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Decison package_Noosa Chocolate Factory
Attached to the e-mail MCU16/0098 & OPW16/0183 - Request to change existing approval - 21 Venture Drive NOOSAVILLE.
Original PDF page 1, section 1. The text section number identifies this passage in the reader.
Noosa Council documents
Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: MCU16/0098 & OPW16/0183:
Your Reference: N/A
18 November 2016
Building Suncoast Green
6 Lorraine Ave
MARCOOLA QLD 4564
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 17 November 2016, Council decided to
approve the application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU16/0098 & OPW16/0183
Street Address: 21 Venture Drive, Noosaville
Real Property Description: Lot 9 SP 216079
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial Business
Type 2, Entertainment & Dining Business Type 1 and Ancillary dwelling unit
Development Permit for Operational Works for Stormwater, Landscaping,
Excavation/Fill and Access
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
4 ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE – MCU16/0098
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Full text of sections 2 to 20 (of 40)
Section 2
Noosa Council documents
MCU16/0098
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Sheet 01 of 11 Q Site/Floor Plan, prepared by Building Suncoast Green 11.09.16
Sheet 02 of 11 Q Mezzanine Floor Plan, prepared by Building Suncoast 11.09.16
Green
Sheet 03 of 11 Q Elevations, prepared by Building Suncoast Green 11.09.16
Sheet 04 of 11 Q Café Layout, prepared by Building Suncoast Green 11.09.16
Sheet 05 of 11 Q Section, prepared by Building Suncoast Green 11.09.16
Sheet 10 of 11 Q 3D View, prepared by Building Suncoast Green 11.09.16
Nature and Extent of Approved Use
3. The Industrial Business Type 2 may operate 24 hours.
4. The Entertainment and Dining Business must not operate outside the hours of 6am
to 10pm.
5. The outdoor dining area must not exceed 20m2.
6. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
Building Height
7. The maximum height of the development must not exceed 10 metres above the
finished ground level and the natural ground level.
Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of
$15,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the pre-start meeting. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Building Design
9. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages.
Water & Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to
the development site in accordance with the standards and requirements of
Northern SEQ Distributor–Retailer Authority (Unitywater).
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Section 3
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MCU16/0098
11. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection
to reticulated water and sewerage has been provided to the development site.
ENGINEERING
12. A minimum of 18 car parking spaces and 4 motor cycle spaces must be provided
on the site which includes 1 disabled space. One loading bay in addition to the 18
car spaces as indicated on the approved plans.
13. Eight (8) bicycle parking spaces must be provided on-site.
14. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
15. Any awnings and/or other structures in close proximity to the proposed loading
zone must be designed to ensure no obstruction or impact on the functioning and
the use of the loading zone.
16. 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 must comply with the minimum sight line requirements as defined in AS
2890.1, section 3.2.4.
Stormwater Drainage
17. Stormwater runoff from the development must be disposed of on-site generally in
accordance with the approved engineering plans causing scour or damage to the
subject site or any adjoining property.
Electricity and Telecommunication Services
18. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits
and pipes to accommodate the future connection of optic fibre technology
telecommunications.
Landscaping Works
19. The development site must be landscaped. The works must be undertaken in
accordance with the approved plans and Planning Scheme Policy PSP 3
Landscaping Plants and Guidelines.
20. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
ENVIRONMENTAL HEALTH
Noise
21. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided
with noise reduction measures and located as to prevent a noise nuisance beyond
the boundary of the site and not exceed the levels specified in Table 1.
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Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
(Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD Noise level at noise sensitive place measured as the
adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
22. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to
investigate any non-vexatious complaint caused by noise emissions from
operations at the premises. Such monitoring must be undertaken and completed
within a reasonable and practicable timeframe as nominated by council and be
performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring
and recommendations for any measures to achieve compliance with limits outlined
in Table 1 of this Decision Notice.
23. Measurement of sound pressure levels (adjusted for tonality and impulse) must be
in accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and
reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration
equipment, compressors, pumps etc ), a suitably qualified person is either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience in
the field of acoustics.
Outdoor Lighting Devices
24. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
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25. Certification must be submitted to Council from a qualified person which certifies
that all outdoor lighting devices comply with the requirements of this Decision
Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a
qualified person is:
a. a Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3
years current experience in the field of outdoor lighting.
