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2018-11-15 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting

        Thursday, 15 November 2018

                    commencing at 6pm
                    Pomona Showgrounds Hall
          Corner of Exhibition St and Pavilion St, Pomona




Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie


                   “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING AGENDA                                  15 NOVEMBER 2018


TABLE OF CONTENTS


ITEM                                                                  PAGE

       1    ATTENDANCE & APOLOGIES                                        3

       2    CONFIRMATION OF MINUTES                                       3

       3    MAYORAL MINUTES                                               3

       4    PETITIONS                                                     3

       5    NOTIFIED MOTIONS                                              3

       6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS                    4

            PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS              4

            SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS             9

            GENERAL COMMITTEE RECOMMENDATIONS                            12

       7    ORDINARY MEETING REPORTS                                     23

            1   FURTHER REPORT MCU18/0102 DEVELOPMENT APPLICATION FOR
                MATERIAL CHANGE OF USE VISITOR ACCOMMODATION TYPE 4
                (122 BEDS), 14–16 MARY STREET, NOOSAVILLE                23

       8    CLOSED SESSION                                         47

       9    NEXT MEETING                                                 47

       10   MEETING CLOSURE                                              47




                                                                Page 2 of 47

Section 3

ORDINARY MEETING AGENDA                                               15 NOVEMBER 2018



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 18 October 2018 be received and confirmed.




3   MAYORAL MINUTES




4   PETITIONS




5   NOTIFIED MOTIONS

    Nil.




                                                                              Page 3 of 47

Section 4

ORDINARY MEETING AGENDA                                                            15 NOVEMBER 2018


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
6 NOVEMBER 2018 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony
Wellington
Other Councillors in attendance: Cr Frank Wilkie


1    MCU17/0005 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
     ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT &
     FITNESS (PAINTBALL), 113 MARARA ST COOROY
     Committee Recommendation
     Moved:                Cr Glasgow
     Seconded:             Cr Wellington
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 6 November 2018 regarding Planning & Environment
     Court Appeal No. D155 of 2018 and agree to defend the appeal.
                                                                                  Carried.


2    MCU18/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
     INDUSTRIAL BUSINESS TYPE 1, WAREHOUSE AND RETAIL BUSINESS TYPE 7,
     GARDEN CENTRE AT 124 EUMUNDI NOOSA ROAD, NOOSAVILLE
     Committee Recommendation
     Moved:        Cr Wellington
     Seconded:     Cr Jackson
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0117 for a
     Development Permit for Material Change of Use for Industrial Business, Type 1 Warehouse
     and Retail Business, Type 7 Garden Centre situated at 124 Eumundi Noosa Rd Noosaville
     Qld and:
     A.    Approve the application in accordance with the following conditions:
           PLANNING
           When Conditions must be Complied With
           1.      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
           2.      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
                A.01              Existing Floor Plan, prepared by Zest Building Design   Plot date
                                                                                          29/08/2018




                                                                                            Page 4 of 47

Section 5

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


         Nature and Extent of Approved Use
         3.    The approved Use Area for the Retail Business Type 7 – Garden Centre is
               182m². This total includes 20% Use Area permitted as part of the industrial
               business.
         4.    The development must not include a café.
         Performance Bond
         5.    Security in the form of a cash bond or trading bank guarantee to the sum of $1500
               must be submitted to Council, to secure performance of all conditions of this
               approval, within 20 days of this approval taking effect. 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.
         Landscaping
         6.    Additional plantings must be provided to the 2 gardens located on each side of
               the driveway to the Eumundi Noosa Road. A minimum of 1 feature tree must be
               planted in the north east corner garden and a minimum of 3 feature trees planted
               in the south west garden. The plantings must be in accordance with Council’s
               Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The feature
               trees must be Acronychia imperforata and have a minimum pot size of 45 litres.
         Car parking
         7.    A minimum of 10 car spaces must be provided on site in accordance with
               AS/NZS2890.1:2004.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The garden centre is consistent with the Overall Outcomes of the Noosaville
               Locality Code as it is a retail use which is compatible with the surrounding uses
               and generally unsuited to the business centres.
         2.    The proposal will operate in association with the industrial Warehouse with no
               negative impacts on the adjoining uses.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                       Carried.


3   MCU18/0084 REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
    CHANGE OF USE FOR VISITOR ACCOMMODATION TYPE 3 (RURAL CABINS) AT 340
    POMONA KIN KIN ROAD, PINBARREN
    Committee Recommendation
    Moved:        Cr Jackson
    Seconded:     Cr Glasgow
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 September 2018 regarding representations made to the
    Decision Notice (MCU18/0084) for a Material Change of Use - Visitor Accommodation Type
    3 Rural (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren and:
    A.   Agree to change Condition 2 to read as follows:




                                                                                      Page 5 of 47

Section 6

ORDINARY MEETING AGENDA                                                        15 NOVEMBER 2018


           Approved Plans
           2.     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
                A1           D        Site Plan, prepared by Jim Morehead Building       04.10.18
                                      Design and Drafting
                A2           C        Site Plan – Aerial View, prepared by Jim
                                      Morehead Building design and Drafting              04.10.18
                A3           C        Part Site Plan, prepared by Jim Morehead
                                      Building design and Drafting                       04.10.18
                                      Floor Plan, provided by Cabin Warehouse
                                      Elevations A & B, provided by Cabin Warehouse
    B.     Note the report is provided in accordance with Section 63(5) of the Planning Act
           2016.
                                                                                            Carried.


4   MCU18/0009 REQUEST FOR NEGOTIATED DECISION NOTICE - PRELIMINARY
    APPROVAL FOR A MATERIAL CHANGE OF USE - MULTIPLE HOUSING - TYPE 3
    RETIREMENT AND SPECIAL NEEDS SITUATED AT 186 COOROY NOOSA ROAD,
    TEWANTIN
    Committee Recommendation
    Moved:        Cr Glasgow
    Seconded:     Cr Wellington
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 6 November 2018 regarding representations made to Decision
    Notice MCU18/0009 for a Material Change of Use Multiple Housing –Type 3 Retirement &
    Special Needs situated at 186 Cooroy Noosa Rd Tewantin and:
    A.     Amend the type of approval from a Preliminary Approval for a Material Change of Use
           - Multiple Housing Type 3 - (Retirement & Special Needs) to Development Permit for
           a Material Change of Use - Multiple Housing Type 3 - (Retirement & Special Needs –
           32 beds).
    B.     Agree to change conditions 1, 2, 26, 27 36 and 39 to read:
           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 unless otherwise amended by these conditions.
         Plan No.     Rev.   Plan/Document Name                                         Date
         MCU 01 A            Existing Part Site Plan by Middap Architecture             August 2018
         MCU 02 A            Proposed Lower Level Plan by Middap Architecture           August 2018
         MCU 03 A            Proposed Upper Level Plan by Middap Architecture           August 2018
         MCU 04       A      Site Sections by Middap Architecture                       August 2018
         MCU 05       A      Proposed Site Elevations by Middap Architecture            August 2018
         MCU 06       A      Proposed Entry/Café Floor Plan by Middap Architecture      August 2018
         MCU 07       A      Proposed Entry/Café Elevations by Middap Architecture      August 2018
         MCU 08       A      Proposed Villa 1 Floor Plans by Middap Architecture        August 2018
         MCU 09       A      Proposed Villa 1 Floor Elevations by Middap Architecture   August 2018
         MCU 10       A      Proposed Villa 3 Floor Plan by Middap Architecture         August 2018
         MCU 11       A      Proposed Villa 3 Elevations by Middap Architecture         August 2018
         MCU 12       A      Proposed Villa 2 + 4 Floor Plans by Middap Architecture    August 2018
         MCU 13       A      Proposed Villa 2 + 4 Elevations by Middap Architecture     August 2018


                                                                                        Page 6 of 47

Section 7

ORDINARY MEETING AGENDA                                                  15 NOVEMBER 2018


        2.    The development must include the following, to the reasonable satisfaction of the
              Manager, Development Assessment:
              2.1. Deleted
              2.2. Car parking must be provided at a rate of 0.92 car spaces per bed. Of
                   these, 0.21 spaces per bed are for event days which must be
                   accommodated on the site, but may be located in temporary areas. The
                   layout must comply with Australian Standard AS/NZS 2890.1-2004 and
                   may include the existing 18 car parking spaces in the road reserve.
              2.3. Deleted
              2.4. Deleted
              2.5. A minimum landscape setback of 6.0 metres must be provided to all
                   boundaries, apart from existing development, with existing vegetation
                   retained and reinforced in the setbacks to maintain the amenity of adjoining
                   residents and a visual screen to Cooroy Noosa Road.
              2.6. Noise attenuation measures must be incorporated into the building design
                   to mitigate traffic noise impacts from Cooroy Noosa Road. The design
                   criteria for the development must be 63dB(A)L10(18hours)
              2.7. Deleted
        26.   All works must be constructed and work procedures undertaken in accordance
              with:
              a.   The approved plans, the approved amended plans and the conditions
                   detailed in this Decision Notice.
              b.   The document ‘Proposed Cartwright Village Extension – Carramar, Noosa
                   Care Integrated Water Management Plan Version 2 by Callaghan & Toth
                   dated September 2018.
              c.   The document ‘Noosa Care Inc Cartwright Village Extension Carramar,
                   Cooroy Noosa Road, Tewantin Preliminary Design of Stormwater
                   Detention Volume’ by BSM dated 21 December 2017.
              d.   The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24
                   July 2017.
              e.   The Addendum Letter by Cardno (document number WE17064) dated 23
                   March 2018.
              f.   The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01)
                   dated 27 September 2018.
              g.   A minimum Finished Floor Level (FFL) of the Aged Care Facility and any
                   associated facilities at 8.80m AHD.
              h.   A minimum Finished Floor Level (FFL) of the Independent Living Units of
                   8.80m AHD.
              i.   All relevant Noosa Council Planning Scheme Policies, standard drawings,
                   standard specifications and guidelines are to be adhered to.
        27.   An easement for drainage purposes must be registered against the titles of the
              properties in favour of Council over the land area identified as being external to
              the area to be dedicated as Environmental Park and below the post development
              1% AEP flood level on the subject site from flooding sources external to the site
              (excluding proposed structures). The easement width must be in accordance with
              Noosa Council’s Development Design Planning Scheme Policies. The easement
              must be granted at no cost to Noosa Council. The wording of the easement
              documentation must be in accordance with Council’s Standard Easement
              document.

