Changed Approval MCU16 0098.01

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	MCU16/0098.01 & OPW16/0183
Your Reference:	n/a
22 December 2017

Building Suncoast Green
6 Lorraine Avene
MARCOOLA  QLD  4564

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 21 December 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU16/0098.01 & OPW16/0183
Street Address:	21 Venture Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 9 SP 216079
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 17 November 2017, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary Dwelling Unit & Operational Works for Stormwater, Landscaping & Access
In relation to the request to make a change to the existing approval, Council on 21 December 2017 decided to:
A.	Amend Conditions 2 & 5 of the development approval MCU16/0098.
B.	Amend Condition 28 of the operational works approval OPW16/0183.
C.	Add a new condition 64 to the operational works approval OPW16/0183
D.	Delete condition 29 of the operational works approval OPW16/0183
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE – MCU16/0098
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 undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA200-01	D	Ground Floor, drawn by Tim Stewart Architects	26.10.17
DA200-02	B	Mezzanine Floor, drawn by Tim Stewart Architects	24.10.17
DA300-01	B	Building Elevations (Eastern & Northern), drawn by Tim Stewart Architects	24.10.17
DA300-02	B	Building Elevations (Western & Southern), drawn by Tim Stewart Architects	24.10.17
Nature and Extent of Approved Use
The Industrial Business Type 2 may operate 24 hours.
The Entertainment and Dining Business must not operate outside the hours of 6am to 10pm.
The outdoor dining area must not exceed 40m2.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20% of the gross floor area.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Design
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
ENGINEERING
A minimum of 18 car parking spaces and 4 motor cycle spaces must be provided on the site which includes 1 disabled space. One loading bay in addition to the 18 car spaces as indicated on the approved plans.
Eight (8) bicycle parking spaces must be provided on-site.
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.
Any awnings and/or other structures in close proximity to the proposed loading zone must be designed to ensure no obstruction or impact on the functioning and the use of the loading zone.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site generally in accordance with the approved engineering plans causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
ENVIRONMENTAL HEALTH
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. must be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR (Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council and be performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc ), a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
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.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
a Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
OPERATIONAL WORKS - OPW16/0183
PLANNING
Approved Plans
Development undertaken in accordance with this operational works approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
C001 Job No: SC-5734	A	Drawing Index and Standard Notes,  prepared by Empire Engineering	18/08/2016
C020 Job No: SC-5734	B	Siteworks and Drainage Plan,  prepared by Empire Engineering	23/08/2016
C025 Job No: SC-5734	A	Siteworks and Drainage Sections and Details,  prepared by Empire Engineering	18/08/2016
C030 Job No: SC-5734	A	Pavement Plan,  prepared by Empire Engineering	18/08/2016
C040 Job No: SC-5734	A	Sign and Linemarking Plan,  prepared by Empire Engineering	18/08/2016
PP01	B	Planting Plan, prepared by Exhibit Green Landscape Architects	21/11/17
LANDSCAPING WORKS
Deleted.
All landscape works must be constructed and undertaken generally in accordance with the approved plans and conditions detailed in this Decision Notice.
Turfed areas within the Venture Drive and the unnamed road reserves must:
Join smoothly and level with adjoining surfaces.
Be free of disease, pest, weeds, rock and debris.
Landscape works must:
Take all measures to prevent Fire Ants (or any stages of the fire ant life cycle) entering the work site.
Take all measures to prevent Myrtle Rust infection.
Not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales, overland flow paths or around grated drains.
Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/ circulation areas.
Not restrict access to service meters.
Delineate all garden to grassed area interfaces with a hard edge.
Ensure sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure all weeds and debris are removed from planting areas prior to planting.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil / sediment contamination and is applied to ensure a minimum 100mm depth once settled.
Soil provided for landscaping must provide for the site specific vegetation performance objectives.
All landscape works must be completed prior to the commencement of use.
ENGINEERING
Prior to Commencement of Works
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart meeting*. The contact number to arrange a prestart meeting is 5329 6244. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Landscape works.
Erosion and sediment control works.
* (Refer to Advisory Note)
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
A detailed condition report including photographs of all frontages of the site must be completed and submitted to Council prior to the prestart meeting.
A condition report including photographs of all fences and retaining walls bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could potentially be impacted on by the proposed earthworks and construction works must be completed and submitted to Council prior to the prestart meeting.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically include/address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to be installed prior to construction.
Fencing to the work site during the construction phase to ensure the safety of the public and the road users.
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased.
Sufficient parking arrangements for trucks, machineries and construction workers without adversely impacting on traffic flow and/or the availability of on-street parking in the local street.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
The proposed dates for the commencement and the completion of the works.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Establishment of a communication protocol with the adjoining owners and any other affected parties to advise of construction times, impacts on traffic and services and any other relevant issues.
Identification of communication and complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any alteration to existing services or conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines, particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Driveways
Driveway crossovers must be designed and constructed generally in accordance with the approved plans and in accordance with IPWEA standard drawing RS- 051 and must have levels and grades match the levels and the grades of the existing concrete footpath without posing trip hazard.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway width must not exceed 6m at the front boundary line and 13m at the kerb line.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete and must have a slip resistant surface.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto other properties and/or the road verge.
For public safety, the finish levels of crossover must ensure smooth transition to existing surfaces such as the road grassed verge and existing concrete pathway.
Where applicable, underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway works.
Have a minimum clearance of 1.0m from any existing power poles, streetlights or other signage.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/Telstra and submitted to Council.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards and be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard and relevant sections of AS1428 Design for access and mobility.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Where required, any reinstated road pavement must be in accordance with IPWEA standard drawing RS-170 with road pavement resurfacing to consist of a minimum depth of 50mm of an approved hot mixed asphaltic concrete.
Earthworks
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road and public footpath by blocking or interfering with overland flow path.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The applicant must ensure non essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any cleared area without delay and prior to rainfall occurring.
The applicant must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
Any damage caused to existing services, streetscape and assets (including kerb and footpath) as a result of the development works must be repaired at no cost to the asset owner at the following times:
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to the final inspection a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and applicable engineering standards.
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection
64.	The landscape plan must be amended prior to the commencement of the use to provide for:
The landscaping strip to the Venture Drive frontage to be at least 2.0 metres in width and include 2 Elaeocarpus reticulatus (Blueberry Ash), a mixture of large and medium sized shrubs and ground covers native to the locality.
A schedule of plants which provides for meaningful buffers and screening throughout the site resulting in a mix of trees, large shrubs, small shrubs, ground cover, grasses and sedges native to the locality.
referral agency conditions
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

Development Contributions
A letter outlining the estimate of contributions payable under the current Planning Scheme Policies will be forwarded by Council's Infrastructure Charges Officer under separate cover.

Please contact Council's Infrastructure Charges Officer at least 3 days prior to payment for issue of a payment advice (which is to accompany the payment).
property notes
Not Applicable.
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works - (All Building Works)
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
submissions
No properly made submissions were received.
reasons / grounds for appoval
The Assessment Manager considers that the café is ancillary and complementary to the primary industrial use on-site and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the decision despite the conflict with the Planning Scheme.
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.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

Yours faithfully

Kerri Coyle
Development Assessment Manager

Encl. 	Approved Plans/Documents
Appeal Rights

	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.

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PO Box 141		P. (07) 5329 6500	[email protected]	
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