Waste Disposal
26. 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”. The facilities must include an external
impervious 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 must be designed to prevent storm water entry to the
sewerage system. 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.
27. 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.
OPERATIONAL WORKS - OPW16/0183
PLANNING
Approved Plans
28. Development undertaken in accordance with this operational works approval must
generally comply with the approved plans of development. The approved plans are
listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
C001 A Drawing Index and Standard Notes, prepared by 18/08/2016
Job No: SC-5734 Empire Engineering
C020 A Siteworks and Drainage Plan, prepared by Empire 18/08/2016
Job No: SC-5734 Engineering
C025 A Siteworks and Drainage Sections and Details, 18/08/2016
Job No: SC-5734 prepared by Empire Engineering
C030 A Pavement Plan, prepared by Empire Engineering 18/08/2016
Job No: SC-5734
C040 A Sign and Linemarking Plan, prepared by Empire 18/08/2016
Job No: SC-5734 Engineering
Sheet 07 of 09 Q Part 1 Landscape Plan, prepared by Building 11.09.16
Suncoast Green
Sheet 08 of 09 Q Part 2 Landscape Plan, prepared by Building 11.09.16
Suncoast Green
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Sheet 09 of 09 Q Landscape Details, prepared by Building Suncoast 11.09.16
Green
LANDSCAPING WORKS
29. The low wall and screening trellis near the corner of Venture Drive and the
unnamed Road must be setback in accordance with the approved Landscape
Plans.
30. All landscape works must be constructed and undertaken generally in accordance
with the approved plans and conditions detailed in this Decision Notice.
31. Turfed areas within the Venture Drive and the unnamed road reserves must:
a. Join smoothly and level with adjoining surfaces.
b. Be free of disease, pest, weeds, rock and debris.
32. Landscape works must:
a. Take all measures to prevent Fire Ants (or any stages of the fire ant life
cycle) entering the work site.
b. Take all measures to prevent Myrtle Rust infection.
c. Not obstruct overland flow paths and must include adequate drainage to
minimise ponding. Mulch or any floatable material must not be located in
swales, overland flow paths or around grated drains.
d. Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/
circulation areas.
e. Not restrict access to service meters.
f. Delineate all garden to grassed area interfaces with a hard edge.
g. Ensure sales signage and ancillary infrastructure is not installed within the
road reserve.
h. Ensure permanent irrigation is not installed within the road reserve.
i. Ensure all weeds and debris are removed from planting areas prior to
planting.
j. Ensure mulch is aged, comprised of leaf and limb material of varying sizes,
free of foreign matter including anthropogenic waste, rock, soil / sediment
contamination and is applied to ensure a minimum 100mm depth once
settled.
33. Soil provided for landscaping must provide for the site specific vegetation
performance objectives.
34. All landscape works must be completed prior to the commencement of use.
ENGINEERING
Prior to Commencement of Works
35. At least 5 working days prior to any works commencing, written advice must be
provided to Council detailing:
a. The name, contact details and ACN for the supervising Registered
Professional Engineer of Queensland (RPEQ) and Principal Contractor.
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b. Proposed dates for commencement and completion of construction.
36. The principal contractor must have all the appropriate insurance and public liability
documentation to carry out the works. The principal contractor is also responsible
to ensure that any subcontractors also have the appropriate insurance and public
liability documentation. Certificates demonstrating currency of public liability
insurance and works insurance covering the works must be submitted to Council
prior to the prestart meeting.
37. Council must be contacted at least 5 working days prior to any works commencing
to organise a prestart meeting*. The contact number to arrange a prestart meeting
is 5329 6244. The prestart meeting must include the relevant parties for the
following aspects of the works:
a. Civil engineering works.
b. Landscape works.
c. Erosion and sediment control works.
* (Refer to Advisory Note)
38. Copies of the approved plans, duly signed by the consultant Registered
Professional Engineer of Queensland (RPEQ) must be provided to Council’s
Engineering Officer Construction at the “prestart” meeting.
39. A detailed condition report including photographs of all frontages of the site must
be completed and submitted to Council prior to the prestart meeting.
40. A condition report including photographs of all fences and retaining walls bordering
the site and any buildings, structures, pathways, landscaping features etc on
adjoining properties that could potentially be impacted on by the proposed
earthworks and construction works must be completed and submitted to Council
prior to the prestart meeting.
41. A Construction Management Plan must be submitted to Council for approval prior
to the prestart meeting and must specifically include/address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures to be installed prior to
construction.
ii. Fencing to the work site during the construction phase to ensure the
safety of the public and the road users.
iii. Maintenance of safe pedestrians and cyclists access across the
frontage of the site both during daily construction and after daily
construction has ceased.
iv. Sufficient parking arrangements for trucks, machineries and
construction workers without adversely impacting on traffic flow and/or
the availability of on-street parking in the local street.
b. Maintenance and protection of water quality and existing drainage lines
through the construction site through the implementation of appropriate
erosion and sediment control measures.
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c. Works programme identifying key components of the works and their
respective durations.
d. The proposed dates for the commencement and the completion of the works.
e. Effective procedures and measures to minimise adverse environmental
impact on other properties and roads users including noise and dust
emission.
f. Establishment of a communication protocol with the adjoining owners and
any other affected parties to advise of construction times, impacts on traffic
and services and any other relevant issues.
g. Identification of communication and complaint management procedures
including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
42. Any changes to the details associated with the supervising RPEQ or Principal
Contractor during construction, must be notified to council in writing within five
business days of the change occurring.
43. Any alteration to existing services or conflict between the development and an
existing or proposed service must be referred to the relevant service authority for
determination prior to commencement of works.
DURING CONSTRUCTION
General
44. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to
assets must be repaired immediately where it creates a hazard to the community.
In circumstances where the damage does not create a hazard to the community, it
must be repaired immediately on completion of the works associated with the
development.
45. All works must be supervised by a Registered Professional Engineer of
Queensland (RPEQ) who is independent of the Developer and Principal
Contractor, and they must certify that all works conform to the Operational Works
permit. Where municipal works are involved, such confirmation must be submitted
for the respective hold points prior to any site inspection by Council Officers.
46. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans and conditions detailed in this Decision Notice.
b. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines, particularly PSP 5 – Engineering
Design Standards – Roads, Drainage and Earthworks.
c. The latest version of the Healthy Waterways document “Water Sensitive
Urban Design Technical Design Guidelines for South East Queensland” for
all water quality devices to be constructed on site.
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Driveways
47. Driveway crossovers must be designed and constructed generally in accordance
with the approved plans and in accordance with IPWEA standard drawing RS- 051
and must have levels and grades match the levels and the grades of the existing
concrete footpath without posing trip hazard.
48. The following must be complied with during the construction of the required
crossovers/driveways:
a. The driveway width must not exceed 6m at the front boundary line and 13m
at the kerb line.
b. The driveway surfacing must consist of either an approved hot mixed
asphaltic concrete or patterned/plain concrete and must have a slip resistant
surface.
c. The driveway must be constructed so as not to concentrate stormwater
runoff or ponding onto other properties and/or the road verge.
d. For public safety, the finish levels of crossover must ensure smooth transition
to existing surfaces such as the road grassed verge and existing concrete
pathway.
e. Where applicable, underground service conduits for water supply, electricity
and any other services must be provided as part of the access driveway
works.
f. Have a minimum clearance of 1.0m from any existing power poles,
streetlights or other signage.
g. Have a minimum clearance of 500mm from any Unitywater/Telstra asset,
unless a written approval is obtained from Unitywater/Telstra and submitted
to Council.
Pavement Design and Construction
49. Pavement design for privately owned works must be undertaken in accordance
with the relevant standards and be designed and constructed to comply with the
Disability Discrimination Act (DDA), Access to Premises Standard and relevant
sections of AS1428 Design for access and mobility. Structural integrity of the
driveway and car park areas will remain the responsibility of the property
owner/developer and must be certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
50. Safe pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out
construction works, Council’s Engineering Officer must be notified prior to the
proposed closure and all requirements complied with.
51. Where required, any reinstated road pavement must be in accordance with IPWEA
standard drawing RS-170 with road pavement resurfacing to consist of a minimum
depth of 50mm of an approved hot mixed asphaltic concrete.
