MCU14/0067 - Decision Notice

Officer:	Denis Wallace
Direct Telephone:	53296239
Our Reference:	MCU14/0067
Your Reference:	14182

21 November 2014

Logan Superannuation Fund
C/- KHA Development Managers
PO Box  6380
MAROOCHYDORE BC  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 November 2014, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0067
Street Address:	77 Rene Street, Noosaville Qld  4566
Real Property Description:	Lot 2 SP 244573
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial Business Type 1 Warehouse (Self Storage Facility)
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 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 below and as may be amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
S8166-MS01	A	Master Site Plan prepared by Milanovic Neale Consulting Engineers	20/08/14
WD-03.01	C	Proposed Floor Plan – Ground prepared by Elevation Architecture Studio	February 2014
WD-03.02	C	Proposed Floor Plan – First prepared by Elevation Architecture Studio	February 2014
WD-03.04	A	Proposed Roof Plan prepared by Elevation Architecture Studio	February 2014
SK-03.03	C	3D Views prepared by Elevation Architecture Studio	20/08/2014
SK-04.01	B	Proposed Elevations prepared by Elevation Architecture Studio	20/08/2014
Nature and Extent of Approved Use
No external storage or use areas are approved on the site.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed an area of 100m2.
Built Form
The building must incorporate a minimum of 600mm eaves to at least 75% of the perimeter of the building.  Amended plans demonstrating compliance must be submitted to Council prior to the issue of a Development Permit for Operational Works.
Building Height
The maximum height of the development must not exceed 8metres above the finished ground level and the natural ground level.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include:
The landscaped areas as generally shown on the approved Site Plan, except where amended by conditions contained herein.
Trees within the front setback area and to soften building bulk.
All plantings near storm water infrastructure are to be coordinated with the approved hydraulics plans and must not interfere with the operational function of the storm water devices, either by root interference, shading or other means.
Landscaping plans must show the location of all water quality devices.
Retention of existing street trees.
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.
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
ENGINEERING
Carparking and Driveways
Sealed car parking and access driveway must be provided generally in accordance with Drawing No: S8166 – MS01- Revision (A) titled Master Site Plan dated 20/08/2014 by Milanovic Neale Consulting Engineers.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The car parking must be in compliance with the provisions of the current AS/NZS 2890.1 off-street car parking (particularly Section 2.4.4) and the relevant sections of AS/NZS 2890.6 off-street car parking for people with disabilities.
Compliance with the relevant sections of AS/ANZ 2890.2 Off-street commercial vehicles facilities.
Traffic control and directional signage within and at the entry of the site must be provided in accordance with the design engineer recommendations and in compliance with the Manual of Uniform Traffic Control Devices (MUTCD).
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Any building, structure and/or installation (e.g. sliding gate and associated mechanism) must not encroach onto, or negate the conditions of, the registered easement/s along the front boundary of the site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual, the relevant Codes and Policies of The Noosa Plan and supported by a detailed stormwater drainage report and design based on field survey and prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer, and must include in particular:
Where is considered effective and practical all roof runoffs should be directed to water tanks with overflows and surcharge be discharged into a lawful point of discharge.
Stormwater detention to cater for all flows from the outdoor areas and any possible stormwater surcharge from the roof drainage system during heavy rainfall events to maintain predevelopment stormwater runoff, and to address any potential of adverse impact by the development on the existing drainage conditions on other properties.
Plans submitted for operational works approval must include bioretention which demonstrates that stormwater runoff shall be treated to achieve 80% Reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous and 45% Reduction in Total Nitrogen prior to discharge from the site compared to if there was no water pollutant mitigation incorporated into the design.
Where biobasins are proposed on site to achieve compliance with the above Reduction parameters, calculations to determine filter media area and detail design must be consistent with current best practice methods as detailed in the Bioretention Technical Design Guidelines Version 1, October 2012.
Bioretention basins must include 1:4 batters between the dedicated filter media area and the surrounding ground surface. Batters are not included within filter media footprint area calculation.
f.	Bioretention basin layout and setting must be consistent with landscape design for the site.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558	Coastal Management District	The agency provided its response on 29 September 2014. A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
The applicant is advised that the development works for this permit may require payment of a compliance bond (to be determined in Operational Works Permit) in accordance with Council’s policies.  The payment of the bonds will be required prior the prestart meeting for the Operation Works.
The Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works (Access. Parking, Landscaping & Stormwater)
Development Permit for Building Works
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
There was 1 properly made submission about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Planning & Environment

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)
Email:[email protected]

Enc:	Adopted Infrastructure Charge Notice
Referral Agency Response
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

WB Sharpe	40 Wyuna Drive	Noosaville Qld 4566

	Concurrence Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	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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