All
       Grou Brisbane from SEPTEMBER 2008 until the date of a ent.


       All contributions must be paid prior to the issue of a Development Permit for
       Operational Works for the relevant stage.
       Alternatively a trading bank guarantee shall be submitted to Council plus 20%.
       Should not be paid at the due time, Council shall call upon the trading bank
       guarantee in full.
       Processing of bonds for security where specific Council approval has been
       given for the bonding of contributions will incur an administration fee in
       accordance with Council's Land Development Commercial & Regulatory Fees
       at the time of lodgement.

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      In the event that the Development Permit for Material Change of Use of
      Premises lapses or is cancelled, the paid contributions and/or the trading bank
      guarantee will be returned.
General

56* A suitably qualified Registered Professional Engineer shall prepare engineering
     drawings and specifications for all engineering works that will become Council
     infrastructure, which shall be submitted in conlunction with an application for a
     Development Permit for Operational Works. To avoid conflict with underground pipes
     or services, all existing and proposed services required by the development shall be
     shown on the plans.
57. Any alteration of any public utility or other facilities neoessitated by the development of
      the land or associated construction works external to the site shall be at no cost to
      Council.

58. 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.

Environmental Health
59.   The developer must provide waste storage and disposal facilities in accordance with
      Planning Scheme Policy No. 9 'Waste Management Multi-Dwellings and Commercial
      and Industrial Premises", including an external imperviously paved area correctly sized
      for all refuse and recycling containers and suitably screened from public places and
      neighbouring properties.
60.    Refuse containers must be provided in accordance with the requirements of the
       Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
       Regulation 2000, for the storage and collection of refuse.
61.    All refrigeration plant including motors, shall be situated within the building or suitably
       provided with noise reduction measures and located as to prevent a noise nuisance
       beyond the subject land in accordance with the nuisance provisions of the
       Environmental Protection Regulation I 998. On the spot fines apply for such offences.
62.    Noise emission from air conditioning equipment shall comply with the following
       requirements:
       62.1. The equipment shall be installed and 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. Infringement Notices (on-the-spot fines) may apply for
              offences.

       62.2, Submission of written certification from a suitably qualified person confirming that
              the noise levels comply when measured at the nearest residential boundary.
              This is required immediately after installation of the equipment and prior to any
              occupation of the building, and in a format approved by Council.
       62.3. A person must not use equipment on any day if it makes or causes noise to be
              made -

              62.3. I. Before 7am or after lopm: More than the lower of either -

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Page 16

                    . 40 d(B)A
                    . S d(B)A above the background noise level
               62.3.2. From 7am to 7pm: More than the lower of either -
                    . 50 d(B)A
                    . 5 d(B)A above the background noise level
               62.3.3. From 7pm to lopm: More than 3 d(B)A above the background noise
                       level.

Additional Conditions 7/3/08

63. The applicant shall enter into an infrastructure agreement with Council with
     regard to the provision of private services within the 5m wide road reserve that
       divides the two separate parts of Lot 4 prior to the use commencing on the
       northern part of Lot 4. The conditions of the infrastructure agreement shall:
       a) Provide for the installation, maintenance and preservation of the private
            water an electrical services that supply the separate parts of Lot 4,
       by Provide for the maintenance of the road reserve in those parts affected by
            the private services,
       c) State that the applicant is responsible for obtaining approval for the design
            and construction of the various services from the relevant authority,
       d) State that the design and construction of the services shall be wholly at the
            applicant's expense and shall riot entail a financial encumbrance on future
            purchasers of the proposed lot, and
       e) Be to the satisfaction of the Department of Natural Resources and Water
              (DNR&W). If DNR&W does not consent to the private services crossing
              their land the applicant shall find an alternative means of providing
          services to the balance of Lot 4 prior to the use commencing.
64. The required contributions shall be paid to Council and the associated car parking
       constructed,