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Earthworks
52. All earthworks must be undertaken in accordance with the provisions of AS 3798
Guidelines on Earthworks for Commercial and Residential Development, with
geotechnical supervision and testing undertaken in accordance with Section 8 of
the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
53. All Earthworks and construction works must be carried out taking into
consideration the protection of any existing above and below surface services, and
the stability and protection of fences and any buildings and structures on the
adjoining properties.
Stormwater Drainage
54. Works associated with this permit must not adversely impact on the existing
drainage conditions on other properties including road and public footpath by
blocking or interfering with overland flow path.
55. Construction of all internal stormwater drainage works must comply with the
relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
56. Sediment and erosion control measures must be in place prior to works
commencing. If such measures are not in place or are not satisfactory, “on the
spot” fines may be issued. Such fines can be issued if sediments from the site are
found to enter or have the potential to enter Council’s stormwater system, natural
waterways, any downstream stormwater filtration system or adversely impacting on
other properties. The sediment and erosion control design and measures have
NOT been approved, it is the site's Supervising Engineer who is responsible for
ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance
with "best practise" methods,
b. Been revised by an RPEQ or CPESC to address the issues raised by
changes in the projected construction schedule and/or methods,
c. Been revised to address predicted rainfall events, and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented
measures be found inefficient.
57. The erosion and sediment control measures must be designed, installed and
maintained in accordance with the supervising engineer instructions and the
current best practice standards * (Refer to Advisory Note).
58. The applicant must ensure non essential exposure of soil is prevented by
restricting the extent of clearing and minimising the duration of soil exposure to
adverse weather conditions and effectively turf or stabilise any cleared area
without delay and prior to rainfall occurring.
59. The applicant must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of
vehicles and/or machinery. It is essential to implement appropriate approved
erosion and sediment control measures throughout the site during all phases of
construction including vehicle shakedown pad/grid (or similar) at the access to the
construction site.
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60. Prior to the completion of the development and commencement of use, all site
surfaces must be effectively stabilised using methods which have achieved
effective short-term stabilisation and which will continue to achieve effective
stabilisation in the medium to long-term. For the purpose of this condition, an
effectively stabilised surface is defined as one that does not, or is not likely to
result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to
sedimentation, or lead to water contamination.
Damage to Services and Assets
61. Any damage caused to existing services, streetscape and assets (including kerb
and footpath) as a result of the development works must be repaired at no cost to
the asset owner at the following times:
a. Where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. Where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
62. Upon completion of the work and prior to the final inspection a certificate must be
issued by an RPEQ certifying that the works have been constructed in accordance
with the Operational Works permit and applicable engineering standards.
63. A final inspection and approval of the completed works by Council’s Inspector is
required. Please contact Council on 5329 6244 to arrange for the inspection
5 REFERRAL AGENCIES
Not Applicable.
6 ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
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 ACH 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.
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You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance
with the requirements of the National Construction Code - Building Code of
Australia (Volume 1) as they relate to people with disabilities. Your attention is
also directed to the fact that in addition to the requirements of the National
Construction Code as they relate to people with disabilities, one or more of the
following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning
Section to arrange a Development Compliance Inspection.
Infrastructure Charges
4. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued
in accordance with Council’s “Charges Resolution” made pursuant to the
Sustainable Planning Act 2009 and in conjunction with the State Planning
Regulatory Provision (Adopted Charges).
ENGINEERING
General Advisory Notes
5. Council has undertaken an audit check of the Operational Works drawings in
relations to the proposed works. A detailed check of the calculations and drawings
has not been undertaken, as they have been certified by a RPEQ. The RPEQ
bears full responsibility for all aspects of the engineering design. Council reserves
the right to require further amendments and/or additions at a later date should
design errors become apparent.
6. Council reserves the right to call up any performance bond held or levy charges
against the property, should emergency works be required to be undertaken by
Council to make the site safe due to inactivity on the development site for extended
periods of time.
7. Amendments to plans, in accordance to the relevant conditions, and/or any
requested changes to the conditions of this decision notice must be made within
the appeal period or the suspended/extended appeal period. Alternatively, an
application for “Request to change an existing approval” under the Sustainable
Planning Act 2009 must be made along with Council’s applicable fees.
