SUPERSEDED - APPROVED Decision Notice MCU17/0025

Officer:	Wilhelm Koschade
Direct Telephone:	53296215
Our Reference:	MCU17/0025 & OPW17/0095
Your Reference:	02163

22 September 2017

Sharpe Enterprises Pty Ltd Tte
C/- Martoo Consulting
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 21 September 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU17/0025 & OPW17/0095
Street Address:	62 Rene St NOOSAVILLE 64-66 Rene St NOOSAVILLE  QLD  4566
Real Property Description:	Lot 59 RP 228906 & Lot 280 SP 104321
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial Business Type 1 – Warehouse
Development Permit for Operational Work (Placing an Advertising Device)
Relevant period of approval
The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.
The relevant period for the Operational Work approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Development Permit for Material Change of Use
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
OGSS-003-02	B	Site Layout – Stages 1, 2 & 3, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-03	B	Preliminary Site Plan - Stage 3, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-04	B	Basement Floor Plan, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-05	B	Ground Floor Plan, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-06	B	First Floor Plan, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-07	B	Elevation 1, 2, 3 & 4, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-09	B	Roof Plan, prepared by Steve McGregor Design Service	06/03/2017
OGSS-003-10	B	Streetscape Signage Elevation, prepared by Steve McGregor Design Service	06/03/2017
Nature and Extent of Approved Use
No external storage or use areas are approved on the site.
Building Height
The maximum height of the development must not exceed 10.4 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
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 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.
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.
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.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include:
The landscaped areas as generally shown on the approved Site Plan.
Trees planted to achieve tall, dense screening vegetation within the western landscaped area to assist with screening the new building.
A minimum of 3 trees within the front setback area and along western boundary to soften the visual building bulk.
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.
ENGINEERING
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.
External Works
Rene Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a 2 metre wide footpath within the road verge extending from the existing path in the frontage of the site to the existing path to the east in the frontage of No 64 Rene Street
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
A sealed access driveway must be provided from Rene Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in accordance with Council’s standard drawing RS-051.
The driveway at the rear of the site that crosses Council’s lane between No 62 and No 64 must be undertaken in accordance with an Operational Works approval. The access driveway must be designed and constructed to ensure that safe access to the reserve area at the rear is maintained for the public, Council, service authorities and emergency services. The works:
a.	must ensure that the pathway is clear at all times
b.	must not include any significant changes in height or retaining walls in the “pathway”
c.	a driveway that is 6m wide maximum
d.	include signage for drivers warning indicating that pedestrians may cross the driveway
e.	include signage for pedestrians warning indicating that vehicles may cross the pathway
Car Parking
A minimum of 4 car 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. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
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 be generally in accordance with The Site Based Stormwater Management Plan Report – Report No. 5588-1.0 dated 8 June 2017 prepared by Storm Water Consulting and must include in particular the use of gravity stormwater drainage.
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.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
An easement for access purposes must be registered in favour of Lot 59 RP228906 against the title of Lot 280 SP104321. The easement must be of sufficient width to provide for free access for all customer, service and emergency service vehicles. The easement must be registered prior to the commencement of the use.
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 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 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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.

Development Permit for Operational Work (Advertising Devices)
Nature and Extent of Approved Signs
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising).
The approved signs must not exceed the dimensions and sign areas as shown on the Approved Plans.
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved signs must not be illuminated in any way.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
referral agencies
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:
PLANNING
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work 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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
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
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, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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
it is acknowledged that the preliminary 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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works); and
Development Permit for Operational Works (Earthworks, Stormwater, Carparking, Access, External Works, Landscaping).
self assessable codes
Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully,

Kerri Coyle
Manager, Development Assessment

cc	Unitywater

Enc:	Infrastructure Charge Notice
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).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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