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Negotiated Decision Notice - Submitter - PM - Stockwell [As Published] · 132007.1841

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                                             Officer:            Tracy Jones
                                             Direct Telephone:   (07) 5449 5228
                                             Response Address:   PO Box 141, Tewantin QLD 4565
                                             Email:              [email protected]
                                             Our Reference:      2007/1841
                                             Your Reference:
29 August 2008

W.A. Stockwell Pty Ltd
PO Box 3144
WEST END QLD 4101




Dear Madam

                           Negotiated Decision Notice
                                  Integrated Planning Act 1997

I refer to your submission to the above application and Council’s previous correspondence. Following
representations made by the applicant, Council on 29 August 2008 agreed to issue a Negotiated
Decision Notice.

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act is also attached.

Details of the negotiated decision are as follows:

1     APPLICATION DETAILS

 Application No:             2007/1841
 Street address:             26 Eenie Creek Road, Noosaville
 Real property               Lot 1 SP 182880
 description:
 Planning Scheme:            The Noosa Plan

2     DECISION DETAILS
Council on 13 May 2008 decided to issue the following type of approval: -
    Development Permit for Material Change of Use - Industrial Business Type 1 - Warehouse,
      Industrial Business Type 2 - Production, Alteration, Repackaging & Repairing & Education
      Type 3 - Adult
In relation to representations, Council on 29 August 2008 decided to:
A.    Agree to change Conditions 11, 12, 22, 26, 36 & 76
B.    Agree to delete Conditions 37.3, 39.3, 41.2, 42.2, 44.4 & 46.3
C.    Refuse to delete Conditions 13 & 60 for the following reasons:
      Condition 13.
      1.     A roof pitch less than 5 degrees does not meet the Specific Outcome of the Noosaville
             Locality Code, which requires a 5-degree roof pitch.

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Full text of the other 18 pages

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      2.    Other approved development within the Shire Business Centre is required to have a 5-
            degree roof pitch.
     Condition 60.
     1.     As the possible impacts on the sensitive downstream ecosystem of changes to
            stormwater quality and quantity need to be addressed prior to the issue on any
            Operational Works permit.
D.   Amend Advice Condition 1
E.   Issue a Negotiated Decision Notice

3    RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Permit is 4 years from the date that this development
approval takes effect.

4    ASSESSMENT MANAGER CONDITIONS

Land Use
1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are titled and numbered:
      Plan         /     Rev.   Plan / Document Name                      Date
      Document No.
      07041 SD01         B      Overall Site Plan – Sprout Architects     16/01/08
      07041 SD02         B      Building K    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD03         B      Building A    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD04         B      Building B    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD05         B      Building C    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD06         B      Building D    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD07         B      Building E    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD08         B      Building F    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD09         B      Building G    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD10         B      Building H    –   Drawings   –   Sprout   16/01/08
                                Architects
      07041 SD11         B      Building I   –    Drawings   –   Sprout   16/01/08
                                Architects


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       07041 SD12          B        Building J    –   Drawings    –     Sprout   16/01/08
                                    Architects
       07041 SD13          A        Site Sections – Sprout Architects            16/01/08

      and as may be amended by these conditions.
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.
3.    The open space and setback areas are to be landscaped in accordance with Council’s Policy
      on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
      qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
      the premises being occupied and maintained at all times thereafter.
4.    A minimum landscape setback of 2 metres width shall be provided to the Rene Street road
      frontage.
5.    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. These landscape
      plans required to be submitted are to denote areas of existing vegetation or existing trees
      proposed or required to be retained.
6.    Fencing along the front property boundary shall be setback at least 1 metre, with at least half of
      the fencing setback 2 metres. The area of land between the fence and the front property
      boundary shall be densely landscaped to screen any fencing from the street.
7.    Any advertising sign or device is to comply with Council's policies on advertising.
8.    All goods are to be displayed on site within the property boundaries and/or on the premises
      approved for the use.
9.    The gymnasium and conference facilities shall be ancillary to the approved Industrial and
      Educational uses over the site, and shall be restricted for use by tenants of these premises.
10.   The Education use may operate with any combination of employees and students, provided
      that a rate of 1 space per employee and 1 space per 10 students is adopted to meet a car
      parking provision of 8 spaces.
11.   Provision for a minimum of 63 bicycle parking spaces shall be provided on-site. Bicycle parking
      spaces shall be dispersed across the site in the following manner:-
      11.1. a minimum of 38 spaces to be Class 2 (staff) standard; and
      11.2. a minimum of 25 spaces to be Class 3 (visitor) standard.
      The proposed bicycle facilities shall be identified on the landscaping plans and shall be located
      to the reasonable satisfaction of the Manager, Land Use.
12.   End of trip facilities including shower/change room/lockers shall be provided for each tenancy.
13.   A minimum roof pitch of 5 degrees shall be provided to the roof form of buildings on-site.
14.   All buildings shall comply with a maximum building height of 2 storeys and 8 metres above
      natural and finished ground level with the exception of additional requirements for the roofing to
      allow for the increased roof pitch of 5 degrees.
15.   A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate
      lodged with Council at completion of work confirming compliance with the maximum allowable
      building height as required by either the conditions of approval or the Planning Scheme.


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16.   The development shall be carried out in accordance with the Bushfire Management Plan
      prepared by James Warren & Associates Pty Ltd dated November 2007 prepared for the
      subject site and the Shire Business Centre site prior to the commencement of the use.
17.   All rainwater tanks located within the 5 metre fire buffer along the site’s southern and eastern
      boundaries shall be located underground to ensure unrestricted access through the fire buffer
      is maintained.
18.   The premises are to be identified by the provision of a street number in a prominent location to
      ensure it is identifiable to all persons, particularly emergency services personnel.
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19.   All Industrial use tenancies shall not be less than 150m use area in size.
20.   The proposed development shall have all kitchen, laundry and bathroom fittings that comply
      with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
      Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
      Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
      System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
      Dishwashers and washing machines are excluded from this requirement.
21.   All hot water systems installed shall be either solar systems; electric heat pump systems; or
      gas systems (LPG or natural).
22.   The gym facilities within Building K shall be made accessible at all times for use by other
      tenants of the site, with the conference/meeting facilities to be made available on a booking
      system managed by the tenant of Building K.
23.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be
      submitted, to secure performance of all conditions of this approval, prior to the issue of a
      Development Permit for Operational Works. The cash bond or trading bank guarantee will be
      returned on performance of the conditions of approval less any costs incurred by Council in
      respect of enforcing performance of this permit.
24.   The requirements of this development approval are to be effected, prior to the use of the
      premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this
      approval to effect compliance with conditions.
25.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
26.   A vehicular access driveway to serve the development shall be constructed from the Rene
      Street frontage of the site. The access driveway shall be designed and constructed to provide
      access for an articulated vehicle and shall be generally in accordance with Section 3 of AS
      2890.2 and IPWEAQ drawing R-0052.
27.   The driveway shall be designed and constructed to Council’s design standards and to grades
      that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
      movements along the footpath without any step or level difference. Should any driveways be
      constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS2890.2-1989,
      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.




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28.   To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath,
      the driveway and any associated fencing or vegetation near the driveway shall comply with the
      minimum sight line requirements as defined in AS2890.1, 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.
29.   All vehicles shall enter and leave the site in a forward direction.
30.   The common driveway shall be for access purposes except for the short term loading and
      unloading of heavy vehicles and passengers. No part of the common driveway shall be
      dedicated to permanent parking.
31.   The common driveway and cul-de-sac shall be designed and constructed in accordance with
      Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage
      and Earthworks with a minimum width of 8m AC kerb-kerb.
Loading Areas
32.   The loading bays adjacent to each building shall be located such that sufficient space is
      provided to permit a vehicle to pass along the access aisle.
33.   The loading bays shall be at least of sufficient size to cater for a Small Rigid Vehicle in
      accordance with AS2890.2-1989.
Car Parking
34.   Carparking shall be provided within the site generally as shown on the following drawings
      prepared by Sprout Architects dated August 2007:
      Building K – drawings, drawing number 07041 SD02 B,