Additional Conditions 16/3/1 O
65. Vehicular access arrangements can be varied to allow for an alternative access
     arrangement for northern vehicle access to the site from Goodchap Street, The
     alternative access arrangement shall be generally in accordance with Drawing No.
     PI 00, Job No. 06679 prepared by ToD Noosa dated 29 May 2009. The works shall
       include but not be limited to:-

        i. The linemarking necessary to provide the right turn lane and associated
               medians,
        ii. The direction linemarking within the existing access,
        .,.


        iii. The widening of the current vehicle crossover, and
        .




        iv. Any works associated with the existing Telstra pit to the satisfaction of
               Telstra. Suitable certification from Telstra shall be submitted to Council

Legal1,7541127_I

Page 17

                prior to the commencement of any works and at the completion of the
                works.

       Further, a schedule of works, specifications and plans detailing this work shall
       be prepared and submitted to Council for approval as part of an application for
       Operational Works
66. Where vehicular access arrangements are varied in accordance with the
     alternative access arrangements identified by Condition 65, the applicant shall
     design and construct an indented bus bay in Goodchap Street to replace the
     existing kerb side bus stop located in the frontages of N0 135-1 37 Goodchap
     Street. The works for the bus bay shall 'nclude but not be limited to the
     following:-
        i. Be located generally in accordance with Drawlng No. PI OC, Job No.
             06679 prepared by ToD Noosa dated 29 May 2009,
        ii. Be designed and constructed generally in accordance with Translink's
              "Regular Stop" as shown on Trans!ink Drawing No. TL-R02 with the
              following modifications:
                a. The kerb type in the tapers must provide unimpeded access to the two
                    affected residential properties,
                b. The minimum taper on the approach should be approximately20m,
                c. The new taper should be I in 7, and
                d. The minimum length of the bus stop itself is 20m.
        iii. The pad, seat, bin, signage and tactile indicators as shown on Translink's
               "Regular Stop" as shown on Translink Drawing No. TL-R02.
        iv. Any modifications to and realignment of the existing residential access
             driveways,
        v. A 2m wide concrete footpath connecting the bus stop to the existing
             footpath in Goodchap Street.
       In this regard a schedule of works, specifications and plans detailing this work
       shall be prepared and submitted to Council as part of an application for
       Operational Works.
67. Prior to the issue of any Building Approval and commencement of the construction of
        the multi-level car park in the northwest corner of the site, an Operational Works
        approval shall be obtained to address necessary vehicle access arrangements and
        additional vehicle movements to, and within the site.




Leg. 1147s411z7_I

Page 18

                                                .18

                                          SCHEDULE 2

                               ADDITIONAL WORKS BY APPLICANT

       The Applicant shall obtain an operational works permit and carry out the following
       works in respect of part of the Council reserve adjoining the Property to the south
       (Land Do onella Bushland Reserve Lot I on RP802360) as shown hatched on Drawing
       No. GP 2.02 D, , forming part of this Schedule 2. The works required to be undertaken
       within the hatched area of the Council reserve shown on Drawing No. GP 2.02 02,
       also forming part of this Schedule 2, will be as follows:

       a, Remove all gravel fill from the hatched area;

       b, Remove all stormwater pipes and outlets from the hatched area;

       c. Remove the timber retaining wall structure at the edge (as shown) of the hatched
               area;


       d. Remove the Rotunda structure (as shown), including all footings, from the
               hatched area;

       e. Remove all debris from the hatched area;

       f. Reinstate the hatched area with top soil and turf, this being the previous
               condition of the land;

       g. Provide for sediment and erosion control measures as required to stabilise the
             hatched area during construction and until the turf is established;

       h* Ensure all new energy dissipaters associated with stormwater treatment from the
            development are located within the subject land and not within the hatched area;

               Ensure suitable treatments are provided to prevent stormwater from the
               development causing scouring when entering the hatched area;

               Provide an appraisal by a suitably qualified and experienced arborist, about the
               condition of the trees at the edge of the hatched area where works have
               occurred within the root zones, and undertake replacement planting if required;
               and

       Undertake the works identified in paragraph I in accordance with any necessary
       approval.




Legal147541127_I

Page 19

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