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Appendix A - Copy of Existing Approval · 132008.1128

Attached to the e-mail 132008.1128.01 Request to change and extend development approval - - Grasstree Court, Sunrise Beach.

of 31

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                                                                      Officer:                       Denis Wallace
                                                                      Direct Telephone:              (07) 5449 5179
                                                                      Fax:                           (07) 5475 7277
                                                                      Our Reference:                 DW008:TS:132008.1128
                                                                      Your Reference:
        20 December 2011


        Blue Care
        C/- J B Goodwin, Midson & Partners
        1/12 Technology Drive
        KAWANA WATERS OLD 4575


        Dear Sir/Madam

                                                          Decision Notice
                                                   Integrated PlannIng Act 1997

        I refer to your application and advise that on 19 December 2011 Council decided to
        approve the application in full subject to conditions.

        Details of the decision are as follows:

     I APPLICATION DETAILS
        Application No:                               132008.1128
        Street Address:                               Grasstree Ct SUNRISE BEACH OLD 4567
        Real Property Description:                    Lot 6 RP 901384
        Planning Scheme:                              The Noosa Plan (3 March 2008)

      I DECISION DETAILS
        The following types of approvals have been issued:

            •    Development Permit for a Material Change of Use for Multiple Housing - Type 3
                 Retirement & Special Needs; Commercial Business - Type 2 Medical and Wellbeing
                 - Type 1 Health

            •    Development Permit for Reconfiguring a Lot (1 into 2 lots).

      I RELEVANT PERIOD OF APPROVAL
        The relevant period for this development approval is identified in the Assessment Managers
        Conditions.




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                                                                                 132008.1128
I ASSESSMENT MANAGER CONDITIONS
 DEVELOPMENT PERMIT CONDITIONS FOR A MATERIAL CHANGE OF USE
 (MULTIPLE HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL
 BUSINESS - TYPE 2 MEDICAL; AND WELLBEING - TYPE 1 HEALTH)

 PLANNING

 General
 1.    The development shall be undertaken in accordance with this approval and must
       generally comply with the approved plans of development.
 2.    The applicable requirements of this development approval are to be effected, prior to
       the use of any stage of the development. Council reserves the right to call upon the
       bond or guaranteed sum referred to in this approval to effect compliance with
       conditions.
 3.    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.
 4.     The requirements for Reconfiguring a Lot included in this development permit must be
        completed prior to the commencement of any use and may not be abandoned.

 Nature and Extent of Approved Use
 5.     The approved development comprises the following:
        •    Multiple Housing - Type 3 Retirement & Special Needs (109 x 2bdrm units)
        •    Commercial Business - Type 2 Medical (as indicated on approved plans)
        •   Wellbeing - Type 1 Health (118 beds).
 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 secure performance of all conditions of this approval, prior to
        the pre-start meeting for Stage 1 of the development. 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.
 Staging
 7.     The development may be staged in accordance with. the plan titled Masterplan
        Staging 0673_DA07/P1 dated October 2008 prepared by Smith + Tracey Architects.
 Relevant Period
 8.     The Development Permit for a material change of use of premises lapses if the use
        has not commenced within 6 years of the date of this approval (19 December 2017)
        and the development, including all works, completed within 8 years of the date of this
        approval (19 December 2019).




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Fencing to road frontages
9.    All fencing to road frontages of the site shall be setback a minimum of 1 metre and
      stepped in alignment at maximum 5 metre intervals. Fencing may be on the boundary
      only where it is less than 1.2 metres high or of open construction.
Built Form
10.   All buildings, including roofs, shall be finished in muted natural tones that blend with
      the natural surrounds. In particular, the apartment buildings visible from the west
      must be visually unobtrusive.
        Careful consideration must be given to the views of the development from the west
        and a darker colour palette to that indicated in the development application is
        required. A reduction in roof pitch to the apartment buildings should also be
      . considered to reduce visual bulk.
        Detailed architectural renderings showing finishes and colours of the apartment
        buildings must be submitted to Council for approval prior to the issue of an operational
        works approval.
11.     Transformers, waste storage areas and the like shall be screened to reduce their
        visual impact to the street.

LANDSCAPE & ECOLOGY

Flora
12.     In conjunction with an application for operational works on the site, the applicant must
        submit an operational works application for Vegetation Management for the
        development site. The Vegetation Management operational works application must
        detail:
          12.1.    Identification of all active Glossy Black Cockatoo food trees within the
                   development footprint or in areas likely to be impacted upon by the operation·
                   or construction of the development.
          12.2.    A Vegetation Clearing Offset program to be undertaken to re-establish the
                   habitat to be cleared from the site to a nearby location with similar soil
                   properties. A receiving site is to be identified and maintained for a specified
                   period (minimum 5 years) after the establishment of the receiving site.
          12.3.    The Vegetation Clearing Offset program must include the details of the
                   transfer methods to be engaged including:
                   12.3.1 The transfer of soil/seed bank media off the site to the designated
                          receiving site( s),
                   12.3.2 Methods of transfer including, inter alia, mastication of native
                          vegetative matter, tile transfer of live soil/plant matrix, peat locations
                          and extents, sexual and vegetative methods of revegetation of offset
                          receiving site and other deemed pertinent matters by a person with
                          industry experience in the successful establishment and/or re-
                          establishment of heath land vegetation
                   12.3.3 Transfer of rare and threatened plant species (sexual and/or
                          vegetative ),




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                   12.3.4 Details of pre-treatment works prior to transfer of soil/seed bank
                          media off the site and methods of transplanting.
                   12.3.5 Details of seed collections times and estimated establishment
                          procedures and times.
                   12.3.6 Details of the receiving site, including tenure, contractual details,
                          establishment, monitoring and maintenance details and suitability of
                          the site for the purpose.
                   12.3.7 All information must be prepared by a person with industry
                          experience in the successful establishment and/or re-establishment
                          of heathland vegetation. Industry and educational institution
                          involvement is recommended.
13.   The Vegetation Management operational works application must detail the protection
      of vegetation off site from the impacts of clearing. That is, the demarcation of the
      vegetation to be retained by the use of temporary fencing or alike.
14.   The Vegetation Management operational works application must detail the location
      and extent of vegetation disturbance on Lot 1 SP 177650 and Lot 6 RP 901384 must
      be accurately marked on-site, including any setback requirements for bushfire
      mitigation purposes, for Council officers to inspect prior to commencement of any
      vegetation clearing.
Fauna
15.    Vegetation must only be removed or disturbed in accordance an approved Fauna
       Management Plan for the development must be prepared by a qualified person and
       submilted to Council prior to the issue of any Development Permit for Operational
       Works.
         15.1.     The fauna management plan is to detail the methods to ensure the fauna
                   values of the site are managed in a way that the removal of vegetation from
                   the site does not cause immediate harm to fauna. The application must
                   ensure spolter/catchers are engaged and reports are supplied to the relevant
                   statutory authorities. The fauna management plan is to prohibit on-site dogs
                   or cats during the construction process and prohibit cats or dogs during the
                   operational use of the site.
16.    All identified Glossy Black Food trees are to be propagated at a ratio of 8: 1 from the
       parent tree and replanted in landscaping areas on the development site and
       maintained for a specified period of time (minimum 3 years).
17.    All protected vegetation removal must be undertaken in accordance with the relevant
       provisions of applicable legislation. Any operational works application must detail the
       clearing procedures and address any relevant Koala clearing guidelines or
       regulations.
18.    Any lighting to the development is not to impact on the ecological values of the
       adjacent National Park and the southern portion of Lot 1 SP 177650, i.e. lighting must
       not be directed toward, and light spill must be minimised to, the adjacent National
       Park or remnant vegetation to the south. Details of the design ·response to this
       requirement must be submilted with the application for operational works.
19.    With the exception of fencing to the boundaries with adjoining residential allotments or
       the Sunrise Beach shops, any new fencing to delineate boundary alignments must be
       constructed to allow for the movement of fauna. Such fencing must:




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         19.1.    Allow adequate clearance at ground level for local macropods
         19.2.     Not include any use of barbed wire or similar materials
         19.3.     Provide regular opportunities for passage over and through for local native
                   fauna
20.   Any new fencing to common boundaries with adjoining residential allotments or the
      Sunrise Beach shops shall be of timber construction or incorporate timber koala poles
      of at least 200mm diameter at maximum centres of 10 metres.
Bushfire
21.   An amended Bushfire Management Plan (BMP) must be submitted that demonstrates
      all bushfire mitigation measures contained in the BMP have been assessed by a
      competent person from the Queensland Fire and Rescue Service (QFRS) and a copy
      of their assessment is to be provided to Council for further consideration. The
      amended BMP is to incorporate any recommended QFRS changes and is to consider
      the impacts of smoke and fire safety with relation to the health and safety of residents
      within an aged care facility.
22.   An updated Bushfire Management Plan must be submitted and include all detailed
      relevant information for the operational use of the proposed development. This
      information is to include, inter alia, building setbacks to hazardous vegetation, bushfire
      attack level of construction, emergency evacuations procedures and accommodate
      the inclusion of local native species in the landscaping of the development. Reliance
      on land managers outside of the development area for reducing bushfire risk must not
      be a bushfire response strategy. That is, the development site must be able to
      appropriately respond to external risks from fire independently, considering the fire-
      prone natural environment in which it is proposed.
23.    A bushfire evacuation plan for the site must be prepared by a qualified person,
       endorsed by QFRS and submitted to Council prior to the issue of any Development
       Permit for Operational Works.
24.    A copy of the bushfire evacuation plan for the development must be provided to the
       nearest fire authority.
25.    The development must be carried out in accordance with an approved Bushfire
       Management Plan for the development.
Landscaping
26.    A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or
       Horticulturalist and shall be in accordance with Council's Landscaping Code of The
       Noosa Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
       The Landscaping Plan shall be submitted and approved as part of an application for
       Operational Works. The Landscaping Plan shall address landscaping treatments for
       the development including internal streetscapes, buffer areas and open space areas,
       adjoining road network and properties, including:-
         26.1.     Incorporation of koala sensitive design and koala food trees.
         26.2.     Incorporation of Glossy Black Cockatoo food trees.
         26.3.     Screening vegetation to buildings, including western elevations and any
                   subfloor areas.
         26.4.     Landscaping treatments to internal road network and between buildings.




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         26.5.     Landscaping treatments to open space areas, including any rehabilitation
                   and planting enhancement requirements drainage basins;
         26.6.     Landscape buffers and fencing to adjoining properties.
         26.7.     The location of pedestrian pathways and seating within the site and on the
                   road reserve adjoining the site.
         26.8.     All plant species are to be local native species suitable for the site (excluding
                   turf species).
         26.9.     Such landscaping is to be completed in accordance with the approved
                   landscaping plan prior to acceptance of the development on maintenance.
         26.10. 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.
         26.11. Landscaping to the internal portions of the development site in accordance
                with Division 17 Landscaping Code of the Noosa Plan and Planning Scheme
                Policy 3 Landscaping Plants and Guidelines, ensure koala sensitive design
                including koala food trees, and Glossy Black Food trees. Due to the location
                of the proposed site adjacent to National Park, all plant species are to be
                local native coastal species, excluding turf species.
         26.12. Landscaping outcomes are to ensure comprehensive local native planting
                occurs on the development site and the BMP is to be amended to
                acknowledge this outcome.

CIVIL ENGINEERING

Roadworks
27.    Prior to the commencement of use of Stage 1 of the development, the applicant must
       construct an eastern extension of Grasstree Court, incorporating kerb and channel on
       both sides, to provide a direct connection to Ben Lexcen Drive. The centre of the
       intersection of the Grasstree Court extension with Ben Lexcen Drive must be located
       in line with the common property boundary between 38 Ben Lexcen Drive and 40 Ben
       Lexcen Drive. The Ben Lexcen Drive service road carriageway must be realigned as
       necessary to intersect at a right angle with the Grasstree Court extension. The
       roadworks and intersection must be of sufficient size to cater for large vehicles,
       including Council's articulated library vehicle, to access Grasstree Court, the frontage
       of the local shops and the Lipton Street roundabout.
       All associated and ancillary work including pavement correction to the existing
       pavement, drainage works, modification of the footpath, and adjustments to the
       existing infrastructure shall be undertaken to complete the roadworks.
       In this regard a schedule of works, specifications and plans detailing this work shall be
       prepared and submitted to Council for approval prior to obtaining a Development
       Permit for Operational Works
28.    Prior to the commencement of use of Stage 1 of the development, the applicant must
       relocate the existing bus stop on the western side of Ben Lexcen Drive near Grasstree
       Court to a location opposite 44 Ben Lexcen Drive. The existing carriageway must be
       widened at the location of the bus stop as necessary to provide an indented bus bay
       at least 3 metres wide, measured between the kerb and existing marked edge line.




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      The design of the bus bay must be in accordance with Austroads' Guide to Road
      Design. A bus shelter, in accordance with Translink requirements, must be installed at
      the bus stop. A concrete footpath, at least 2 metres wide, must be constructed on the
      western side of Ben Lexcen Drive from the Grasstree Court extension to the re-
      located bus stop.
       All associated and ancillary work including drainage works, modification of the
       footpath, and adjustments to the existing infrastructure shall be undertaken to
       complete the works.
Frontage Works
29.    Footpath improvements such as topsoiling, grassing, and tree planting are required to
       the Grasstree Court and Ben Lexcen Drive frontages of the site in accordance with
       Planning Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass shall be
       couch, free of weeds.
30.    Prior to the commencement of use of Stage 1 of the development, the applicant must:
         30.1.     Remove the existing roadway and footpath connection between Ben Lexcen
                   Drive and the adjacent service road through the north-east corner of Lot 1
                   SP177650 and across the Ben Lexcen Drive verge. Kerb must be re-instated
                   on the western side of Ben Lexcen Drive where the roadway connection
                   currently joins and a concrete footpath, at least 2 metres wide, must be
                   constructed along the western verge of Ben Lexcen Drive from this point up
                   to the intersection with the Grasstree Court extension,
         30.2.     Construct a concrete footpath, at least 2 metres wide, along the full length of
                   the southern side of Grasstree Court up to the footpath to be constructed on
                   the western side of Ben Lexcen Drive, and
         30.3.     Construct a concrete footpath, at least 2 metres wide, along the full length of
                   the northern side of Grasstree Court up to the existing footpath at the
                   eastern end of Grasstree Court.
31.    Pram ramps shall be installed at the intersection of Grasstree Court and Ben Lexcen
       Drive and wherever needed to direct pedestrians across the road.
32.    All paths, pram ramps, driveways and parking areas shall be designed and
       constructed to ensure pedestrian safety using non-slip materials, to produce an evenly
       graded surface finish, and to be in accordance with the Disability Discrimination Act
       1992 and Australian Standard 1428.1 Design for Access & Mobility.
33.    Pedestrian crossings shall be provided in Grasstree Court generally as shown on
       drawing number 0673_DA07/P1 "Master Plan" prepared by Smith + Tracey Architects
       dated October 2008. The crossing shall include linemarking and suitable signage in
       accordance with the MUTCD.
34.    All redundant vehicular crossings to the site shall be removed and replaced by kerb &
       channel, footpath paving and landscaping such as trees and grasses in accordance
       with Council's Standard specifications prior to commencement of the use permitted by
       this permit.
Vehicle Access
35.    Vehicular access driveways to service the development shall be constructed from the
       Grasstree Court frontages of the site. The driveways shall be generally in accordance
       with Council's standard drawing SEQ R-051 and drawing number 0673_DA07/P1
       "Master Plan" prepared by Smith + Tracey Architects dated October 2008.




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                                                                             132008.1128
36.   The 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 not comply with AS/NZS
      2890.1-2004 and AS 2890.2-1989, 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.
37.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
      footpath, the driveways and any associated fencing or vegetation near the driveways
      shall comply with the minimum sight line requirements as defined in AS 2890.1,
      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.
38.   All vehicles shall enter and leave the sites in a forward direction.
39.   The vehicle access driveway to proposed carparking level in Apartment Building 3
      must be constructed prior to the commencement of the use in Apartment Building 3.
40.   All internal roads shall be designed and constructed in accordance with Council's
      Planning Scheme Policy 5 - Engineering Design Standards - Roads, Drainage and
      Earthworks. The roads shall be:
         40.1.     Generally in accordance with drawing number 0673_DA07/P1 "Master Plan"
                   prepared by Smith + Tracey Architects dated October 2008,
         40.2.     A minimum width of 5.5 metres, and
         40.3.     Suitable for Council's refuse collection vehicle to traverse through the site
Car Parking
41.    Carparking shall be provided within the sites generally as shown on· drawings
       numbered 0673_DA_ADD_P47 "Masterplan/Carpark Layout" prepared by Smith +
       Tracey Architects dated October 2008, 0673_DA13/P1 "Residential Aged Care -
       Basement" prepared by Smith + Tracey Architects dated May 2008, 0673_DA22/P1
       "Apartment Buildings - Basement" prepared by Smith + Tracey Architects dated May
       2008 and within the "Independent Living Units" as shown the approved floor plans,
       except as modified herein.
42.    On road visitor spaces within the site shall be indented or staggered such that vehicle
       movements and passing opportunities are not adversely affected.
43.    Turning/manoeuvring areas shall be provided within each of the basement parking
       areas of the "Apartment Buildings".
44.    One of the carspaces at the western end of the ground floor parking area of the
       "Residential Aged Care" shown on drawing number 0673_DA11/P1 shall be dedicated
       as a turning/manoeuvring area.
45.    One of the carspaces at the eastern end of the basement parking area of the
       "Residential Aged Care" shown on drawing number 0673_DA13/P1 shall be dedicated
       as a turning/manoeuvring area.