      Building A – drawings, drawing number 07041 SD03 B,

      Building B – drawings, drawing number 07041 SD04 B,

      Building C – drawings, drawing number 07041 SD05 B,

      Building D – drawings, drawing number 07041 SD06 B,

      Building E – drawings, drawing number 07041 SD07 B,

      Building F – drawings, drawing number 07041 SD08 B,

      Building G – drawings, drawing number 07041 SD09 B,

      Building H – drawings, drawing number 07041 SD10 B,

      Building I – drawings, drawing number 07041 SD11 B,

      Building J – drawings, drawing number 07041 SD12 B,

      except as modified herein.
35.   Car parking shall be shall be provided and designated in the following manner:-
      35.1. a minimum of 195 car parking spaces shall be provided for the development with:-
                35.1.1. a minimum of 8 spaces located adjacent to Building K to support the
                         Education use on site;

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               35.1.2. a minimum of 187 spaces located adjacent to Buildings A – J to support the
                       Industrial uses on site.
      35.2.   a minimum of 2 spaces shall be designated for disabled parking. Disabled parking
              spaces shall be evenly dispersed across the site.
      35.3.   a minimum of the equivalent of 5 car parking spaces shall be designated for motorcycle
              and motor scooter parking, to accommodate a minimum of 20 spaces. Motorcycle and
              motor scooter parking is to be evenly dispersed across the site.
36.   The carparking area as shown on drawing titled Building K – drawings, drawing number 07041
      SD02 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      36.1.   Carspace number 9 is to be a dedicated turning area,
      36.2.   Carspace numbers 1 and 10 shall be dedicated as “staff”,
      36.3.   Suitable signage is to be provided at the entrance to the carparking area advising of
              the bicycle parking at the rear of the building.
37.   The carparking area as shown on drawing titled Building A – drawings, drawing number 07041
      SD03 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      37.1. Carspace number 18 is to be a dedicated turning area,
      37.2. Carspace numbers 1 and 2 shall be dedicated as “staff”,
      37.3. Deleted.
38.   The carparking area as shown on drawing titled Building B – drawings, drawing number 07041
      SD04 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      38.1. Carspace numbers10-13 to be dedicated as “staff”.
39.   The carparking area as shown on drawing titled Building C – drawings, drawing number 07041
      SD05 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      39.1. Carspace number 18 is to be a dedicated turning area,
      39.2. Carspace numbers1 and 2 to be dedicated as “staff”,
      39.3. Deleted.
40.   The carparking area as shown on drawing titled Building D – drawings, drawing number 07041
      SD06 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      40.1. Carspace numbers 4-7 to be dedicated as “staff”.
41.   The carparking area as shown on drawing titled Building E – drawings, drawing number 07041
      SD07 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      41.1. Either one of carspace numbers10 or 11 is to be a dedicated turning area,
      41.2. Deleted.
42.   The carparking area as shown on drawing titled Building F – drawings, drawing number 07041
      SD08 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      42.1. Carspace number 10 is to be a dedicated turning area,
      42.2. Deleted.
43.   The carparking area as shown on drawing titled Building G – drawings, drawing number 07041
      SD09 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      43.1. Carspace numbers 4-7 to be dedicated as “staff”.

