Minor Change Existing Approval MCU13/0086.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU13/0086.01
Your Reference:	11469
31 October 2017
Coles Group Property Developments Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 October 2017, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU13/0086.01
Street address:	3 Lanyana Way Noosa Heads Qld 4567
Real property description:	Lot 54 RP 139776
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 3 December 2013 decided to issue the following type of approval:
Application No.	Type of Development
MCU13/0086	Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket)
In relation to the request to make a minor change to the existing approval, Council on 30 October 2017, decided to approve the requested changes. The changes are detailed below.
A.	Approve the extension to the currency period to 3 December 2021.
B.	Add new conditions 26, 27, & 28 to MCU13/0086.01
currency period of approval
The relevant period for this development approval is four (4) years starting the day that this development approval takes effect
assessment manager conditions
PLANNING & URBAN DESIGN UNITS
When Conditions must be Complied With
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
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice
Mechanical Plant & Equipment
All new mechanical equipment and other service infrastructure associated with the approved supermarket extension must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.  Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Existing Vegetation
Existing trees within the site must be retained and must not be removed as a result of any works.
Built Form
Pedestrian awnings shall be provided to the front elevation of the supermarket, as generally shown on approved plan number DA 1 – SK 200.
Public Lighting
During operating hours, all parking areas, pedestrian areas and entrances/exits to all corridors and public toilets associated with the supermarket extension must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the access corridor to the amenities on the Approved Plans
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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.
ENGINEERING UNIT
Car Parking
A minimum of 386 car parking spaces must be provided and marked on the site and made available and accessible at all times while the commercial uses on the site are open for business (with the exception of the disused retail nursery). The car parking spaces must include in particular:
pedestrian routes in accordance with the conditions of this Decision Notice.
6 disabled parking spaces within the total.
A minimum of 6 motorcycle parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site and must include in particular:
1 MRV space
1 AV space
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development and must include in particular:
pedestrian pathways between the proposed car parking area and the building generally in accordance with the approved plans.
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.
signage and lighting at strategic locations to direct people to building entries and public toilet facilities.
a total of 23 bicycle parking spaces
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
ENVIRONMENTAL HEALTH UNIT
Commercial Waste
The development must be provided with waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Mechanical Plant & Equipment
Any new fixed plant and equipment* associated with the approved supermarket extension that causes either tonal (Leq) sound (e.g. from compacting units, air conditioning or refrigeration units), or impulse (Lmax) sound, must be enclosed, shielded and/or positioned to ensure that sound pressure does not exceed the following levels for habitable rooms within adjacent dwellings:
40 dB(A) Leq for living and work areas
35 dB(A) Leq for sleeping areas
45 dB(A) Lmax for all areas
Note: Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that operational noise from any new fixed plant and equipment associated with the approved supermarket extension complies with the requirements of this Decision Notice.
*(Refer to Advisory Note)
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
UNITYWATER
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
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.  Water meter must be located on alternative boundary to electrical pillar.
Additional water meters must be installed for each sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.
Application must be made to Unitywater for a trade waste permit.
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 associated with repair, replacement or alteration of infrastructure must be met by the applicant.
NOISE NUISANCE
Noise emission from mechanical equipment shall comply with the following requirements:
(Mechanical equipment such as ventilation, air conditioning, refrigeration, fans, plant rooms, refuse compactors and pumps etc.,)
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Vehicle movements from delivery of goods (including refrigerated vehicles, engine noise, fork lifts, etc.) to the rear service lane and delivery dock area shall only occur between 7.00am and 7.00pm.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	Department of Transport & Main Roads PO Box 1600 Sunshine Plaza Postal Shop MAROOCHYDORE QLD 4558	Public Passenger Transport	The agency provided its response on 12 June 2013. (Reference No. TMR13-006358)
A copy of any referral agency conditions is attached.
APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan	Rev.	Plan Name	Date
DA 1 – SK 002	C	Site Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013
DA 1 – SK 100	B	Floor Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	19/06/2013
DA 1 – SK 200	C	Elevations – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013
variation approval details
Not Applicable
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Qualified Person
For the purpose of certifying acoustic treatments for the development, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.
Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.
Plans and documentation must be submitted to Unitywater with a completed application for a trade waste permit. This is required prior to obtaining a plumbing approval from Council.
property notes
Not Applicable
further development permits required
Development Permit for Building Work (All building works)
submissions
Not Applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Department of Transport & Main Roads
Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(Refer to Schedule 1 of the Planning Act 2016)
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
229 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
230 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
231 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court.

[word/footer1.xml]
Page 4 of 8

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
										Page 1 of 8

[word/footer3.xml]
Page 3 of 3

[word/header2.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL