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8. Appendix E - Previous Approval
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15 In the Planning and Environment No. 1505 of 2013 Court Held at: Brisbane el MENT COURT LAND \\|. 2g(Between: HYDROX NOMINEES PTY LTD (ACN 139 Appellant 262 123) FILED RISBANE NOOSA SHIRE COUNCIL Respondent JUDGMENT Before His Honour Judge Rackemann Date of Hearing: 28 — 31 January 2014 and 15 July 2014 Date of Order: 15 July 2014 THIS MATTER HAVING on 28 - 31 January 2014 and this day come on for hearing by way of appeal against the decision of the Respondent to refuse a development application for a development permit for a material change of use of premises for an Undefined Use (Home Improvement Store) & Retail Business Type 4 (Showroom) (the “Development Application”) in respect of land described as Lot 4 on SP246584 and Lot 1 on SP222982 and situated at 2 - 18 and 20 Hofmann Drive, Noosaville UPON THE COURT BEING SATISFIED THAT the change to the Development Application referred to the affidavit of Christopher Gerard Buckley sworn on 9 Judgment CONNOR O’MEARA Filed‘on behalf of the Appellant Solicitors Form PEC-7 Level 5, 370 Queen Street BRISBANE 4000 Phone: 3221 3033 Fax: 3221 6661 FINAL ORDER Email: [email protected] 1303407 Judgment.docx
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July 2014 is a minor change for the purposes of section 495(2)(b) of the Sustainable Planning Act 2009 IT IS ADJUDGED THAT: 1s The appeal be allowed, with the issue of costs to be determined. 2: The changed Development Application be approved subject to the conditions and plans attached hereto and marked “A”, contained in pages 1 to 51. Filed on (7 F% 72014 Filed by: Connor O'Meara Solicitors Service Address: Level 5, 370 Queen Street, Brisbane 4000 Telephone: (07) 3221 3033 Facsimile: (07) 3221 6661 Email: [email protected] Registrar
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“A” [1.__ APPLICATION DETAILS | Application No: MCU12/0051 Street Address: 2-18 & 20 Hofmann Dr NOOSAVILLE QLD 4566 Real Property Description: Lot 4 SP 246584 & Lot 1 SP 222982 Planning Scheme: The Noosa Plan (8 August 2011) [2. DECISION DETAILS | The following type of approval has been issued: ° Development Permit for Material Change of Use — Masters Home Improvement Store & Retail Business Type 4 - Showroom [.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 | PLANNING When Conditions must be Complied With ‘ly 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. Approved Plans Zz Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. Nature and Extent of Approved Use 3. The ancillary café must not exceed 150m” of gross floor area. Sunset Clause for Completion of Approved Development 5. The stage 2 Retail Business Type 4 - Showroom development lapses if the use has not happened by 28 March 2019. Land Amalgamation 6. All properties the subject of the development must be amalgamated, prior to the commencement of the use. Building Height Ke The maximum height of the main part of the Masters Home Improvement building (comprising the retail, timber and receiving areas) must not exceed 10 metres above finished ground levels. 8. The mechanical plant shall be screened in accordance with the Approved Plans. 2 The, maximum height of the garden centre area shall not exceed 9m above finished floor levels, and shall include a 5 degree pitch as generally indicated on the approved plans. 10. Certification must be submitted to Council from a Licensed Surveyor which certifies that the Masters Home Improvement Store building does not exceed the maximum height requirement of this Decision Notice. Page 1
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11: 12. 13. 14. 15. 16. 18. 19. Performance Bond Security in the form of a cash bond or trading bank guarantee to the sum of $35,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Built Form The exterior finishes indicated on the approved plans shall be maintained in the finished building, and include at minimum the modwood screen panels to the south elevation, PIR panels with exposed joints, FC sheet cladding, paint finish, groove lines to concrete wall panels in selected paint finish to those walls on the north. The canopy proposed to the front entrance of the Masters building shall be in accordance with the Approved Plans, and remain exposed and open as a roof on columns. s. The electrical transformer shall be located to the rear of the building, as indicated on the approved plans as ‘Transformer Option 1’. Signage Any advertising sign or device is to comply with Council's policies on advertising, alternatively, an application for Operational Works (Signage) is required for any signage in excess of this requirement. No signage is to be located along the northern elevation of the building facing Eenie Creek Road. Fencing Waste Management Refuse storage, removal and collection facilities must be provided in accordance with the following: (a) The provision of separate waste bins for general and recyclable waste must be provided. (b) The provision of hardstand impervious area for the permanent storage location of separate waste bins for general and recyclable waste; and (c) The provision of a purpose built enclosure to the bin store to provide visual and aesthetic screening from streets and pedestrian pathways. (d) The provision of a roofed wash-down area/s for the purpose of waste bin cleaning for all general and recyclable waste bins and fitted with a hose-cock and a drain connected to the sewer. The development site must provide for the entry and exit of waste vehicles from the site in a forward direction and the means, without difficulty to align the vehicle with any waste container (includes waste compactor equipment) and enable waste collection at any time scheduled for collection. The means to full-fill this requirement, details must be provided as part of the application for Operational Works approval and must include in particular: (a) Demonstration that all waste vehicles entering the site can appropriately manoeuvre on-site in accordance with the above and can readily align the collection vehicle with the waste containers, stored within a temporary on-site storage position to enable waste collection. *(Refer to Advisory Note) LANDSCAPING Landscaping Works Page 2
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20. 21. 22. 23. The development site must be landscaped generally in accordance with the Landscape Master Plan LC-02 Issue D dated 26/5/14 and prepared by LVO, except where amended by these conditions. The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan Planning Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular: Road frontages and covenant areas (a) Landscaping treatments to all road frontages to provide screening of the development. (b) Restoration and replanting of all covenant areas and the northern road reserve area adjacent to Eenie Creek Road to provide a visual buffer to the development, including understorey, mid-story and canopy species in accordance with a restoration plan submitted for operational works approval. (i) vegetated screening of northern and eastern boundaries of the site designed such that 75% of the bulk of the building, including roof form will be screened within 5 years. (c) vegetated screening of any electrical transformers, pumps bin storage areas or ancillary mechanical plant equipment from the car park and road frontages. Car park area (d) Provision of 100 litre shade trees of local native species to every 6 car parks. (f) Provision of dense understorey planting to car park shade tree mulched beds. (g) Provision of permanent pedestrian cross over strips (i.e. pavement, pavers) to car park shade tree beds to facilitate pedestrian movement, in order to prevent mulch compaction in beds. (h) Provision of root barriers to all car park shade trees adjacent to any storm water treatment devices to prevent tree root infiltration of storm water media or pipes. (i) Provision of 12 x 100 litre local native species in the garden beds on the southern side of the pedestrian shared zone aisle. (i) removal of all weeds species listed in the following standards and legislation: (i) declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003 (ii) Undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines *(Refer to Advisory Note) All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques and irrigation that allow for 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. All landscape works must be maintained generally in accordance with the approved design for the life of the development. Treatment of Temporarily Vacant Land Where some or all of the land remains vacant or undeveloped for more than 3 months, following the commencement of Stage 1, the following works must to be carried out: (a) the site must be graded (to the same level as the adjoining footpath wherever practicable) and turfed. (b) the site must be landscaped with perimeter planting consisting of advanced specimens of fast growing tree species. (c) drainage must be provided to prevent ponding. Page 3
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(d) (e) (f) the site must be maintained so there is no sediment run-off onto adjacent premises, roads or footpaths. the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths. where fencing is installed to secure boundaries: (i) the fencing must be durable and not capable of being pushed or blown over. (ii) the fencing type must not detract from local amenity (barbed wire is not acceptable). (iii) | vandalism must be promptly repaired and any graffiti removed. Retention of Existing Trees 24. Existing trees in the covenant area and in the road verge must be retained in accordance with an Arborist Report submitted for operational works for the development prepared by a qualified person and referenced in a Development Permit for Operational Works. FAUNA MANAGEMENT Fauna Management Plan 25. Prior to the commencement of any works over the subject land, a detailed Fauna Management Plan (FMP) must be lodged and approved by council delegate. 26. |The FMP must include the following information: (a) Staging of the clearing, (i) areas to be cleared. (ii) proposed dates for clearing. (iii) if fauna spotter presence is needed in each and every stage. (b) The Fauna Spotter is to: (i) Provide a copy of the QPWS Rehabilitation Permit of the fauna spotter catcher. (ii) An assessment of the fauna likely to be impacted, (iii) Ensure the clearing is conducting in a lawful manner. (iv) Contact details of the nearest wildlife animal specialist veterinarian or other appropriate party to humanely deal with injured wildlife. (v) Provide comment on the clearing with relation to the provision contained within SEQ Koala Conservation State Planning Regulatory provisions Table 7 , column 2, parts 4 -7. Clearing of Vegetation 27. Prior to the commencement of any works over the subject land, a Vegetation Management Plan must be lodged with any operational works permit application. The plan must document the following items: (a) (b) Vegetation removal, tree felling and lopping must be undertaken in an environmentally sensitive manner that avoids damaging surrounding vegetation, trees and habitat. Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:- (i) Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps. Page 4
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(ii) Disposal for firewood. (iii) | Disposal for landscaping purposes (iv) | Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose (v) Re-use for construction materials (vi) | Environmental weed species (camphor laurel, lantana) cleared from the site shall not be mulched, with the material to be removed from the site and disposed of in a Council approved refuse tip. (vii) Disposal of cleared vegetation by burning or burying is not permitted. CIVIL ENGINEERING UNIT 28. 29. 30. 31. 32. 33. Easements Prior to the commencement of use, a 9 metre wide easement for access purposes must be registered against the title of Lot 1 SP222982 in favour of Lot 2 SP222982 over the land area along the southern boundary of Lot 1 SP222982. Site Access and Driveways A sealed access driveway must be provided from Hofmann Drive and the Eenie Creek Road service road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval. Parking A minimum of 246 car parking and 4 motorcycle spaces must be provided and marked within stage 1, 34 car parking and 2 motorcycle spaces must be provided and marked within stage 2. The works must be undertaken in accordance with an Operational Works approval. , Motorcycle parking is to be provided in a location close to the entrance of the buildings. 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. Service Vehicles Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval. Pedestrian and Bicycle Facilities Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: (a) a 2.5 metre wide footpath within the Hofmann Road verge extending from the existing footpath adjacent to the roundabout at the entrance to the site to the existing footpath adjacent to the next roundabout to the northeast. (b) pedestrian pathways extending through the middle of the carpark generally in accordance with the approved plans. (c) adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels. (d) signage and lighting at strategic locations to direct people to building entries and public toilet facilities. Page 5
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(e) () (9) pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient congregating of pedestrians waiting to cross major access driveways a total of 30 bicycle parking spaces for stage 1, and 10 bicycle parking spaces for stage 2, which are to be located close to the entrance of the building. end of trip facilities involving 15 lockers, 2 showers and change rooms for stage 1, and 5 lockers, 1 shower and change rooms for stage 2. HYDRAULICS & WATER QUALITY Stormwater Drainage The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and QUDM, and must include in particular: 35. 36. (a) (b) (c) (d) (e) *(Refer to Advisory Note) Stormwater Quality Management the works described in section 3 and 5 of the Site Based Stormwater Management Report listed in this Decision Notice. collection and discharge* of stormwater to Hoffman Drive. extension of the site stormwater system to accommodate stormwater from the external catchment as nominated and shown in section 4 of the site based stormwater management report. Design calculations and comments outlining how external stormwater flows will be managed through the site from the external upstream catchment as proposed in section 4 of the site based stormwater management plan. Any final design must include: (i) a site based drainage system which accepts and conveys existing minor flows from Eenie Creek Road, Commerce Court and existing industrial development to the west. Detailed design calculations must be submitted with a concurrent operational works application which demonstrates no additional afflux on upstream private and public land. (ii) a site based drainage system which accepts and conveys external upstream major flows up to and including the 1% AEP flood event, without increasing afflux to existing upstream private and public land. (iii) analytical justification that demonstrates design flows can enter any proposed underground drainage system under appropriate blockage conditions. (iv) potential effects of flows in excess of the design flow including the consequences of the Probable Maximum Flood. (v) allowances made in the design for debris blockages of the inlet. (vi) potential effects of debris blockages in excess of that allowed for in the design. (vii) | an easement for drainage purposes to be registered against the title of the property in favour of Council over the land and drainage system which conveys external flows through the site. The easement must be granted at no cost to council. the use of gravity stormwater drainage and not surcharge pits. A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest Page 6
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37. 38. 39. 40. 41. version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular: (a) stormwater quality treatment devices of a size and location generally in accordance with those shown in section 5 of the of the Site Based Stormwater Management Plan listed in this Decision Notice. (b) bioretention devices which: (i) are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001. (ii) incorporate a coarse sediment forebay (in addition to the required filter media surface area), which is sized in accordance with the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland and designed generally in accordance with IPWEQA Standard Drawing No. WSUD-005. (iii) | have safe, unobstructed and all weather access from the road frontage for maintenance purposes, particularly for the coarse sediment forebay. (iv) are provided with a high flow bypass to ensure that flows which exceed the treatment capacity of the device are bypassed in order to avoid damaging of the filter media or subjecting the filter media to excessive sediment loads. (v) are provided with a free-draining outlet from the sub-soil drainage system. (vi) treat stormwater from all developed catchments (including roof and carpark catchments) prior to discharge. Permanent educational signage must be erected to educate the customers to the development about the function of the bioretention device(s). The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval. *(Refer to Advisory Note) Vegetated Devices All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Rainwater Harvesting Operating rainwater collection tanks must be provided for the development. The tanks must be provided in accordance with an Operational Works approval and must include in particular: (a) the details identified in section 5 of the Site Based Stormwater Quality Management Plan listed in this Decision Notice (b) a total tank capacity of 50 000 litres (d) re-use of harvested rainwater for internal non-potable uses and outdoor uses. Certification must be submitted to Council from a qualified person* which certifies that the rainwater collection tank and associated reticulation have been installed in accordance with the requirements of this Decision Notice. *(Refer to Advisory Note) Easements Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement Page 7
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42. 43. 45. registered against the title of the property. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Earthworks and Retaining Walls All fill and associated batters must be must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. Damage to Services and Assets Any damage caused to existing services and assets above or below the ground must be repaired: (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. (c) 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. UNITYWATER 46. 47. 48. 49. 50. 51. 52. 53. 54. Water and Sewerage The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second. A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater standards and requirements and remain accessible at all times for reading and maintenance purposes. Water meters must be located on alternative boundaries to electrical pillars. Buildings and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and inspection openings. The applicant must adjust the level of the existing sewerage inspection opening as necessary to suit the proposed finished levels. Work must be undertaken by Unitywater at the owner’s cost. Where the existing sewerage inspection opening point is located within a sealed or concreted area, a brass cap is required to be fitted. Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure. Redundant sewer pipes within the development site must be removed or slurry filled. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties. Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs Page 8
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associated with repair, replacement or alteration of infrastructure must be met by the applicant.
| 5. REFERRAL AGENCIES
The referral encies applicable to this application are:
jerrall es en ae ieee
Concurrence | Department Of State Controlled The agency provided its
Transport & Main Road, response on 13 November
Roads : 2012. A copy of the
cae response is attached.
Railways
Concurrence | Department Of Contaminated Land | The agency ears
Environment & Coastal Management | 'SPonse on 10 July 2Uilc.
Heritage Protection Matters A copy of the response is
attached.
Advice Department Of Wetlands The agency provided its
Environment & ‘ ; response on 16 July 2012.
Heritage Protection a A A copy of the response is
attached.
[6. APPROVED PLANS _
is
The following plans are Approved Plans for the development:
Approved Plans
Plan No. Rev. | Plan Name ; _| Date
2869 DA-00 F Locality Plan, prepared by Leffler Simes 04/06/14
Architects
2689 DA-01 A Existing Site Conditions, prepared by | 13/04/12
Leffler Simes Architects
2869 DA-03 F Site Plan, prepared by Leffler Simes | 04/06/14
Architects
2869 DA-04 F Floor Plan, prepared by Leffler Simes | 04/06/14
Architects
2869 DA-05 E Roof Plan, prepared by Leffler Simes | 23/05/14
Architects
2869 DA-06 E Elevation, prepared by Leffler Simes 25/07/13
2869 DA-08 F Sections, prepared by Leffler Simes 23/05/14
2869 DA-09 E Easement Plan, prepared by Leffler | 23/05/14
Simes
2869 DA-11 A Typical Details, prepared by Leffler Simes | 26/05/14
2869 DA-12 B Sections with Sight Lines, prepared by | 23/05/14
Leffler Simes
2869 DA-020 G Site Plan - Stage 1, prepared by Leffler | 04/06/14
Simes Architects
2869 DA-21 B Tenancy Floor Plan and Elevations, | 23/05/14
prepared by Leffler Simes Architects
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The following plans require amendment prior to becoming Approved Plans for the development: Plans Requiring Amendment ‘Plan No. | Rev. | Plan Name Date ‘Amendments [7.__REFERENCED DOCUMENTS ne] The following documents are referenced in the assessment manager conditions: Referenced Documents N-B9083.20 B Site Based Stormwater Management | 05 Plan, prepared by OPUS International | October Consultants 2012 The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions: Equitable Access and Facilities 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 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.” \t is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act. Unitywater Connection to Unitywater live water mains must be undertaken by Unitywater at the applicants cost. A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system. Page 10
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The rising main crossing the north eastern corner of the site is no longer in use. No diversion is required. Pipework may exist in the ground and will need to be removed or slurry filled. A redundant gravity sewer pipe may be located within the southern portion of the site requiring removal or slurry filling. ENGINEERING 6. Footpath Connectivity It is advised to enter into discussions with the owner of the Noosa Civic (Lot 3 SP246584), so as to complete a small portion of footpath adjacent to the office buildings within the western portion of their site adjoining the small roundabout along Hoffman Drive. This small section of unfinished pathway within private property, will provide connectivity to both the Noosa Civic Shopping Centre and the proposed development. Building and Construction Industry (Portable Long Service Leave) Levy From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the ‘Building and Construction Industry’. This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of ‘Building and Construction Industry’ under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855. Co-ordination of Operational Works Assessment To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application. Preparation of a Preliminary Construction Management Plan The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works. To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme. In particular, the preliminary Construction Management Plan should address the following: (a) traffic management during all aspects of the construction phase including: (i) a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction (ii) maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased (iii) proposed fencing to the site during the construction phase of the development (iv) approval of the Traffic Management Control Plan by the Department of Main Roads (DMR) for any works on State controlled roads (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 Page 11
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(c) works programme identifying key components of the works and their respective durations (d) establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues (e) identification of complaint management procedures including: (i) contact details for the on-site manager (ii) dispute resolution procedures (f) details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense (g) it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project. HYDRAULICS AND WATER QUALITY 10. 11. 12. 13. Qualified Person For the purpose of certifying that the design of the rainwater harvesting system is in accordance with the requirements of this decision notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber. Lawful Point of Discharge The applicant is advised that a lawful point of discharge for the development will need to be determined and demonstrated as part of a detailed design solution included with the Operational Works application. Bioretention Basin Educational Signage Suggested wording for the permanent educational signage required by this Decision Notice is as follows: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to (insert name of receiving waters)”. Waste Management Operational Phase For the purpose of demonstrating compliance with the waste management condition, the applicant is requested to contact Council’s Waste Management Branch. The respective waste collection vehicles (i.e. for collection of 2401 wheelie bins, 1100! and greater bulk bins) and their dimensions will be provided upon standard drawings when requested. Note: Council’s Waste Contract does not include the supply of waste compactor equipment. Only the service of a compactor is provided under the contract by Council. Subsequently the applicant must ensure that any compactor intended for use by the development can be serviced utilising the Contractor provided Waste Compactor Servicing Vehicle. ['9: PROPERTY NOTES | Not Applicable. | 10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME | Not Applicable. Page 12
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{11. FURTHER DEVELOPMENT PERMITS REQUIRED |
e Development Permit for Operational Work (External Works, Water and Sewerage Works,
Carparking, Driveways, Stormwater Drainage Works, Landscaping, Vegetation Clearing and
Fauna Management)
° Development Permit for Building Work
| 12. SELF ASSESSABLE CODES |
Advertising Devices Code.