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44.   The carparking area as shown on drawing titled Building H – drawings, drawing number 07041
      SD10 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      44.1. Carspace number 19 is to be a dedicated turning area,
      44.2. The proposed disabled carspace shall be relocated to carspace number 3,
      44.3. Carspace numbers 1 and 2 to be dedicated as “staff”,
      44.4. Deleted.
45.   The carparking area as shown on drawing titled Building I – drawings, drawing number 07041
      SD11 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      45.1. Carspace numbers 10-13 to be dedicated as “staff”.
46.   The carparking area as shown on drawing titled Building J – drawings, drawing number 07041
      SD12 B prepared by Sprout Architects dated August 2007 shall be amended such that:
      46.1. Carspace number 1 is to be a dedicated turning area,
      46.2. Carspace numbers18-21 to be dedicated as “staff”,
      46.3. Deleted.
47.   All carparking areas, including accesses, aisles, manoeuvring areas etc shall be designed to
      comply with the provisions of AS/NZS 2890.1-2004 for user class 1 for “staff” spaces and user
      class 3 elsewhere 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.
48.   All disabled carspaces shall be designed to comply with the provisions of AS/NZS 2890.1-2004
      for user class 4 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 2.3m.
49.   All disabled carpark spaces shall be clearly defined by line marking each space with the words
      “Disabled Parking Only” and by sign posting each space with a similar wording.
50.   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.
51.   All carparking shall be kept, maintained and line-marked in a condition fit for use.
52.   All paths, 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.
Construction Management Plan
53.   A Construction Management Plan addressing all construction phases shall be prepared by a
      suitably qualified person and submitted to Council for approval prior to obtaining a
      Development Permit for Operational Works. The plan should aim to address every foreseeable
      problem eg: movements of excavation and construction machinery, building material deliveries,
      stockpiling of materials etc that is likely to occur during the construction process and include
      recommendation on how these can be overcome or minimised.
54.   A Traffic Management Plan for the construction phases of the development shall be submitted
      to and approved by Council prior to the issue of any Development Permits for Operational
      Works. The Traffic Management Plan shall include but not be limited to:
      54.1. Indicate provision for on-site parking for the required workforce;
      54.2. Indicate the location of any “holding” areas for heavy vehicles;
      54.3. Operating hours; and
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      54.4. Haulage Routes.
Roof Water & Stormwater Drainage
55.   Roof runoff from any new building shall be directed to a rainwater storage system or tank
                                                                     2
      (minimum storage the greater of 5000 litres or 15 litres/m of roof area) that is installed to
      ensure water from the tank is used for external uses (such as watering gardens, irrigation,
      ornamental ponds, water features, outdoor cleaning, etc) and for use in flushing of toilets
      internal to the building. All rainwater tanks are to be designed and installed in accordance with
      the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of
      the plumbing application in conjunction with the building approval. The location and capacity of
      the tanks shall be clearly shown on the plans submitted for Building Works / Operational Works
      approval and any overflow shall be directed to the stormwater drainage system.
56.   All stormwater drainage (including roof water overflow from the rainwater storage system) shall
      be collected and discharged so there is no net increase in stormwater runoff from the site.
      Stormwater drainage permitted to drain from the site shall be discharged to the adjoining open
      space area. Plans of the drainage design shall be prepared by a Registered Professional Civil
      Engineer and submitted to Council prior to obtaining a Development Permit for Operational
      Works. The drainage design shall be in accordance with Council’s Planning Scheme Policy
      PSP5 – Engineering Design Standards – Roads, Drainage and Earthworks and QUDM. All
      components (pits, pipes, tanks, basins, scour protection etc) of the stormwater drainage
      system shall be wholly contained within the boundaries of the subject site.
57.   As the surface levels of the site are to be altered, appropriate stormwater drainage pipes shall
      be installed within the site to collect and discharge stormwater runoff from all adjoining
      properties to prevent additional ponding/flooding on these properties.
58.   To ensure that polluted run-off does not enter Council’s stormwater drainage system,
      stormwater run-off from the common driveway and carparking areas shall have the first flush
      (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap
      provided on site prior to being permitted to discharge into Council’s drainage system.
      All other clean stormwater, such as roof water, can be collected on site and discharged through
      a single underground drain line directly into the existing drainage system, bypassing the
      grease/oil arrestor/gross pollutant trap.

      To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
      arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to
      obtaining a Development Permit for Operational Works.

      The approved maintenance plan shall be incorporated in the ongoing maintenance scheme for
      the development and a copy of this shall be provided for Council’s records prior to
      commencement of the approved Use.