                                                                                  Page 7 of 47

Section 8

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018


            36.   Prior to obtaining a Development Permit for Operational Works the land area
                  identified as being to the east of the proposed wetland fence on Middap
                  Architecture Pty Ltd - Plan MCU. 02A. (Proposed Lower Level Plan August 2018)
                  be dedicated to Council in fee simple on trust for the purpose of an Environmental
                  Park.
            The land to be dedicated is “non-trunk infrastructure” for the purposes of the Planning
                  Act 2016.
            39.   A permanent fence must be constructed along the interface of the development
                  site with the land area to be dedicated. The fence must be constructed in
                  accordance with an Operational Works approval and must be to the following
                  specifications:
                  a.    2.1 metre high
                  b.    Pool fence with vertical bars at 100mm centres (or similar)
                  c.    Educational signage for wetlands protection.
      C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                          Carried.


5     MCU18 0102 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
      VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 16 MARY
      STREET, NOOSAVILLE
      Committee Recommendation
      Moved:          Cr Glasgow
      Seconded:       Cr Jackson
      That Planning & Environment Committee Agenda Item 5 be referred to the General
      Committee due to the significance of the issue.
                                                                             Carried.
Cr Wellington left the meeting.



6     ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 1ST
      QUARTER 2018-19
      Committee Recommendation
      Moved:            Cr Jackson
      Seconded:         Cr Glasgow
      That Council note the report by the Director Environment and Sustainable Development to
      the Planning and Environment Committee Meeting dated 6 November 2018 providing an
      update on operations of the Environment and Sustainable Development Department for the
      period 1 July to 30 September 2018.
                                                                                     Carried.



Recommendation

The Planning & Environment Committee recommendations dated 6 November 2018 be adopted
except where dealt with or held over by separate resolution.



                                                                                      Page 8 of 47

Section 9

ORDINARY MEETING AGENDA                                                       15 NOVEMBER 2018


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
6 NOVEMBER 2018 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington
& Frank Wilkie
Other Councillors in attendance: Crs. Ingrid Jackson and Brian Stockwell


1    1718T043 PREFERRED SUPPLIER ARRANGEMENT FOR THE HIRE OF PLANT &
     OPERATORS
     Committee Recommendation
     Moved:        Cr Pardon
     Seconded:     Cr Wilkie
     That Council note the report by the Civil Operations Manager to the Services & Organisation
     Committee Meeting dated 6 November 2018 and:
     A.    Award the contractors listed in Table 1 within the report as preferred suppliers for plant
           and operator hire pursuant to tender 1718T143; and
     B.    Award the contract for an initial term of up to two (2) years, with an option to extend
           the arrangement for up to three (3) x twelve (12) month periods.
                                                                                            Carried.

2    NOOSA SPIT SHORELINE EROSION INVESTIGATION - SHORELINE EROSION
     MANAGEMENT PLAN
     Committee Recommendation
     Moved:        Cr Pardon
     Seconded:     Cr Wilkie
     That Services & Organisation Committee Agenda Item 2 be referred to the General
     Committee for further consideration.
                                                                                            Carried.

3    2018 ANNUAL DISASTER AND RECOVERY MANAGEMENT REPORT
     Committee Recommendation
     Moved:        Cr Wilkie
     Seconded:     Cr Pardon
     That Council note the report by the Project Officer, Disaster Management and Special
     Projects to the Services & Organisation Committee Meeting dated 6 November 2018
     providing an update on disaster and recovery management activities and thank the members
     of and advisors to the Noosa Local Disaster Management Group for their participation.
                                                                                            Carried.

4    REFUGEE WELCOME ZONE
     Committee Recommendation
     Moved:        Cr Wellington
     Seconded:     Cr Pardon
     That Services & Organisation Committee Agenda Item 4 be referred to the General
     Committee due to the significance of the issue.
                                                                                            Carried.

                                                                                       Page 9 of 47

Section 10

ORDINARY MEETING AGENDA                                                                      15 NOVEMBER 2018


5                        ANNUAL REPORT 2017/18
                         Committee Recommendation
                         Moved:           Cr Wilkie
                         Seconded:        Cr Pardon
                         That Services & Organisation Committee Agenda Item 5 be referred to the General
                         Committee due to the significance of the issue.
                                                                                                 Carried.

6                        EXECUTIVE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
DOCUMENT INFORM AT ION




                         Committee Recommendation
                         Moved:           Cr Wilkie
                         Seconded:        Cr Pardon
                         That Council note the report by the Director Executive Services to the Services &
                         Organisation Committee Meeting dated 6 November 2018 providing an update on operations
                         of the Executive Services Department for the period 1 July to 30 September 2018.
                                                                                                          Carried.

7                        CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
                         Committee Recommendation
                         Moved:           Cr Wilkie
                         Seconded:        Cr Pardon
                         That Council note the report by the Director Corporate Services to the Services &
                         Organisation Committee Meeting dated 6 November 2018 providing an update on operations
                         of the Corporate Services Department for the period 1 July to 30 September 2018.
                                                                                                          Carried.

8                        INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
                         Committee Recommendation
                         Moved:           Cr Pardon
                         Seconded:        Cr Wilkie
                         That Council note the report by the Director Infrastructure Services to the Services &
                         Organisation Committee Meeting dated 6 November 2018 providing an update on operations
                         of the Infrastructure Services Department for the period 1 July to 30 September 2018.
                                                                                                           Carried.

9                        COMMUNITY SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
                         Committee Recommendation
                         Moved:        Cr Wilkie
                         Seconded:     Cr Pardon
                         That Council note the report by the Director Community Services to the Services &
                         Organisation Committee meeting dated 6 November 2018 providing an update on the
                         operations of the Community Services Department for the period 1 July to 30 September
                         2018.
                                                                                                       Carried.



                                                                                                    Page 10 of 47

Section 11

ORDINARY MEETING AGENDA                                                  15 NOVEMBER 2018


10   OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2018-19
     Committee Recommendation
     Moved:           Cr Wellington
     Seconded:        Cr Wilkie
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 6 November 2018 providing an update on progress with the
     implementation of the Operational Plan to 30 September 2018 and details of Council’s Key
     Performance Indicators.
                                                                                      Carried.




Recommendation

The Services & Organisation Committee recommendations dated 6 November 2018 be adopted
except where dealt with or held over by separate resolution.




                                                                                Page 11 of 47

Section 12

ORDINARY MEETING AGENDA                                                    15 NOVEMBER 2018


GENERAL COMMITTEE RECOMMENDATIONS
12 NOVEMBER 2018 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe
Jurisevic, Frank Pardon and Brian Stockwell, Tony Wellington

1   MCU18/0102 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
    VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 16 MARY
    STREET, NOOSAVILLE
    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Jurisevic
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0102 for a
    Development Permit for Material Change of Use - Visitor Accommodation - Type 4
    Conventional (122 beds) situated at 14-16 Mary Street Noosaville and defer consideration of
    the matter to the Ordinary Meeting dated 15 November to allow staff to bring forward a further
    report with amended conditions of approval to include conditions which approve the height
    of the building as proposed by the applicant, allow operation of the internal pool and café
    area until 10pm at night, that condition the operation to install a sound monitoring system
    and 24hr onsite management to maintain statutory requirements in terms of noise nuisance
    and allow Council the opportunity to review compliance of that noise condition in 12 months,
    and reduce the extent of acoustic fencing.
                                                                                         Carried.

2   NOOSA SPIT SHORELINE EROSION INVESTIGATION - SHORELINE EROSION
    MANAGEMENT PLAN
    Moved:           Cr Stockwell
    Seconded:        Cr Wellington
    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore
    to the Services & Organisation Committee Meeting dated 6 November 2018 and support the
    completion of a Shoreline Erosion Management Plan for Noosa Spit and Noosa Main Beach
    subject to funding being provided in Budget Review 2.
    Amendment
    Moved:           Cr Pardon
    Seconded:        Cr Jurisevic
    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore
    to the Services & Organisation Committee Meeting dated 6 November 2018 and support the
    urgent completion of a Shoreline Erosion Management Plan for Noosa Spit and Noosa Main
    Beach subject to funding being provided in Budget Review 2.
                                                                                     Carried.
    Committee Recommendation
    Moved:          Cr Stockwell
    Seconded:       Cr Wellington
    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore
    to the Services & Organisation Committee Meeting dated 6 November 2018 and support the
    urgent completion of a Shoreline Erosion Management Plan for Noosa Spit and Noosa Main
    Beach subject to funding being provided in Budget Review 2.
                                                                                     Carried.



                                                                                   Page 12 of 47

Section 13

ORDINARY MEETING AGENDA                                                                     15 NOVEMBER 2018


3                      REFUGEE WELCOME ZONE
                       Committee Recommendation
                       Moved:           Cr Wellington
                       Seconded:        Cr Jackson
                       That Council note the report by the Community Development Manager to the Services &
                       Organisation Committee Meeting dated 6 November 2018 and agree to declare Noosa Shire
                       as a Refugee Welcome Zone by signing The Refugee Council of Australia’s Refugee
                       Welcome Zone Declaration.
                                                                                                    Carried.




4                      ANNUAL REPORT
                       Committee Recommendation
                       Moved:           Cr Wellington
                       Seconded:        Cr Glasgow
                       That Council note the report by the Director Executive Services to the Services &
                       Organisation Committee Meeting dated 6 November 2018 and:
                       A.   Adopt the ‘2017/18 Annual Report’ (provided at Attachment 1 to the report)
                            incorporating the 2017/18 Audited Financial Statements; and
                       B.   Authorise the Chief Executive Officer to make any required minor amendments to the
                            document prior to publication.
                                                                                                     Carried.




5                      FURTHER REPORT MCU18/0094 DEVELOPMENT APPLICATION FOR MATERIAL
                       CHANGE OF USE, MULTIPLE HOUSING TYPE 4 (4 DWELLING UNITS), 15 GARNET
                       STREET, COOROY
DOMENT INFORM AT ION




                       Committee Recommendation
                       Moved:          Cr Jurisevic
                       Seconded:       Cr Stockwell
                       That Council note the further report by the Development Planner to the General Committee
                       Meeting dated 12 November 2018 regarding Application No. MCU18/0094 for a
                       Development Permit for Material Change of Use for Multiple Housing - Type 4 Conventional.
                       (4 Dwelling Units) situated at 15 Garnet St, Cooroy and approve the application in
                       accordance with following the conditions:
                       PLANNING
                       When Conditions must be Complied With
                       1.   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
                       2.   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.


                                                                                                    Page 13 of 47

Section 14

ORDINARY MEETING AGENDA                                                            15 NOVEMBER 2018


         Plan No.   Rev.    Plan/Document Name                                         Date
         A10        G       Ground – Site Plan, drawn by Morriarchi Architecture       29 October 2018

         A11        F       Level 1 – Roof – Site Plan, drawn by Morriarchi            29 October 2018
                            Architecture
         A12        C       Townhouse Type A (3 bed) – Floor Plans, drawn by           3 July 2018
                            Morriarchi Architecture
         A13        C       Townhouse Type B (2 bed) – Floor Plans, drawn by           3 July 2018
                            Morriarchi Architecture
         A14        B       Landscape Plan, drawn by Morriarchi Architecture           29 October 2018
         A20        F       Elevations, drawn by Morriarchi Architecture               30 October 2018
         A30        F       Sections, drawn by Morriarchi Architecture                 29 October 2018
         A80        G       Perspective Images, drawn by Morriarchi Architecture       30 October 2018
         A81        B       Finishes                                                   30 October 2018

    Nature and Extent of Approved Use
    3.      This approval is for 1 x 3 bedroom unit and 3 x 2 bedroom units. The TV/Study room
            is not permitted to be fully enclosed for use as a bedroom.
    Building Height
    4.      The maximum height of the development must not exceed 8 metres above the finished
            ground level and the natural ground level.
    Performance Bond
    5.      Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
            must be submitted to Council, to secure performance of all conditions of this approval,
            prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
            performance of the conditions of approval less any costs incurred by Council in respect
            of enforcing performance of this permit. Council reserves the right to call upon the bond
            or guaranteed sum to effect compliance with conditions.
    Street Identification
    6.      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.
    Building Appearance
    7.      All air conditioning units or other mechanical equipment must be located at ground
            level, or otherwise fully enclosed or screened such that they are not visible from the
            street frontages nor adjoining properties.
    Fencing and Walls
    8.      Any street fencing must be set back an average of 1 metre from the front property
            boundary. Any fencing on the front boundary must either:
            a.      not exceed a maximum height of 1.2m
            b.      be of open construction.
    9.      The area of land between the fence and the front property boundary must be densely
            landscaped to screen any fencing from the street.
    Clothes Drying Areas
    10.     Each dwelling unit must be provided with access to an outdoor clothes line which is
            screened from public view.


                                                                                        Page 14 of 47

Section 15

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


    Protection of Privacy
    11.   To ensure privacy is protected between adjoining properties, the windows located on
          the upper western building face of the building must either:
          a.   have a minimum window sill height or 1.5 metres above floor level;
          b.   be fitted with translucent glazing;
          c.   be fitted with a fixed external screen.
    12.   Any proposed Community Management Statement required for the development
          pursuant to the Body Corporate and Community Management Act 1997 must be
          submitted to Council for endorsement at the same time as submission of the Building
          Format Plan (or similar) to Council for compliance assessment.
    13.   All clauses and by-laws of the proposed Community Management Statement must
          accord with the requirements of this Decision Notice.
    Retention of mango tree
    14.   The existing mango tree located in the north eastern corner on the site must be
          retained.
    15.   An Arborist Report (or part thereof) prepared by a qualified person* and endorsed
          through an Operational Works approval must provide recommendations for the design
          of civil works, including retaining walls, to accommodate the retention of the Mango
          tree.
    16.   The Mango tree identified for retention in the conditions of this approval must be
          maintained in good health during construction and operational use for the expected life
          of the tree.
          *(Refer to Advisory Note)
    Landscaping Works
    17.   The development site must be landscaped. The works must be undertaken in
          accordance with an Operational Works approval and the Noosa Plan Planning Scheme
          Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
          a.   The works shown on the approved Landscape Concept Plan using predominately
               local native species;
          b.   The provision of 6 x 100L local native street trees to the road frontages suitable
               for the location and sight lines.
          c.   Retention of the mango tree within the north eastern corner of the lot within a
               mulched garden setting.
    18.   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.
    19.   All landscape works must be maintained generally in accordance with the approved
          design for the life of the development.
    ENGINEERING
    External Works
    20.   A 2.0m wide concrete footpath must be provided within the road verge for the entire
          length of the frontage of the site to Wattle Street. The path must generally match with
          the existing grassed verge without causing a trip hazard. The works must be
          undertaken in accordance with an Operational Works approval and must
          include/address the following:

                                                                                  Page 15 of 47

Section 16

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


          a.   Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway
               Construction Details;
          b.   Be extended to smoothly tapered and join with the existing path along Garnet
               Street.
    Reinstatement Works
    21.   Any redundant driveway and/or kerb layback must be removed, and the kerb line and
          verge area reinstated and landscaped to match the existing kerb and/or verge
          treatments. Grassed verge areas to be reinstated must be provided with 100 mm
          topsoil and turf, and must be maintained by the developer until established.
    22.   Any redundant private pathway to the property must be removed, and verge area
          reinstated and landscaped to match the verge treatments.
    23.   Any damaged kerb and channel along the frontage of the site must be repaired to the
          reasonable satisfaction of Council’s representative.
    Site Access and Driveways
    24.   A sealed access driveway must be provided from Garnet 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:
          a.   Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and
               R-050 to grades prevent vehicles from scraping and/or bottoming whilst also
               allowing for compliant grades for the footpath and pedestrians movements along
               the footpath and the grassed verge without any step or trip hazard.
    Car Parking
    25.   Car parking must be provided within the site generally as shown on the approved plans.
          The works must be undertaken in accordance with an Operational Works approval and
          must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for
          standard vehicle to enter and leave the site in a forward gear and with a minimum head
          clearance (headroom) at any point of 2.2m.
    26.   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.
    Stormwater Drainage
    27.   The site must be provided with a stormwater drainage system connecting to a lawful
          point/s of discharge in Garnet Street and/or Wattle Street. The works must be
          undertaken in accordance with an Operational Works approval in compliance with the
          relevant sections of Queensland Urban Drainage Manual and supported by a detailed
          stormwater drainage design prepared and certified by a suitably qualified and
          experienced Registered Professional Civil Engineer (RPEQ).
    28.   The development of the site must not worsen existing drainage conditions on other
          properties by diverting stormwater runoff or cause additional stormwater ponding on
          any other property.
    29.   Stormwater runoff from the development must be disposed of on-site without causing
          scour or damage to the subject site or any adjoining property.
    Earthworks and Retaining Walls
    30.   All earthworks must be carried out in compliance with an Operational Works
          Development Permit.
    31.   All earthworks and associated batters/retaining walls must be contained entirely within
          the subject site unless written permission from the respective landowner(s) is provided
          to Council.

