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SUPERSEDED Negotiated Decision Notice [As Published] · 132007.1181
Form 6 - Negotiated Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/1181 Date of Decision: 30 January 2008
1. APPLICANT DETAILS
Name: Robert Selkirk
Postal address: CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Phone no: 07 5443 2844 Fax no: 07 5443 7146
2. PROPERTY DESCRIPTION
Street address: 33 Hastings Street, Noosa Heads
Real property Lots 0 – 7 BUP 2665
description:
3. OWNER DETAILS
Name: Body Corporate - Sandpiper Noosa Heads
Postal address: CARE Sound Body Corp Management
PO Box 1547 NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Environmental Eco Access Customer Services Unit Concurrence
Protection Agency PO Box 15155
CITY EAST QLD 4002
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Building Works Demolition No Yes
Material Change of Use Retail Business Type 2 & Visitor No Yes
Accommodation Type 4
6. DECISION DETAILS
Council on 22 November 2007 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made by the applicant, Council on 30 January 2008 decided to:
A. Agree to change Conditions 1, 3, 4, 7, 24, 25, and 59.
B. Agree to delete Conditions 4.1, 4.2, 4.3, 45 and 51.
C. Issue a Negotiated Decision Notice.
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7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Advertising Devices Code.
8. SUBMISSIONS
Nil.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the
Environmental Protection Agency, as a concurrence agency are also attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Works Landscaping, carparking and access, site civil works,
stormwater drainage and erosion & sediment control
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 30/01/08
DECISION NOTICE HISTORY
Original Decision Notice 22 November 2007.
Negotiated Decision Notice with amendment to
Conditions 1, 3, 4, 7, 24, 25 & 59 and agree to
delete conditions 4.1, 4.2, 4.3, 45 & 51 on 30
January 2008.
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Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are: DA-02.1, DA-01 (Issue B) dated 15/05/2007, DA-02.2, DA-03,
DA-04, DA-05 (Issue A), DA-06 (Issue A), DA-07 (Issue A) dated 15/05/2007, DA-08 (Issue A), DA-09
(Issue A), DA-10, titled: Podium Level 1, Basement Level 0 Plan, Podium Level 1, Level 2 – Floor Plan,
Level 3 – Floor Plan, Roof Terrace Plan, North Elevation, South Elevation, East Elevation, West
Elevation, and Long Section prepared by Foster Designs Pty Ltd and dated 29/05/2007 and as may be
amended by these conditions.
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.
3. The pergola structure on the roof top terrace area shall be of open construction, as indicated on the
approved plans, and comprise lightweight materials to minimise the addition of building bulk to the roofline
of the development.
4. The open space and setback areas are to be landscaped generally in accordance with Council’s Policy on
Landscaping Guidelines and the submitted Landscape Plans titled and numbered, Landscape for
Operational Works – Overall Layout LGFD 1227 LA01 Issue D and Landscape for Operational Works
Schedules, Spec & Details LGFD 1227 LA02 Issue D, prepared by Landgraphics and dated Oct 2007.
Such landscaping is to be completed prior to the premises being occupied and maintained at all times
thereafter.
4.1. Deleted.
4.2. Deleted.
4.3. Deleted.
5. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. These landscape plans required
to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
retained. In this regard:
5.1. The mature Pandanus trees and Palms adjacent to the site on the beach frontage are to be
retained and protected;
5.2. The existing trees and shrubs in the road reserve area are to be retained and protected.
6. Cleared vegetation is to be suitably processed by one of the following methods and removed from the
site:-
6.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
between edges of heaps.
6.2. Disposal for firewood.
6.3. Disposal for landscaping purposes.
6.4. Transport to alternative site for breaking down materials provided that all necessary permits have
been obtained to allow the alternate site to be used for this purpose.
6.5. The disposal method for clearing works is to be submitted in conjunction with an application for a
Development Permit for Operational Work. The Applicant is advised that other methods may be
considered provided full details of the method are submitted.
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6.6. The Applicant is advised that burning off is an unacceptable method of disposal.
7. Fencing between the Building and the beach is to be no more than 1.8m in height, of open construction,
and generally in accordance with the approved plan titled and numbered North Elevation DA-06 (Issue A),
prepared by Foster Designs Pty Ltd and Dated 29/05/2007.
8. Any advertising sign or device is to comply with Council's policies on advertising.
9. All goods are to be displayed on site within the property boundaries and/or on the premises approved for
the use.
10. Business deliveries are to be undertaken between the hours of 6am to 7pm only.
11. The retail tenancies are to operate between the hours of 7am and 9pm only.
o
12. The main roof of the building is to have a roof pitch of no less than 5 and eave overhangs of 600mm.
13. The ground floor retail tenancies are to have a minimum of 50% transparent glazing fronting the street.
14. Car parking spaces are to be accessible to patrons and staff during business hours with security gating
only activated outside of business hours.
15. Secure bicycle racks shall be provided on site to accommodate a minimum of 1 bicycle. The cycle
parking rack is to be made available for customers and staff of the retail premises at all times.
16. All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems
(LPG or natural).
17. The finished height of the building shall not exceed 15 metres above natural ground level, with no more
than a 12m presentation to the beach.
18. A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged
with Council at completion of work confirming compliance with the maximum allowable building height as
required by either the conditions of approval or the Planning Scheme.
19. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures.
20. The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
21. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted,
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.
22. The requirements of this development approval are to be effected, prior to the use of the premises.
Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
compliance with conditions.
23. The Development Permit for a material change of use of premises lapses if the use has not happened by
22 November 2011, unless an application to extend the currency is approved by Council.
Land Development
Acid Sulphate Soils
24. A report on the Identification and Mitigation of Acid Sulphate Soils, prepared in accordance with Part 6 of
SPP2/02 Guideline: Planning and Managing Development Involving Acid Sulphate Soils is to be submitted
for approval by the Manager Land Development 5 working days prior to the commencement of any new
building works.
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Vehicle Access
25. A vehicular access driveway to serve the development shall be constructed from the Hastings Street
frontage of the site with a maximum width of 5.1m at the property boundary. The access driveway within
the site shall be a minimum of 3.2m.
26. The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
without any step or level difference. Should any driveways be constructed to grades that do not comply
with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
27. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight
line requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for both Operational Works approval and Building
Works approval.
28. All vehicles shall enter and leave the site in a forward direction.
Car Parking
29. Carparking shall be provided within the site as shown on drawing number 2007-02 DA-01A dated
20/08/07 by Foster Designs, except as modified herein.
30. A minimum of 8 covered carpark spaces shall be provided on site, including 1 clearly defined disabled
carpark space.
31. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
class 1A for residential and staff spaces and for user class 3 for customers spaces as a minimum with
allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance
(headroom) at any point of 2.2m.
32. Carspaces 4 and 5 as indicated on drawing number 2007-02 DA-01A dated 20/08/07 by Foster Designs
shall be dedicated as “Staff” carspaces.
33. All carparking shall be kept, maintained and line-marked in a condition fit for use.
34. All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking
Only” and by sign posting each space with a similar wording.
35. A sign shall be erected at the carparking area end of access driveways advising vehicles exiting the site to
“Give Way to Incoming vehicles”. The location and type of sign shall be clearly indicated on any plans
submitted for Operational Works approval.
Frontage Works
36. Any damage or disturbance to the beach frontage or to the footpath, planter boxes and other street
improvements in Hastings Street that occurs during the construction of the proposed development or
occurs in the construction of any works necessary to connect the proposed development to Council’s
services infrastructure shall be reinstated in accordance with the Hastings Street Masterplan with suitable
matching materials to the satisfaction of Council’s Manager of Design. These reinstatement works are to
be undertaken at no cost to Council and are to be completed prior to the commencement of the use
permitted by this permit.
37. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
paving and landscaping in accordance with the Hastings Street Masterplan prior to commencement of the
use permitted by this permit.
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Roof Water & Stormwater Drainage
38. Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum
2
storage 3000 litres per dwelling/unit and the greater of 5000 litres or 15 litres/m of roof area for
commercial uses) that is installed to ensure water from the tank is used for external uses (such as
watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor
cleaning, etc) and for use in flushing of toilets internal to the building. All rainwater tanks are to be
designed and installed in accordance with the Queensland Development Code (QDC), Part 25 –
Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.
The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works /
Operational Works approval and any overflow shall be directed to the stormwater drainage system.
39. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
collected and discharged so there is no net increase in stormwater runoff from the site. Stormwater
drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures in
Hastings Street. Plans of the drainage design shall be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
40. To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off
from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-
down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into
Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which
shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational
Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the
development and a copy of this shall be provided for Council’s records prior to commencement of the
approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational
Works has been issued in regard to the drainage scheme.
41. All site stormwater drainage shall be by means of a gravity system.
42. All stormwater drainage lines including drainage within Hastings Street shall be inspected by closed circuit
television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following
satisfactory completion of construction works. The developer will be responsible for the full cost of CCTV
inspection, including any additional inspection necessary following defect identification and rectification.
This charge is payable prior to the issue of Operational Works approval and will be determined on the unit
rate basis current at the time of approval.
Sewer Mains
43. The property shall be connected to the existing house connection branch (HCB) located in south-eastern
corner of the property. Internal sewer drains are to be configured to provide for gravity flow to existing
connection point. Connection to the sewer at rear will not be permitted.