      A Development Permit for Building Works shall not be granted until a Development Permit for
      Operational Works has been issued in regard to the drainage scheme.
59.   The applicant shall revise the Stormwater Management Plan Parts A & B prepared by Barlow
      Gregg VDM reference M3048 dated December 2007 to use rainfall data for the subject site’s
      locality, Noosaville, and to detail a stormwater treatment train that can achieve the Water
      Quality Objectives for the site. This revised stormwater treatment train for the site shall ensure
      that nutrients can be adequately treated prior to release into the open space conservation
      areas. All stormwater runoff treatment must be undertaken within the development areas of the
      site. Water quality objectives for the site are as follows:
      59.1. Suspended Solids < 15/50mg/L (median)
      59.2. Total Nitrogen < 0.5mg/L (median)
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      59.3. Total Phosphorous < 0.05mg/L (median)
      59.4. pH between 5.0 to 7.0
      59.5. Turbidity < 30 NTU
      59.6. Salinity < 1500µS/cm
      The revised stormwater management plan shall also detail the design, construction and
      operational phases of the development required to ensure the stormwater system does not
      cause adverse impacts to the downstream open space areas. The applicant shall submit an
      amended plan for Council approval in conjunction with or prior to a Development Permit for
      Operational Works being issued.
60.   The applicant shall submit to Council a report prepared by a suitably qualified ecologist that
      assesses the impacts of the revised Stormwater Management Plans on the downstream
      ecologically sensitive areas. The report shall be submitted in conjunction with or prior to a
      Development Permit for Operational Works being issued.
61.   All site stormwater drainage shall be by means of a gravity system. No mechanical features are
      to be used to dispose of stormwater.
Sewer Mains
62.   The site shall be connected to Council’s existing sewerage reticulation systems via a gravity
      system and shall be constructed in accordance with Council’s standards and requirements at
      no cost to Council.
63.   The existing and proposed sewer mains located within the site and the ‘zone of influence’
      (taken as the area within a 45-degree angle measured from the invert of the sewer main to the
      finished surface level) shall be accurately located and determined by a licensed Surveyor and
      shown on all plans submitted for Operational Works approval.
      To ensure Council’s sewer main is accessible for maintenance purposes and is protected from
      risk of damage no structures requiring a building permit (eg. buildings, retaining walls
      exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’
      or within 1.5m of the centreline of the sewer main, whichever is the greater. As such the
      applicant shall amend Operational Works plans including Building plans to ensure compliance.

Town Water Supply
64.   The site shall be connected to Council’s existing town water supply and be constructed in
      accordance with Council’s standards and requirements at no cost to Council. The service shall
      be configured as a fire service (hydrants and sprinklers) and a single domestic service (which
      includes the Fire Hose Reels).
65.   Each individual water connection to the water reticulation system shall extend to the property
      boundary and be metered. All fees for the supply of water meters shall be paid to the Council.
66.   All water meters must be located outside the property boundary and in an easily assessable
      location to facilitate unhindered reading by Council and/or Council’s contracted water meter
      readers, and not behind fences or locked gates. In this regard approval of the water meter
      configuration and location must be obtained from Council’s Water & Sewerage Capital Works
      Manager prior to lodgement and approval of hydraulic drawings.
67.   For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development
      shall be served by:
      67.1.   A single Body Corporate water meter to measure the total water consumption
              (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
      67.2.   Individual water meters to each tenement capable of being separately rated, and
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      67.3.   A fire service (fully testable single detector check with metered bypass), where
              applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
              reels).
68.   Fire hydrants are to be provided throughout the development in accordance with Council
      Engineering Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements (Sewer / Stormwater)
69.   A registered easement shall be created over the zone of influence of all sewers within the
      subject site and over those parts of the subject site that are impacted upon by sewers on any
      adjoining sites. The easements shall generally be parallel to and centred over the sewer main
      and be equivalent in width to twice the depth to invert level of the sewer at the deepest point
      within the allotment (measured from the finished surface) and be no less than 3.0m wide
      overall. In this regard a licensed surveyor shall accurately locate all sewer mains and
      determine the necessary width of the easement, which shall be shown on any plans submitted
      for Operational Works / Building Works approval. To this extent the surveyor shall certify that
      the sewer and the zone of influence is wholly contained within the easement to be created.
      In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
      undertaking in writing that the Title Deed and the easement documents will be lodged at the
      Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of
      Council will be attended to promptly.

      A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
      commencing.

      Any changes required by Council’s Solicitor must be corrected immediately.
70.   A registered easement shall be created over any stormwater drainage pipes within the site that
      collect stormwater from a Council road or convey stormwater from any adjoining property (for
      example, where drainage pipes are provided within the site to prevent adjacent properties from
      additional ponding/flooding due to the subject site being filled).
71.   No building or other structure shall be constructed or encroach over an easement.
Earthworks
72.   Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s
      Engineering Design Standards Manual and so as not to cause the additional ponding of water
      on any adjoining lands or the blockage of, or interference with, any natural watercourses.
73.   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.
Acid Sulfate Soils
                                                                                              3
74.   As the site is located below the 5m AHD, any excavation works consisting of 100m or greater
                                                   3
      and/or any filling works consisting of 500m or greater and with an average depth of 0.5m or
      greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and
      Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and
      supporting documentation prepared by a suitably qualified specialist shall be submitted to
      Council for approval prior to obtaining a Development Permit for Operational Works.




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Erosion and Sediment Control
75.   Any person acting on this permit shall prevent erosion and sediment export from leaving the
      site. Site control measures such as silt fencing, controlled gravel access to the site and
      controlled disposal of waste, will be necessary.
      In this regard plans detailing the methods of controlling erosion and sediment are required to
      be submitted to the Council for approval prior to obtaining a Development Permit for
      Operational Works.

Contributions Towards Council Infrastructure
76.   Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
      upgrading various infrastructure at the rates applicable at the time of payment. An estimate
      only of the contribution amounts under the current Council policies and requirements is
      outlined in the table below:

       Contribution Required For:                                                              Amount:
       PSP12 – Public Open Space Contributions (Park)
                                                                                               Nil
       (Land dedicated in lieu under lot reconfiguration approval 2006/1594)
       PSP16 – Sewerage Headworks Contributions                                                $27,083
       PSP20 – Pathway Trunk Network Contributions                                             $19,928
       TOTAL Contribution Amount =                                                             $47,011
       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from DECEMBER 2007 until the date of payment.

      All contributions must be paid prior to the issue of a Development Permit for Operational
      Works.

      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
      contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
      full.

      Processing of bonds for security where specific Council approval has been given for the
      bonding of contributions will incur an administration fee in accordance with Council’s Land
      Development Commercial & Regulatory Fees at the time of lodgement.

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

General
77.   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.
      To avoid conflict with underground pipes or services, all existing and proposed services
      required by the development shall be shown on the plans.
78.   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.




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79.   The transportation of all materials to and from the site shall be undertaken in a manner such
      that no particle matter escapes onto a public road. All vehicles carrying materials either to or
      from the site shall be covered to prevent materials including dust being windblown from the
      vehicle.
Environmental Health
80.   The developer must provide waste storage and disposal facilities in accordance with Planning
      Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
      Premises”, including an external imperviously paved area correctly sized for all refuse and
      recycling containers and suitably screened from public places and neighbouring properties. A
      bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via
      a bucket trap. The drain outlet 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 0.5m²), or alternatively the waste area can be roofed, or any other design approved by
      Council.
81.   Refuse containers must be provided in accordance with the requirements of the Environmental
      Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the
      storage and collection of refuse.
82.   The development must allow refuse-loading areas to be located off street. All vehicles
      associated with the collection of waste/recyclables, shall enter and leave the site in a forward
      direction.
83.   Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
      pumps etc) shall comply with the following requirements:
      The equipment shall be installed and located in a manner that prevents excessive noise in
      accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-
      the-spot fines) may apply for offences.

      A person must not use equipment on any day if it makes or causes noise to be made –

      From 10pm to 7am: More than the lower of either –
              40 dB(A)
              3 dB(A) above the background noise level
              No audible noise for pool pumps apply during these hours.
                From 7am to 7pm: More than the lower of either –
              50 dB(A)
              5 dB(A) above the background noise level
                From 7pm to 10pm: More than 3 dB(A) above the background noise level.
84.   Submission of written certification from a suitably qualified person confirming that the noise
      levels from all mechanical equipment comply with the cause above when measured at either
      the residential boundary or outside the most exposed part of an affected building, whichever is
      the closest to the equipment.
      The assessment and certification is required immediately after installation of the equipment
      and prior to any occupation of the building, and in a format approved by Council. This
      assessment must take into account noise from any other fixed equipment on the property e.g.
      swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level
      emitted.

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                                                                                        2007/1841



       Advice: It is highly recommended that the person you engage to certify the installation is
       involved at the plan development stage so they can recommend where this equipment is best
       located. They can also advise about noise enclosures and can make other suggestions to
       avoid noise problems. It is a lot more costly to try and deal with noise problems after
       everything is built.
85.    In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
       cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
       where it could reasonably be expected to move into a roadside gutter, storm water drain or a
       watercourse. On the spot fines apply for such offences.

5      REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger               Referral Status     Referral Agency        Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.

