Decision Notice MCU18/0120, RAL18/0013, OPW18/0197

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU18/0120, OPW18/0197, RAL18/0013 : JELDER
Your Reference:	17686
28 November 2018
Hass Holdings Pty Ltd TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 November 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU18/0120, RAL18/0013 & OPW18/0197
Street address:	5, 12 & 18 Taylor Ct Cooroy
Real property description:	Lot 5 SP 197517, Lot 1 SP 235189 & Lot 2 SP 197517
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Industrial Type 2 Production, Alteration, Repackaging & Repairing (39 Industrial Tenancies)
Development Permit for Reconfiguration of a Lot (Access Easements)
Operational Works (Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks, Car Parking & Access).
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE – MCU18/0120
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
2 of 16	D.A –RFI -A	Site Plan, drawn by Rhad Leonardi	9/11/2018
3 of 16	D.A –RFI -A	Parking Layout, drawn by Rhad Leonardi	9/11/2018
4 of 16	D.A –RFI -A	Ground Floor Plan (Building A), drawn by Rhad Leonardi	9/11/2018
5 of 16	D.A –RFI -A	Mezzanine Plan (Building A), drawn by Rhad Leonardi	9/11/2018
6 of 16	D.A –RFI -A	Elevations (Building A), drawn by Rhad Leonardi	9/11/2018
7 of 16	D.A –RFI -A	Ground Floor Plan (Building B), drawn by Rhad Leonardi	9/11/2018
8 of 16	D.A –RFI -A	Ground Floor Plan (Building B), drawn by Rhad Leonardi	9/11/2018
9 of 16	D.A –RFI -A	Mezzanine Plan (Building B), drawn by Rhad Leonardi	9/11/2018
10 of 16	D.A –RFI -A	Mezzanine Plan (Building B), drawn by Rhad Leonardi	9/11/2018
11 of 16	D.A –RFI -A	Elevations (Building B), drawn by Rhad Leonardi	9/11/2018
12 of 16	D.A –RFI -A	Elevations (Building B), drawn by Rhad Leonardi	9/11/2018
13 of 16	D.A –RFI -A	Ground Floor Plan (Building C), drawn by Rhad Leonardi	9/11/2018
14 of 16	D.A –RFI -A	Mezzanine Plan (Building C), drawn by Rhad Leonardi	9/11/2018
15 of 16	D.A –RFI -A	Elevations (Building C), drawn by Rhad Leonardi	9/11/2018
16 of 16	D.A –RFI -A	Elevations (Building C), drawn by Rhad Leonardi	9/11/2018
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
This development approval is for 39 industrial tenancies with a total gross floor area (GFA) of 5,104m².
The approved use must not operate outside the hours of 6am to 7pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20% of each individual tenancy.
Building Height
The maximum height of the development must not exceed 10 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 buildings do not exceed the maximum height requirement of this Decision Notice.
Building Appearance
The development must be finished with subdued external building colours.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, Planning Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular the works shown on the Approved Plans
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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.
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.
Sunset Clause for Completion of Approved Development
Pursuant to s342 of the Planning Act 2016, the uncompleted aspects of this development approval lapses if the whole of the approved use has not happened by 22 November 2024.
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.
Frontage Works
The length of the frontage of the subject site must be upgraded in accordance with the Operational Works conditions and must include in particular:
Providing concrete pathway at minimum width of 1.2m along the frontage of the site and be extended as may be necessary to achieve smooth connection and acceptable transition with the existing pathway.
Providing pathway link 1.5 wide between the middle aisle and the proposed road’s pathway, and be extended to a pram ramp or layback constructed at the kerb line.
Removal of any existing redundant property accesses and/or pram ramp and reinstatement of the kerb & channel 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
Sealed access driveways must be provided generally in accordance with the approved plans and in accordance with the Operational Works conditions of this permit. The works must include in particular crossover in compliance with IPWEA Standard Drawings RS-051 for commercial vehicle.
Car Parking
A minimum of 59 car parking spaces and 1 Heavy Rigid Vehicle loading bay must be provided on the site in accordance with the approved plans and as required by the conditions of the Operational Works conditions of this permit approval and must include in particular:
Sufficient turning area within the site to permit a vehicle to reverse from the parking spaces and/or warehouses and exit the site in a forward gear in a total of 2 movements.
Crossfalls, gradients and dimensions in with Australian Standards AS2890:1 and AS2890.2.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point/s of discharge.  The works must be carried out in accordance with the Operational Works conditions of this permit approval.
Electricity and Telecommunication Services
Reticulated electricity, internal lighting and telecommunication services must be provided to the site in accordance with the applicable standards and the requirements of the relevant service providers. Certification/s 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.
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.
Easements
Easements must be created over all existing and proposed public infrastructures within the site if not already created unless approved otherwise in writing by the respective service authority.
Any easements for services must be designed in accordance with the planning scheme or the requirement of relevant service authority 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.
All building works and structures must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
RECONFIGURATION OF A LOT – RAL18/0013
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
Drawing 1	-	Access easement plan, Project Urban	25/07/2018
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.
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 subdivision plan 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.
OPERATIONAL WORKS - OPW18/0197
Development Permit for Operational Work (Driveways, Parking, Stormwater Drainage Works, Earthworks, Frontage Works and Landscaping)
ENGINEERING
Development works 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/Drw No.	Rev.	Plan Title	Date
250660-CI-001	01	Title Sheet and Drawing Schedule,  prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-002	01	Site Plan,  prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-003	01	Layout Plan, prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-004	01	Detail Plan Sheet 1, prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-005	01	Detail Plan Sheet 2, prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-006	01	Pavement Jointing Plan, prepared by HR Design Consulting Engineers	06/06/2018
250660-CI-007	01	Pavement Jointing Details, prepared by HR Design Consulting Engineers	06/06/2018
			
Dwg No: C01 Job No: 18-0165	D	General Notes & Details, prepared by HR Design Consulting Engineers	0711/2018
Dwg No: C02 Job No: 18-0165	D	Driveway Details, prepared by HR Design Consulting Engineers	07/11/2018
Dwg No: C03 Job No: 18-0165	D	Stormwater Drainage, prepared by HR Design Consulting Engineers	07/11/2018
Dwg No: C04 Job No: 18-0165	D	Stormwater Drainage Details, prepared by HR Design Consulting Engineers	07/11/2018
Dwg No: C05 Job No: 18-0165	D	Block Stormwater Tank 1 Details, prepared by HR Design Consulting Engineers	0711/2018
Dwg No: C06 Job No: 18-0165	D	Block Stormwater Tank 2 Details, prepared by HR Design Consulting Engineers	07/11/2018
Dwg No: C07 Job No: 18-0165	D	Block Stormwater Tank 3 Details, prepared by HR Design Consulting Engineers	07/11/2018
Site Specific Conditions - Stormwater
To alleviate the potential of stormwater ponding in the parking areas during major stormwater events and to allow for the possibility of blockage of the proposed grated pits, the retaining walls along the edges of the parking areas, particularly along the western boundary of the site, must be provided with sufficient gaps, opening or constructed at a specified height above the finish levels in accordance with the directions and recommendations of design/supervising engineer/s.
Prior to Commencement of Works
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to the prestart meeting.
Any filling and structural wall over an existing sewer main must comply with Unitywater requirements. Where applicable, a written approval in this regard must be obtained from Unitywater and submitted to Council prior to requesting the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart.  The contact number to arrange a pre-start meeting is 5329 6245*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Stormwater drainage works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes
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.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Condition report/s including photographs must be completed and submitted to Council prior to the prestart meeting and prior to any works commencing:
The leading road to the site (Taylor Court)
The frontage of the site including kerb line.
All fences and retaining walls bordering the site.
Any existing works, buildings and structures on the adjoining properties that could potentially be destabilised or impacted on by the proposed operational works.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically 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 prior to construction commencing.
Where applicable, details on the location of imported fill sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
NOTE: any damage to the existing road system as a result of haulage operations and construction works must be fully repaired at the developer’s expense
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased for all stages of development.
Fencing to the site during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows and traffic safety on the leading/local roads or shared access roads.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures (also refer to Erosion & Sediment Control conditions).
Works programme identifying key components of the works and their respective durations.
Establishment of a communication and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
During Construction
General
All frontage works must match neatly with existing road and verge/footpath features. Where required, additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any damage caused to Council or public assets and/or common property assets as a result of the development works must be repaired by the developer/applicant 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.
All operational 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 completed engineering works conform to the conditions of this Operational Works permit and the intent of the engineering design.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Pathways
A 1.2m wide new pathway shall be provided along the frontage of the site generally in accordance with the approved plans and conditions of the MCU, and must comply with but not limited to following requirements:
Must comply with Standard Drawing SEQ R-065.
Must have cross fall grade of 2.5% maximum and be provided with any necessary drainage provisions to eliminate stormwater ponding and/or silt accumulation on the surface.
All paths must have a slip resistant surface.
Must be provided with pram ramp/s in compliance with the applicable standard drawing.
To have Clarence of 500mm from any existing or proposed pole, post or the like.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
Where required, to include any relocation, modifications or alterations to all existing surfaces, service covers and the like to ensure they finishes flush with the footpath so as not to create changes to grades or a pedestrian trip hazard.
To match and terminate in a manner that ensures smooth transition the existing and proposed surfaces without posing fall or trip hazards, and be extended beyond the frontage of the site where necessary to join adjacent existing sections of pathway.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
A 1.5 wide pathway connection shall be provided between the new pathway and the proposed middle aisle within the site and be extended to the kerb line and provided with a standard pram ramp or a layback.
Driveways and Carparking
Driveways must be provided to the site in accordance with the approved plans and must comply in particular with the following:
Be in accordance with IPWEAQ Standard Drawings SEQ R-051
To have a maximum width of 7.0 metre.
To smoothly match the levels and grade (at 2.5%) of the proposed concrete footpath without posing trip hazards.
Have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset, unless a written approval is obtained from Unitywater/Energex/Telstra and submitted to Council.
Any existing service pits (eg Water Metre, Telstra pit) within the driveway crossover must be relocated or adjusted in accordance with the requirement the relevant service provider.
Any existing redundant property or pram ramp must be removed and the kerb, footpath and verge area must be reinstated to match the existing kerb and verge treatments. The grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established. Any sections if kerb line requiring removal due to the new works must be saw-cut and removed to allow for a smooth and neat finish with the new works
Carparking areas must be constructed and line-marked generally in accordance with the approved plans and in compliance with the relevant sections of Australian Standards, AS 2890.1 and AS 2890.2.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner and must be certified by RPEQ.
Earthworks
All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.  All earthworks must be undertaken in accordance with the approved plans and the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments with geotechnical testing undertaken in accordance with the Standard, and to a minimum of ‘Level 2’ supervision. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ.
Stormwater Works
Stormwater drainage works must be provided generally in accordance with the approved engineering plans and must comply in particular with following requirements:
The use of gravity stormwater drainage.
The finished surface levels of the site must be graded and shaped to ensure that all surface runoff is collected and directed to the proposed drainage system and not directed on to any adjoining property or adversely impacting on the development site.
Adequate overland flowpath to convey stormwater runoff to ensure no adverse impact on the proposed development or other adjoining site during major storm events (eg up and including 1% AEP rainfall storm event).
Service Conduits under Existing Road
Where applicable, any electrical conduits and other services (including town water connection) proposed to be installed under existing sealed/concrete roads (including shared private roads), concrete pathways or concrete/sealed driveways must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Certification and Final Inspection
Upon completion of the work and prior to the final inspection by Council, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit, the relevant engineering standards and best engineering practices.
A final inspection of all the completed operational works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
Erosion & Sediment Control
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks for the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material for each stage. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
E&SC measures must be installed and maintained to ensure any waters discharged from the site contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book must be installed to minimise the amount of sediment leaving the site.
All exposed areas greater than 2500 metres2 must be provided with sediment controls which are designed, implemented and maintained to a standard which would achieve at least 80% of the average annual runoff volume of the contributing catchment treated (i.e. 80% hydrological effectiveness) to 50mg/L Total Suspended Solids (TSS) or less, and pH in the range (6.5–8.5) .Sediment controls to achieve this condition must be installed and certified by an RPEQ prior to exposure of any soils that require this form of sediment control treatment.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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.
Stormwater Drainage
The site must be provided with a stormwater drainage system that connects to a lawful point of discharge and the Queensland Urban Drainage Manual, and must include in particular:
A stormwater detention system to ensure  no  increase in peak flow runoff in 1, 5, 50 or 100 ARI events, as per The Stormwater Management Report  for Lot 5 Taylor Court, Cooroy Qld, 4563 report No 18-0165D Dated 7 November 2018 by HR Design
No adverse impact on other properties and the road’s footpath and grassed verge (e.g. by diverting flows and/or blocking flows and causing additional ponding)
The use of gravity stormwater drainage only and not surcharge pits or pumps.
A stormwater quality treatment system in accordance with the with The Stormwater Management Report  for Lot 5 Taylor Court, Cooroy Qld, 4563  report No 18-0165D Dated 7 November 2018 by HR Design   to achieve the following objectives as predicted in MUSIC modelling in accordance with the Water by Design MUSIC modelling guidelines.
	State Planning Policy	SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments (SEQ Water 2012)
Total Suspended Solids	80% reduction compared to an unmitigated development	No increase in pollutant loads compared to a Vacant Industrial Allotment
Total Phosphorous	60% reduction compared to an unmitigated development	
Total Nitrogen	45% reduction compared to an unmitigated development	
The finished surface levels of the swale alongside the western property boundary must be such that all flows within the swale drain to the bioretention basin as per the MUSIC model provided to Council on 7 November 2018.
The development must include bins with educational signage material to encourage patrons who purchase items that generate gross pollutants to dispose of such items appropriately, and not where they may enter stormwater systems.
Stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with Water by Design maintaining vegetated stormwater assets guidelines. Records of all maintenance activities undertaken must be kept for 5 years and made available to Council upon request.
The ongoing maintenance plan for the development must include the operations and maintenance manual for the water quality device/s and must include the full cost of maintaining the system. This maintenance plan must be provided at the Pre-Start meet
The development must not cause an increase in peak flow runoff in 1, 5, 50 or 100 ARI events. The subsequent application for operational works must include calculations and designs to demonstrate how this condition is achieved.
Water Sensitive Design
Prior to release commencement of use, the supervising RPEQ must certify must certify that all hardstand areas of the development drain to a bioretention device designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to the sealing of the survey plan.
The active filter media of the bioretention device must be as detailed inThe Stormwater Management Report  for Lot 5 Taylor Court, Cooroy Qld, 4563  report No 18-0165D Dated 7 November 2018 by HR Design   . Active filter media area is the area of the bioretention basin surface that is not covered by any impermeable structure such as a sediment forebay, riser, etc.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved. The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to the construction holdpoint for the Bioretention device.
Certification and Final Inspection
Upon completion of the work and prior to the final inspection by Council, a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit, the relevant engineering standards and best engineering practices.

A final inspection of all the completed operational works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.

Bio Retention Basins
Prior to Council accepting water quality treatment device assets “Off Maintenance”, the applicant must provide Council with a Schedule of Maintenance Costs for all activities undertaken to maintain the bio retention basins in accordance with the most current version of Healthy Waterways Bio retention Basin Maintaining Vegetated Stormwater Assets Guidelines. The schedule shall include records of actual costs of maintenance work undertaken.
LANDSCAPING
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
L001	D	Drawing Schedule and Sheet Layout prepared by James Birrell Design Lab	12.11.2018
L002	D	General Notes prepared by James Birrell Design Lab	12.11.2018
L003	D	Finishes & Plant Schedules prepared by James Birrell Design Lab AS AMENDED BY COUNCIL	12.11.2018
L601	D	Planting Plan prepared by James Birrell Design Lab	12.11.2018
L602	D	Planting Plan prepared by James Birrell Design Lab AS AMENDED BY COUNCIL	12.11.2018
L603	D	Planting Plan prepared by James Birrell Design Lab AS AMENDED BY COUNCIL	12.11.2018
L701	D	Landscape Details prepared by James Birrell Design Lab	12.11.2018
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with timber or concrete edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
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 all planting areas to ensure a minimum 100mm depth once settled.
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Site Stability and Soil Quality
Soil for landscaping must provide for healthy and sustained site specific vegetation performance.
Prior to the commencement of use the Landscape Certification must be provided to Council.
Bioretention Devices - Landscaping
Landscape plans must include a mixture of at least five of the following species for planting in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Landscape plans for the areas surrounding the bioretention basin filter media footprint must be arranged to minimise shading to the filter media footprint are. Suitable plants include the following:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Banksia robur
Dianella brevipendunculata
Themada triandra
Cymbopogan refractus
Melaleuca thymifolia
Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.
Landscaping to the surface of the bioretention basin filter media area must not commence until 80% of building work within each contributing catchment is complete or after 3 years, whichever occurs first. An uncompleted works bond of 150% of the value of the planting to the surface of the bioretention basin filter media area must be provided to Council prior to the release of the Plan of Survey.
Where required, mulch within the batters of bioretention basins must be installed in a manner that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
The development shall be provided with approved permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “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 Lake MacDonald”.
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:
Engineering Notes
All private infrastructures for the development must be designed to meet the requirements of the planning scheme and the relevant service provider unless otherwise agreed by the relevant authority.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The Setout Tables in the approved plans, their contents and details are not part of Council’s assessment and approval.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the work site safe due to inactivity on the development site for extended periods of time.
Prestart Meeting: Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
Where applicable, a minimum maintenance period of 12 months will apply to all municipal works (eg public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Landscape Works – Qualified Person
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Public Amenity
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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 (ACH Act).
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”. It 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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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 dated 21 November 2018 will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
Where the works include Council assets (construction of new or modifications to existing) a portion of the performance bond will be retained as a “maintenance bond” as described in Council’s Planning Scheme Policy 5 Engineering Design Standards – Roads, Drainage and Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
5% of the agreed value of the works or
$1500, whichever is the greater amount
property notes
Stormwater Treatment
This site is provided with stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site.  These devices are required to be routinely checked and serviced/cleaned out as per Maintaining Vegetated Stormwater Assets, Version 1 (Water by Design, 2009).  Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Industrial Buildings (Private Building Certification)
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,

Billy Glover
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 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.
(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.
230 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.
231 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.
232 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

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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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ee) NOOSA COUNCIL