44. The existing sewer and connection to the rear (northern boundary) shall be capped and abandoned by
Council at Applicant’s expense at the time of demolition of existing structures on the site. The applicants
and/or their contractor shall contact Council to arrange for capping and abandonment of the existing
sewer. The cost of these works shall be advised at the time of application for the works.
45. Deleted.
Town Water Supply
46. The site shall be connected to Council’s existing town water supply and be constructed in accordance with
Council’s standards and requirements at no cost to Council.
47. Any new water service, including a fire service if applicable, shall be constructed by Noosa Shire Council
at the applicant’s expense. The cost of these works shall be advised at the time of application for the
works.
48. Each individual water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council.
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49. All water meters must be located outside the property boundary and in an easily assessable location to
facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind
fences or locked gates. In this regard approval of the water meter configuration and location must be
obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of
hydraulic drawings.
50. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
served by:
50.1. A single Body Corporate water meter to measure the total water consumption (including fire hose
reels, but excluding fire hydrants and fire sprinkler systems), and
50.2. Individual water meters to each tenement capable of being separately rated, and
50.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows
to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer)
51. Deleted.
52. No building or other structure shall be constructed or encroach over an easement.
Earthworks
53. Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
or the blockage of, or interference with, any natural watercourses.
54. Earthworks carried out on site should not affect the structural integrity of any of the existing fences and/or
structures and/or buildings and/or services and/or lands that border the development site. Fences that
are affected shall be replaced at the cost of the applicant.
55. The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the
use of vibrating installation techniques for sheet piling and other construction vibrations caused by
excavating, earthmoving or demolition machinery or other similar construction techniques) unless
approved and supervised by a Certified Geotechnical Engineer. Under such circumstances the operator
of such equipment shall at all times comply with the directions of the Geotechnical engineer.
Site Stability
56. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
soil classification, establish whether any measures are required to protect the stability of adjoining
buildings and/or structures and/or services and/or lands, and make recommendations on the type of
foundation system(s) best suited for the proposed development. The recommendations of this report shall
be incorporated into the design and construction of the proposed development.
57. Should the recommendations of the geotechnical report require any part of the works (including
excavation, retaining structures, tie backs etc) to be temporarily or permanently constructed within any
adjoining property a letter of authority from the adjoining property should be obtained.
58. The excavation of the site and the construction of the proposed works should not have any adverse
affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard
a Registered Professional Engineer Queensland should supervise the excavation of the site and the
construction of the new works to determine whether any additional measures are required to protect the
stability of adjoining buildings and/or structures and/or services and/or lands.
Construction Issues
59. A Traffic Management Plan for the each separate demolition and construction phase of the development
shall be submitted to and approved by Council at least 5 working days prior to the commencement of any
Demolition or Building works or at least 5 working days prior to the pre-start meeting for Operational
Works. The Traffic Management Plan shall include but not be limited to:
59.1. Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the
local roads as access to the site;
59.2. Indicate provision for on-site parking for the required workforce;
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59.3. Indicate the location of any “holding” areas for heavy vehicles and
59.4. Operating hours.
60. A Condition Survey should be carried out on adjoining buildings, structures and services prior to any
excavation or construction works taking place on site. If distress already exists, a photographic survey
should be undertaken, the distress measured and a plan to monitor changes to distress shall be
implemented.
Erosion and Sediment Control
61. Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
62. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be submitted in
conjunction with an application for a Development Permit for Operational Works. To avoid conflict with
underground pipes or services, all existing and proposed services required by the development shall be
shown on the plans.
63. Any alteration of any public utility or other facilities necessitated by the development of the land or
associated construction works external to the site shall be at no cost to Council.
64. The transportation of all materials to and from the site shall be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
be covered to prevent materials including dust being windblown from the vehicle.
Building Services
65. The works must 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.
66. Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from
damage and made safe to the standard required by the regulatory authority;
67. All infrastructure must be disconnected, capped or sealed including:-
electricity meters removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the
standard required by the regulatory authority;
68. All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging,
must be removed from the building and disposed of in accordance with industry best practice.
69. Waste generated during construction must be stockpiled in a centralised location and covered as required
to prevent material being blown onto adjoining properties including the road reserve or food waste from
generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly
or via an approved waste receptacle and collection service. Storage areas are to be located near the
temporary access to the site so that access can be gained with out damage to infrastructure.
70. All building materials containing asbestos products must be disposed on in accordance with industry best
practice.
71. A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;
72. Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the
relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
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73. Sediment and erosion control measures must be placed on site prior to the works commencing and shall
be maintained until all works are complete. The erosion and sediment control measures shall be in
accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by
Healthy Waterways (copy attached or available at www.healthywaterways.org).