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46.   The carparking areas shall be designed to comply with the provisions of AS/NZS
      2890.1-2004 (user Class 1A for Residential, Class 1 for Staff and Class 3 for Visitors),
      AS/NZS 2890.6:2009 (Disabled spaces) and AS 2890.2 (Commercial) with allowance
      for vehicles to enter and leave the site in a forward gear and with a minimum head
      clearance (headroom) at any point of 2.2m.
47.   The required turning/manoeuvring areas shall be line-marked with chevrons and have
      the words "No Parking" painted on the pavement. A sign shall also be provided to
      indicate that the area is a "Turning Area Only" and that "No Parking is Permitted".
48.   All carparking shall be kept, maintained and line-marked in a condition fit for use.
49.   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.
Roof Water & Stormwater Drainage
50.   Roof runoff from any new dwelling/building shall be directed to a rainwater storage
      system or tank that is installed to ensure water from the rainwater storage system or
      tank is used for external uses (such as watering gardens, irrigation, ornamental
      ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for
      internal (ground floor) use in washing machine cold taps and toilet cisterns. All
      rainwater tanks are to be designed and installed in accordance with the Queensland
      Development Code (QDC) current at the time of building approval, and shall be part of
      the plumbing application for approval. The location and capacity of the tanks shall be
      clearly shown on the plans submitted for Building Works / Operational Works approval
      and any overflow shall be directed to the approved stormwater drainage system.
Earthworks
51.   Earthworks required on site shall be carried out in accordance with Council's Planning
      Scheme Policy PSP5 - Engineering Design Standards, so as not to cause the
      additional ponding of water on any adjoining lands or the blockage of, or interference
      with, any natural watercourses.
52.    Earthworks carried out on site shall not affect the structural integrity of any of the
       existing fences and/or structures and/or lands 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.
Site Stability
53.    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.
General
54.    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 conjunction with an application for a
       Development Permit for Operational Works. In this regard a DXF/DWG file on GDA94
       zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with
       any application for Operational Works.




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55.    Digital detailed designs including drawings, calculations, specifications and a
       schedule of works, shall be submitted with any application for a Development Permit
       for Operational Works in respect of roadworks and stormwater drainage works. The
       design shall be in accordance with Council's Planning Scheme Policy PSP05 -
       Engineering Design Standards - Roads, Drainage and Earthworks. To avoid conflict
       with underground pipes or services, all existing and proposed services required by the
       development shall be shown on the plans.
56.    To facilitate production of As Constructed drawings it is suggested that all design
       drawings are submitted in the Asset Design and As Constructed (ADAC) digital
       format. (Guidelines on the use of ADAC are available at www.adac.com.au).
57.    A construction management plan/strategy to ensure no damage occurs to Council
       services shall be prepared by a suitably qualified Registered Professional Engineer
       and submitted to Council in conjunction with any application for Operational Works.
58.    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.
59.    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.
60.    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.
61.    As Constructed drawings and data shall be certified by a qualified experienced Civil
       Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the
       location, level and type of all services and structures. All of which shall be submitted
       to Council for checking and for Council's records.
       The data must fully detail levels for all engineering works including but not limited to
       drainage structures, finished ground levels and pavement surface levels. The data
       shall be submitted in the Asset Design and As Constructed (ADAC) digital format.
       (Guidelines on the use of ADAC are available at www.adac.com.au).
       Approval of works shall not be granted until all As Constructed information has been
       supplied and accepted by Council.

HYDRAULICS & WATER QUALITY

Stormwater Drainage
62.    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 designed in accordance with the requirements if the Queensland
       Urban Drainage Manual, and must include in particular the provision of a relief
       overland flowpath from the proposed sag point in the internal street drainage system.
       The development layout is to be amended as necessary to achieve compliance with
       this condition.




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Stormwater Quality Management
63.   A stormwater quality treatment system must be provided for the development which
      achieves compliance with the Management Objectives specified in Section 4 of the
      Girraween Stormwater Management Plan prepared by Ecological Engineering and
      dated 22/12/2006. The Stormwater Management Plan (SWMP) submitted with the
      application is specifically not approved and a revised site SWMP consistent with the
      above is required to be provided with the application for Operational Works. The
      revised site SWMP is to specifically address the following:
         63.1.     Stormwater detention storage for downstream flood mitigation is not required
                   for this site and is to be deleted from the design. The stormwater devices are
                   to be raised in order to eliminate or reduce retaining structures and instead
                   provide batters to the biofiltration surface
         63.2.     Revised MUSIC modelling is to be provided demonstrating how the
                   Girraween Stormwater Management Plan pollutant load reduction targets
                   and frequency of discharge targets for surface flows to the national park will
                   be achieved
         63.3.     Groundwater and in-situ infiltration testing is to be undertaken at the RL of
                   the proposed infiltration surface/interface for each proposed device and is to
                   be used to inform the design
         63.4.     Level spreaders must be provided at the interface between all discharge
                   locations and the adjoining National Park. The plans must be supported by .
                   calculations demonstrating all proposed level spreaders are appropriately
                   sized to dissipate flows at non-erosive velocities for peak runoff events up to
                   and including the 1 in 100 year ARI event of critical duration. Level spreaders
                   are to be provided parallel to the downstream natural surface contours.
64.    The works must be undertaken in accordance with an Operational Works approval
       and the latest version of the Water Sensitive Urban Design Technical Design
       Guidelines for South East Queensland, and must include in particular:
         64.1.     Stormwater quality treatment devices of a size and location generally in
                   accordance with those documented in the revised site SWMP required by
                   the above condition; and
         64.2.     Bioretention devices which:
                   64.2.1. Are designed generally in accordance with IPWEQA Standard
                           Drawing No. WSUD-001
                   64.2.2. Incorporate a coarse sediment forebay (in addition to the required
                           filter media surface area), which is sized in accordance with the
                           latest version of the Water Sensitive Urban Design Technical Design
                           Guidelines for South East Queensland and designed generally in
                           accordance with IPWEQA Standard Drawing No. WSUD-005
                   64.2.3. Have safe, unobstructed and all weather access from the road
                           frontage for maintenance purposes, particularly for the coarse
                           sediment fore bay
                   64.2.4. Are provided with a high flow bypass to ensure that flows which
                           exceed the treatment capacity of the device are bypassed in order
                           to avoid damaging of the filter media or subjecting the filter media to
                           excessive sediment loads.




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Page 12

                                                                                  132008.1128
                   64.2.5. Are provided with a free-draining outlet from the sub-soil drainage
                           system
65.    All stormwater quality treatment devices must be maintained in accordance with a
       Maintenance Manual prepared for the development by a qualified person and
       submitted to Council prior to the issue of any Development Permit for Operational
       Works. The Maintenance Manual must include:
         65.1.     A plan showing the location of the individual components of the system
         65.2.     Manufacturer's data and product information sheets for any proprietary
                   products
         65.3.     Location of inspection and monitoring points shown clearly on the plan
         65.4.     A schedule or timetable for the proposed regular inspection, maintenance
                   and monitoring of the devices.
         Records of all maintenance activities undertaken must be kept and made available
         to Council upon request.

66.    Permanent educational signage must be erected to educate the residents of the
       development about the function of the bioretention devices. The dimensions,
       standard, presentation and location of the educational signage must be in accordance
       with an Operational Works approval.