8. It should be noted prior to arranging a pre-start meeting the Right of Appeal Period
of 20 business days should have been passed or the applicant has have confirmed
by a letter or an email that he/she has accepted the conditions of Decision Notice
and waived his/her appeal right.
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Erosion and Sediment Control
9. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment
Control V1.2 or other superseding document subsequently adopted by
Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control
Association (2008)
10. As a general rule, a site is determined to have achieved effective short-term
stabilisation if at the completion of the works:
a. Methods of stabilisation are:
i. appropriate for slopes and slope lengths; and
ii. are consistent with best practice environmental management practices
such as in the Manual for Erosion and Sediment Control or the IECA
Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in
visible evidence of sedimentation or erosion, or lead to water contamination.
c. If at the time of the completion of the works, the method of short-term
stabilisation has not achieved a level of stability that Council's Officers
believe will have a high probability of achieving long term stability, Council
Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
d. Evidence that the site has been effectively stabilised in the short term;
e. Evidence that soil has been adequately ameliorated;
f. Evidence that seed of annual and perennial grass species has been applied
at an adequate rate; and
g. That grass seed has germinated at a density that is likely to achieve an
effective grass cover.
ENVIRONMENTAL HEALTH
Environmental Protection Act
11. It is a requirement of the Environmental Protection Act 1994 that if an owner or
occupier of land becomes aware that a Notifiable Activity (as defined by Schedule
2 of the Environmental Protection Act 1994) is being carried out on the land, or that
the land has been affected by a hazardous contaminant, they must, within 30 days
after becoming so aware, give notice to the Department of Environment &
Resource Management’s Contaminated Land Unit.
12. 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 is defined as any
adverse effect, or potential adverse effect whether temporary or permanent and of
whatever magnitude, duration or frequency on an environmental value and
includes environmental nuisance.
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Section 14
Noosa Council documents
MCU16/0098
13. Persons and entities, involved in the civil, earthworks, construction and operational
phases of this development, are to adhere to their ‘general environmental duty’ to
minimise the risk of causing environmental harm.
14. The development must not cause any interference with the environment or amenity
of the area by reason of the emission of excessive noise or vibration, odour,
fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, 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.
15. All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants 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 under the Act apply for such offences.
Noise – Building Works
16. Noise from building works associated with commercial and or industrial
development should comply with the following –
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays
Food Business Licence Approval - Food Act 2006
17. The following is required for the manufacture of chocolate and the operation of the
cafe:
a. Any Licensable Food Business, as defined in Chapter 3 of the Food Act
2006, must obtain a Food Business License from council’s Environmental
Health Section prior to use of those premises.
b. Licence category will be “Multiple Food Preparation Area” if same
applicant/licencee for the manufacturing and café application, OR separate
applications for “Manufacturer MEDIUM” and “Eating Establishment” will be
required where there are different applicants/licencees for the food business
categories.
c. Plan drawings and an application(s) for a Food Business Licence is to be
made to council’s Environmental Health Section for approval prior to any
building approval, fitting out or use of the premises.
d. A statement indicating the purpose of the food premises, type of food sold,
proposed menu and maximum number of patrons at any time, is to
accompany the application for plan approval.
e. Construction and use of the food premises should comply with the “Food
Premises Design Construction and Fit-Out Guide” and the Food Safety
Standards.
f. Plans and approval is required for any mechanical exhaust ventilation
system, which must comply with Australian Standard AS1668.2-2002 “The
use of ventilation and air-conditioning in buildings”. Certificates must be
provided certifying the system (Form 15 & 16) complies with the Standard
and be lodged with council prior to commencement of trade.
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Section 15
Noosa Council documents
MCU16/0098
g. Certification by a suitably qualified person* that the plan design and/or
installation and operation of the mechanical exhaust ventilation system,
complies with AS1668 and the requirements of this Decision Notice must be
submitted to council. Completed Building Act 1975 Certificate Forms 15 and
Form 16 must also be provided prior to commencement of food preparation.
h. Horizontal hot air discharge from the mechanical exhaust ventilation system
in the direction of neighboring properties and/or the street precincts is not
desirable and may constitute an environmental nuisance under the
Environmental Protection Act 1994.
i. Toilets for customers and staff to be provided in accordance with the Building
Code of Australia. Design advice is to be obtained from a building certifier
on numbers and standards, including disabled access.