7      ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     The applicant is advised that development contributions and infrastructure charges applicable
       to this development approval have been based on the following Uses Class/ Uses and
       applicable quantities:-

                    Existing Development                             Approved Development
         Existing
                                                            Approved Use Class         Approved
        Use Class /             Existing Quantity
                                                                  / Use                Quantity
           Use
                       2.084 ha Site Area (Vacant
                       Land)

                       Note: credit given per
                       2006/1594 applicable to
                       “proposed lot 3” for:                Industrial Business -                2
                                                                                    Total 9,341m use
                                Water & Sewer             Type 1 Warehouse &
        Business                                                                    area
                                  Headworks                 Type 2 – Production
        Centre Zone               contributions paid,                               +
                                                            +
                                  and                                               363m² use area
                                                            Education - Adult
                                Value of Pathway                                  (50 students)
                                  Trunk Network
                                  Contributions for
                                  section of trunk
                                  pathway to be
                                  constructed


                                                                                          13 of 19

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                                                                                         2007/1841



2.   The applicant is informed that approval of this development application will trigger an
     Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
     Charges Plan for the estimated amount of $362,948 and is subject to variations in the
     Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.
     An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
     Planning Act 1997.
3.   The applicant is informed that payment via credit card transaction will not be an acceptable
     method of payment for development contributions conditioned in this permit or for infrastructure
     charge notices issued separately.
4.   Digital detailed designs including drawings, calculations, specifications etc, shall be submitted
     with any application for a Development Permit for Operational Works in respect of roadworks
     and stormwater drainage 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. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 –
     Engineering Design Standards – Roads, Drainage and Earthworks.
5.   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).
6.   Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
     the cost of operational works exceeds $80,000, then a portable long service leave levy is
     required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
     the approved form issued by the Building and Construction Industry (Portable Long Service
     Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
     declaration outlining the cost of the operational works must be submitted to Council with the
     lodgement of any application for operational works over the site.
7.   The plans for the proposed building work have not been assessed for compliance with the
     requirements of the Building Code of Australia as they relate to people with disabilities. Your
     attention is drawn to the matter that either or both the Disability Discrimination Act 1992
     (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
     proposed building work.
     Noosa 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
        AS1428.2;

     b) Applicants should be aware that a “Disability Standard on Access to Premises is being
        developed and most likely will result in changes to the Building Code of Australia;

     c) Any services and facilities in the building complex must allow independent, dignified and
        equitable use of the services and facilities for all people.

8.   This proposal has not been assessed in relation to the spread of fire between properties /
     buildings. It is the building certifiers responsibility to assess the requirements for fire services,
     fire separation and appropriate methods of construction as part of the building works approval
     process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part
     of the Building Approval process.




                                                                                           14 of 19

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Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the 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 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required            Subject of the required Development Permit
 Development Permit for Building Works          All Building Works

 Development      Permit   for   Operational    Landscaping, Access and/or Carparking, Stormwater
 Works                                          Drainage and Erosion & Sediment Control

11    SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code

12    SUBMISSIONS
There was one (1) properly made submission 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.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

1.    The proposed development incorporating Education and Industrial Business uses meets the
      Overall Outcomes of the Noosaville Locality Code by creating new employment opportunities
      that may be for environmental research and development.

2.    Industrial Business Type 1 & 2 uses are desired uses within the Shire Business Centre, as they
      are identified as consistent uses within other precincts (Precincts E4 & E5) of the Shire
      Business Centre;




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3.    The use rights for Industrial Business Type 1 & 2 have not been taken up in Precincts E4 & E5,
      and therefore the proposed development ensures that the mix of uses intended within the Shire
      Business Centre is achieved;

4.    The site’s physical layout and its location within the Shire Business Centre and next to
      industrial estate lends itself to supporting Industrial Business uses, with buffers incorporated
      into the development to minimize the development’s impact on adjoining open space areas.

14     RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
Please note that the Development approval does not take effect and cannot be acted upon, until the
end of the submitter’s appeal period.

15     OTHER DETAILS

Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY
 Original Decision Notice issued 13 May 2008.
 Negotiated Decision Notice issued 29 August
   2008 with amendment to Conditions 11, 12,
   22, 26, 36, 76 & Advice Condition 1.
Yours faithfully,




Tracy Jones
SENIOR PLANNING OFFICER




                                                                                        16 of 19

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                                                                    2007/1841



                         List of Submitters
                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



W.A. Stockwell Pty Ltd
PO Box 3144
WEST END QLD 4101




                                                                     17 of 19

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                                                                                                 2007/1841