                                                                                  Page 16 of 47

Section 17

ORDINARY MEETING AGENDA                                                                           15 NOVEMBER 2018


                         32.   All earthworks must be undertaken in accordance with the provisions of Australian
                               Standard AS3798: Guidelines on Earthworks for Commercial and Residential
                               Developments, Council’s codes and relevant government regulations and guidelines.
                               Certification must be provided by an RPEQ and submitted to Council prior to the issue
                               of the Certificate of Classification for the building.
                         33.   The development works must not adversely impact on the stability of the subject site,
                               any other property or private/ public structure and the long term health of the existing
                               mango tree as shown on the landscape plan A14 Rev B.
                         34.   Earthworks and development works carried out on site must not affect the structural
                               integrity of any of the existing fences or structures that border the site. Fences that are
                               affected shall be replaced prior to the Building Certifier issuing the Certificate of
                               Classification.
                         Telecommunication Services
                         35.   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.
                                                                                                          Carried.


6                        132007.2446.03 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
                         CHANGE OF USE FOR VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL
                         (HOSTEL ACCOMMODATION) AT 102 AND 106 PACIFIC AVENUE SUNSHINE BEACH
DOCUMENT INFORM AT ION




                         Committee Recommendation
                         Moved:              Cr Jurisevic
                         Seconded:           Cr Pardon
                         That Council note the report by the Coordinator Planning to the General Committee Meeting
                         dated 12 November 2018 regarding Application No. 132007.2446.03 to make a change to
                         an existing approval for Material Change of Use for Visitor Accommodation Type 4
                         Conventional (Hostel Accommodation) - additional 21 beds situated at 102 and 106 Pacific
                         Ave, Sunshine Beach and:
                         A.    Approve the change.
                         B.    Include the following additional conditions:
                               When Conditions must be Complied With
                               64.   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
                               65.   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
                                18101-01    P       Site Plan, by PJ concepts and design                  09.07.2018
                                18101-02    P       Landscape Plan, by PJ concepts and design             09.07.2018
                                18101-03    P       Floor Plan – Lot 106, by PJ concepts and design       09.07.2018
                                18101-04    P       Elevations –Sheet 1, by PJ concepts and design        09.07.2018
                                                    Noise barrier plan



                                                                                                          Page 17 of 47

Section 18

ORDINARY MEETING AGENDA                                                 15 NOVEMBER 2018


        Nature and Extent of Approved Use
        66.   An additional 21 beds are approved for the Visitor Accommodation Type 4 –
              Conventional (visitor hostel). The total number of beds approved are 69 and one
              manager’s unit.
        67.   The approved accommodation units must be used for short term visitors only.
              The approved units must not be occupied by persons for the purpose of
              permanent accommodation.
        68.   Amplified music must not be audible at the boundaries of the site between 10pm
              and 7am.
        Landscaping
        69.   The development site must be landscaped. The works must be undertaken in
              accordance with an Operational Works approval, the Planning Scheme Policy 3
              Landscaping Plants and Guidelines for Sunshine Beach and must include in
              particular:
              a.   the works generally shown on the approved site plan including:
                   i.     A minimum 1.0 metre wide landscaping strip along the northern side
                          boundary of the subject site, exclusive of the access driveway,
                          generally uncompromised by infrastructure items designed such that
                          vegetated screening will be provided within 3 years of the plantings
                          occurring.
                   ii.    A minimum 2.0 metre wide landscaping strip along the full extent of
                          the eastern boundary designed such that vegetated screening will be
                          provided within 3 years of the plantings occurring.
                   iii.   Vegetated screening of any electrical transformers, bin storage areas
                          and the like from the road frontage
                   iv.    Provision of 1 street tree within the road reserve for every 8 metres
                          of road frontage including landscaping to the crossover works
                   v.     Trees on the northern boundary must be retained to provide visual
                          screening of the development. Where civil works impact on the
                          capacity to retain the tree, the tree may be removed and replaced
                          with a tree of a minimum pot sized 100 litres.
        70.   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.
        Performance Bond
        71.   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.
        Water & Sewer Connections
        72.   An underground connection to reticulated water and sewerage must be provided
              to the development site in accordance with the standards and requirements of
              Northern SEQ Distributor–Retailer Authority (Unitywater).


                                                                                Page 18 of 47

Section 19

ORDINARY MEETING AGENDA                                                  15 NOVEMBER 2018


        73.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
              (Unitywater) must be submitted to Council that certifies an underground
              connection to reticulated water and sewerage has been provided to the
              development site.
        Building Appearance
        74.   All air conditioning units or other mechanical equipment must be located at
              ground level, or otherwise fully enclosed or screened such that they are not
              visible from the street frontages nor adjoining properties.
        75.   All deck and balcony areas above ground floor must not be enclosed by
              permanent fixtures such as shutters, louvres, glass panelling or the like, except
              where required to satisfy any privacy condition of this Decision Notice.
        Advertising Devices
        76.   Advertising devices must comply with the requirements of the Advertising
              Devices Code.
        77.   Construction signage, including that on hoardings, shade cloth and cranes but
              not including statutory safety signage, shall not exceed a total of 4m2 to each of
              the site’s street frontages.
        Fencing and Walls
        78.   Any street fencing must be setback an average of 1 metre from the front property
              boundary. Any fencing on the front boundary must either:
              a.   not exceed a maximum height of 1.2m
              b.   be of open construction.
        79.   The area of land between the fence and the front property boundary must be
              densely landscaped to screen any fencing from the street.
        Clothes Drying Areas
        80.   Each rooming unit must be provided with access to an outdoor clothes line which
              is screened from public view.
        Protection of Privacy
        81.   To ensure privacy is protected between adjoining properties, any window/s, deck
              or the like that overlooks or has the potential to overlook the private open space
              or habitable room windows of neighbouring properties must either:
              a.   have a minimum window sill height or 1.5 metres above floor level
              b.   be fitted with translucent glazing
              c.   be fitted with a fixed external screen
        Communal Recreation Areas
        82.   Communal recreation area/s must be provided as shown on the approved plans.
        Amalgamation of Lots
        83.   Lot 164 on RP 94566 and Lot 163 on RP 897370 must be amalgamated prior to
              the commencement of use.
        ENVIRONMENTAL HEALTH
        Amenity
        84.   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, air-borne hazards, atmospheric pollutants
              (including dust or odours) nuisance or any other emissions in accordance with
              the nuisance provisions of the Environmental Protection Act 1994.

                                                                                 Page 19 of 47

Section 20

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


        Noise Nuisance
        85.   Noise emission from mechanical equipment shall comply with the following
              requirements:
              a.    Air-conditioning and Refrigeration
                    i.     7am to 10pm: Maximum background + 5dB(A)
                    ii.    10pm to 7am: Maximum background + 3dB(A)
              b.    Pumps
                    i.     7am to 7pm: Maximum background + 5dB(A)
                    ii.    7pm to 10pm: Maximum background + 3dB(A)
                    iii.   10pm to 7am: No audible noise.
        86.   Submission of written certification from a suitably qualified person confirming that
              the noise levels from all mechanical equipment comply 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. All equipment should be operating at the same time to test the overall
              noise level created.
        87.   Entertainers or speakers used to amplify noise must not be located in any of the
              outdoor recreational areas.
        88.   Prior to the use of the building situated at 106 Pacific Avenue for the purpose of
              visitor accommodation noise barrier fencing must be erected in accordance with
              the approved Noise barrier plan.
        89.   Between the hours of 9pm to midnight the night manager must have the reception
              phone with them. From midnight the phone must be diverted to a security team
              response number.
        90.   The courtyard of the manager’s unit situated at 106 Pacific Avenue must not be
              used between the hours of 9.00pm and 6.00am.
        91.   The pool and associated deck area must not be used between the hours of
              9.00pm and 7.00am.
        Outdoor Lighting Devices
        92.   Lighting associated with the use must be designed, sited, installed and tested to
              comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
              obtrusive effects of outdoor lighting” using a control level of 1.
        93.   Certification must be submitted to Council from a qualified person which certifies
              that all outdoor lighting devices comply with the requirements of this Decision
              Notice at the time of commissioning.
              For the purpose of certifying outdoor lighting devices for the development, a
              qualified person is:
              a.    Registered Professional Engineer of Queensland;
              b.    an environmental or electrical design consultant with a minimum of 3 years
                    current experience in the field of outdoor lighting.
        WASTE
        94.   The developer must provide waste storage and disposal facilities in accordance
              with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and

                                                                                  Page 20 of 47

Section 21

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


              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. This can be achieved with a nib wall 50mm high and up
              to 700mm x 700mm wide (max 0.5m2) , or alternatively the waste area can be
              roofed, or any other design approved by Council.
        95.   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.
        96.   Bins must be provided throughout the site to reduce littering. All bins provided
              must be for refuse and recycling and be decanted into the bulk bins by the site
              operators.
        ENGINEERING
        Site Access and Driveways
        97.   A sealed access driveway must be provided from Pacific Avenue to all parking
              and manoeuvring areas of the development. The new works proposed to access
              No 106 must be undertaken in accordance with an Operational Works approval
              and must include in particular:
              a.    a driveway crossover generally in accordance with Council’s Standard
                    Drawings RS-051 and the associated addendum
              b.    the works must match neatly with existing road and verge/footpath
                    features. Additional works beyond the driveway may be required to provide
                    an acceptable transition to existing road and verge/footpath profiles
        Car Parking
        98.   A minimum of an additional 2 car parking spaces must be provided and marked
              on the site. The works must include dimensions, crossfalls and gradients in
              accordance with Australian Standard AS2890: Parking Facilities for the relevant
              user class
        99.   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.
        100. Directional signage must be provided to direct visitors and customers to the car
             parking spaces provided on site.
        Pedestrian and Bicycle Facilities
        101. 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 the replacement of the existing bitumen sealed
             path in the frontage of No. 106 Pacific Avenue with a concrete path and must
             extend to the existing driveway in the frontage of 108 Pacific Avenue. The new
             path must be the same width as the existing path.
        Stormwater Drainage
        102. Stormwater runoff from the development must be connected to the existing
             stormwater drainage systems within the sites.
        Damage to Services and Assets
        103. 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:

                                                                                 Page 21 of 47

Section 22

ORDINARY MEETING AGENDA                                                                       15 NOVEMBER 2018


                                    a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                                          immediately; or
                                    b.    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.
                         C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                                            Carried.




7                        FINANCIAL PERFORMANCE REPORT - OCTOBER 2018
DOCUMENT INFORM AT ION




                         Committee Recommendation
                         Moved:             Cr Stockwell
                         Seconded:          Cr Glasgow
                         That Council note the report by the Manager Financial Services to the General Committee
                         Meeting dated 12 November 2018 outlining October 2018 year to date financial performance
                         against budget.
                                                                                                          Carried.




8                        BUDGET REVIEW 2 (BR2) FOR THE 2018/19 FINANCIAL YEAR
DOCUMENT INFORM AT ION




                         Committee Recommendation
                         Moved:             Cr Glasgow
                         Seconded:          Cr Pardon
                         That Council note the report by the Manager Financial Services to the General Committee
                         Meeting dated 12 November 2018 and approve the proposed changes to the budget for the
                         2018/19 financial year as outlined in the Revised Budget Financial Statements attached to
                         the report.
                                                                                                          Carried.




Recommendation

The General Committee recommendations dated 12 November 2018 be adopted except where
dealt with or held over by separate resolution.




                                                                                                      Page 22 of 47

Section 23

ORDINARY MEETING AGENDA                                                                          15 NOVEMBER 2018


7                        ORDINARY MEETING REPORTS

1                        FURTHER REPORT MCU18/0102 DEVELOPMENT APPLICATION FOR MATERIAL
                         CHANGE OF USE VISITOR ACCOMMODATION TYPE 4 (122 BEDS), 14–16 MARY
                         STREET, NOOSAVILLE
Document i nformati on




Author                              Coordinator Planning, Patrick Murphy
                                    Environment and Sustainable Development Department

Index                               ECM/Application/MCU18/0102

Attachments                         Nil


RECOMMENDATION
That Council note report by the Development Planner to the Planning and Environment Committee
dated 6 November 2018 and the further report to the Ordinary Meeting dated 15 November 2018
regarding Application No. MCU18/0102 for a Development Permit for Material Change of Use for
Visitor Accommodation - Type 4 Conventional (122 beds) situated at 14–16 Mary Street, Noosaville
and
A.                       Approve the application in accordance with following the conditions:

                         PLANNING
                              When Conditions must be Complied With
                         1.   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
                         2.   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       Rev.   Plan/Document Name                                    Date
                               No.
                               A.01       B      Site Plan, by Zest Building Design                    31.07.2018
                               A.02       B      Basement Floor Plan, by Zest Building Design          31.07.2018
                               A.04       B      Floor Plan – Level 2, by Zest Building Design         31.07.2018
                               A.05              Dimensional Plan – Level 1, by Zest Building Design
                               A.06              Dimensional Plan – Level 2, by Zest Building Design
                               A.07       B      Elevations, by Zest Building Design                   31.07.2018
                               A.08       B      Elevations, by Zest Building Design                   31.07.2018
                               A.09       B      Building Sections, by Zest Building Design            31.07.2018
                               A.015      A      Roof Plan, by Zest Building Design                    31.07.2018
                         3.   Development authorised by this approval must be undertaken generally in accordance
                              with the Approved Plans listed within this Decision Notice. The Approved Plans must
                              be amended to incorporate the amendments listed within this Decision Notice and
                              resubmitted to Council prior to the issue of any Development Permit for Operational
                              Works*
                              a.    The southern pavilion must be reduced in height so that the main entry roof does
                                    not exceed 8.80 metres above both finished and natural ground levels.




                                                                                                        Page 23 of 47

Section 24

ORDINARY MEETING AGENDA                                                        15 NOVEMBER 2018


           b.    With the exception of the main entry roof of the southern pavilion the maximum
                 height of the development must not exceed 8.40 metres above finished and
                 natural ground level.
           c.    A minimum 600mm eaves must be provided to the full extent of all buildings.
           d.    The northern elevation must include variation of colours and materials to
                 provided increased articulation.
           e.    The length of the 2.0 metre acoustic fence on the western boundary must be
                 extended for the full length of the western boundary. A 2.0 metre high acoustic
                 fence must be installed for the full length of the northern boundary. All acoustic
                 fencing must be constructed to a minimum of 10kg/m2.
           f.    Windows to guest rooms on the upper level of the western and northern
                 elevations must achieve minimum acoustic rating Rw 32 and the rooms must be
                 provided with airconditioning/mechanical ventilation to allow internal amenity to
                 be maintained whilst windows are closed to contain noise.
           g.    All buildings must have a roof pitch of at least 5 degrees.
           h.    No retaining walls or planter beds are to be constructed in the road reserve.
          *(Refer to Advisory Note)
           Nature and Extent of Approved Use
    4.     122 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor
           hostel). The approved Gross Floor Area is 1084m2. No pavilion may exceed 300m2 of
           Gross Floor Area.
    5.     The approved accommodation units must be used for short term visitors only. The
           approved units must not be occupied by persons for the purpose of permanent
           accommodation.
    6.     The café must not operate outside the hours of 7am to 9pm.
    7.     Use of the pool/sundeck area must not occur outside of the hours of 7am to 9pm.
    8.     The café, pool and sundeck must only be available for the residents of the visitor
           accommodation use and must not permitted for use by persons not staying in the visitor
           hostel.
    9.     Service vehicle movements on the premises (including loading and unloading) must
           not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sunday
           or public holidays.
    10.    Amplified music must not be audible at or beyond the boundaries of the site between
           10pm and 7am.
    11.    A receptionist/manager must be on-site at all times.
           Building Height
    12.    The maximum height of the southern pavilion must not exceed 8.80 metres above the
           finished ground level and the natural ground level. All other pavilions must not exceed
           8.40 metres above the finished ground level and the natural ground level.
    13.    Certification must be submitted to Council from a Licensed Surveyor which certifies
           that the buildings do not exceed the maximum height requirement of this Decision
           Notice.
           Landscaping
    14.    The development site must be landscaped. The works must be undertaken in
           accordance with an Operational Works approval, the Planning Scheme Policy 3
           Landscaping Plants and Guidelines for that specific area and must include in particular:

                                                                                    Page 24 of 47

Section 25

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


          a.    the works shown on the approved site plan.
          b.    a minimum 2.0 metre wide landscaping strip along the Mary Street road frontage
                of the subject site, exclusive of the access driveway, generally uncompromised
                by infrastructure items.
          c.    A minimum 1.5 metre wide landscaping strip along the full extent of the eastern
                and western boundaries.
          d.    a 3.0 metre wide vegetated screening of northern elevation of the northern
                pavilion from the adjoining properties in Anne Street, designed such that
                vegetated screening will be provided within 3 years of the plantings occurring.
          e.    vegetated screening of the acoustic barrier adjacent to the western boundary in
                accordance with the conditions of this Decision Notice
          f.    vegetated screening of any electrical transformers, bin storage areas and the like
                from the road frontage
          g.    provision of 1 street tree within the road reserve for every 8 metres of road
                frontage
    15.   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.
          Performance Bond
    16.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
          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.
          Street Identification
    17.   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.
    18.   The building entrance or reception area must be clearly visible and identifiable from the
          street or otherwise provided with signage and lighting at strategic locations to direct
          people to the building entrance.
          Water & Sewer Connections
    19.   An underground connection to reticulated water and sewerage must be provided to the
          development site in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    20.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to the development site.
          Building Appearance
    21.   All air conditioning units or other mechanical equipment must be located at ground
          level, or otherwise fully enclosed or screened such that they are not visible from the
          street frontages nor adjoining properties.