[ 13. SUBMISSIONS |
There were 8 properly made submissions about the application. In accordance with Sustainable
Planning Act 2009, the name and address of the principal submitter for each properly made
submission is provided and attached.
[14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITHSCHEME __|
The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
1. The proposal is similar to a Hardware store, which is identified as a consistent use within
Precincts E5 & B3 of the Noosa Business Centre and will add to the choice and variety
available to consumers, to the community's benefit.
2. The proposed development will not adversely impact upon the economic viability of the
Noosa Business Centre or any other business centre within Noosa.
3. The proposal is generally consistent with the Noosa Business Centre Review 2009, which
identifies hardware stores, garden centres and trade related showrooms within Precincts B3
& E5 as consistent uses.
4. The Home Improvement Store provides an appropriate transition in uses from the Noosaville
Industrial Estate to the Noosa Business Centre.
[15.__ 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”.
[16. OTHER DETAILS |
If you wish to obtain more information about Council's decision, electronic copies are available on
line at www.noosa.gid.gov.au, or at Council Offices.
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THIS DRAWING AND DESIGN IS SUB/ECTTO COPYRIGHT AND MAY NOT BE REPRODUCED WITHOUT PRIOR WRITTEN CONSENT OF LEFFLER SIMES ARCHITECTS i woe DA Issut we 20R 8 DASSUE waa aan snyuto tok COORDNARON. tae son 2 CHANGES IO DA AS REQUIRED rs wok NYSED DA FOR ArPROWAL ast Sates \PEVIRED DA FOR APPROWAL oe PROPOSED DEVELOPMENT Locality Plan Scale NTS. Masters WW SCALE: NOT TC
Page 17
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Page 18
25
st
BRUSHED COVERED Biv
CONCRETE SORES
STAGE 2 nee
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ene UANerenre
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ENTRY/EST
TERS SITE AREA (STAGE 1}
STAGE
TOTAL SITE AREA
MASTERS GFA:
RETAIL CENTRE = 6.24050M
GAROEN CENTRE = 995 SQM
TIMBER CENTRE . 857 SQM
RECEIVING . 851 SQM
OFFICE = 3245QM
TOTAL MASTERS GFA = 9277 SQM
TOTAL UNCOVERED USE AREA = 545 SQM
TOTAL MASTERS USE AREA = —-9,8225QM
MASTERS CAR PARKING
DBABLED - 8 SPACES,
ORDINARY = 250 SPACES
TOTAL CARPARKING =
(38.1 Sam)
STAGE2
TENANCY GFA =
DINARY «
TOTAL CARPARKING =
TOTAL CARPARKING *
LEGEND:
SITE COVERAGE:
STAGE | SITE COVERAGE = 0m
STAGE 2 SITE COVERAGE = 22% GROSS FLOOR AREA
OVERALL SITE COVERAGE = 25%
UNCOVERED USE AREA,
LANDSCAPING TO LANDSCAPE oat 5
ARCHITECT'S DRAWINGS BOP ERNN
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Page 19
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Page 20
THIS DRAWING AND DESIGN IS SUBECT TO
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LEFFLER SIMES ARCHITECTS
’ sae
. ane
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10 WrORAUUIC MECHARICAL ENGINEERS STRUCTURAL ENGINEGRS AND NGINEER'S MANUFACTURER'S OFTALS
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canary WATER EAVES GUTTER Weert LOUVRE ” TOMAN ‘CONFRMED BY TO MANN ENTRY ROOF 10 OUSIDE FACE OF WATER EAVES GUTTER RAIN TO MECH ‘CANOPY
TO WYORAUUC MMECHANECAL ENGINEER'S FEATURE HYDRAUUC ENGINEER canory PARAPET WALL TO MTDRAUUIC ENGIEERS
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Page 21
FCSHESCLADDNG— COLORBOND METAL EAVES ~ MODINOOD OR ROOFIOP MECHANICAL UNIT Wit
, TO TRADE CENTRE GUMER 8 COWNPIPE EQUIVALENT FEATURE (QUVRE SCREENING TO
LX parr Feature ‘WALL CLADDING MECHANICAL SNGINEER'S DETAUS
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ALUMINKIM FRAMED DADO CONCRETE (QOOR Wi COLOR TO STRUCTURAL ENG. DADO ‘CONCRETE BASE ALUMINIUM FRAMED
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Scale 14:250
ctooveunes 10 ——-— BOOHOP MECHANICAL UNE —— —~ EIA. CLADOING 10 REN
CONCRETE WALL PANELS, | WITH LOUVRE SCREENING TO (OF MAAIN ENTRY FEATURE
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| aA
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‘THIS DRAWING AND DESIGN IS SUBJECT TO.
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ial Laruseincaes Cowanag eres. ee, WITHOUT PRIOR WRITTEN CONSENT OF
R
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PAINT FINISH nC BOND HEAD FLASHING PAINT FINISHED
NORTH ELEVATION “"S"™™"""
Scale 1:250
Fc sitet CxADONG TO“ — ROOFTOP MECHANICAL UNIT WALL WITH SELECTED— ROOF BOGE COLORKOND FASCIA 10 RETAIL [ROOFTOP MECHANICAL UNIT PICKED ROOF 10
ENTRY BOX FEATURE | WITH LOUVRE SCREENING TO | OPENING INSELECTED | (CENIRE ROOF. | WITH LOUVRE SCREENING TO GARDEN CENTRE
oo PAINT RNSH | MECHANICAL ENGINEERS.
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Seale 1:250
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TO STRUCTURAL | was touvee scmeeneic 10 EAVES GUTTER 2
ENGINEER'S SPECIFICATION MECHANICAL ENGINEER'S DOWN PE
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EAST ELEVATION
ITH ELEVATION
SOUTH ELEVATION
KEY PLAN
LEFFLER SIME
Page 22
AMTED STRUCTURAL STEEL RAFTERS —_——
10 SIRUCT. ENG. DETANS
Maine ENTRY ROOF CANOPY
REYOND TO FUTURE DETAR
ea
ENGINEER'S DetaRs |
GROUND ROOR
MANUFACTURERS DETALS
ROCFIOP MECHANICAL UNA
MECHANICAL ENGINEES
DETALS
COLORBOND FASCIA 10
WIM LOUVRE SCREENING TO RETAIL CENTREROOF
—— BOXED GUTTER. SE TO WE —
CONFIRMED BY HYDRAULIC
ENGINEER
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WITH LOUVRE IC REBNENG TO EAVES GUTTER &
COWNPIPE 2EYOND
ROOF OVERHANG.