Rainwater/Detention Tanks
18. Any rainwater tanks/detention 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.
19. Where it is intended to use rainwater for drinking purposes, a suitable treatment
system is required to be installed to disinfect or treat the water to microbiological
and physical standards as described in the current Australian Drinking Water
Guidelines to make it fit for drinking purposes.
7 PROPERTY NOTES
Not Applicable
8 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
9 FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works - ( All Building Works)
10 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
11 SUBMISSIONS
No properly made submissions were received about this application.
12 REASONS/GROUNDS FOR APPROVAL
The Assessment Manager considers that the café is ancillary and complementary to the
primary industrial use on-site and will not cause any reverse amenity issues and
therefore is sufficient grounds to justify the decision despite the conflict with the Planning
Scheme.
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Section 16
Noosa Council documents
MCU16/0098
13 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and
make written representations to Council about the conditions contained within the
development approval. If Council agrees or agrees in part with the representations, a
“negotiated decision notice” will be issued. Only one “negotiated decision notice” may be
given. Taking this step will defer your appeal period, which will commence again from
the start the day after you receive a “negotiated decision notice”. (Refer to Part 8
“Dealing with decision notices and approvals” - Division 1 “Changing decision notices
and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
14 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully
Kerri Coyle
Manager Planning & Environment
cc Unitywater
Enc: Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights
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Section 17
Noosa Council documents
MCU16/0098
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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Section 18
Noosa Council documents
MCU16/0098
section 389, other than a notice for a decision under
section 386(2), may appeal to the court against the
decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
(3) Also, a person who has made a request under
section 383 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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Section 19
Noosa Council documents
SITE AREA 1665.8 sqm
26356 AREAS
anhole
Sewer M0.73 INDUSTRIAL BUSINESS TYPE 2 AREA 568.3 sqm
Lid R L 1
2856 2500 2500 2500 2500 2500 2500 2500 2500 2500 1000 USIL RL L 9.18 RETAIL AREA 40.6 sqm
IL R 9.23 MEZZANINE ADMIN / OFFICE 46.6 sqm
anhole U S 9.15
Sewer M.46 p DSIL RL TOTAL 655.5 sqm
rate id RL 9 6.33 Dro
9.
water G L L 7.86,. 6.33 Drop
8.
USIL RL
27
A
SP216079
17 7 7
L 8.35 3 7.87 CARETAKERS MEZZANINE AREA 28.4 sqm
USIL R 5
298
6
9. .18
RL 7.4 8 6.28 24.0 sqm
.
CAFE AREA
983.73
DSIL RL
.
6..8
2
EMT U
9. .73
64. 6 7. 9.8
9
130
RL 7.3
3
Tall Security fence on top of wall
15
289 83 .6
98° 54' 10"
16.0 sqm
6
3
KITCHEN AREA
7
7..07988.4
8. 11 47 .42
26.356
.
10
7. .7
20.0 sqm
7 8. 8
OUTDOOR DINING AREA
71 .20.10
355.
838
1100
1100.
170.420
10
190..91091
9 410
9 8.011
Concrete Block
110
7.
7.
7.
7...08
09
.
8.
..64
21 8
.68
61
8.
69
61
64
6300
TOTAL AREA 88.4 sqm
610
612
te
070
55
ater Gra
1
Retainer Wall
0
7
50
Stormw 0.78
.0
LANDSCAPE TOTAL AREA 743.9 sqm
Lid RL 1 2
2
8.
5400x2500
5400x2500
5400x2500
5400x2500
5400x2500
5400x2500
5400x2500
5400x2500
CARPARK
CARPARK
CARPARK
CARPARK
CARPARK
CARPARK
CARPARK
CARPARK
0
5400
AREA
TYPICAL
TYPICAL
TYPICAL
TYPICAL
TYPICAL
TYPICAL
TYPICAL
TYPICAL
IL RL 9.5
1
5400x2500
8
8..2
CARPARK
7.
14.5m2
TYPICAL
LANDSCAPE
27
89 SITE COVER (40.7%) 679.3 sqm
8
AREA
8.