                                                                                    Page 25 of 47

Section 26

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


    22.   All deck and balcony areas above ground floor must not be enclosed by permanent
          fixtures such as shutters, louvres, glass panelling or the like, except where required to
          satisfy any privacy condition of this Decision Notice.
          Advertising Devices
    23.   Advertising devices must comply with the requirements of the Advertising Devices
          Code.
    24.   Construction signage, including that on hoardings, shade cloth and cranes but not
          including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s
          street frontages.
          Fencing and Walls
    25.   Any street fencing must be setback an average of 1 metre from the front property
          boundary. Any fencing on the front boundary must either:
          a.    not exceed a maximum height of 1.2m
          b.    be of open construction.
    26.   The area of land between the fence and the front property boundary must be densely
          landscaped to screen any fencing from the street.
          Clothes Drying Areas
    27.   Each rooming unit must be provided with access to an outdoor clothes line which is
          screened from public view.
          Protection of Privacy
    28.   To ensure privacy is protected between adjoining properties, any window/s, deck or
          the like that overlooks or has the potential to overlook the private open space or
          habitable room windows of neighbouring properties must either:
          a.    have a minimum window sill height or 1.5 metres above floor level
          b.    be fitted with translucent glazing
          c.    be fitted with a fixed external screen
          Communal Recreation Areas
    29.   Communal recreation area/s must be provided as shown on the approved plans.
          Amalgamation of Lots
    30.   Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement of use.
          ENVIRONMENTAL HEALTH
          Amenity
    31.   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, air-borne hazards, atmospheric pollutants (including dust or
          odours) nuisance or any other emissions in accordance with the nuisance provisions
          of the Environmental Protection Act 1994.
          Noise Nuisance
    32.   Noise emission from mechanical equipment shall comply with the following
          requirements:
          a.    Air-conditioning and Refrigeration
                i.    7am to 10pm: Maximum background + 5dB(A)
                ii.   10pm to 7am: Maximum background + 3dB(A)

                                                                                    Page 26 of 47

Section 27

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018


          b.    Pumps
                i.     7am to 7pm: Maximum background + 5dB(A)
                ii.    7pm to 10pm: Maximum background + 3dB(A)
                iii.   10pm to 7am: No audible noise.
    33.   Air conditioning units and swimming pool filtration plant shall be located within the
          undercover carpark.
    34.   Kitchen exhaust points for the development must be located and operated in
          accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
          conditioning in buildings” (specifically Section 5.10 – Air Discharges).
    35.   Submission of written certification from a suitably qualified person confirming that the
          noise levels from all mechanical equipment comply 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. All equipment should be operating at the same time to test the overall noise
          level created.
    36.   Entertainers or speakers used to amplify noise must not be located in any outdoor area
          of the site including recreational areas (pool, space sundeck, and sun lounges, multi-
          purpose/flexible lounge/outside deck).
          Outdoor Lighting Devices
    37.   Lighting associated with the use must be designed, sited, installed and tested to comply
          with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
          effects of outdoor lighting” using a control level of 1.
    38.   Certification must be submitted to Council from a qualified person which certifies that
          all outdoor lighting devices comply with the requirements of this Decision Notice at the
          time of commissioning.
          For the purpose of certifying outdoor lighting devices for the development, a qualified
          person is:
          a.    Registered Professional Engineer of Queensland;
          b.    an environmental or electrical design consultant with a minimum of 3 years
                current experience in the field of outdoor lighting.
          Building Demolition/Removal/Relocation
    39.   Where the development involves the removal, relocation or demolition of a building, a
          Waste Management Plan (construction and demolition) in accordance with Planning
          Scheme Policy 11, Waste Management Plans must be submitted and approved by
          Council’s Environmental Health Officer prior to issue of a development permit for
          operational works for demolition, removal or relocation of any building other than a
          shed.
          The purpose of the Waste Management Plan is to facilitate the segregation of waste
          for the effective reuse and recycling of such materials. Segregated wastes attract
          significantly reduced disposal fees at the landfill with some items free. Higher gate fees
          are charged for mixed waste.
          Waste storage areas must provide adequate separation of all reusable, recyclable and
          waste materials. These must be located so that they are convenient and safe to use.
          The Plan must contain the following information:



                                                                                    Page 27 of 47

Section 28

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018


          a.     The site area for the storage and separation of waste is to be shown on the plan
                 drawings accompanying the application.
          b.     A waste management table as indicated below is to be completed showing how
                 waste material is to be segregated - recycled – reused or disposed.
          c.     Table – Waste Management Table
               MATERIALS ON-SITE                             DESTINATION
                                                Re-use and Recycling                  Disposal
           Expected       Estimated    On-site            Off-site               *specify contractor
           waste          volume(m³)   *specify proposed *specify contractor     and landfill site or
           materials                   re-use or on-site  and recycling outlet   other disposal site
                                       recycling methods
           Excavation
           material
           Green waste
           Bricks
           Concrete
           Timber-
           please
           specify
           Plasterboard
           Metals -
           please
           specify
           Asbestos
           Other -
           please
           specify
          Note * If a demolition contractor is undertaking works, then the Waste Management
          table is to be completed by the demolition contractor.
          WASTE
    40.   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. This can be achieved
          with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or
          alternatively the waste area can be roofed, or any other design approved by Council.
    41.   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.
    42.   Bins must be provided throughout the site to reduce littering. All bins provided must be
          for refuse and recycling and be decanted into the bulk bins by the site operators.
          ENGINEERING
          Site Specific Conditions
    43.   The proposed flood barrier must be of a design that is activated by the rising flood
          levels and the associated hydraulic differential to raise and lower the barrier. The
          barrier must not require a power supply or human intervention. The barrier must be
          maintained by the property owner in accordance with the manufacturer’s specifications.
          The works must be undertaken in accordance with an Operational Works approval and
          must include in particular:

                                                                                      Page 28 of 47

Section 29

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


          a.    Certification from a Registered Professional Engineer of Queensland (RPEQ)
                that states that the design of the barrier is suitable for its intended use.
    44.   The development must include an internal stairwell connecting the basement level to
          the upper floor. The stairwell must be located and constructed to provide an escape
          route for people to evacuate the basement in the event the barrier and/or pump system
          fails. Plans submitted as part of any subsequent operational works and building permit
          must clearly indicate the stairwell.
          External Works
    45.   Mary Street must be upgraded for the length of its frontage to the subject site. The
          works must be generally in accordance with drawing number 17699-SK100 Revision
          A prepared by TOD Engineers and Project Managers dated 17 August 2018. The works
          must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          a.    construction of new kerb and channelling offset 7.5m (3.5m lane and 4m of cycle
                lane/parallel parking) from the northern side of the existing landscaped median;
          b.    suitable transitions from the new kerb line to join with the existing kerb at the
                western and eastern end;
          c.    landscaping of the verge area;
          d.    construction of a pedestrian footpath in accordance with the conditions of this
                Decision Notice;
          e.    removal of the existing property accesses and reinstatement of the kerb, footpath
                and verge area to match the balance of the site frontage, including the provision
                of topsoil and turf where the existing verge is grassed.
          Condition 45 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.
          Site Access and Driveways
          46.   A sealed access driveway must be provided from Mary 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:
                a.   driveway crossovers generally in accordance with Council’s Standard
                     Drawing Number RS-051 and any associated addendum.
                b.   suitable safety measures, including warning signage, to improve driver
                     awareness of the flood barrier, service vehicles and pedestrians and to
                     enhance driver and pedestrian safety. Warning signage must be provided
                     near the exit ramp from the underground parking area and the
                     guest/service area to warn motorists of pedestrian movement along the
                     frontage street.
          Car Parking
          47.   A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space, 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:
                a.   13 customer parking spaces (including 4 scooter spaces) within the total,
                     which are clearly marked for that purpose and accessible at all times for
                     visitor use.
                b.   3 staff parking spaces within the total, which are clearly marked for that
                     purpose.


                                                                                  Page 29 of 47

Section 30

ORDINARY MEETING AGENDA                                                    15 NOVEMBER 2018


              c.    1 courtesy bus space within the total.
              d.    2 disabled parking space/s within the total.
              e.    dimensions, crossfalls and gradients in accordance with Australian
                    Standard AS2890: Parking Facilities.
              f.    Provision of 20 bicycle parking spaces.
        48.   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.
        49.   Directional signage must be provided to direct visitors and customers to the car
              parking spaces provided on site.
        Service Vehicles
        50.   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.
        Pedestrian and Bicycle Facilities
        51.   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:
              a.    a 2 metre wide footpath within the road verge for the entire length of the
                    site’s frontage to Mary Street.
              Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being
              necessary trunk infrastructure identified by Council’s LGIP to service the
              development.
        Stormwater Drainage
        52.   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 must include in particular:
              a.    the works shown on drawing number 17699-SK101 Revision A prepared
                    by TOD Engineers and Project Managers dated 17 August 2018, with the
                    inclusion of the following:
                    i.    The storage tank must have sufficient capacity to cater for the runoff
                          from the driveway in a 1%AEP rain event as a minimum.
                    ii.   A back up power system for the pump that is independent of the
                          mains network.
        Acid Sulfate Soils
        53.   All works must be carried out in accordance with an Acid Sulfate Soil and
              Groundwater Management Plan for the development prepared by a qualified
              person* and referenced in a Development Permit for Operational Works. The
              Acid Sulfate Soil and Groundwater Management Plan must specifically address
              how lowering of the groundwater level as a result of the works will be avoided.
              *(Refer to Advisory Note)
       54.    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.    a pH range of 6.5-8.5 pH units
              b.    50mg/L maximum total suspended solids concentration
              c.    0.3mg/L maximum total iron concentration

                                                                                   Page 30 of 47

Section 31

ORDINARY MEETING AGENDA                                                  15 NOVEMBER 2018


              d.   0.2mg/L maximum total aluminium concentration
              e.   no visible plume at either the point of release from the site or within a
                   waterway
        55.   The basement must be designed and constructed as a water excluding structure
              in accordance with Australian Standard AS3735 "Concrete Structures for
              Retaining Liquids" to ensure groundwater does not enter the basement after
              construction is completed.
        56.   All treated material must undergo verification testing at the rate of one sample
              per 250m3 throughout the duration of the excavation phase of the
              development. The verification testing must be undertaken by a qualified
              person* using the SPOCAS or Chromium Reducible Sulphur testing suite,
              and the results must be submitted to Council for appraisal.
        Electricity and Telecommunication Services
        57.   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.
        58.   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.
        Earthworks and Retaining Walls
        59.   All earthworks 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.
        60.   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.
        Preparation of a Preliminary Construction Management Plan
        61.   A preliminary Construction Management Plan must be submitted with the
              Operational Works application and must address the following:
              a.   traffic management during all aspects of the construction phase including:
                   i.     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
                   ii.    maintenance of safe pedestrian access for the areas affected by the
                          works during and after daily construction has ceased
                   iii.   proposed fencing to the site during the construction phase of the
                          development
                   iv.    approval of the Traffic Management Control Plan by the Department
                          of Transport and Main Roads (DTMR) for any works on State
                          controlled roads
                   v.     provision for worker car parking
              b.   maintenance and protection of water quality and existing drainage lines
                   through the construction site, through the implementation of appropriate
                   erosion and sediment control measures