THIS DRAWING AND DESIGN IS SUBJECT TO
COPYRIGHT AND MAY NOT BE REPRODUCED
Ao. WITHOUT PRIOR WRITTEN CONSENT OF
LEFFLER SIMES ARCHITECTS
amie OAs a
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CONCRETE WALL PANELS 10
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CONCRETE WALL PANELS 10 GLAZED AUTOMATIC —— NOMEDGUTER STEIO == | CONCRETE STRUCTURALSTE — GLARED AUTOMATC — nxt guitea, sue 10 R CONCRETE SLAB
STRUCTURAL ENGINEREY SLIDING DOOR BEYOND HE CONMEMED BY ROOR NEN COLUVN-BEYOND AS SLIDING DOOR BEYOND 88 CONFIRMED 8Y AND FOOTING 10
IECRICATION HOORAUUT ENGINES PER STRUCTURAL HYORAUUC ENGINEER STRUCTURAL
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f } Scale 1:250
PARCIED SmRUCTURAL STEEL RAFTERS ——————- METAL ROOF SHEETING ROOMOP MECHANICAL UNT =—-— ROOF ROGE —-ROOFTOR MECHANICAL Unt — COLORBONO METAL ’
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aN STRUCTURAL ENGINEERS AND MECHANICAL ENGINEERS MECHANICAL ENGINEERS COmNPE
fl MANUFACTURERS OETARS OeTARS DETAKS
( ROOF OVERHANG TO STRUCTURAL — — | ROOFS” —— mie 4008 517 —— TOP OF SCREEN ROOF OVERHANG —
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FEATURE WALL \
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GUTIER & DOWNPPE CONCRETE WALL
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|_ siereacur anboee ENGINEERS DESION ENGREERS ENGRIEEWS OETANS
SECTION B:B aEvOND Seton RACKING HEIGHT
Scale 1:250 Scale NTS
== PANIED SRRUCTURAL STE, RAFTERS METAL ROOF SHEETING AN ROOMOP MECHANICAL UN ROOF RDOE —_—ROOMOP MECHANICAL Wea? COLORBOND METAL
TO STRUCT. ENG. DEIARE ] ROOK STRUCTURE TO Wt LOUVRE SCREENING 10 {WITH LOUVRE SCREENING TO AVES GUTTER A ]
STRUCTURAL ENGINEERS AND MECHANICAL BNOMEEES MECHANICAL ENGINES DOWnPrE
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« are ENGINEERS DESIGN: ENGINEER'S: ENGINEDRS DETARS
SPECHICATION
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« ROOF STRUCTURE TO SRYUGHT Wits LOUVRE SCREENING TO TOINSIOE FACE OF WITH LOUVRE SCREENENG 1 system WITH LOUVRE SCREENING 1 «ROOF STRUCTURE TO. FENCE AND SEONG DOOR wine
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TOP OF MAIN ENTRY | FASCIA 10 RETAL | 1998 aU 1998 aoor ance | mivsn CANOPY ABOVE LOADING.
WALL CENTRE | ¥.
cOLORBOND —
CONCRETE FLOOR
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FEATURE SCREEM Wil} FABRIC
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REFER TO DETAIL 5, DWO DADS,
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= 2 Seole 1:250
PAINTED STRUCTURAL
STEEL COLUMNS TO
STRUCT. ENG. DETAILS
INSULATED WALL
PANELS
GLAZED AUTOMATIC.
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CONCRETE FLOOR ~
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LEFFLER SIMES
Page 23
THIS DRAWING AND DESIGN IS SUBJECT TO COPYRIGHT AND MAY NOT BE REPRODUCED WITHOUT PRIOR WRITTEN CONSENT OF LEFFLER SIMES ARCHITECTS 21
Page 24
Ko” memes
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WITHOUT PRIOR WRITTEN CONSENT OF
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DETARS AND SPECICATION
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22
Page 25
> TOP OF MAIN ENTRY FRATORE WALL ghe ee Rreoas Dulhiie OF Bite BOR BeKOHIC = SPARAPET (EVEL a — c R100 : \ SECTION B Scale 1:250 —LANOSC APE AS FER LANDSCAPE > ROOMIOP MECHANICAL UNIT 2008 noaE ROOHOP MECHANICAL UNIT — PEDESTRIANS UNE OF VISION WITH LOUVRE SCREENING TO MECHANICAL ENCINEER S DETARS TOR OF SCREEN PEDESTRIANS LINEOFVSION —-GUTLINE OF ENTRY BOX. See MAIN BUIRY ROOF CANOHY)——> cea BEYOND 1O FUTURE DEAN, yo rN JABAL RODE SHRETING AND. ROOF STRUCTURE TO. STRUCTURAL ENGINEERS AND MANUFACTURERS DETARS ROOM? MECHANICAL UN 2008 RIDGE ‘WIM LOUVRE SCREENING 10 MECHANICAL ENGINEER'S DETALS ——LANOSCAPE AS PER LANDSCAPE ARCHITEC SPECYRCATION aR THIS DRAWING AND DESIGN IS SUBECT 10. Manber COPYRIGHT AND MAY NOT BE REPRODUCED WITHOUT PRIOR WRITTEN CONSENT OF Aeon LEFFLER SIMES ARCHITECTS sek onset we noe 8 REVEED DA FOR APPROVAL ae GROUND ROOR gma SECTION C:C Scale 1:250 SECTION D. (J sesie 1:250 a is Masters PRs KEY PLAN LEFFLER SIMES DA-12
Page 26
AM THIS DRAWING AND DESIGN IS SUBJECT TO
Member (COPYRIGHT AND MAY NOT BE REPRODUCED
\ WITHOUT PRIOR WRITTEN CONSENT OF
! { ' LEFFLER SIMES ARCHITECTS:
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5:2405GM
END OF TIP FACILITY:
2SHOWER/IOLET, CHANGE
MASTERS SITE AREA (STAGE 1) =
PADSIEAREA(STAGE2) = 7AB0 SQM.
TOTAL SITE AREA = 38791 SQM
MASTERS GFA:
RETAIL CENTRE = 62405QM
GARDEN CENIRE = 995 SQM
TIMBER CENTRE . 857 SQM
RECEIVING. = 861 SQM.
= =
TOTAL MASTERS GFA = 9277 sQM
TOTAL UNCOVERED USE AREA = 54550M
TOTAL MASTERS USE AREA = 9.822S0M
MASTERS CAR PARKING |
DSABLED = _BSPACES
ORDINARY = 250 SPACES
TOTAL CARPARKING = (258 SPACES SEGEND:
(138.1 SQM)
STE COVERAGE. GROSS FLOOR AREA
SITE COVERAGE s UNA
‘OVERALL SITE COVERAGE . 295%
UNCOVERED USE AREA
LANDSCAPING TO LANDSCAPE a
ARCHITECT'S DRAWINGS
Page 27
THIS DRAWING AND DESIGN I5 SUBJECT TO. COPYRIGHT AND MAY NOT BE REPRODUCED — WITHOUT PRIOR WRITTEN CONSENT OF LEFFLER SIMES ARCHITECTS Te TT COLOROND Weta: Eaves erat — true comcast — Tianey sGuAce seta INCALUMEMETALROOF. —— COLUMNS TO STRUCTURAL GuiteR & DOWNeIPE TO CLADDING PANELS WIM SELECTED IQHTIOR TO FUTURE CLADDING SHEETING 10 SIRUCTUBAL ENGINEERS DEVAS x HYDRAULIC ENGINEERS OFAKS Paint Foust APPLEATION ENONEERS AND no 8 scar aa eae ; MANUSACIOPINS DETARS ; 7 — = a — + 3 “< (7 COLORIOND METAL EAVES: er SGUTER & DOWNERS TO HYORAUUC ENGINEERS DETALS \ = SS = a MEAL CLADONG ' — ATED ALUMNI ‘SUArED sHortRONT 1 a ° = - ; | , ! | TATU? CONCRETE ! TUTUP CONCRETE POWDERCOATED ALUMNA — TATUP CONCRETE PANELS: Panes wit PANELS Wits GUARD BHOPFRONT (7H SELECIED PAT Pan SELECTED Pant Peat SELECTED Pane Pes t POWDERCOATED ALUaAn GLAZED Pt coumi — Ke COLCRRONO METAL EAvEE —— rouwcy MEAL — -————corumarosucraar—- ——_ —— estat ROOF — (hee concent pans stRucTueAL Cason GumEe LDoWnreE TO. Lortaax to runote cuxcone | Deans SHEETING 10 SRUCTUAL eee ‘AND + ! a ro harur cor WN SIORES — a 1 WeW SRTED Pane) PG | he — - TIN. oil T ‘ ‘ Jes i= 0 OF me ACAI ) IORET, CHANGE room ANOS LOcKaRe ' A\ —, L__ sours L__ nw concer screen rouse — — : ——eor—or NORTH ELEVATION ‘SIRUCTURAL poor PANELS WITH SHUTIER OCOR % ENGNEERS DETAUS SELECTED PART RNGH | Seale | $$ onncsins—) ALUMINIUM GLAZED TOTAL AREA | GFA 1.737 SQM 3 CONCRETE ROOR Fuse 3 fi - rere aCe, 1 = Sere | DOGURODE ah Sree COLORIOND METAL EAVES — Sa vs — ' ria 1 GUTTER & DOWNPIPE TO 1B DOWNPRE IO * BLACT LEVEL TO BE 1 | 5 — HYDRAULIC ENGINEERS DETARS | RYORAUUC ENOWEEEY DEIALS CONHRMED BY CIVIL ENOINEER Ni ail ohm’, — - wend en of be | 1 Ae , y | \ h ; \ 4s DATED ——— 4 1 ‘Union GLALED 1 : | i | fi ' ' ' | : * se t Ne Bc ( 1 | | rs 5 : mentee) TRIUP CONCRETE PANELS, WIM SELECTED PANT FRSGH ' - ; NORTH ELEVATION ~ é } TENANCY FLOOR PLAN Scale 7:10 Seale 1:250 Masters PW® ore tee ‘ rt By a
Page 28
LANDSCAPE PHOTOMONTAGE
+ Refer Photos on LC-04 tor
Indicative Views from this Position
ond angle
PROPOSED TREES - Refer Plant
Palette on LC-06 for Container
Sizes & Species
PROPOSED FEATURE TREES -
Refer Plant Palette on LC-06 for
Container Sizes & Species
PROPOSED CARPARK/SMALL
TREES - Per 6 cor baysRefer Plant
Palette on LC-06 for Container
Sizes & Species
FEATURE/MIDDLESTOREY
PLANTS - Reter Plant Palette on
LC-06 tor Container Sizes & Species
UNDERSTOREY/
GROUNDCOVERS - Refer Plant
Palette on LC-06 for Container
Sizes & Species
EXISTING PLANTING TO BE
RETAINED
High canopy and low grounccover planting to maintain sight lines
' and passive surveillance opportunities from street to building, as per
standard Crime Prevention Through Environmental Design principles.
DECORATIVE BOULDERS
Proposed Masters Home Hardware Buliding.
Advanced trees with dense understory planting to carpark medians
(1 per 6 car bays) and traffic islands to increase pedestrian comfort
through increased shade levels and reduced visual impact of car park
PROPOSED DECORATIVE
hardstand.
4 Clear trunked canopy. shade trees to car bees bays to be, minimum, ROCK MULCH
P 100L container stock with non invasive roots & low levels of leaf drop. PROPOSED SUPPLEMENTARY
Re
@
C3] PROPOSED GARDEN BED
ie
S
PLANTING TO AREA OF
EXISTING NATIVE VEGETATION
mmm mm PROPOSED SUPPLEMENTARY
PLANTING TO AREA OF
EXISTING NATIVE VEGETATION
5 Advanced endemic trees to primary customer entry point with earth
mounding, bouiders and massed groundcovers to create landscape
feature statement and buffer car park from road.
é Advanced Eucalyptus spp. intensive screen planting to buffer proposed
building from new road frontage.
Bold colour foliage planting to signage surrounds to increase visual
7. impact and site legibility.
BIO RETENTION - Pr ed
8 Dense screen planting about tanks ion pump house to reduce visual bio retention area oaerch
qd impect on adjacent properties without inhibiting service access engineers drawings. To be
9 Landmark feature trees to site entry points to be advanced endemic planted with wetland species,
| : habitat species. Species must also be drought
/ tolerant due to wet/dry cycle
i Raised planter beds in fron! of building planted with large shrubs of small at proposed storm water
10. trees to break up continuous exterior building surface.
systems.
Environmental rehabilitation corridor (Covenant Area} with ail existing
n. endemic vegetation to be retained, ail exotic weeds removed and
tubestock planted as per SCRC guidelines and council conditions in
notes below. Temporary fencing to be installed through the construction
phase to protect existing trees.
1 Electrical transformer, pumps. bin storage areas to be screened trom
2. view with vegetation or timber baton screen where gardens are no!
Possibie
13. Site perimeter planted with fast growing native trees.
4 Stage 2 - future development to be turfed on completion of stage 1.
=
Notes: Landscape Design is compliant with the following council conditions <x
Where koala access |s impeded by a fence or - Restoration and replanting of alll covenant areas - Removal of all weed species listed in the following - Existing trees in the covenant areas and - Maintenance establishment period top be 12 od
retaining wall; and the northern road reserve areas adjacent to the standards and Reon: in the road wen? must beretainedin months
Eenie Creek Road to provide a visual buffer to the Declared ps ints under the Land Protection (rest accordance with an arbonst report submitted fsa 7 Zz
- Climbing poles are to be erected at regular development, including understory, mid story and and Stock Route management) Act 2002 and su’ for operational wor for the development - Imigation and imgation water supply to all
intervals Giong the structure at an Sppecamcte 45 Sanopy Species in accordance with restoration plan ordinate regulation 200: prepared by a quaii ed paisan and referenced proposed new landscape areas (excludes
degree angle on either side of the structure: submitted for operational works approval. Z s ‘ in a Development Permit for Operational Works covenant areas) LS
a haat > Undesirable species as listed in Planning Scheme : 4 nie ? .
- Plant vegetation within close proximity {branches - Vegetated screening of northern and eastern Policy 3 Landscaping Plants and Guidelines - Tree Plantings must maintain a minimal - Tree root barriers to be provided to car park =
foucrang) ‘on either side of the fence to provide a boundaries of the site designed such that 75% of the bulk horizontal clearance of Im from Unitywater shode trees adjacent to any storm water
natural ladder; of the building, including roof form will be screened in 5 - All landscape works must be established and watermains, and 1.5m from Unitywater | treatment devices ra
= years maintained in accordance with horticultural best pevigroge mains. Landscaping plants within
- Install panels or planks horizontally along the . : ‘actice with construction techniques and imigation these clearances must be low growing when
top of the fence to provide a walkway, where - Vegetated screening of any electrical tramsformers, hat allow for healthy, sustained and vigorous plant mature and suitable approved varieties O
appropriate; pumps, bin storage areas or ancillary mechanical plant rowth. All plant maternal must be allowed to grow to r
. . equiptment from the car park and road frontages full form and be refurbished when it's life expocioncy - Environmental weed species {camper j
- Use fence materials, such as a timber post and rail oom a is reached, faurel, lantana) cleared from site shall not be
or chain wire, that o koala can Sosy orb and climb ~ Provision of root barriers to all car park shade trees : mulched, with the material fo be removed from LJ
or leave a minimum 300mm gor between ground adjacent to any storm water treatment devices to - All landscape works must be maintcined generally in the site and disposed of in a council approved
level and the first rail or strand of any fence. prevent tree root infiltration of storm water media or Seenraance wth the approved design for the life of refuse tip >
pipes je developmen’
LL
Oo 10 20 30 40 50 fy
teak —
‘ lent Caeng Te
z lane HYDROX NOMINEES PTY LTD LANDSCAPE MASTERPLAN
te Project:
: f HOME IMPROVEMENT STORE - NOOSA scow: own checked
EENIE CREEK RD, re me Oe
NOOSA. GLD 4566 fei corer: me DG
112014.1 LC-02 D
—1 —s ==
Very Gmensions ono lnvae OF ie Galore telling our Conor ica, Feter Concer cence Boidlen aes taaoata
te figuied dimensions «mm unless slated otherwhe Copytight vO Pt, itd
Page 29
® Queensland » Government 13 November 2012 The Chief Executive Officer Sunshine Coast Regional Council Locked Bag 72 Sunshine Coast Mail Centre QLD 4560 Attention: Jack Lewis Dear Sir CONCURRENCE AGENCY RESPONSE — CONDITIONS Proposed Development: Development Permit for Material Change of Use —- Undefined Use (Home Improvement Store) and Retail Business Type 4 (Showroom) Real Property Description: Lot 1SP222982, 4SP246584 Street Address: 2 Hofmann Drive, Noosaville QLD 4566 Assessment Manager ref.: MCU12/0051 Local Government Area: Sunshine Coast Regional Council Reference is made to the referral agency material for the development application described above which was received by the Department of Transport and Main Roads (the department) under section 272 of the Sustainable Planning Act 2009 (SPA) on 1 June 2012. An assessment of the proposed development has been undertaken against the purposes of the purposes of the Transport Infrastructure Act 1994 for state-controlled roads, the purpose mentioned in section 258(2) of the Transport Infrastructure Act 1994 for railways and land use and transport coordination under the Transport Planning and Coordination Act 1994. Based on this jurisdiction, the department provides this concurrence agency response under Section 285 of the SPA in accordance with the following submitted material: The department advises the assessment manager that it requires conditions to attach to any development approval for the application. The department would also like to provide advice about the application to the assessment manager under Section 287(6) of the SPA. Department of Transport and Main Roads Our ref TMR12-002868 Program Delivery and Operations Your ref MCU12/0051 North Coast Region / Sunshine Coast Office Enquiries Richard Day 12 First Avenue Maroochydore Queensland 4558 Telephone +61 7 5370 5556 PO Box 1600 Sunshine Plaza Post Shop Maroochydore Facsimile 461 7 5370 5598 Queensland 4558 Website www.tmr.qid.gov.au Email [email protected] Page 1of2 27
Page 30
Under Section 325(1) of the SPA, the assessment manager must therefore attach this response, including the enclosed Department of Transport and Main Roads Concurrence Agency Conditions and Statement of Reasons, to any approval for the application. The department may change its concurrence agency response in accordance with Section 290(1)(b) of the SPA. The department must be provided with a copy of the assessment manager's decision notice regarding the application within five (5) business days after the day the decision is made in accordance with Section 334 of the SPA. A copy of this response has been sent to the applicant for their information. If you have any questions or wish to seek clarification about any of the details in this response, please contact Richard Day on 07 5370 5556. Yours sincerely a ———~ Stuart Duncan Principal Advisor (Development Assessment) Enc. (1) Cic —_ Hydrox Nominees Pty Ltd C/- Urbis Pty Ltd Level 7 123 Albert Street Brisbane QLD 4000 Page 2 of 2 28
Page 31
Queensland Government Our ref.: TMR12-002868 Yourref.: LTR-151012 Cl —_ Hydrox Nominees Pty Ltd C/- Urbis Pty Ltd Level 7 123 Albert Street Brisbane QLD 4000 Attention: Ashley Lane Please find attached correspondence for your information and action as required. Should you wish to discuss this correspondence, please contact Richard Day on 07 5370 5556. Yours sincerely Ag Stuart Duncan Principal Advisor (Development Assessment) 13 November 2012 Ene. (1) Page 1 of 1 29
Page 32
Y becsopnlbonalbe
WN Government
Department of Transport and Main Roads
Concurrence Agency Conditions and Statement of Reasons
Proposed Development: Development Permit for Material Change of Use— Undefined Use (Home Improvement Store) and Retail
Business Type 4 (Showroom)
Real Property Description: Lot 1SP222982, 4SP246584
Street Address: 2 Hofmann Drive, Noosaville QLD 4566
Assessment Manager ref.: MCU12/0051
Local Government Area: Sunshine Coast Regional Council
‘Development Permit for Material Change of. Use— Unde Ine se (Home Improvement Store) and Retall Business Type 4 (Showroom).