8.
5.2m2 LANDSCAPE REQUIRED (15.0%)
27
249.4 sqm
14
323.0 sqm
7.
1 2 3 4 5 6 7 8 9 LANDSCAPE PROVIDED (19.3%)
51
88.
8.
7.
Ela eum (1)
.22
19
73 (TOTAL INCLUDING TURF AREA )
32
DRIVEWAY CROSSOVER
7.0m WIDE INDUSTRIAL
STREET
7.
LOT 9
8.
Garden
86
17
7.
TREE
52
7.
8
37
7. 7.7
7.
PARKING REQUIRED
87
7000
19.5 parks
6510
46
1663m2 PARKING PROVIDED 18 parks
8.
88. .0
88.
9
11
.000
054
7.
+ 4 motor bike parks
7.
0
55
91
7.
BOLLARD FOR
7.
Back of Barrier Kerb
83
46
ACCESSIBLE SHARED
9° 12' 35"
CAR PARKING CALCULATIONS
55.250
CARPARK AREA
7.
Ela eum (1)
95
7.
INDUSTRIAL BUSINESS TYPE 2= 568.3 + 13.5 CAR PARKS
55
STREET 16 15 14 13 12 11 10 RETAIL 40.6 +
TREE MEZZ ADMIN / OFFICE 46.6=
7.
7.
7.
7.
32
5400x2400
5400x2400
=TOTAL 655.5m2
SHARED AREA
CARPARK
CARPARK
54
84
20
ACCESSIBLE
TURNING BAY
STAFF
STAFF
7.
5400x2400
5400x2400
5400x2500
5400x2500
5400x2400
5400x2400
CARPARK
CARPARK
CARPARK
CARPARK
CARPARK
(CARPARKING CALCULATIONS)=
5400
LANDSCAPE
TYPICAL
TYPICAL
5400x2700
40
STAFF
STAFF
AREA 1 SPACE PER 30 UP TO 150m2
5.2m2 1 SPACE PER 50 FROM 150m2 TO 500m2
1 SPACE PER 100 THEREAFTER 500m2
190
7.
27
7.
7.
CAFE 26m2= 2.6 CAR PARKS
1000
42
29
BALUSTRADE ON TOP OF RETANING WALL OUTDOOR DINING 20m2= 2 CAR PARKS
Change in grade
RAMP DOWN PATHWAY
ROOF OVERHANG
7.
7.
7.
77..5 7.
77..
TOTAL REQUIRED 18.1 CAR PARKS
34
Garden
33
56
543 4
4580 .45
7
TOTAL PROVIDED 18 CAR PARKS +
7.
50
4 motor bike
7
7.
parks
21
CONCRETE WALKWAY
DBY
D re
cord WC
820
s VAN
7.
Ban int(1) WC
12
7.
APPROVED PLANS
Section 20
19
6000
7.
STREET
18
TREE 820
MCU16/0098
77..
6.
820
ques
0087
94
al Pla
7
7.
NOOSA COUNCIL
7.
09
19
WC
Electrical
EXIT
920
7. .17
Plaque
17 NOVEMBER 2016
7 .13
07
7
VAN
920
FFL 6.95
6.
6.
94
85
MV
SF
6.
WC
6.
6.
87
SHW
Ban int(1)
95
91
STREET
31420
POROUS PAVER WALKWAY
EXIT
6.
920
TREE
90
6.
86
6.
U/G Elec Plotted from Detail Works Plan SO104679 REV D
6.
97
INDUSTRIAL
86
NOTE:Sewer and Stormwater plotted
Supplied on 22/08/2016
188° 54' 10"
6.
BUSINESS TYPE 2 from Murray and Associates As Constructed Plan
91
Water plotted from DBYD records
Concrete Footpath
Telstra plotted from DBYD records
AREA
HAND
WASHING 568.3m2
63.292
STATION
920 920
44494
Ban int (1)
6.
ROOF OVERHANG
6.
58
6.
STREET
64
SITE / FLOOR PLAN
Chan
71
0
1
TREE 2
3
4
ge in
6.
5
6 SCALE: 1:200 @ A3 OR 1:100 @ A1
64
7
6.