                                                                                 Page 31 of 47

Section 32

ORDINARY MEETING AGENDA                                                       15 NOVEMBER 2018


                 c.    works programme identifying key components of the works and their
                       respective durations
                 d.    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
                 e.    identification of complaint management procedures including:
                       i.    contact details for the on-site manager
                       ii.   dispute resolution procedures
                 f.    details on the location of external fill/dump sites, the haulage route, type of
                       vehicle to be utilised during filling operations and frequency of usage. NB
                       any damage to the existing road system as a result of haulage operations
                       shall be fully repaired at the applicant’s expense
                 g.    it is acknowledged that the preliminary Construction Management Plan will
                       be a draft document requiring finalisation upon appointment of the Principal
                       Contractor employed to construct the works and a final document will be
                       required to be submitted at the Pre-Start Meeting for the project.
           Damage to Services and Assets
           62.   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:
                 a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                       immediately; or
                 b.    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.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



REPORT
A report on this application was considered by the Planning and Environment Committee on 6
November 2018 and referred to the General Committee dated 12 November 2018 where it was
subsequently deferred for consideration to the Ordinary Meeting on 15 November 2018 for further
discussion.
The recommendation from the 12 November 2018 General Committee Meeting is as follows:
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 6 November 2018 regarding Application No. MCU18/0102 for a Development Permit
for Material Change of Use - Visitor Accommodation - Type 4 Conventional (122 beds) situated at
14-16 Mary Street Noosaville and defer consideration of the matter to the Ordinary Meeting dated
15 November to allow staff to bring forward a further report with amended conditions of approval
to include conditions which approve the height of the building as proposed by the applicant, allow
operation of the internal pool and café area until 10pm at night, that condition the operation to
install a sound monitoring system and 24hr onsite management to maintain statutory requirements
in terms of noise nuisance and allow Council the opportunity to review compliance of that noise
condition in 12 months, and reduce the extent of acoustic fencing.



                                                                                      Page 32 of 47

Section 33

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018


A peer review of the applicant’s original acoustic report was undertaken after the Planning and
Environment Meeting on 6 November 2018. Due to the timing of this review the additional
information subsequently provided by the applicant was not considered.
The peer review noted that that no assessment was undertaken of guest noise associated with the
café use, the drying court, the communal kitchen/lounge area, multi-purpose/flexible lounge and
associated deck, outdoor grassed areas or the pedestrian walkways between buildings. Further to
this, the applicant’s acoustic report did not provide any hours of use associated with any of these
uses, specifically the outdoor pool area or café use.

The peer review identified that the predicted noise levels proposed by the applicant’s acoustic
consultant were considered to potentially understate the potential noise generated in the
pool/sundeck area. On this basis the peer reviewer recommended that a specific limit on hours of
use of the pool/communal outdoor areas should be imposed.

It also identified that the requirement for windows to guest rooms on the upper level of the western
and northern elevations be fixed and acoustically double glazed could be amended. The peer
review acknowledged the preferred opportunity for guests to have access to natural airflow.

A number of minor wording changes were also recommended to improve the robustness of some
conditions. The proposed wording is supported and the relevant conditions are recommended to
be amended and have been incorporated in the officer recommendation in this report.

In response to the recommendation from the General Meeting dated 12 November a further peer
review was requested with regards to additional acoustic information provided by the applicant. At
the time of writing this report a written response had not been received due to the short timeframe,
however a verbal conversation with the peer reviewer acoustic expert has occurred.

After the General Committee Meeting and during a discussion with Council’s consultant acoustic
expert it was advised that the acoustic fence should be maintained in its current form. The acoustic
expert maintained that the applicant’s assessment does not sufficiently identify all external noise
sources. Furthermore, it was advised that noise from persons inside the building also required
consideration including noise which would emit from the significant openings to the lounge and
dining areas. The consultant advised that the acoustic fence be constructed to a standard of
10kg/m2, this is considered to be a light acoustic fence which could be constructed of treated pine.
It is recommended that the existing acoustic fence condition be amended to specify this standard.

The relevant conditions in the original officer report read as follows:

Approved plans

3.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
      to incorporate the amendments listed within this Decision Notice and resubmitted to Council
      prior to the issue of any Development Permit for Operational Works*

      e.    The length of the acoustic fence on the western boundary must be extended for the full
            length of the western boundary. A 2.0 metre high acoustic fence must be installed for
            the full length of the northern boundary.

      f.    Windows to the upper level of the western and northern elevations must.be fixed and
            acoustically double glazed.

Nature and Extent of Use

6.    The café must not operate outside the hours of 7am to 7pm.

                                                                                     Page 33 of 47

Section 34

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018



7.    Use of the pool/sundeck area must not occur outside of the hours of 7am to 7pm.

10.   Amplified music must not be audible at the boundaries of the site between 10pm and 7am.

Noise Nuisance

35.   Entertainers or speakers used to amplify noise must not be located in any outdoor
      recreational areas (pool, space sundeck, and sun lounges, multi-purpose/flexible
      lounge/outside deck).

Based on the peer review it is recommended that the conditions be amended as follows:
Approved plans

3.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
      to incorporate the amendments listed within this Decision Notice and resubmitted to Council
      prior to the issue of any Development Permit for Operational Works*
      e.   The length of the 2.0 metre high acoustic fence on the western boundary must be
           extended for the full length of the western boundary. A 2.0 metre high acoustic fence
           must be installed for the full length of the northern boundary. All acoustic fencing must
           be constructed to a minimum of 10kg/m2.
      f.   Windows to guest rooms on the upper level of the western and northern elevations
           must achieve minimum acoustic rating Rw 32 and the rooms must be provided with
           airconditioning/mechanical ventilation to allow internal amenity to be maintained whilst
           windows are closed to contain noise.be fixed and acoustically double glazed.

Nature and Extent of Use

6.    The café must not operate outside the hours of 7am to 7pm9pm.

7.    Use of the pool/sundeck area must not occur outside of the hours of 7am to 7pm9pm.

10.   Amplified music must not be audible at or beyond the boundaries of the site between 10pm
      and 7am.

Noise Nuisance

35.   Entertainers or speakers used to amplify noise must not be located in any of the outdoor area
      of the site including recreational areas (pool, space sundeck, and sun lounges, multi-
      purpose/flexible lounge/outside deck).

      It is also recommended to include an additional condition to ensure the presence of
      receptionist/manager on site at all times. The inclusion of the condition will allow for guest
      behaviour which results in excessive noise to be addressed efficiently. It is recommended
      that the new condition read as follows:

11.   A receptionist/manager must be on-site at all times.

      The officer’s recommendation has been amended to reflect the proposed new and amended
      conditions. The new condition requires the renumbering of conditions.




                                                                                     Page 34 of 47

Section 35

ORDINARY MEETING AGENDA                                                       15 NOVEMBER 2018


The General Committee Recommendations dated 12 November 2018 requested the preparation
of amended conditions of approval to include conditions which approve the height of the building
as proposed by the applicant, allow operation of the internal pool and café area until 10pm at night,
that condition the operation to install a sound monitoring system and 24hr onsite management to
maintain statutory requirements in terms of noise nuisance and allow Council the opportunity to
review compliance of that noise condition in 12 months, and reduce the extent of acoustic fencing.

The following set of conditions are in response to the recommendation from the General Committee
dated 12 November 2018. The request in the recommendations from General meeting dated 12
November regarding reducing the extent of the acoustic fencing does not provide adequate
direction. The condition relating to the extent of the acoustic fence has therefore not been changed
based on the original and subsequent advice of Council’s consultant acoustic expert that extent of
acoustic fencing is appropriate. Additional conditions 37 and 38 are included to address the
requested requirement for noise monitoring which results in subsequent re-numbering of
conditions.