74. All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed
areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
75. The transportation of all materials to and from the site must be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site
shall be covered to prevent materials including dust being windblown from the vehicle.
76. A Waste Management Plan shall be submitted for the demolition to the Land Use Section of Noosa
Council, prior to the development permit for building works being issued. The Plan shall contain the
following information:-
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated volume (m³) On-site *specify Off-site *specify *Specify contractor
materials proposed reuse or contractor & & landfill site
onsite recycling recycling outlet
methods
Excavation material
Green waste
Bricks
Concrete
Timber – please
specify
Plasterboard
Metals – please
specify
Asbestos
Other – please
specify
Note * Details of site area to be used for onsite separation, treatment and storage (including weather
protection) shall be provided on the plan drawings accompanying your application. If a demolition
contractor is undertaking works, then the Waste Management table is to be completed by the demolition
contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective
reuse and recycling of such materials. Additionally Council rewards those who segregate waste by
significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for
loads of mixed waste.
Environmental Health
77. 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”, including an
external imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A roofed waste/bin wash area is required with
a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.
78. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance
with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
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From 7pm to 10pm: More than 3 dB(A) above the background noise level.
79. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment comply with the cause above when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the
plan development stage so they can recommend where this equipment is best located. They can also
advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
costly to try and deal with noise problems after everything is built.
Trade Waste
80. A place of food preparation and/or cooking is to have the liquid waste connected to a Trade Waste line,
that discharges to an approved grease arrestor of a size determined by Council’s Trade Waste Policy.
81. A completed Trade Waste application showing the Trade Waste requirements in accordance with the
Noosa Trade Waste Policy are to be submitted to Council together with an applicable fee and two (2) sets
of professionally drawn plans.
82. The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa
Trade Waste Policy. NB: A Trade Waste Permit must cover all types of Trade Waste discharged.
83. Trade Waste requirements are to be in place, inspected and approved prior to the commencement of
trading or operation. The appropriate Trade Waste Permits will be issued following approval at final
inspection.
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Concurrence Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
Land Development
1. The applicant is advised that any development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Retail Business –
Commercial Business 169m² Use Area 100m² Use Area
Type 2 - Shop
Retail Business – Visitor Accommodation –
100m² Use Area 3 x 3 Bedroom Units
Type 2 - Shop Type 4 - Conventional
2. Digital detailed designs including drawings, calculations, specifications etc shall be submitted with any
application for a Development Permit for Operational Works in respect of roadworks and stormwater
drainage works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is
to be submitted in conjunction with any application for Operational Works. The design shall be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads,
Drainage and Earthworks.
3. To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at www.adac.com.au).
4. 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.
Environmental Health
5. Where any food premises is included in a development, the following is required:
5.1. Plans and application is to be made to Council’s Environmental Health Section for approval prior to
any building approval, fitting out or use of the premises.
5.2. A statement indicating the purpose of the food premises, type of food sold, proposed menu and
maximum number of patrons at any time, is to accompany the application for plan approval.
5.3. Construction and use of the food premises should comply with Council’s Food Premises Policy and
the Food Safety Standards. (Both available from Council)
5.4. Toilets for customers and staff to be provided in accordance with Building Code of Australia.
Obtain advice from a building certifier on numbers and standards, including disable access.
5.5. Plans and approval is required for any mechanical exhaust ventilation system, which should
comply with AS1668. A certificate from the installer certifying the system complies with the
Standard must be obtained and lodged with Council prior to commencement of trade.
5.6. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food
License from Council, prior to use of those premises.
6. The operator of any beauty treatment and/or hairdressing business should comply with the Infection
Control Guidelines of the Public Health (Infection Control for Personal Appearances Services) Act 2003.
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7. The development should 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, 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.
8. All refrigeration plant including motors, should be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
9. Noise from building works associated with commercial and or industrial development should comply with
the following –
9.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
9.2. All reasonable measures are taken to minimise noise emissions.
9.3. Not permitted on Sunday or public holidays.
10. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
fines apply for such offences.
Building Services
11. The plans for the proposed building work have not been assessed for compliance with the requirements of
the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and
facilities in the building:-
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 AS1428.2;
b. Applicants should be aware that a “Disability Standard on Access to Premises is being
developed and most likely will result in changes to the Building Code of Australia;
c. Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
12. This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
the building certifiers responsibility to assess the requirements for fire services, fire separation and
appropriate methods of construction as part of the building works approval process. Referral to the
Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
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Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to against the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
1
under section 3.1.6; assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business (superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day if it were an application under a superseded planning
the decision notice or negotiated decision notice is scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
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NOOSA COUNCIL IDAS Development Application Decision Notice 16 of 16
2
(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development
approval.
(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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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