ENVIRONMENTAL HEALTH

Waste Management
67.    The development must be provided with 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(s) correctly sized for the required number of refuse, recycling and commercial
       waste containers and suitably screened from public places and neighbouring
       properties. A bin wash area(s) is required with a cold-water tap, hose and drain outlet
       connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent
       storm water entry to the sewerage system and this can be achieved with a nib wall
       50mm high and up to 700mm x 700mm wide (max O.5m2), or alternatively the waste
       area can be roofed, or any other design approved by Council's Environment &
       Landscape Assessment Unit.
68.    The layout, design and construction of the development shall be such that the largest
       design refuse collection vehicle (RCV) required to service the site, is afforded easy,
       safe and unobstructed access and manoeuvring whilst collection occurs. In particular,
       the route taken by the RCV must allow for entry and exiting of the site in a forward
       direction. Internal trafficable roads shall be designed to accommodate the swept path
       of the largest design RCV.
69.    On refuse collection day, the site management entity shall be responsible for the
       placement of refuse bins at a location which affords easy, safe and unobstructed
       access for the cleansing contractor.




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Page 13

                                                                               132008.1128
70.   A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
      No.9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises",
      shall be developed and implemented on site, the contents of which shall be endorsed
      by Council's Environment & Landscape Assessment Unit prior to or at the time an
      application is made for operational works. The Waste Management Plan must include
      the following as a minimum: -
         70.1.     The types and estimated volumes of waste that will be generated from the
                   activities approved within the development.
         70.2.     Methods to be used for dealing with garden waste.
         70.3.     Initiatives to minimize waste either by waste prevention, reduction, re-use or
                   recycling.
         70.4.     Description of procedures and clearly identified site responsibilities for all site
                   occupants for getting all waste to the bins; the storage of bins and the
                   collection of bins by the contractor.
         70.5.     A description of the design details of waste storage and recycling areas
                   including size, location, elevation and floor plan, methods of bin washing and
                   system to prevent storm water getting into sewer via the bin wash.
         70.6.     A description of types and volume of waste storage containers to be used,
                   and the collection frequency of containers,
         70.7.     The waste and recycling storage area shall include the provision of
                   containers for all waste and recycling materials including putrescible matter,
                   non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste
                   oil, styrofoam boxes, etc, and bin washing facilities connected to sewer.

UNITYWATER

Water & Sewage
71.    A single Unitywater installed primary water meter must be provided immediately inside
       the property boundary of each Lot (excluding balance Lot 1). Additional water meters
       must be installed for each tiUe of a community tiUe or sub-lease scheme. Meters must
       be Unitywater approved, installed in accordance with Unitywater requirements and
       remain accessible at all times for reading and maintenance purposes.
72.    The fire-fighting demand on Unitywater's water supply system from the development
       must not exceed 15litres per second.
73.    Construction activities must not impede the access of Unitywater or Fire Brigade
       personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers)
74.    A minimum clearance of 1.5 metres must be maintained between Unitywater sewers
       and proposed building envelopes, buildings (including roof overhang) and other
       structures.
75.    The proposed bio-retention basins must be located a minimum of 1.5 metres from
       Unitywater sewerage infrastructure and clear of any sewer easement.
76.    The level of the existing sewer access chambers within the development site must be
       adjusted to suit the proposed finished surface levels. Work must be undertaken by
       Unitywater at the applicants cost.




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Page 14

                                                                              132008.1128
77.   Stormwater 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
      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.




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                                                          132008.1128
DEVELOPMENT PERMIT CONDITIONS FOR RECONFIGURING A LOT (1 LOT INTO 2)

General
1.     Development undertaken in accordance with this approval must generally comply with
       the approved plans of development.
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.
Relevant Period
3.     The relevant period is four (4) years from the day this permit takes effect and ends on
       14 December 2015, during which time all conditions must have been complied with,
       and the Plan of Survey lodged with Council for endorsement, unless an application to
       extend the relevant period is approved by Council.
Nature Refuge Dedication
4.     In accordance with former Noosa Shire Council resolution of its Ordinary Meeting of
       29 March 2007, the balance undeveloped Open Space conservation portion of Lot 1
       SP177650 must be gazetted a Nature Refuge under the Queensland Nature
       Conservation Act. Evidence of the initiation of the gazellal process must be provided
       to Council within 3 months of sealing of the plan of survey associated with this
       approval.

Water & Sewage
5.     Reticulated water must be provided to each lot in the development (excluding balance
       Lot 1). This must include:
         5.1.      Works in accordance with the approved findings of the water supply network
                   analYSis by Worley Parsons, dated 30 July 2008.
         5.2.      Construction of a new 150mm diameter watermain to Unitywater standards
                   from the existing 200mm watermain in Ben Lexcen Drive to the existing
                   1OOmm diameter watermain in the Culdesac of Grasstree Court.
         5.3.      A water service and approved water meter for each lot in accordance with
                   Unitywater Standard Drawings SCW 350,355 and 360.
         5.4.      Water meters located on alternative boundaries to electrical pillars.
6.     Reticulated sewerage must be provided to each lot in the development (excluding
       balance Lot 1). This must include:
         6.1.      Creation of a new Lot for the existing Unitywater sewer pump station and
                   dedication of the lot in favour of Unitywater.
         6.2.      Layout of the pump station access and parking areas within the pump station
                   Lot in accordance with Unitywater standard drawing SCW 501 or agreed
                   alternative configuration to suit existing infrastructure layout.
7.     A 3.0 metre wide easement must be provided over all Unitywater sewers located in
       private property including the sewer rising main. A 4.0 metre wide easement must be
       provided over Unitywater sewers greater than 3.0 metres deep. Easements must be
       located centrally over the main.




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Page 16

                                                                               132008.1128

I REFERRAL AGENCY CONDITIONS
  Referral Trigger         Referral          Referral Agency     Referral Address
                           Status

  Vegetation Clearing      Concurrence       Department of      PO Box 573, NAMBOUR
                                             Environment and    OLD 4560
  IPR schedule 2, table
                                             Resource
  3, item 11 (MCU)
                                             Management
  IPR schedule 2, table
  2, item 4 (ROL)
  Koala Conservation       Concurrence       Department of       PO Box 573, NAMBOUR
                                             Environment and     OLD 4560
  IPR schedule 2, table
                                             Resource
  3, item 18 (MCU)
                                             Management
  IPR schedule 2, table
  2, item 33 (ROL)
  Wetlands                 Advice            Department of       PO Box 573, NAMBOUR
                                             Environment and     OLD 4560
  IPR schedule 2, table
                                             Resource
  3, item 20 (MCU)
                                             Management
  IPR schedule 2, table
  32, item 38(ROL)
  Conservation Estate      Advice            Department of       PO Box 573, NAMBOUR
                                             Environment and     OLD 4560
  IPR schedule 2, table
                                             Resource
  3, item 40 (MCU)
                                             Management
  IPR schedule 2, table
  2, item 39 (ROL)

 Copy of the referral agency conditions is attached.

 DERM Concurrence and Advice Agency Response -                 Reference IC0708GYM0012:
 2008/006268 dated 16 June.




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Page 17

                                                                                 132008.1128

I PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the
following tables:

 Approved Plans

 Plan No.                  Rev.   Plan Name                                      Date
 7448-06                          Lots 1 & 9 Cancelling Lot 1 on SP177650        15 May 2008
                                  Prepared by Conics (Sunshine Coast) pty
                                  Ltd
 DA07                      Pi     Masterplan prepared by smith + tracy           November
                                  architects                                     2008
 DA11                      Pi     Residential Aged Care - Ground Floor /         November
                                  Site Plan prepared by smith + tracy            2008
                                  architects
 DA12                      Pi     Residential Aged Care - First          Floor   November
                                  prepared by smith + tracy architects           2008
 DA13                      Pi     Residential Aged Care -           Basement     November
                                  prepared by smith + tracy architects           2008
 DA14                             Residential Aged Care - N          and W       May 2008
                                  Elevations prepared by smith       + tracy
                                  architects
 DA15                             Residential Aged Care - S and E                May 2008
                                  Elevations prepared by smith + tracy
                                  architects
 DA16                      Pi     Residential Aged Care - Village Site Plan      November
                                  prepared by smith + tracy architects           2008
 DA17                      Pi     Central Facilities & Serviced Apartments -     November
                                  Ground Floor prepared bX smith + tracy         2008
                                  architects
 DA18                      Pi     Apartment Type sa:-1 b & 2b prepared by        November
                                  smith + tracy architects                       2008
 DA19                             Central Facilities & Serviced Apartments -     May 2008
                                  Level 1 prepared by smith + tracy architects
 DA20                             Central Facilities & Serviced Apartments -     May 2008
                                  Elevations and Section prepared by smith +
                                  tracy architects
 DA21                             Central Facilities & Serviced Apartments -     May 2008
                                  Sand W Elevations prepared by smith +
                                  tracy architects
 DA22                      Pi     Apartment Buildings - Basement prepared        November
                                  by smith + tracy architects                    2008




