Town Planning Consent TPC 2618 - amended 30 May 2013 · 51993.1288.01

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Town Planning Consent Permit - TPC 2618 Page 2

e. The floor area available to the public for retailing purposes within the shops
is to be reduced from 160m? to 118m?. The majority of the reduction
required is to be achieved by increasing the setback of the larger shop tenancy
from the Hastings Street frontage.

Provision of at least 20 off-street covered car parking spaces (including 6 tandem
bays) and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning
Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer.
Plans and specifications for these works are to be submitted to the Shire Engineer for
approval in conjunction with the Building Application. A Building Approval shall
not be granted until the Shire Engineer has approved of the carparking and access
scheme.

Payment to Council of $70,000 in lieu of 7 off-street car parking spaces, prior to
issue of Building Approval.

Two shops only have been approved. In the event that either shop is used as food
premises, the following conditions shall apply:-

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

b. An annual licence is to be obtained under the Food Hygiene Regulations of
1989 from Council's Health Department.

c. Provision of separate toilet facilities for patrons, in addition to staff toilet
facilities, in accordance with The Building Code of Australia.

d. Any outdoor dining on the site is permitted to a maximum 10 seats only per
shop.

There is to be no detrimental effect upon the amenity of the neighbourhood by reason
of the creation of excessive noise, lighting nuisance or other emissions.

The open space and setback areas are to be landscaped in accordance with Council's
Policy on Landscaping Guidelines and a properly prepared landscape plan to be
submitted to and approved by the Shire Planner, prior to the issue of a Building
Approval. Such landscaping is to be completed in accordance with the approved
landscape plan, prior to the premises being occupied and maintained at all times
thereafter to the reasonable satisfaction of the Shire Planner.

The landscaping plan shall particularly account for the following:-

a. The provision of at least three planted landscaped features in the Hastings
Street setback area including one on the western side of the driveway.

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Town Planning Consent Permit - TPC 2618 Page 3

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b. The wall facing the beach shall have an average setback of 2 metres.

c. Landscaping on the seaward side of the wall referred to above, shall extend to
Council's constructed boardwalk.

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. This condition does not apply to existing palms within the site

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

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

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

The footpath across the frontage of the site is to be fully paved from the kerb and
channel to the property alignment and landscaped to the satisfaction of the Shire
Engineer.

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

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

Roof and surface water (including the carparking area) is to be collected on site and
is to be discharged through a single underground drain line into existing drainage in
Hastings Street to the satisfaction of the Shire Engineer. A Building Approval shall
not be granted until the Shire Engineer has approved of the drainage scheme.

Provision of refuse chutes, in accordance with Council's Policy for the storage of
refuse in bulk containers. Loading areas are to be located off street to the satisfaction
of Council's Shire Engineer and Environmental Health Officer.

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

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Town Planning Consent Permit - TPC 2618 Page 4

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

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

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

Approval is to be obtained from the Beach Protection Authority for buildings or other
structures proposed to be located within the Coastal Management Control District.

Access to the rooftop terrace area is approved to be by means of the external staircase
as indicated on the submitted drawings.

al. Deleted 30 Mey 201d

Submission of a cash bond or trading bank guarantee to the sum of $20,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or
trading bank guarantee will be returned upon performance of the conditions of
approval.

The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval for the purposes of litigation should the use not be
conducted in accordance with this approval.

The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the
Local Government (Planning and Environment) Act if commencement of erection or
works have not been made in accordance with that Permit or the rights conferred by
that Permit are not exercised within two (2) years of the date of issue of the Permit.

The Town Planning Consent Permit lapses where:-

a. the use or erection of a building or other structure associated with the use, has
not been commenced within four (4) years of the date of issue of the Town
Planning Consent Permit, unless application is made and approved by
Council for an extension; or

b. the use of any premises pursuant to the Town Planning Consent Permit ceases
for a period of twelve (12) months.