                                                Appeal Rights
                                               INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                     (5) If an application is processed under section
Planning Act (Chapter 4).                                     6.1.28(2), appeal rights for submitters for the
                                                              application are available only for the aspects of the
Division 8 - Appeals to court relating to                     development that would have required public
development applications                                      notification under the repealed Act.
Appeals by applicants                                               (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application         concurrence agency code, appeal rights for
may appeal to the court against any of the following-         submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development     the part of the approval that represents the
    application;                                              concurrence agency’s response for the code.
(b) a matter stated in a development approval,                Appeals by advice agency submitters
    including any condition applying to the                   4.1.29.(1) An advice agency may, within the limits of
    development, and the identification of a code             its jurisdiction, appeal to the court about the giving of
                          1
    under section 3.1.6;                                      a development approval for a development
(c) the decision to give a preliminary approval when a        application if-
    development permit was applied for;                       (a) the development application involves impact
(d) the length of a currency period;                                assessment; and
(e) a deemed refusal.                                         (b) the advice agency told the applicant and the
                                                                    assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must               application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or                (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.         days after the day the decision notice or negotiated
                                                              decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be              submitter.
started at any time after the last day a decision on the
matter should have been made.                                 Appeals for matters arising after approval given
                                                              (co-respondents)
Appeals by submitters
                                                              4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application          development application, a person to whom any of the
may appeal to the court about-                                following notices have been given may appeal to the
(a) the giving of a development approval, including           court against the decision in the notice-
    any conditions (or lack of conditions) or other           (a) a notice giving a decision on a request for
    provisions of the approval; or                                  extension of the currency period for an approval;
(b) the length of a currency period for the approval.         (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business               minor change to an approval.
days (the “submitters appeal period”) after the day                 (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is          days after the day the notice of the decision is given
given to the submitter.                                       to the person.
    (3) If a person withdraws a submission before the               (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the         approval resulted from a development application
decision.                                                     (superseded planning scheme) that was assessed as
    (4) If an application involves both impact                if it were an application under a superseded planning
assessment and code assessment, appeal rights for             scheme.
submitters are available only for the part of the                   (4) Also, a person who has made a request
application involving impact assessment.                      mentioned in subsection (1) may appeal to the court
                                                              against a deemed refusal of the request.
                                                                    (5) An appeal under subsection (4) may be started
1
   Section 3.1.6 (Preliminary approval may override local     at any time after the last day the decision on the
planning instrument)                                          matter should have been made.
                                                                                                   18 of 19

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                                                                                            2007/1841



Division 9 - Appeals to court about other matters          Appeals by applicants
Appeals for matters arising after approval given           4.2.9(1) An applicant for a development application
(no co-respondents)                                        may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following           against any of the following-
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change      (a) the refusal, or the refusal in part, of a development
    or cancel a condition of a development approval.           application;
                                   2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development          (b) a matter stated in a development approval,
    approval.                                                  including any condition applying to the
    (2) The appeal must be started within 20 business          development, and the identification of a code
                                                                                    3
        days after the day the notice of the decision is       under section 3.1.6;
        given to the person.                               (c) the decision to give a preliminary approval when a
    (3) Also, a person who has made a request                  development permit was applied for;
        mentioned in subsection (1)(a) may appeal to       (d) the length of a period mentioned in section 3.5.21
        the court against a deemed refusal of the              currency period;
        request.
                                                           (e) a deemed refusal.
    (4) An appeal under subsection (3) may be started
                                                               (2) An appeal under subsection (1)(a) to (d) must
        at any time after the last day the decision on
                                                           be started within 20 business days (the “applicant’s
        the matter should have been made.
                                                           appeal period”) after the day the decision notice or
Appeals against decisions to change approval               negotiated decision notice is given to the applicant.
conditions under the repealed Act
                                                               (3) An appeal under subsection (1)(e) may be
4.1.33A.(1) A person who is dissatisfied with a            started at any time after the last day a decision on the
decision made on an application to change the              matter should have been made.
conditions attached to an approval given under
                                                           The Registrar for the Building and Development
section 2.19(3)or section 4.4 of the repealed Act may
                                                           Tribunal may be contacted at the website
appeal to the court against-
                                                           http://www.localgovernment.qld.gov.au/
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision 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.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications

2
  Section 6.1.44 (Conditions may be changed or cancelled   3
by assessment manager or concurrence agency in certain        Section 3.1.6 (Preliminary approval may override local
circumstances)                                             planning instrument)
                                                                                               19 of 19

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