41 |The development must be carried out cenorally' in accordance with Ip Prior to the commencement |Land use and transport coordination under the
| the following plans, except as modified by these concurrence jof use and to be maintained | Transport Planning and Coordination Act 1994.
| agency conditions: |at all times |
| | | The purpose mentioned in the Transport
| e Site Plans Stage 1 and 2, Leffler Simes Architects, DA-03 & | | Infrastructure Act 1994, section 258(2).
| DA-20 (Issue D), April 2012 | |
| | | The Department of Transport and Main Roads’
| | assessment of the development application was
| undertaken on the basis of the cited plans which
| depict how the proposed development will be
| carried out.
| Saleen ee Ree ae
2 |The development must include bicycle parking facilities for Prior to commencement of |Land Use end ‘Transport Coordination under the
|employees and customers for each of the uses within the proposed | use and to be maintained at | Transport Planning and Coordination Act 1994
| development in accordance with the equivalent land uses, rates _[all times | (TPCA).
| | and classes ‘specified in Table | c2 (page 90) of AUSTROADS
Licclol- elec}
Page 33
ihe a nla YN cere lea ural | Guide to Traffic Management - Part 11: Parking (2008), aaienit | where development is subject to the Queensland Development |code, Mandatory Part 4.1 — Sustainable Buildings. | ai hehe | The way the object of s8A of the TPCA is to be | achieved includes ensuring development | | Supports active transport and active transport | infrastructure i is provided, as far as practicable, to | | | | support active transport. 3 | (a) The development must provide a pathway from the retail centre | entry to the Hofmann Drive site access as shown in Site Plans | Stage 1 and 2, Leffler Simes Architects, DA-03 & DA-20 (Issue D), | April 2012 in accordance with the following standards: access suitable for use by people with disabilities in accordance with the Disability Standards for Accessible Public Transport 2002 - subsection 31 (1) of the Disability Discrimination Act 1992. | AND (b) The applicant must provide RPEQ certification to the | Department of Transport and Main Roads that the development |has been designed and constructed in accordance with part (a) of | this condition. | | Land Use and "Tranepent Coordination under the | Transport Planning and Coordination Act 1994 (TPCA). (a) Prior to the commencement of use and to be maintained at all times | | The way the object of s8A of the TPCA is to be | achieved includes ensuring development | supports active transport and active transport inspection certificate or | infrastructure is provided, as far as practicable, to certificate of classification, | support active transport. whichever is applicable, or | prior to the commencement | of use, whichever occurs first. (b) Prior to obtaining a final | | | | | Page 2 of 3
Page 34
iN
te TTTTieie tiie}
Government
petty SSeS tests diss 3
infrastructure unless the person has written approval from the Chief Executive.
Section 311 of the Transport Infrastructure Act 1994 states that a person must not interfere with or carry out works on busway covenant i
The Department of Transport and Main Roads’ technical standards and publications can be accessed at
http:/Awww.tmr.gld.gov.au/Business-industry/Technical-standards-publications.aspx
The Transport Planning and Coordination Regulation 2005 is available at: www.legislation.qld.gov.au
TransLink’s TransLink Public Transport Infrastructure Manual 2007 is available at:
http://translink.com.au/about-translink/what-we-do/public-transport-planning/public-transport-infrastructure-manual
The Queensland Development Code (QDC), Mandatory Part 4.1 — Sustainable Buildings requires end of trip facilities (including bicycle
parking and storage facilities, lockers and change rooms) to be provided for employees or occupants in Major Developments located in
designated local government areas. Major Development includes commercial office buildings, shopping centres, tertiary education
facilities or hospitals with a floor area greater than 2000m2 or development specified in a local govemment planning scheme for the
purposes of QDC MP4.1. The applicant is responsible for achieving compliance with the QDC when obtaining any necessary
development permits for building work for the proposed development.
A local government planning scheme may require additional end of trip facilities to be provided as part of the development.
Pursuant to Section 580 of the Sustainable Planning Act 2009 it is a development offence to contravene a development approval,
including any condition in the approval.
Page 3 of 3
Page 35
INFORMATION ATTACHMENT TO CONCURRENCE AGENCY RESPONSE Representations on Referral Agency Response lf the applicant intends to make a representation to the Department of Transport and Main Roads (the department) regarding the attached concurrence agency response, the applicant needs to do this before the assessment manager decides the application. The assessment manager cannot decide the application before 10 business days after receiving the final concurrence agency response, pursuant to section 318(5) of the Sustainable Planning Act 2009 (SPA). The applicant will need to give the assessment manager written notice under section 320(1) of SPA to stop the decision-making period to make a representation to the department and subsequently contact the department to make the representation. The decision making period cannot be stopped for more than 3 months. Planning and Environment Court Appeals If an appeal is lodged in the Planning and Environment Court in relation to this application, the appellant must give written notice of the appeal to the department under Section 482(1) of the SPA. This notice should be forwarded to the Planning Law Team, Planning Management Branch, Department of Transport and Main Roads, GPO Box 213, Brisbane QLD 4001 within 2 days if the appeal is started by a submitter, or otherwise within 10 business days after the appeal is started. 33
Page 36
Notice
Concurrence Agency Response and Advice Agency Response
This notice is issued by the Department of Environment and Heritage Protection (EHP) pursuant to section 287
(concurrence agency response) and section 292 (advice agency response) of the Sustainable Planning Act 2009 ("the
Act’).
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MC 4560
Attention: Jack Lewis
ce, Hydrox Nominees Pty Ltd
C/- Urbis Pty Ltd
Level 7, 123 Albert Street
BRISBANE QLD 4000
Our reference: 388515
Re: Concurrence Agency Response and Advice Agency Response
1, Application Details
Assessment Manager ref:
MCU12/0051
Date application referred to EHP:
07 June 2012
Development approval applied for:
Development permit
Aspects of development:
Material change of use-Landinor | Sustainable Planning EHP ref. no. — 388515 EHP Permit
near a wetland Regulation 2009 - Schedule | No. SPAR04338812
7, table 3, item 21
Sustainable Planning EHP ref. no. — 388515 EHP Permit
Material change of use —- Coastal Regulation 2009 - Schedule No. SPCC04339012
management districts 7, table 3, item 5
Sustainable Planning EHP ref. no. — 388515 EHP Permit
Material change of use - Regulation 2009 - Schedule | No. SPCL04338912
Contaminated land 7, table 2, item 23
Development descriptions:
Development Permit for Material Change of Use for Home
Improvement Store & Showroom
Page 1 of 3 « 120607 + Version 1
Department of Environment and Heritage Protection
www.ehp.qid.gov.au ABN 46 640 294 486
@ Queensiand Government
34
Page 37
Notice Concurrence Agency Response and Advice Agency Response Property/Location description: 2-18 & 20 Hofmann Drive, Noosaville Lot 1 SP222982 & Lot 4 SP246584 2. The Chief Executive, EHP concurrence agency response for each of the concurrence agency referral jurisdictions for the aspects of development involved with the application is to tell the assessment manager as follows. (a) Sustainable Planning EHP ref. no. — 388515 EHP Permit Material change of use — Coastal Regulation 2009- Schedule | No. SPCC04339012 management districts 7, table 3, item 5 (i) Conditions must attach to any development approval, and those conditions are stated in the attached part of this Notice for the above referral jurisdiction. (b) Sustainable Planning EHP ref. no. — 388515 EHP Permit | Material change of use - Regulation 2009- Schedule | No. SPCLO4338912 Contaminated land 7, table 2, item 23 (i) Conditions must attach to any development approval, and those conditions are stated in the attached part of this Notice for the above referral jurisdiction. a The Chief Executive, EHP advice agency response for each of the advice agency referral jurisdictions for the aspects of development involved with the application is to recommend to the assessment manager as follows. (a) Material change of use-Landinor | Sustainable Planning EHP ref. no. — 388515 EHP Permit near a wetland Regulation 2009 - Schedule No. SPAR04338812 7, table 3, item 21 (i) Conditions should attach to any development approval, and those conditions are stated in the attached part of this Notice for the above referral jurisdiction. 4, General advice to assessment manager Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice issued by the assessment manager must be forwarded to EHP as a referral agency for the relevant application at PO Box 318 MAROOCHYDORE QLD 4558 and an electronic copy to [email protected] State’s Native Title Work Procedures provide that responsibility for assessment of native title issues for an IDAS application rests with the assessment manager. Therefore, EHP as a referral agency for the relevant application has not provided notification to native title parties. Page 2 of 3 = 120607 « Version 1 Department of Environment and Heritage Protection 35
Page 38
Notice Concurrence Agency Response and Advice Agency Response Enquiries: 7 : , Joe Winzenberg Chief Executive, Department of Environment and Heritage = Department of Environment and Heritage Protection Protection PO Box 318 Date: [6/4 [12 MAROOCHYDORE QLD 4558 Phone: (07) 5459 6123 Fax: (07) 54596190 Email: [email protected] Attachments The parts of this Notice referred to above for each of the EHP referral jurisdictions involved with the application Page 3 of 3 * 120607 « Version 1 Department of Environment and Heritage Protection 36
Page 39
Notice Advice Agency Response - Referable Wetland SPAR0433812 This notice is issued by the administering authority pursuant to section 292 (advice agency response) of the Sustainable Planning Act 2009. Sunshine Coast Regional Council ce. Hydrox Nominees Pty Ltd Locked Bag 72 C/- Urbis Pty Ltd SUNSHINE COAST QLD 4560 Level 7, 123 Albert Street Attention: Jack Lewis Brisbane 4000 Your Reference:MCU12/0051 Our Reference: 495971 / SPAR04338812 Re: Advice Agency Response 4, Application Details Assessment Manager Reference: MCU12/0051 Date properly referred to EHP: 07 June 2012 Development approval applied for: Development permit Aspect of development: Material Change of Use, other than for a domestic housing activity, if any part of the land is situated in a wetland management area Sustainable Planning Regulation 2009 - Schedule 7, Table 3, Item 21 Development description: Material Change of Use for Home Improvement Store and Retail Showroom Property/Location description: 2-18 & 20 Hofmann Drive NOOSAVILLE QLD 4566 Lot 1 on SP222982 & Lot 4 on SP246584 Recommendation The Chief Executive, Department of Environment and Heritage Protection (EHP), makes the following recommendation to the assessment manager: Wetland: The assessment manager should consider the potential impacts of the proposed development on wetland values, including the water quality, natural hydrological flows and ecological functioning of the wetland. Development should meet the following outcomes: e Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on the functioning and integrity of a wetland from development are avoided. A report prepared and certified by an appropriately qualified professional may assist the assessment manager to consider the impacts of the development on the ecological values and functioning of the wetland. If adverse impacts are unavoidable, the assessment manager is encouraged to ensure that the values lost are offset in Page 1 of 3 120501 Department of Environment and Heritage Protection § Queensland Government www.ehp.qid.gov.au ABN 45 640 294 485 . 37
