MCU14/0016.01 Change to Existing Approval

Officer:	Glen Conforti
Direct Telephone:	5329 6241
Our Reference:	GCONFORTI:MCU14/0016.01
Your Reference:	01559 LO4 NG
2 April 2015

Mr DA Langdon
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 2 April 2015, Council decided your requested changes.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU14/0016
Street Address:	24 Lanyana Way NOOSA HEADS  QLD  4567
Real Property Description:	Lots 1 & 2  RP 129285
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

Council on 15 April 2014  decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Retail business Type 2 – Shop and Salon (Shops x 4) and Commercial Business Type 1 – Offices (Offices x 3)

In relation to the request to make a change to the existing approval, Council decided to:
A.	Approve a change to the development approval to read as follows:
Development Permit for Material Change of Use of Premises - Retail business Type 2 – Shop and Salon (Shops x 4) and Commercial Business Type 1 – Offices (x 4 – total 200m² Use area)
B.	Agree to amend the list of Approved Plans
C.	Include Conditions, 19, 20, 21, 22, 23, 24 and 25.
D.	Include Advisory Note 9.

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.	CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

PLANNING
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.

Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.

Building Appearance
The ground floor shop front glazing facing Lanyana Way must be fully transparent to a minimum of 50% of the street frontage.

All mechanical equipment and other service infrastructure located on the site 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.

Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.

All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.

Signage
Any advertising sign or device must comply with the Advertising Devices Code and the Councils Local Law policy on advertising.

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
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including but not limited to a new bunded and paved bin wash facility connected to sewer.  If the bin wash is not roofed then it must have a maximum area of 1m².

Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)

Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.

Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building.  All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.

The certification submitted to Council must certify that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.

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.

Sub meters must be provided at the boundary of each title to be administered by a body corporate.

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

Additional Conditions 2 April 2015

Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground surface.

Car parking and access
Vehicles accessing the site must not impede pedestrian movements on Lanyana Way. In this regard any gates or other barriers on the access driveway must be setback a minimum of 5.5m from the Lanyana Way property boundary.

A minimum of 1 car parking space and 4 motorcycle spaces must be provided and marked on the site.

The car and motorcycle parking must be linemarked and constructed with dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.

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.

The manoeuvring area in the south-eastern corner of the site must be linemarked as a turning area and be sign posted as “No Parking”.

Stormwater Drainage
Stormwater runoff from the development must be discharged into the existing on-site stormwater drainage system.

5.	REFERRAL AGENCIES

Not Applicable.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
WD 01 P7		Floor Plans, prepared by Middap Architecture	Mar 2015
WD 02 P7		Floor Plans, prepared by Middap Architecture	Mar 2015
WD 03 P7		Sections and Elevations, prepared by Middap Architecture	Mar 2015

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

ENVIRONMENTAL HEALTH

Building Works
Noise from building works must comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.

Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.

A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.

Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to) :
building design and construction
design, selection and installation of fixed plant and equipment
the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc
the use of acoustic enclosures/screens around noisy plant and  equipment
operating times

Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.

In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.

UNITYWATER

Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicant’s cost.

A 100mm diameter watermain is located within the road boundary fronting the development site in Lanyana Way. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

Additional Advisory Note April 2015

Nature and Extent of Approved Development
The assessment of this development was based on a proposal having the following Use Areas as depicted on the Approved Plans.
Retail Business Type 2 Shop and Salon	Total 585m²
Commercial Business Type 1 - Office	Total 200m²

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

12.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

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.

16.	OTHER DETAILS

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

DECISION NOTICE HISTORY Original Decision Notice (15 April 2014) Changes to an Existing Approval (2 April 2015)

Yours faithfully

Glen Conforti
development planner

Encl. 	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

[word/footer1.xml]
Page 8 of 8

[word/footer2.xml]
Page 1 of 8

[word/header3.xml]
MCU14/0016.01

[Attachment: image1.jpeg (image text)]
 

NOOSACOUNCIL Pest 2iopss2esm ——atgroxagngoas
aoe TowotNaoeses — Florssvessi — atoomagagara


[Attachment: image3.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL