APPROVED Decision Notice MCU17/0054

Officer:	Patrick Murphy
Direct Telephone:	53296436
Our Reference:	MCU17/0054
Your Reference:	2142

21 November 2017

Tewantin Retail P/L
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 16 November 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU17/0054
Street Address:	11, 15 and 17 Hilton Terrace Tewantin
Real Property Description:	Lot 2 RP 152351 Lot 3 RP 152351 Lot 4 SP 133160
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 - Retail Business Type 2 - Shop & Entertainment & Dining Business Type 1 - Food & Beverages
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all time while the use continues.
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
DA-07.1216.2D	D	Site Plan/Floor Plan prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.3D	D	Roof plan prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.4D	D	Elevations prepared by Andrew McKellar Design	14.06.2017
DA-07.1216.5D	D	Sections prepared by Andrew McKellar Design	June 2017
DA-07.1216.6D	D	Sections prepared by Andrew McKellar Design	June
Amended plans must be submitted and approved prior to a Development Permit for Operational Works being issued. The amended plans require a reduction of the block work walls on Earl and Ernest Streets to reflect the most recent designs provided for this structure.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Monday to Thursday
6am to 12am Friday and Saturday
6am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The outdoor dining areas must not exceed 30m2 and 35m2 as shown on the approved plans and must not be used after 10pm each night.
The approved uses must not cause nuisance as a result of noise emission.
Entertainers or speakers used to amplify noise must not be located in any outdoor, verandah, patio, footpath or beer garden area of the premises.
Building Appearance
Ground floor shopfront glazing along the frontages must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction, and must be provided at full height (floor to ceiling).
The external finishes of the building must include a mix of materials, variation in roof form and extensive eaves as shown on the Approved Plans.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Soil Contamination
As part of any Operational Works application for the site a detailed site contamination assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) is required.  The report must conclude:
whether the site is suitable for the proposed new use/development (with and without remediation and/or management);
whether any site contamination is causing, or is likely to cause, ‘environmental harm’ (as defined under the Environmental Management and Pollution Control Act 1994); and
whether any site contamination presents an occupational health and safety risk to workers involved in redevelopment of the site.
If the site contamination assessment report concludes that remediation and/or management strategies are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must be submitted to Council prior to the commencement of building works.  Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off-site transfer of potentially-contaminated soil or stormwater.
NB: It is mandatory for any contaminated land investigation documents, including investigation reports, validation reports and draft site management plans to be certified by an approved auditor and must have approval from the Department of Environment and Heritage and Protection (DEHP). DEHP have list of approved auditors.
Site Access and Driveways
A sealed access driveway must be provided from Ernest Street and Earl 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:
driveway crossovers in accordance with Council’s standard drawing RS-051
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the driveways to warn motorists of pedestrian movement along the street frontages
All vehicles must enter and leave the site in a forward direction.
Car Parking
A minimum of 38 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:
pedestrian routes in accordance with the approved plans
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
regular access for a Waste Collection Vehicle
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 6pm 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.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Internal pedestrian footpaths in accordance with the approved plans
a total of 12 bicycle parking spaces
end of trip facilities involving 12 lockers, 1 male and female shower and change rooms.
Public Safety
All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the location shown at the corridor servicing the toilets and change room.
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
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.
Landscaping Works
The development site must be landscaped prior to the commencement of use. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the landscape areas shown on the approved Site Plan/Floor Plan prepared by Andrew McKellar Design dated 14.06.2017.
a minimum 2-metre-wide landscaping strip along the Ernest and Hilton road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
Any retaining walls must be setback from the front boundaries as shown on the Approved Plans and screened with landscaping. Landscaping plans must clearly show any retaining structure and adequately demonstrate how these structures will be permanently screened with native vegetation.
all letterboxes located inside the development or in a position which does not visually dominate the frontage.
details of the rendered wall finish on the Hilton terrace frontage, which can include stone facing or other natural looking finishes and complement the proposed landscaping.
sub-terrain tree planting area demonstrating at least 4m³ area of structured soils per tree is available for root growth and is not subject to compaction.
Provision of 100L Melaleuca quinquenervia along the frontage
Details and depths of all landscaping soils, especially where subject to compaction relating to filling of the site.
Plant selection generally as shown on the landscape documentation.
Bio-basin landscape plants must include a mixture of at least five of the following species for planting in the bio-retention basin extended detention surface at a minimum density of 8 plants/m²:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
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.
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 submitted Stormwater Management Plan - Revision A dated 19 April 2017, prepared by Switchback 48 Consulting.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. Plans submitted for the Operational Works approval must include calculations in accordance with Queensland Urban Drainage Manual for any overland flow discharge areas to confirm that scour will not result from the development.
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bio-retention Technical Design Guidelines (Water by Design, 2012), and must include in particular:
stormwater quality treatment devices of a size and location of 30m2 plus 25m2 generally in accordance with those shown in section 2 of the of the Stormwater Management Plan for 11-19 Hilton Terrace Tewantin by Switchback Consulting, dated 19 April 2017.
Bio-retention devices which:
are designed generally in accordance with the Water by Design Technical Design Guidelines for bio-retention basins
are provided with a free-draining outlet from the sub-soil drainage system
swales which are designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland
have batters around the entire perimeter, or where demonstrated that is not feasible, have retaining structures only of the maximum size recommended within the Water by Design Technical Design Guidelines for bio-retention basins.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
The applicant must submit plans for approval with the operational works application for the inclusion of educational signage or stencilling to be incorporated within the development to ensure patrons are reminded to minimise waste and place it in bins.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with an Operational Works approval and must include in particular:
a total tank capacity of a size suitable to maintain expected non-potable and outdoor uses for a 2 month period without rain.
a minimum catchment of 50% of the building roof area.
re-use of harvested rainwater for internal non-potable uses and outdoor uses.
stormwater harvesting tanks are to be located to the rear of the building
Certification must be submitted to Council from a qualified person which certifies that the rainwater collection tank/s and associated reticulation has/have been installed in accordance with the requirements of this Decision Notice.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a suitably qualified person and referenced in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater Management Plan submitted with the application for Operational Works must detail:
Management necessary for the proposed filling to avoid any impacts of the Potential Acid Sulfate Soils identified on the site – in particular impacts related to compacting Acid Sulfate Soils into the groundwater table and releasing water contaminants.
design measures necessary to prevent any oxidation of the potential acid sulfate soils or transfer of acid sulfate soil leachates via dewatering of groundwater through underground pipe bedding material.
Any other matters necessary to prevent the oxidation of potential acid sulfate soils or release of Acid Sulfate Soil related water contaminants.
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
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.
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.
Public bins must be provided throughout the car park to reduce littering. Bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
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:
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:
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

Qualified Person
For the purpose of certifying that the design of the stormwater harvesting tanks is in accordance with the requirements of this Decision Notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland (RPEQ); or
a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
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).
property notes
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works)
Development Permit for Operational Works (Earthworks, Stormwater, Acess and Parking, Roadworks and Landscaping)
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
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

Patrick Murphy
Acting 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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