Appendix A SCRC Decision Notice · MCU15/0050

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4    CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Approved Plans
1.   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
     and as may be amended by these conditions.

      Plan No.         Plan Name                                                        Date
      0811 MCU-02      MCU Application for 28 Hastings Street (Revised) – April 2010
                       Middap Ditchfield Pty Ltd

General
2.   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.
Relevant Period
3.   The Development Permit for Material Change of Use lapses if the use has not happened
     by 14 September 2016, unless an application to extend the currency is approved by
     Council.
Signage
4.   Any advertising sign or device is to comply with Council's policies on advertising.
5.   All goods to be displayed on site within the property boundaries and/or on the premises
     approved for the use.
6.   The premises to be identified by the provision of a street number in a prominent location
     to ensure it is identifiable to all persons, particularly emergency services personnel.
Building Design
7.   The shop front shall provide a minimum of 50% transparent glazing, which must not be
     blocked out.
Construction Management
8.   Construction works associated with this development must not adversely impact on the
     traffic or the safety of the road users or the availability of existing street parking spaces
     during the construction phase.
9.   A Construction Management Plan must be submitted and approved by Council prior to
     approval of Building Works. The Construction Management Plan shall include, but not
     limited to the following:
     9.1. Traffic management during all aspects of the construct phase including:
           9.1.1. 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;
           9.1.2. Mitigate any adverse impact and disturbance on the local residential area
                  and on the traffic in the local and main roads to acceptable limits;
           9.1.3. Define the routes for heavy vehicles on the road network;
           9.1.4. Indicate provision for on-site and off-site parking for the required workforce;
           9.1.5. Indicate the location of loading and unloading areas;


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            9.1.6. Indicate the location of any “holding” areas for heavy vehicles
      9.2. Mitigate dust disturbance caused by vehicles and machinery movements within
           and outside the site;
      9.3. Maintenance of safe and secure construction site both during daily construction
           and after daily construction has ceased, use temporary fencing where necessary;
      9.4. Maintenance and protection of water quality and existing drainage lines through
           the construction site, through the implementation of appropriate erosion and
           sediment control measures;
      9.5. Works program identifying key components of the works and their respective
           durations;
      9.6. Establishment of a communication protocol with the general public, adjoining
           owners, local businesses and residents to advise of impacts on traffic and services
           and other relevant issues; and
      9.7. Identification of complaint management procedures including:
            9.7.1. Contact details for the on-site manager; and
            9.7.2. Dispute resolution procedures
Infrastructure Contributions
10.   The applicant must pay contributions towards trunk infrastructure in accordance with the
      following Planning Scheme Policies and Council Policies:
      (a)   Planning Scheme Policy 12 – Public Open Space Contributions;
      (b)   Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
      (c)   Planning Scheme Policy 16 – Sewerage Headworks Contributions;
      (d)   Planning Scheme Policy 17 – Water Supply Headworks Contributions;
      (e)   Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
      (f)   Council Policy – Rural Roadworks Contributions;
      (g)   Council Policy – Master Drainage Contributions.
      For material change of use of premises approvals the contributions must be paid prior to
      the commencement of use, for reconfiguring a lot approval contributions must be paid
      prior to Council approval of the plan of subdivision.
      The actual amount of the contribution must be calculated and paid in accordance with
      the Planning Scheme Policies and variations due to indexation current at the time of
      payment.
Further Development Permits Required
11.   Prior to the commencement of development, the following Development Permits must be
      obtained:
      11.1. Development Permit for Building Works

5     REFERRAL AGENCY CONDITIONS

Not Applicable




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6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:

 Plan No.         Plan Name                                                        Date
 0811 MCU-02      MCU Application for 28 Hastings Street (Revised) –               April 2010
                  Middap Ditchfield Pty Ltd

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
INFRASTRUCTURE CONTRIBUTIONS AND INFRASTRUCTURE CHARGE
1.    An advice notice outlining the estimated infrastructure contributions payable and the
      basis for their calculation under the current Planning Scheme Policies and Council
      Policies is attached with this Development Permit.
2.    The applicant is informed that this development permit will trigger an Infrastructure
      Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan
      for the estimated amount of $20,197.00 and is subject to variations in the Consumer
      Price Index, All Groups Brisbane from June 2010 until the date of payment. An
      Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the
      “Integrated Planning Act 1997/Chapter 8 of the Sustainable Planning Act 2009".
3.    Please       contact     Council's    Infrastructure  Charges      Officer   (email:
      [email protected]) a minimum of 5 business days prior to payment of the
      infrastructure contributions and/or charge notice so a payment advice detailing the
      amounts applicable at the time of payment may be issued to accompany the payment.
4.    Payment of infrastructure contributions and/or infrastructure charge notices will not be
      accepted by credit card transaction.
General
5.    The development should be undertaken in a manner that causes no detrimental effect
      upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or
      any other emissions in accordance with the nuisance provisions of the Environmental
      Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
6.    The applicant is advised that a Compliance Permit for all plumbing and drainage works
      within the boundaries of the development site shall be obtained from Council’s Plumbing
      Services Section prior to obtaining a Development Permit for Building Works.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with
disabilities. Your attention is also directed to the fact that in addition to the requirements of the
Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of
the following may impact on the proposed building work:
(a)   The Disability Discrimination Act 1992 (Commonwealth)
(b)   Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:


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(a)   The building and environs should be designed to meet the requirements of the Human
      Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
      AS 1428.2
(b)   Applicants should be aware that a “Disability Standard on Access to premises” is
      currently being developed and most likely will impose changes on the Building Code of
      Australia
(c)   Any services and facilities in the building complex should allow independent, dignified
      and equitable use of the services and facilities for all people.
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.
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 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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not Applicable

9     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

10    FURTHER DEVELOPMENT PERMITS REQUIRED

     Development Permit for Building Works

11    SELF ASSESSABLE CODES

Not Applicable

12    SUBMISSIONS

There were no properly made submissions about the original application.

13    REASONS / GROUNDS FOR APPOVAL

Not Applicable

14    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.




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15      OTHER DETAILS

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


DECISION NOTICE HISTORY
132010.529 - Original Decision Notice. 14 September 2010
132010.529.02– Compiled Decision Notice 28 May 2014


Yours faithfully




JACK LEWIS
DEVELOPMENT PLANNER



Encl.    Appeal Rights



cc       Unitywater




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                                           Appeal Rights
                                           SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                           REGULATION 2009



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


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




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