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Page 18

                                                                               1320081128
DA23                       P1   Apartment Buildings - Level 1 prepared by      November
                                smith + tracy architects                       2008
DA24                       P1   Apartment Buildings - Level 2 prepared by      November
                                smith + tracy architects                       2008
DA25                            Apartment Type a1-2b & a3-2b+s prepared        November
                                by smith + tracy architects                    2008
DA26                            Apartmeni Type a2-2b & a4-2b prepared          November
                                by smith + tracy architects                    2008
 DA27                           Apartment Buildings - Elevations prepared      May 2008
                                by smith + tracy architects
DA28                            Apartment Buildings - Elevation and            May 2008
                                Section prepared by smith + tracy
                                architects
 DA31                           ILU Type b-2b1 g prepared by smith + tracy     May 2008
                                architects
 DA32                           ILU Type b-2b+s/2g prepared by smith +         May 2008
                                tracy architects
 DA33                           ILU Type c-2b1g prepared by smith + tracy      May 2008
                                architects
 DA34                           ILU Type c-2b+s/2g prepared by smith +         May 2008
                                tracy architects
 DA35                           ILU Type d-2b+s/2g prepared by smith +         May 2008
                                tracy architects
 DA36                           ILU Type h-2b1 g prepared by smith + tracy     May 2008
                                architects.
 DA37                           Independent Living Units - Elevations          May 2008
                                prepared by smith + tracy architects
 DA38                           Independent Living Units      -   Elevations   May 2008
                                prepared by smith + tracy architects
0673 DA ADD P47                 Masterplan/Carpark Layout prepared       by    May 2008
                                smith+ tracy architects


17. PLANS/DOCUMENTS REQUIRING AMENDMENT
 Plans Requiring Amendment

 Not Applicable.




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                                                                                   132008.1128

I ADVISORY NOTES
 The following Advisory Notes are for information purposes only and do not form conditions
 of approval:

 1.     The applicant is advised that a Compliance Permit for all plumbing and drainage
        works within the boundaries of the development site shall be obtained from Council's
        Plumbing Services Section prior to obtaining a Development Permit for Building
        Works.
 2.     Connection to the Unitywater live water supply and live sewerage system must be
        undertaken by Unitywater at the applicants cost.
 3.     A Trade Waste permit is required prior to any stormwater, groundwater or sump pump
        discharge into Unitywater's sewerage system.
 4.     Trade waste generated on-site shall be subject to Unitywaters Trade Waste Policy
        and the Water Supply (Safety & Reliability) Act 2008. The applicant is advised to
        contact Unitywater's Trade Waste Officer on 54318333 to determine trade waste
        requirements.
 5.     The Environmental Protection Act 1994 states that a person must not carry out any
        activity that causes, or is likely to cause, environmental harm unless the person takes
        all reasonable and practicable measures to prevent or minimise the harm.
        Environmental harm includes environmental nuisance. In this regard persons and
        entities, involved in the civil, earthworks and construction phases of this development,
        are to adhere to their 'general environmental duty' to minimise the risk of causing
        environmental harm.
 6.     Environmental harm is defined by the Act as any adverse affect, or potential adverse
        affect whether temporary or permanent and of whatever magnitude, duration or
        frequency on an environmental value and includes environmental nuisance.
        Therefore, no person should cause any interference with the environment or amenity
        of the area by reason of the emission of noise, vibration, smell, fumes, smoke,
        vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or
        otherwise, or cause hazards likely in the opinion of the administering authority to
        cause undue disturbance or annoyance to persons or affect property not connected
        with the use.
 7.     The management of clinical waste must be conducted in accordance with the
        provisions of the Environmental Protection (Waste Management) Regulation 2000-
        Part 5 Management of clinical and related wastes.
 8.     Due regard should be given to the design and location of noise emitting fixed plant
        and equipment and any acoustic treatment that may be required. It is advised that an
        appropriately qualified acoustic consultant be involved with the selection and
        installation of such equipment. A qualified acoustic consultant can give advice on how
        to best locate and design the equipment such that it can meet statutory noise or
        planning requirements.




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Page 20

                                                                                   132008.1128
9.     In accordance with the Public Health Act 2005, rainwater tanks must be constructed
       with mosquito proof screens (made from either brass, copper, aluminium or stainless
       steel), and constructed with a mesh size of no more than 1mm, and must be installed
       in a way that does not accelerate corrosion. Tanks that contain flap valves must be
       installed so that when closed, mosquitoes cannot pass through the valve. It is
       unlawful under the Public Health Act 2005 to construct, install or be in possession of a
       tank that does not comply with these requirements.
Infrastructure Contributions
10.    This development permit may trigger an "Adopted Infrastructure Charge Notice" (if
       applicable) to be issued in accordance with Councils "Adopted Infrastructure Charges
       Resolution (No.1) 2011" under the State Planning Regulatory Provision (Adopted
       Charges) and the "Sustainable Planning Act 2009".
Equitable Access and Facilities
11.    The plans for the proposed building work have NOT been assessed for compliance
       with the requirements of the Building Code of Australia - Part D3 as they relate to
       people with disabilities. Your attention is also directed to the fact that in addition to
       the requirements of the Building Code of Australia - Part D3 as they relate to people
       with disabilities, one or both of the following may impact on the proposed building
       work:
         (a)       the Disability Discrimination Act 1992 (Commonwealth); and
         (b)       Anti-Discrimination Act 1991 (Queensland).
         Sunshine Coast Regional Council recommends that the following matters be
         considered to address equitable access and facilities in the building:
         (a)       the building and environs should be designed to meet the requirements of
                   the Human Rights and Equal Opportunity Commission "Advisory Notes on
                   Access to Premises" and AS 1428.2;
         (b)       applicants should be aware that a "Disability Standard on Access to
                   premises" is currently being developed and most likely will impose changes
                   on the Building Code of Australia; and
         (c)       any services and facilities in the building complex should allow independent,
                   dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
12.    There may be a requirement to establish a Cultural Heritage Management Plan
       and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
         The ACH Act establishes a cultural heritage duty of care which provides that: "A
         person who carries out an activity must take a/l 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
         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 Co-ordination Unit on 07 3239 3647 to
         discuss any obligations under the ACH Act.




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                                                                                132008.1128

I PROPERTY NOTES
The following property notes will be placed against the subject property in Council's
property record system:

          MCU08/1128 - Stormwater Quality Treatment Devices
          This site is provided with stormwater quality treatment devices which capture and
          store pollutants from stormwater runoff generated on the site. These devices are
          required to be routinely checked and serviced/cleaned out as per the endorsed
          maintenance manual. Records of maintenance activities undertaken are to be kept
          and made available to Council Officers upon request.

I PRELIMINARY APPROVAL OVERRIDING SCHEME
 Not Applicable

I FURTHER DEVELOPMENT PERMITS REQUIRED
 •        Development Permit for Reconfiguration of a Lot (Sewage pump station lot creation
          and access easements)
 •        Development Permit for Operational Work for:
               o    Access and/or Carparking.
               o    Site Civil Works.
               o    Roadworks.
               o    Stormwater Drainage.
               o    Frontage Works.
               o    Vegetation Management, Clearing and Offset.
               o    Fauna Management.
               o    Landscaping.
               o    Erosion & Sediment Control.
 •        Development Permit for Building Work (All building works)

I SELF ASSESSABLE CODES
 The following codes for self-assessable development related to the development approval
 issued under this Decision Notice must be complied with:

 •        Advertising Devices Code

I SUBMISSIONS
 There were 5 properly made submissions about the application. In accordance with
 Integrated Planning Act 1997, the name and address of the principal submitter for each
 properly made submission is provided and attached.




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Page 22

                                                                                  132008.1128

I REASONS I GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
The Assessment Manager considers the decision conflicts with the planning scheme and
the following are sufficient grounds to justify the decision despite the conflict:

 1.     The development layout accords with the site's zonings following amendments to The
        Noosa Plan dated 11 May 2011 and master planning previously undertaken for the
        site, which include significant dedication of land for environmental conservation.

 2.     The proposed medical use is ancillary and complimentary to the development's aged
        care and residential uses.

 3.     The development addresses an identified need for aged care and retirement
        dwellings in the area and is supported by adopted Council strategies for housing and
        the elderly.

 4.     The site is well located to provide future residents with access to local services and
        transport.

I RIGHTS OF APPEAL
 You are entitled to appeal against this decision. A copy of the relevant appeal provisions
 from the Integrated Planning Act 1997 is attached.

 During the appeal period, you as the applicant may make written representations to Council
 about the conditions contained within the development approval. If Council agrees or part
 agrees with the representations, a "negotiated decision notice" will be issued. Only one
 "negotiated decision notice" may be given. Taking this ste'p will defer your appeal period,
 which will continue after Council makes its decision. (Refer to sections 3.5.17 and 3.5.18 of
 the Integrated Planning Act 1997.) .

I OTHER DETAILS
 Should you wish to obtain more information about Council's decision, electronic copies of
 which are available on line at www.sunshinecoast.qld.gov.au. or at Council offices.

 Yours faithfully




 DENIS WALLACE
 SENIOR DEVELOPMENT PLANNER

 Enc:     Adopted Infrastructure Charge Notice
          Approved Plans
          Referral Agency Conditions
          Appeal rights

 cc       Dept Environment & Resource Management
          GPO Box 2454
          BRISBANE OLD 4001




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Page 23

                                                                       132008.1128 .


                          List of Submitters
                          INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



Tim Lennon
Songbird Films
PO Box 1700
NOOSA HEADS OLD 4567

Jill Chamberlain
Hon Secretary
Wildlife OLD
PO Box 275
CALOUNDRA OLD 4551

Mrs P Sykes
33 Ross Crescent
NOOSA HEADS OLD 4567

Allison Basclain
60 Cary Street
WYOMING NSW 2250

Joanne Smith
41 Kestrel Crescent
PEREGIAN BEACH OLD 4573




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Page 24

                                                                                                                                 132008.1128



                                                         Appeal Rights
                                                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




IThe following is an extract from the Integrated Planning Act              Appeals for
                                                                           respondents)
                                                                                            matters     arising   after   approval   given   (co-
i (Chapter 4).
                                                                           4.1.30.(1) For a development approval given for a development
Division 8 - Appeals to court relating to development                      application, a person to whom any of the following notices have been
applications                                                               given may appeal to the court against the decision in the notice·
Appeals by applicants                                                      (a) a notice giving a decision on a request for extension of the
4.1.27.(1) An applicant tor a development application may appeal to            currency period for an approval;
the court against any of the following-
                                                                           (b) a notice giving a decision on a request to make a minor change
 (a) the refusal, or the retusal in part, of a development application;        to an approval.
 (b) a matter stated in a development approval, including any                 (2) The appeal must be started within 20 business days after the
     condition applying to the development, and the identification of a    day the notice of the decision is given to the person_
     code under section 3.1.6;
                                                                              (3) Subsection (1)(a) does not apply if the approval resulted from
 (e) the decision to give a preliminary approval when a development        a development application (superseded planning scheme) that was
     permit was applied for;                                               assessed as if it were an application under a superseded planning
 (d) the length of a currency period;                                      scheme.
 (e) a deemed refusal.                                                         (4) Also, a person who has made a request mentioned in
                                                                           subsection (1) may appeal to the court against a deemed refusal of
     (2) An appeal under subsection (1)(a) to (d) must be started
                                                                           the request.
 within 20 business days (the "applicant's appeal period") after the
 day the decision notice or negotiated decision notice is given to the         (5) An appeal under subsection (4) may be started at any time
 applicant.                                                                after the last day the decision on the maUer should have been made.
     (3) An appeal under subsection (1)(e) may be started at any time      Division 9 - Appeals to coult about other matters
 after the last day a decision on the matter should have been made.        Appeals for mailers arising after approval given (no co-
 Appeals by submitters                                                     respondents)
 4.1.28.(1) A submitter for a development application may appeal to        4.1,31.(1) A person to whom any of the following notices have been
 the court about-                                                          given may appeal to the court.against the decision in the notice-
 (a) the giving of a development approval, including any conditions        (a) a notice giving a decision on a request to change or cancel a
     (or lack of conditions) or other provisions of the approval; or           condition of a development approval.
 (b) the length of a currency period for the approval.                     (b) a notice under section 6.1.44 giving a decision to change or
                                                                               cancel a condition of a development approval.
    (2) The appeal must be started within 20 bUSiness days (the
 "submitters appeal period") after the day the decision notice or              (2) The appeal must be started within 20 business days after
 negotiated decision notice is given to the submitter.                     the day the notice of the decision is given to the person.
    (3) If a person withdraws a submission before the application is            (3) Also, a person who has made a request mentioned in
 decided, the person may not appeal the decision.                          subsection (1)(a) may appeal to. the court against a deemed refusal
     (4) If an application involves both impact assessment and code        of the request.
 assessment, appeal rights for submitters are available only for the           (4) An appeal under subsection (3) may be started at any time
 part of the application involving impact assessment.                      after the last day the decision on the maUer should have been made.
     (5) If an application is processed under section 6.1.28(2), appeal    Appeals against decisions to change approval conditions under the
 rights for submitters for the application are available only for the      repealed Act
 aspects of the development that would have required public                4.1.33A.(1) A person who is dissatisfied with a decision made on an
 notification under the repealed Act.                                      application to change the conditions attached to an approval given
     (6) If an application involves assessment against a concurrence       under section 2.19(3)or section 4.4 of the repealed Act may appeal
 agency code, appeal rights for submitters for the application are not     to the court against-
 available against the part of the approval that represents the            (a) the decision; or
 concurrence agency's response for the code.
                                                                           (b) a deemed refusal of the application.
 Appeals by advice agency submitters
                                                                               (2) An appeal under subsection (1)(a) must be started within 20
 4.1.29.(1) An advice agency may, within the limits of its jurisdiction,   business days after the day notice of the decision is to be given to
 appeal to the court about the giving of a development approval for a      the person.
 development application if-
                                                                               (3) An appeal under subsection (1)(b) may be started at any time
 (a) the development application involves impact assessment; and           after the last day a decision on the matter should have been made.
 (b) the advice agency told the applicant and the assessment               Appeals against local laws
     manager to treat its response to the application as a submission
                                                                           4.1,33B.(1) An applicant who is dissatiSfied with a decision of a local
     for an appeal.
                                                                           government or the conditions applied under a local law about the use
    (2) The appeal must be started within 20 business days after the       of premises or the erection of a building or other structure permitted
 day the decision notice or negotiated decision notice is given to the     by the planning scheme may appeal to the court against the decision
 advice agency as a submitter.                                             or the conditions applied.
                                                                               (2) The appeal must be started within 20 business days after the
                                                                           day notice of the decision is given to the applicant.



 PD·DA-FM58/5·02f04/2009                                                                          Page 24 of 24

Page 25

                                                                        Locked Bag 72, Sunshine Coast Mail Centre, OLD 4560
                                                                        Phone (07) 5475 7272           Fax (07) 5475 7277
                                                                        ABN 37 876 973 913



                ADOPTED INFRASTRUCTURE CHARGE NOTICE
To:        Blue Care C/- JB Goodwin Midson & Partners
           1/12 Technology Dr
                                                                                     Date of Issue:   20 December 2011
           WARANA 4575
                                                                                     Adopted Charge Notice No: 110
                                                                                     Rev No: 0


 LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
 Planning Scheme:      The Noosa Plan
 Property Description: Lot 6 RP 901384 & Lol1 SP 177650
 Property Address:     Grasstree Ct SUNRISE BEACH

 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES
 The adopted infrastructure charge applies to the following development type: Material Change of Use
 Development App"roval/Compliance reference number: 132008.1128 (Stage 1)

 AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE
 • The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution
   under Ihe Sustainable Planning Act 2009.
 •     The amount of the adopted infrastructure charge is to be escalated in accordance with relevant legislation from the date of
       Ihe nolice to the date of payment.


      AMOUNT OF ADOPTED INFRASTRUCTURE CHARGE AMOUNT =                                                          $1,232,042.00

 APPORTIONMENT OF ADOPTED INFRASTRUCTURE CHARGE:

      Entity     Apportionment         Allocation of adopted infrastructure charge to trunk infrastructure networks
                    of adopted
                  Infrastructure
                      charge                                                        Charge               Rebate              Net Payable
  Unitywater                        Water Supply                                     $292.945.00                  $0.00          $292,945.00
                   $732,362.00
                                    Sewerage                                         $439,417.00                  $0.00          $439,417.00
      Council                       Transport                                        $805,551.00          $664,953.00            $140,598.00
                                    Public Parks & Land for Community
                  $1,281,978.00                                                      $373,107.00          $117,345.00            $255,762.00
                                    Facilities.
                                    Stonnwater (Residential)                         $103,320.00                  $0.00          $103,320.00
 Council                            Stormwater (Non-Residential)                      $73,990.00           $73,990.00                  $0.00
                                                                   TOTAL =         $2,088,330.00          $856,288.00          $1,232,042.00

 Basis of rebate: Infrastructure Contributions (Charges) Rebales for Eligible Community Organisations policy applied to
 Community (aged care) Use (100%).

  PAYMENT OF THE ADOPTED INFRASTRUCTURE CHARGE
  • The adopted infrastructure charge is payable in accordance wilh the Sustainable Planning Act 2009.
  •    The due date for payment of the adopted infrastructure charge is: Prior to the Commencement of Use.
  •    The charge is to be paid to Sunshine Coast Regional Council via the Infraslructure Charges Officer, tel: (07) 5441 8679.
       Please contact Sunshine Coast Regional Council, Infrastructure Policy Branch, prior to making payment.
  •    Compound annual interest at 11 % calculated daily is to be applied on an overdue charge.

  Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009 that the adopted infrastructure charge
  notice is levied by the Sunshine Coast Regional Council on the described land. The adopted infrastructure charge is DUE AND PAYABLE BY
  THE ABOVE DATE. The adopted infrastructure charge plus any arrears and interest may be recovered by legal process without further notice if
  unpaid after the expiration of the DUE DATE.

Page 26

                       ADOPTED INFRASTRUCTURE CHARGE
                                   NOTICE
                              IMPORTANT NOTICE
    1. PAYMENT

         This notice is due and payable by the due date shown. Cheques, money orders or postal
         notes should be made payable to Sunshine Coast Regional Council and crossed "Not
         Negotiable". Change cannoi be given on cheque payments. Property owners will be liable for
         any dishonour fees.

    2. ADOPTED INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
       An adopted infrastructure charge levied by a local government is, for the purposes of recovery,
       taken to be a rate within the meaning of the Local Government Act 1993. This means:
       a.    an adopted infrastructure charge may be recovered by court action for a debt;
       b.   an adopted infrastructure charge may be recovered from the person for the time being
            owning the relevant land, regardless of who was the owner or other person upon whom
            the charges was imposed;
       c.    Interest is payable on overdue payments; and
       d.    If charges are unpaid for 3 years, the land can be sold to recover the outstanding
             charges.

    3. INTEREST:
       Compound interest at the rate of 11 % per annum calculated daily is payable on all
       infrastructure charges outstanding after the due date shown on this charges notice.

    4. OVERSEAS PAYEES:
       Please forward your infrastructure charges payment by way of a bank draft for the required
       amount in Australian dollars.

    5. GOODS AND SERVICES TAX:
       The federal government has determined that rates and utility charges levied by local
       government will be GST free. Accordingly, no GST is included in this infrastructure charges
       notice.

    6. ADOPTED INFASTRUCTURE CHARGE IS SUBJECT TO PRICE VARIATION:
       The amount of the adopted infrastructure charge is subject to escalation in accordance with
       relevant legislation from the date of the notice until the date the payment is made.
          PLEASE CONTACT THE INFRASTRUCTURE CHARGES OFFICER BEFORE MAKING
          PAYMENT FOR UPDATED CURRENT AMOUNT

    7. INFRASTRUCTURE CHARGES ENQUIRIES:
       Enquiries regarding this infrastructure charges notice should be directed to Council's office,
       Phone (07) 5441 8679, during office hours or e-mail: [email protected] OF PAYMENT
                                                ------- - - , - - - -
PAYMENT BY MAIL                                 PAYMENT AT COUNCIL OFFICES                     PAYMENTS METHODS NOT ACCEPTED
Confirm the current applicable Infrastructure   Present this notice intact \vilh an updated    Payments via credit card transactions will
Charge and mail immediately with your           payment advice notice to Sunshine Coast        not be    accepted    for payment of
payment to:                                     Regional    Council    Customer      Service   Infrastructure Charges.
Sunshine Coast Regional Council,                Counter.
Locked Bag 72,
Sunshine Coast Mail Centre OLD 4565.


                                                -----------------------'-----

Page 27

                                                                        Locked Bag 72, Sunshine Coast Mail Centre, OLD 4560
                                                                        Phone (07) 5475 7272           Fax (07) 5475 7277
                                                                        ABN 37 876 973 913



                ADOPTED INFRASTRUCTURE CHARGE NOTICE
To:        Blue Care C/- JB Goodwin Midson & Partners
           1/12 Technology Dr
           WARANA 4575                                                               Date of Issue:   20 December 2011
                                                                                     Adopted Charge Notice No: 111
                                                                                     Rev No: 0


 LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES:
 Planning Scheme:      The Noosa Plan
 Property Description: Lot 6 RP 901384 & Lot 1 SP 177650
 Property Address:     Grasstree Ct SUNRISE BEACH

 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES
 The adopted infrastructure charge applies to the following development type: Material Change of Use
 Development Approval/Compliance reference number: 132008.1128 (Stage 2)

 AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE
 • The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution
   under the Sustainable Planning Act 2009.
 •     The amount of the adopted infrastructure charge is to be escalated in accordance with relevant legislation from the date of
       the notice to the date of payment.

      AMOUNT OF ADOPTED INFRASTRUCTURE CHARGE AMOUNT =                                                          $1,306,500.00

 APPORTIONMENT OF ADOPTED INFRASTRUCTURE CHARGE:

      Entity     Apportionment         Allocation of adopted infrastructure charge to trunk infrastructure networks
                    of adopted
                  Infrastructure
                      charge                                                        Charge            OffseURebate           Net Payable
  Unitywater                        Water Supply                                     $192.960.00                $0.00            $192,960.00
                    $482,400.00
                                    Sewerage                                         $289,440.00                $0.00            $289,440.00
      Council                       Transport                                        $247,230.00                $0.00            $247,230.00
                                    Public Parks & Land for Community
                    $824,100.00                                                      $412,050.00                $0.00            $412,050.00
                                    Facilities.
                                    Stormwater (Residential)                         $164,820.00                $0.00            $164,820.00
 Council                            Stormwater (Non-Residential)                             $0.00               $0.00                  $0.00
                                                                   TOTAL =         $1,306,500.00                 $0.00         $1,306,500.00

 Basis of offset:

  PAYMENT OF THE ADOPTED INFRASTRUCTURE CHARGE
  • The adopted infrastructure charge is payable in accordance with the Sustainable Planning Act 2009.
  •    The due date for payment of the adopted infrastructure charge is: Prior to the Commencement of Use.
  •    The charge is to be paid to Sunshine Coast Regional Council via the Infrastructure Charges Officer, tel: (07) 5441 8679.
       Please contact Sunshine Coast Regional CounCil, Infrastructure Policy Branch, prior to making payment.
 '.    Compound annual interest at 11 % calculated daily is to be applied on an overdue charge.

  Notice is hereby given under the Sustainable Planning Act 2009 and the Local Government Act 2009 that the adopted infrastructure charge
  notice is levied by the Sunshine Coast Regional Counal on the described land. The adopted infrastructure charge is DUE AND PAYABLE BY
  THE ABOVE DATE. The adopted infrastructure charge plus anY,arrears and interest may be recovered by [egal process without further notice if
  unpaid after the expiration of the DUE DATE.

Page 28

                        ADOPTED INFRASTRUCTURE CHARGE
                                    NOTICE
                               IMPORTANT NOTICE
    1. PAYMENT

         This notice is due and payable by the due date shown. Cheques, money orders or postal
         notes should be made payable to Sunshine Coast Regional Council and crossed "Not
         Negotiable". Change cannot be given on cheque payments. Property owners will be liable for
         any dishonour fees.

    2. ADOPTED INFRASTRUCTURE CHARGES TAKEN TO BE A RATE:
       An adopted infrastructure charge levied by a local government is, for the purposes of recovery,
       taken to be a rate within the meaning of the Local Government Act 1993. This means:
       a.   an adopted infrastructure charge may be recovered by court action for a debt;
       b.   an adopted infrastructure charge may be recovered from the person for the time being
            owning the relevant land, regardless of who was the owner or other person upon whom
            the charges was imposed;
       c.    Interest is payable on overdue payments; and
       d.    If charges are unpaid for 3 years, the land can be sold to recover the outstanding
            charges.

    3. INTEREST:
       Compound interest at the rate of 11 % per annum calculated daily is payable on all
       infrastructure charges outstanding after the due date shown on this charges notice.

    4. OVERSEAS PAYEES:
       Please forward your infrastructure charges payment by way of a bank draft for the required
       amount in Australian dollars.

    5. GOODS AND SERVICES TAX:
       The federal government has determined that rates and utility charges levied by local
       government will be GST free. Accordingly, no GST is included in this infrastructure charges
       notice.

    6. ADOPTED INFASTRUCTURE CHARGE IS SUBJECT TO PRICE VARIATION:
       The amount of the adopted infrastructure charge is subject to escalation in accordance with
       relevant legislation from the date of the notice until the date the payment is made.
          PLEASE CONTACT THE INFRASTRUCTURE CHARGES OFFICER BEFORE MAKING
          PAYMENT FOR UPDATED CURRENT AMOUNT

    7. INFRASTRUCTURE CHARGES ENQUIRIES:
       Enquiries regarding this infrastructure charges notice should be directed to Council's office,
       Phone (07) 5441 8679, during office hours or e-mail: [email protected] OF PAYMENT
PAYMENT BY MAIL                                 PAYMENT AT COUNCIL OFFICES                   PAYMENTS METHODS NOT ACCEPTED
Confirm the current applicable Infrastructure   Present this notice intact with an updated   Payments via credit card transactions \'lill
Charge and mail immediately with your           payment advice notice to Sunshine Coast      not be    accepted    for payment of
payment to:                                     Regional    Council    Customer    Service   Infrastructure Charges.
Sunshine Coast Regional Council,                Counter.
locked 8ag 72,
Sunshine Coast Mail Centre OLD 4565.


                                                ---~-------------------~-~-                  ----------~---

Page 29

 

Staff Parking 54
(Including basement with disabled x 2)

    
   

= Eee Visitor Parking 20
= (including disabled x 2)
aa Emergency Vehicle 1
2 ca Service vehicle 1
Central facilities & serviced apartments
Staff parking 5
Visitor Parking 16

 

(includes disabled x 1)

ee Residents 7
Eas Service Vehicle 1
es Emergency vehicle q

Apartment ILUs

[ Residents (basement parking) 65
Visitors 17
(includes basement x 3 & disabled x 2)

Villa ILUs

[|] Residents (garaged) 74

eee Visitors 30

Ltt

“SUNSHINE COAST
REGIONAL COUNCIL |
PLANS APPROVED |

Signature: AN é

 

   

 

Date: AM 2 fan... CSL A28

 

   

 

Page 30

 

 

 

 

|

Total Area: 136.79 ha
Total Number of Lots: 2

NOTES

i

fated or marked at the time of

Sompletion of a” conipral ‘bount

lan represent those
Pigvtent and conaploteness

Jn accordance with the Workplace Health and Safety Act,
manholes have not been entered to obtain invert levels.
The invert levels shown are derived from ate

field measurements and existing records.

i

?
at

i
7
E

gE

should be verified by relevant parties. The type and
of the trees shown should be confirmed.

The symbols and dimensions shown are indicative only.
Other Notes

Contour Interval : 1.0m

Indexed : 1.0m

ted file : 7448-060."

Co: ite Datum

  

boundaries on this plan have been derived from existing
on ai Properties, and were not
e

own are subject to confirmation following
ensive dary survey.

visible at
of all

depioting services are symbolic representations,
they are accurately joned, they are not to

lan are a representation of the
Blirrey. the eeteat of ts Information
significance

ergr Manoa
anied Prot Pras

4

‘RPB1O721

    

 

 

    

 

 

ant

are approximate and are subject to Council approval,

Dimensions and areas
finel survey and Plan registration

 
 

Boundaries shown hereon have been provided by the Department of Natural Resources and
Water, Queensland 2004 which gives no warranty in relation to the data (neluding accuracy,

reliability, completeness or sut
Hability in ice) for any loss,

lamage or
to any use of the data.

costs (inclu

bility) and accepts no liability (including without limitation,
diag consequential damage) relating

 

 

 

 

 

 

 
  
  

‘
\
«tga

\ 850m

 

    

\ \A OY
lom BUFFER ZONE

\
| — \
LY \

\

\ \ \
DENSE SCRUB \\

\ 4 hy

 

 

 

  
  

  

\ ; \ \ x \

”~\ “i
3542 mY NO \ K
aN \ \

\

\
\

\-g-\
e
\

    

\ \ |
\\ |

ei

3

BEN LEXCEN DRIVE

 

4 \ A
5 ro Serres ier sep lense ~
CIES 764

LLLEAI XY smi 9012 MCH805764
«. ‘eea's7" “a ae 3276

: % :

\ - 763

\ MCH6OS764

  

 

‘ \
\ \ Re

13H13\ha \
Bal . \

 

 

 

 

@

 

 

ru

  
 

SUNSHINE COAS
REGIONAL COUN

 

gl or

| Signature: . aK JIN —
Cate: . iaji2) og o8)}12¢g
aS

 

    

 

 

 

  
 

 

 

 

 

 

        
 

\
VV

 

 

 

 

 

 

 

 

 

 

 

SYMBOLS
Tye OR Simm omy Re (Proveor: RECONFIGURATION |“: BLUE CARE atalino
nnn “ wee ; cot a LOTS 1 & 9 CANCELLING COoNIcsS , Pan
eR 8 Ri Bitcy Shit MNT Lett = ges PouitOaees comp y: GBD LOT 1 ON SP177650 Fcsor
cfg = Ber oft, wate os, SMe Seale 1: 1500 @ AS RL32.726 Checked By: BW Woe veweonee |
: ve vie Ben Lexcen Dr., Suntise Beach! pwc Name 7448-08 dwg arene Plan Reference
Bad B taf + Gye” sh = Fait FB: Le [Scale 1:1500 @ A3 ol Autorty: Sunshine Coast Regional Council \__‘trmtht Foon esterase 7448-06 _)

 

 

Page 31

masterplan

The site comprises two parcels of land separated by the existing Grasstree

Court road reserve.

Lot 6 on RP901384 is 8, 697 m? and is bounded on the east by an existing
shopping centre, to the north by vacant land and to the west by an existing

Uniting

hurch. It is proposed to develop a 2 storey residential aged care

home (RAC) of 96 beds on this site. The facility would also house Blue Care,
allied health, community nursing, respite and support / hospitality services.

Proposed lot 9 being part lot 1 on SP177650 is 4.66 ha bound to the east
by existing residential development, to the north by Grasstree Court and the

existing church and to the west and south by a reserve.

It is proposed to develop an aged care facility comprising a central facilities
and recreation building, 20 serviced apartments and a total of 108 indepen-
dent living units in the form of either single storey semi-detached villas or

four 2 storey apartment buildings within this site.

Staging
The proposed development is in 2siag

 

 

  

 

 

 

 

 

 

 

 

 

Stage 1
residential aged care 96 beds + respite 2 beds
central facilities & 20 serviced apartments
19 independent living units
22 apartments
¥
Stage 2
35 independent living units
32 apartments
existing church |
‘lot 5 on RP890947
central facilities & serviced apartments |
function room & recreational facilities
20 serviced apartments
apartments \
23 x 2 bed
31 x 2 bed + study au
54 total

national park

lot 147 on

NPW889

0 20 40 60 80 100

200m

 

 

lot 6 on RP9O1
96 beds (aged care)
2 beds (respite)

aged persons home site

A
‘

Co LIPTON STREET

 

wer it Ty

 
   

Revision P1/Nov 08
1. Parking layout

2. ILU removed

3. Streets widened

|_ vacant land \

 

 

 

 

eR

 

 

 

lot 7 on RP890947 NL

 

 

 

 

 

 

BAN LEXCEN DRIVE

 

 

 

 

 

859
RPBESI26
858

 

"ASSTREE COURT

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

ton) ae ee in bie ae | ae weoase

a a 764
vacant land 763 s
remainder lot 1 on awe 8
SP177650 8

 

 

 

stage 2 >

blue care sunrise beach

scale: 1:2000 @ A3 job no: 0673

 

 

—

RPOASIZE
857
‘RPOASOZE
738
ce80s762
739
McH905762

cwe05762

| es IL stave
lot 8 on RP901384

 

aged care facility site
proposed lot 9, part
lot 1 on SP177650

  

| independent living units
32x 2 bed

22 x 2 bed + study

54 total

 

       
 

SUNSHINE COAST
REGIONAL COUNCIL

PLANS APPROVED

Signature: AS alt.

 

dae IMA... O82.

    

@ BlueCare

date: october 2008 dwg no: 0673_DA07/P1

 

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