Page 40
Notice Advice Agency Response order to achieve an environmental outcome equal or better than the wetland values that are impacted. Refer to section 81A of the Environmental Protection Regulation 2008 for the list of wetland values. Where a wetland management area is mapped as being of ‘high ecological significance under the Queensland Coastal Plan it should be assessed against State Planning Policy 3/11:Coastal Protection (SPP3/11). Refer to policy 3 Nature Conservation in SPP 3/11. ¢ Maintain wetland water quality. The water quality of any waters in and linked to the wetland is maintained and managed to protect the environmental values of the wetland, and to ensure that the water quality objectives listed under Schedule 1 of the Environmental Protection (Water) Policy 2009 are achieved. e Maintain wetiand water regime. The existing water regime (including surface and groundwater) within and linked to the wetland is maintained and managed to protect existing natural hydrological processes within the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the wetland, and retaining and allowing for regeneration of native vegetation. To ensure that the proposed development is able to meet the above outcomes, the assessment manager is encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A wetland buffer has two components: ¢ asupport area adjacent to the wetland that maintains and supports the environmental values of the wetland; and e® aseparation area around the support area that protects the wetland from external threats such as sediment and nutrient discharge from surrounding landuse. Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity and to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following buffer widths are accepted by EHP as precautionary buffer widths likely fo absorb impacts from external uses. e within urban areas, a minimum 50m buffer to wetland e outside of urban areas a minimum 200m buffer to wetland Note: The Queensland Wetland Buffer Planning Guideline (2011) should be referred to when planning detailed buffer design to position development, determine any alternative buffer widths and establish operating measures that avoid adverse impacts on a wetland, Where required, revegetation of the buffer is recommended using native species representative of the pre- clearing regional ecosystem, with preference given to endemic species. Plants should be of local provenance where possible. A rehabilitation’ revegetation management plan including weed management strategies may assist in determining the rehabilitiation requirements for the development. Conditioning of any approval with building or development envelope(s) may also be a useful way to give formal effect to any required buffer area. The assessment manager should consider requiring applicants to provide a Stormwater Management Plan to demonstrate how stormwater, sediment and other run-off from the site (associated with the construction and operational phases of development) will be effectively managed to prevent adverse impacts on wetland values. Potential impacts are to be addressed through water sensitive urban design including compliance with South East Queensland Regional Plan 2009-2031 Implementation Guideline No. 7: Water sensitive urban design - design objectives for urban stormwater management. For areas outside of the South-east Page 2 of 3 * 120501 Department of Environment and Heritage Protection 38
Page 41
Notice Advice Agency Response Queensland Regional Plan area any approval should recognise the requirements of The Urban Stormwater Quality Planning Guidelines 2010. General information for assessment managers The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for an IDAS application rests with the assessment manager. Therefore, EHP as a referral agency for the relevant application has not provided notification to native title parties. Additional information for applicants It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware of a Notifiable Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act 1994) being carried out on the land, or that the land has been, or is being, contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written natice to EHP. Aboriginal Cultural e Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $1,000,000 for a corporation and $100,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the area or a Cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, Department of Aboriginal and Torres Strait islander and Multicultural Affairs (ATSIMA). Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the former DERM website Should you have any questions about the above, please contact Joe Winzenberg on telephone (07) 5459 6123, quoting the above reference number. Delegate: Enquiries: Ewan Bell Department of Environment and Heritage Chief Executive admii ring the Sustainable Protection Planning Act 2009 PO Box 318 Department of Environment and Heritage Protection MAROOCHYDORE QLD 4558 Phone: (07) 5459 6132 Date: ol i Page 3 of 3+ 120501 Department of Environment and Heritage Protection 39
Page 42
Sustainable Planning Act 2009 EHP Permit * number: SPCC04339012 Assessment manager reference: MCU12/0051 Date application received: 7 June 2012 Permit type: Concurrence agency response Decision: For a concurrence agency response conditions that must attach to any development approval Relevant laws and policies: Coastal Protection and Management Act 1995 and any related statutory instruments and subordinate legislation Jurisdiction(s): Material change of use — Coastal management districts Sustainable Planning Regulation 2009 - Schedule 7, table 3, item 5 EHP ref. no. - 388515 EHP Permit No. SPCC04339012 Development Description(s) Property/Location Development 2-18 & 20 Hofmann Drive Lot 1 SP222982 and Development Permit for Material Change of Use for Noosaville Lot 4 SP246584 Home Improvement Store & Showroom Reason(s) for inclusion of conditions In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions stated in this permit required by the concurrence agency response for the application are as follows. The Department of Environmental and Heritage Protection, Environmental Services, is recognised as a concurrence agency under the Sustainable Planning Regulation 2009 for coastal management, other than amenity and aesthetic significance or value. Development conditions placed on the development approval for the application are in accordance with section 106 of the Coastal Protection and Management Act 1995. ' Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation administered by the Department of Environment and Heritage Protection. Page 1 of 4 + 120607 « Version 1 Department of Environment and Heritage Protection Queensland Government www.ehp.qid.gov.au ABN 46 640 294 485 40
Page 43
EHP Permit number: SPCC04339012
Delegate
Ewan Bel
Delegate, Chief Executive administering the Coastal Protection
and ManagemenrAct 1995
Department of Environment and Heritage Protection
paw tb {2
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EHP Permit number: SPCC04339012 CONDITIONS 4 All works are to be constructed in accordance with the approved drawings and specifications listed in the approved plans section of this permit. 2; All reasonable and practicable measures must be taken to avoid or minimise the risk of the release of contaminants to waters. The owner of the land the subject of this development approval must enter into a covenant with the local government over the designated area of land shown as COV AB on Plan Number DA-09, titled Easement Plan, dated April 2012. This area has been mapped as an Area of High Ecological Significance under the Queensland Coastal Plan. Accordingly native vegetation in this covenant must be preserved and where appropriate, enhanced with planting of additional native plants. Any stormwater outlet from the site must be constructed and maintained to prevent or minimise localised erosion or scouring, and, any erosion or scouring that occur must be repaired as soon as reasonably practicable, The development will cause no net loss of threatened species or their habitat, both in its extent and integrity. END OF CONDITIONS Approved Plans DA-09 Easement Plan (attached) Page 3 of 4 + 120607 * Version 1 Department of Environment and Heritage Protection 42
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SPCC04339012 EHP Permit number: Page 4 of 4 » 120607 * Version 4 Department of Environment and Heritage Protection 43
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Sustainable Planning Act 2009 EHP Permit * number: SPCL04338912 (MCU) Assessment manager reference: MCU12/0051 Date application received: 7 June 2012 Permit type(s}: Development Permit Decision: For a concurrence agency response conditions that must attach to any development permit Relevant laws and policies: Environmental Protection Act 1994 Jurisdiction(s): 1. Material change of use - Contaminated land - Sustainable Planning Regulation 2009 - Schedule 7, table 2, item 23 Development Description(s) Property/Location Development Lot 1 on SP222982 & Lot4 | 2-18 & 20 Hofmann Drive, Development Approval for Material Change on SP246584 Noosaville of Use for Home Improvement Store & Showroom Reason(s) for inclusion of conditions In accordance with section 289 of the Susfainable Planning Act 2009, the reason(s) for inclusion of conditions stated in this permit required by the concurrence agency response for the application are as follows. ? Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation administered by the Department. Page 1 of 3+ 091217 Department of Environment & Heritage Protection ’ Queensland Government
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Permit number: SPCL04338912 (MCU) The Department is recognised as a concurrence agency under the Sustainable Planning Regulation 2009 for the protection of the environment by the management of contaminated land. The Department's concurrence agency conditions for this proposed development that are contained within this response are required to prevent or mitigate any potential risk to human health or the environment from possible hazardous contaminants present on the site. dh ine Kelli Ready Helen Bankes Delegate, Chief Executive administering the Contaminated Land _ Environmental Protection Act 1994 Phone: (07) 3330 5616 Fax: (07) 3330 5754 Email; [email protected] Date: Page 2 of 3 * 091217 45