8
9
57
MEZZANINE
grade
10
11
12 AREA ABOVE
6.
13
14
75.0m2
53
15
GLASS VIEWING AREA
6
6.
6.
.2
PROPOSED RETAIL AREA
21
28
2
(GREY HATCH)
40.1m2
Garden
6.
35
PROPOSED
POROUS PAVER WALKWAY
6.
Ela eum (2) LANDSCAPE KITCHEN
42
6.
STREET AREA 16m2
6.
47
47
TREE 222.7m2
66.
66.
ROLLER DOOR
.004
.008
6
4
8
.1
300
2
6.
666..2
6 6
6
266 66..12
6
.
62
.2.2 72
545
2.19 .07
.0 21
6. 8.97
3.06
3.
..2.86
PROPOSED
454.
80
nhole
FEATURE TIMBER
4
VOID ABOVE /
94
93
789
32118
wer Ma 6
6.
.
CAFE AREA PERGOLA OVER SCREENED
TRELLIS WITH
SCREENING
d RL 6.0
BIN ENCLOSURE
6.
24m2
3.98
STAFF CARPARK
VINES
35
EXIT 2# 2100 x 1500 & BIN
SIL RL 3.97
6.
5.
6.
39
WASH DOWN AREA
86
SIL RLL 3.94
6200x2100
36
6200
SIL R ROOF OVERHANG
5. .80
PROPOSED
4450
5
81
12000x3500
ox/ PAVED
Electrical B SRV LOADING
5. .068
6.
TIMBER FENCE/ SCREEN
COVERED
5
5..78
6 .9
Green Boy LOW WALL TO
5
93
31
BAY Q 11.09.16 ELEVATION & SECTION ADDED SB DJ
5. .531 .65
78
er Grate
P 24.08.16 ENGINEERS DETAILS ADDED SB DJ
6.
13074
SEATING AREA
57
17 O 19.08.16 LANDSCAPE PLAN ADDED SB DJ
5.
22
4 .2
PATH GATE N 21.07.16 3D VIEWS SB DJ
57
7 ENGINEERS DETAILS 20.0m2 M 19.07.16 CHANGES TO SITE PLAN SB DJ
7 5
354°
L 20.06.16 OPTION 2 SB DJ
6.
3 K 17.06.16 DEBBIES CHANGES SB DJ
4.15 0"
te
5.
M4
ater Gra
26
J 16.06.16 ENGINEERS / CLIENTS CHANGES SB DJ
6.
6.
TIMBER FENCE/
75
I 13.06.16 SURVEY ADDED SB DJ
StormLw5.80
09' 3
30
H 25.05.16 DEBBIES CHANGES SB DJ
TURF AREA
28
5
CARETAKERS
5.
G 24.05.16 DEBBIES CHANGES SB DJ
id R
SCREEN
F 16.05.16 CLIENTS CHANGES SB DJ
L
65
4.64
6.
5400x2100
te
CARPARK
75.4m2
ater Gra
E 12.05.16 ADDED CARETAKERS SB DJ
RL
11
IL
5400
6
D 01.04.16 ADDED 3D VIEWS SB DJ
S StormLw5.84
M3
U L 4.5 8 C 31.03.16 CHANGES TO FLOOR AREA SB DJ
USIL R B 09.03.16 DEBBIES NEW OPTION SB DJ
5.
4 .5 2 Lid R
5.
A 08.03.16 SKETCH DWGS ISSUED SB DJ
DSIL RL
FEATURE TIMBER 4# 2500x1500
90
5
IL RL 4.7
6
SCREENING TRELLIS MOTOR BIKE ISSUE DATE SUBJECT INIT AUTH
5. 5.5 56 5 5
5
M2
6.
58 7 5. 4.5 .5
WITH VINES SPACE
32
4. 03
08
15 ' 2
4°
AMENDMENTS
SP216079
55.
5 0"
.553
5.
5.
5.
18
6
5. 5.
SP216079
3
95
6 LORRAINE AVE, MARCOOLA QLD. 4564
6
5. 54.48.54
6
M1
5
854. 87
.
5.
1
EMT J
01
.45 53 .48
85 .550.8
5.
te
5
ater Gra
4..84
96
5.
.34 .43
5 43
The text continues on section 21.