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Permit number: SPCL04338912 (MCU) CONDITIONS 41. If during any site earthworks or excavation, offensive or noxious odours and/or evidence of gross contamination not previously detected Is observed, site works are to cease In that area and action taken to immediately abate the potential environmental harm. The administering authority is to be notified in writing within two (2) business days of detection and advised of appropriate remedial action. Any remedial action is to be developed by an appropriate qualified and experienced person in accordance with Section 381 of the EP Act. Additional comments or advice about the application: The removal of any contaminated soil from land that Is listed on the Enviranmental Management Register requires prior approval from the Department's Contaminated Land Unit under the section 424 of the Environmental Protection Act 1994 (EP Act). ~ End of Conditions ~ Page 3 of 3 * 091217 46
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Newt Department of Natural Resources and Mines 01 AUG 28f Notice Advice Agency Response — Acid Sulfate Soils ([A0612NAM0015) This notice is issued by the Department of Natural Resources and Mines pursuant to section 292 (advice agency response) of the Sustainable Planning Act 2009 (“the Act”). Sunshine Coast Regional Council ce. Attn: Jack Lewis Locked Bag 72 Sunshine Coast MC Qld 4560 Your reference: MCU12/0051 Our reference: Ecotrack 495996 4: Application Details Date application referred to DNRM: 7 June 2012 Development approval applied for: Development permit Development description: Material change of use (description (eg rural use to urban residential) Aspect(s) of development: Property/Location description: Lots 1 on SP222982 & 4 SP246584 2-20 Hofmann Drive, Noosaville Home Improvement Centre 2. Advice Agency Response The Chief Executive, Department of Natural Resources and Mines (DNRM), Advice Agency response for the application the subject of this Notice is as follows: Recommendation The State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils (SPP 2/02) sets out the State's interests concerning development involving acid sulfate soils (ASS) in low-lying coastal areas. The SPP 2/02 is triggered where a development would involve either of the following activities: e excavating or otherwise removing 100 m? or more of soil or sediment from at or below 5 m AHD; or e filling land below 5 m AHD with 500 m® or more of material having an average depth of 0.5 of a metre or greater. Page 1 of 5* 091217 Department of Natural Resources and Mines ® Queensland Government www.dnrm.qid.gov.au ABN 59 020 847 551 47
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Notice Advice Agency Response e — filling land below 5 m AHD with 500 m° or more of material having an average depth of 0.5 of a metre or greater. Review of the application material indicates that earthworks would include either placement of more than 1000 m* of fill with an average depth of 0.5 m on land below 5 m AHD, excavation of more than 1000 m* from at or below 5 m AHD or both. The Department advises that the proposed earthworks would be compliant with the SPP 2/02 on the basis that the applicant meets the following recommended condition(s). 8.2 The applicant must provide the assessment manager with a competent ASS and groundwater investigation. Such investigations must meet specifications contained within the State Planning Policy 2/02 Guideline’, Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensland, 1998’ and the Acid Sulfate Soil Laboratory Methods Guidelines 2004°. The assessment manager must be satisfied that investigations are adequate before any operational works are permitted on the site. 8.3 Acid sulfate soil materials must not be used as fill unless properly treated. The applicant is to provide adequate detail to the assessment manager confirming that all materials to be used for filling are non-ASS, or ASS materials that have been fully treated and verified. 8.4 Placement of fill must not result in any restriction or exclusion to normal tidal ebb and flow (e.g. bund walls or placement of fill within or across tidal waters). The applicant is to provide adequate detail to the assessment manager confirming that tidal water will not be restricted or excluded from land as a result of the filling. : 8.5 Placement of fill must not result in displacement and oxidation of underlying ASS. Hydraulic displacement (e.g. mud wave) and slippage failures are caused by excessive or inappropriate loading on top of soft sediments. The applicant is to provide adequate detail to the assessment manager confirming that loading forces on underlying sediments have been considered and are unlikely to result in failure and oxidation of ASS. 8.6 Actual Acid Sulfate Soils (AASS) likely come into contact with infrastructure (e.g. roads, gutters, footpaths, private foundations) or located within 0.3 metres of the finished ground surface must be treated with fine agricultural lime (98% purity or equivalent) at the rate prescribed in the Queensland Soil Management Guidelines’. Where buried service infrastructure (e.g. stormwater, sewer, potable water, power, phone) will or is likely to come into contact with acidic groundwater's (pH < 4.0), the infrastructure and/or conduit materials must be made from materials resistant to acid attack. Appropriate materials must be selected for the conditions to ensure that service infrastructure reaches its expected design life. Prior to operational works, the assessment manager must be satisfied that: " State Planning Policy 2/02 Guideline — Planning and Managing Development involving Acid Sulfate Soils, Department of Natural Resources and Mines and the Department of Local Government and Planning ? Ahern CR, Ahem MR and Powell B (1998). Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensland. Department of Natural Resources, Indooroopilly 3 Ahern CR, McEInea AE and Sullivan LA (2004). Acid Sulfate Soils Laboratory Methods Guidelines. In Queensland Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly * Dear SE, Moore NG, Dobos SK, Watling KM and Ahern CR (2002). Soil Management Guidelines. In Queensland Acid Sulfate Soils Technical Manual. Department of Natural Resources and Mines, Indooroopilly 48 Page 2 of 5+ 091217 Department of Natural Resources and Mines
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Notice Advice Agency Response (a) The prescribed rate of agricultural lime has been incorporated into all AASS soils that would come into contact with infrastructure and within 0.3 metres of the finished ground surface. Bulked composite validation tests have conducted at a rate of not less than 1 test per 500 m® and a failure rate of less than 5% confirms that the treatment has been successful. (b) AASS and acidic groundwater are absent; or service infrastructure is constructed of appropriate acid resistant materials. 8.7 All Acid Sulfate Soil excavated during trenching must be appropriately managed. The applicant is to provide a concise and site specific Acid Sulfate Soil Management Plan. The assessment manager must be satisfied that management plan is consistent with the eight Management Principles documented in the Queensland Acid Sulfate Soil Technical Manual - Soil Management Guidelines before any operational works are permitted on the site. 8.8 Excavations (e.g. trenching works) must be appropriately designed and staged to minimise dewatering volumes and the time ASS is exposed to oxidation. Where trenches are to be excavated through ASS materials, the applicant and construction manager must abide by the following provisions: (a) Trenches must only be excavated and dewatered in manageable sections such that the works and backfilling can be completed within 5 days. (b) Trenches must be dusted with fine agricultural lime prior to backfilling with non-ASS or properly treated ASS materials. At least 5 kg of fine agricultural lime (98% purity or equivalent) is to be used for every linear metre of open trench. Application rates should be increased in larger trenches or where AASS or groundwater will be encountered. (c) The section of trench being actively dewatered must not exceed 50 metres in length at any given time. (d) Suction depths for dewatering sumps and spears must not exceed 1 metre below the invert depth of the trench. (e) Sheet piling or similar must be used in sandy environments to prevent excessive dewatering requirements and associated decline in local groundwater levels. (f) Wherever practical, trenchless technologies should used when a service is to be installed through acid sulfate soils. 8.9 Groundwater discharges from the site must not result in adverse impacts upon municipal infrastructure (e.g. gutters and stormwater pipes) or the environment. The applicant is to detail where pumped groundwater is to report (i.e. Stormwater) and the location where these discharges will flow into the environment. The applicant must also provide a concise discharge plan detailing: (a) Baseline water quality information for the groundwater to be pumped inclusive of at least pH, EC, and Fe”* and an estimate of the likely volumes to be pumped per day 49 Page 3 of 5: 091217 Department of Natural Resources and Mines
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Notice Advice Agency Response (b) Water quality information from the receiving environment along with an assessment of the receiving environments ability to absorb the proposed quantity and quality of water without adverse impacts upon the environment. (c) How often groundwater discharges are to be tested (e.g. daily), what tests will be undertaken (e.g. pH, EC, Fe”) and what threshold or level constitutes a non- conformance. (d) What action or treatment is to occur in the event of a non-conformance (e.g. stop pumping) (e) Who is responsible for monitoring and reporting and who is responsible for remedial action in the event of a non-conformance. Serious non-conformances must be reported to the assessment manager and DNRM as the advice agency for ASS. The assessment manager must be satisfied that an appropriate discharge plan is in place before operational works are permitted on the site. 3. General advice to assessment manager The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues for an IDAS application rests with the assessment manager. Therefore, DNRM as a referral agency for the relevant application has not provided notification to native title parties. Aboriginal Cultural Heritage Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $1,000,000 for a corporation and $100,000 for an individual. : Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the DNRM website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DNRM. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3239 3647 or on the DNRM website www.dnrm.gid.gov.au/cultural_heritage . 50 Page 4 of 5: 091217 Department of Natural Resources and Mines
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Notice Advice Agency Response Should you have any questions about the above, please contact Louise Henricksen on telephone (07) 41315756, quoting the above reference number. oT as Delegate P Harris Manager (Resource Assessment & Information) Nambour — South East Region Delegate, Chief Executive administering the Sustainable Planning Act 2009 Department of Natural Resources and Mines 17 July 2012 Enquiries: Jon Walton Land Resource Officer Department of Natural Resources and Mines Nambour — South Region Telephone: (07) 54512205 Email: [email protected] 51 Page 5 of 5+ 091217 Department of Natural Resources and Mines