The following original conditions require amendment to accord with the recommendation,
additional conditions are also provided in relation to the 24hr onsite management and the sound
monitoring system:

Approved Plans
3.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
      to incorporate the amendments listed within this Decision Notice and resubmitted to Council
      prior to the issue of any Development Permit for Operational Works*
      a.    The southern pavilion must be reduced in height so that the main entry roof does not
            exceed 8.80 metres above both finished and natural ground levels.
      b.    With the exception of the main entry roof of the southern pavilion the maximum height
            of the development must not exceed 8.40 metres above finished and natural ground
            level.
      c.    A minimum 600mm eaves must be provided to the full extent of all buildings.
      d.    The northern elevation must include variation of colours and materials to provided
            increased articulation.
      e.    The length of the acoustic fence on the western boundary must be extended for the full
            length of the western boundary. A 2.0 metre high acoustic fence must be installed for
            the full length of the northern boundary.
      f.    Windows to the upper level of the western and northern elevations must be fixed and
            acoustically double glazed.
      g.    All buildings must have a roof pitch of at least 5 degrees.
      h.    No retaining walls or planter beds are to be constructed in the road reserve.
      Nature and Extent of Approved Use
6.    The café must not operate outside the hours of 7am to 9pm.
7.    Use of the pool/sundeck area must not occur outside of the hours of 7am to 9pm.
      Building Height
11.   The maximum height of the southern pavilion must not exceed 8.80 metres above the
      finished ground level and the natural ground level. All other pavilions must not exceed 8.40
      metres above the finished ground level and the natural ground level



                                                                                      Page 35 of 47

Section 36

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


In response to the General Committee recommendation it is suggested that these conditions be
amended and new conditions included as follows:
      Approved Plans
3.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed within this Decision Notice. The Approved Plans must be
      amended to incorporate the amendments listed within this Decision Notice and resubmitted
      to Council prior to the issue of any Development Permit for Operational Works*
      a.   The southern pavilion must be reduced in height so that the main entry roof does not
           exceed 8.80 metres above both finished and natural ground levels.
      b.   With the exception of the main entry roof of the southern pavilion the maximum height
           of the development must not exceed 8.40 metres above finished and natural ground
           level.
      a.   A minimum 600mm eaves must be provided to the full extent of all buildings.
      b.   The northern elevation must include variation of colours and materials to provided
           increased articulation.
      c.   The length of the acoustic fence on the western boundary must be extended for the full
           length of the western boundary. A 2.0 metre high acoustic fence must be installed for
           the full length of the northern boundary.
      d.   Windows to the upper level of the western and northern elevations must be fixed and
           acoustically double glazed.
      e.   All buildings must have a roof pitch of at least 5 degrees.
      f.   No retaining walls or planter beds are to be constructed in the road reserve.
Nature and Extent of Approved Use
6.    The café must not operate outside the hours of 7am to 7pm. For the first 12 months of
      operation the café must not operate outside the hours of 7am to 10pm. The approved hours
      will expire at this time unless a written request is received by Council for the purpose of
      obtaining consent to extend the period of approval. In assessing a request Council will have
      regard to the noise monitoring results, any complaints and any other relevant matters. The
      results of the noise monitoring referred to in this Decision Notice must be submitted as part
      of the written request.
7.    Use of the pool/sundeck area must not occur outside of the hours of 7am to 7pm. For the
      first 12 months of operation the use of the pool/sundeck area must not occur outside of the
      hours of 7am to 10pm. The approved hours will expire at this time unless a written request
      is received by Council for the purpose of obtaining consent to extend the period of approval.
      In assessing a request Council will have regard to the noise monitoring results, any
      complaints and any other relevant matters. The results of the noise monitoring referred to in
      this Decision Notice must be submitted as part of the written request.
11.   A receptionist/manager must be on-site at all times.
Building Height
12.   The maximum height of the southern pavilion must not exceed 8.8 metres 9.50 metres above
      the finished ground level and the natural ground level. All other pavilions must not exceed
      8.40 metres above the finished ground level and the natural ground level.
Noise Nuisance
37.   A noise monitoring system must be installed which measures noise levels at the boundary
      adjacent to the nearest residential zoned land.
38.   The on-site receptionist/manager must respond and terminate the relevant noise source
      should the noise levels exceed:

                                                                                    Page 36 of 47

Section 37

ORDINARY MEETING AGENDA                                                                15 NOVEMBER 2018


     i.        7am to 6pm = 46 dB(A) LAeq,adj,T;
     ii.       6pm to 10pm = 40 dB(A) LAeq,adj,T;
     iii.      10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
Based on the requested changes detailed above the following set of conditions are provided in
response to the General Committee recommendation. The following changes which were
recommended by Council’s consultant acoustic expert as a result of the peer review are not
included as they did not form part of the recommendation:
    Conditions recommended by the Council’s consultant acoustic expert to improve the wording
     of conditions 3c, 10 and 36;
    The amendment to condition 3d to remove the requirement for the upper level windows on
     the western and northern elevation to be fixed and acoustically double glazed; and
    Include the acoustic fence rating at condition 3e.

Conditions responding to the General Committee Recommendations dated 12 November:

     When Conditions must be Complied With
     1.        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
     2.        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
            A.01         B       Site Plan, by Zest Building Design                        31.07.2018
            A.02         B       Basement Floor Plan, by Zest Building Design              31.07.2018
            A.04         B       Floor Plan – Level 2, by Zest Building Design             31.07.2018
            A.05                 Dimensional Plan – Level 1, by Zest Building Design
            A.06                 Dimensional Plan – Level 2, by Zest Building Design
            A.07         B       Elevations, by Zest Building Design                       31.07.2018
            A.08         B       Elevations, by Zest Building Design                       31.07.2018
            A.09         B       Building Sections, by Zest Building Design                31.07.2018
            A.015        A       Roof Plan, by Zest Building Design                        31.07.2018
     3.        Development authorised by this approval must be undertaken generally in accordance
               with the Approved Plans listed within this Decision Notice. The Approved Plans must
               be amended to incorporate the amendments listed within this Decision Notice and
               resubmitted to Council prior to the issue of any Development Permit for Operational
               Works*
               a.      A minimum 600mm eaves must be provided to the full extent of all buildings.
               b.      The northern elevation must include variation of colours and materials to
                       provided increased articulation.
               c.      The length of the 2.0 metre acoustic fence on the western boundary must be
                       extended for the full length of the western boundary. A 2.0 metre high acoustic
                       fence must be installed for the full length of the northern boundary.
               d.      Windows to guest rooms on the upper level of the western and northern
                       elevations must achieve minimum acoustic rating Rw 32 and the rooms must be
                       provided with airconditioning/mechanical ventilation to allow internal amenity to
                       be maintained whilst windows are closed to contain noise.
               e.      All buildings must have a roof pitch of at least 5 degrees.

                                                                                            Page 37 of 47

Section 38

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


          f.    No retaining walls or planter beds are to be constructed in the road reserve.
          *(Refer to Advisory Note)

    Nature and Extent of Approved Use
    4.    122 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor
          hostel). The approved Gross Floor Area is 1084m2. No pavilion may exceed 300m2 of
          Gross Floor Area.
    5.    The approved accommodation units must be used for short term visitors only. The
          approved units must not be occupied by persons for the purpose of permanent
          accommodation.
    6.    For the first 12 months of operation the café must not operate outside the hours of 7am
          to 10pm. The approved hours will expire at this time unless a written request is received
          by Council for the purpose of obtaining consent to extend the period of approval. In
          assessing a request Council will have regard to the noise monitoring results, any
          complaints and any other relevant matters. The results of the noise monitoring referred
          to in this Decision Notice must be submitted as part of the written request.
    7.    For the first 12 months of operation the use of the pool/sundeck area must not occur
          outside of the hours of 7am to 10pm. The approved hours will expire at this time unless
          a written request is received by Council for the purpose of obtaining consent to extend
          the period of approval. In assessing a request Council will have regard to the noise
          monitoring results, any complaints and any other relevant matters. The results of the
          noise monitoring referred to in this Decision Notice must be submitted as part of the
          written request.
    8.    The café, pool and sundeck must only be available for the residents of the visitor
          accommodation use and must not permitted for use by persons not staying in the visitor
          hostel.
    9.    Service vehicle movements on the premises (including loading and unloading) must
          not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sunday
          or public holidays.
    10.   Amplified music must not be audible at the boundaries of the site between 10pm and
          7am.
    11.   A receptionist/manager must be on-site at all times.
    Building Height
    12.   The maximum height of the southern pavilion must not exceed 9.50 metres above the
          finished ground level and the natural ground level.
    13.   Certification must be submitted to Council from a Licensed Surveyor which certifies
          that the buildings do not exceed the maximum height requirement of this Decision
          Notice.
    Landscaping
    14.   The development site must be landscaped. The works must be undertaken in
          accordance with an Operational Works approval, the Planning Scheme Policy 3
          Landscaping Plants and Guidelines for that specific area and must include in particular:
          a.    the works shown on the approved site plan.
          b.    a minimum 2.0 metre wide landscaping strip along the Mary Street road frontage
                of the subject site, exclusive of the access driveway, generally uncompromised
                by infrastructure items.
          c.    A minimum 1.5 metre wide landscaping strip along the full extent of the eastern
                and western boundaries.

                                                                                   Page 38 of 47

Section 39

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


          d.    a 3.0 metre wide vegetated screening of northern elevation of the northern
                pavilion from the adjoining properties in Anne Street, designed such that
                vegetated screening will be provided within 3 years of the plantings occurring.
          e.    vegetated screening of the acoustic barrier adjacent to the western boundary in
                accordance with the conditions of this Decision Notice
          f.    vegetated screening of any electrical transformers, bin storage areas and the like
                from the road frontage
          g.    provision of 1 street tree within the road reserve for every 8 metres of road
                frontage
    15.   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.
    Performance Bond
    16.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
          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.
    Street Identification
    17.   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.
    18.   The building entrance or reception area must be clearly visible and identifiable from the
          street or otherwise provided with signage and lighting at strategic locations to direct
          people to the building entrance.
    Water & Sewer Connections
    19.   An underground connection to reticulated water and sewerage must be provided to the
          development site in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    20.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to the development site.
    Building Appearance
    21.   All air conditioning units or other mechanical equipment must be located at ground
          level, or otherwise fully enclosed or screened such that they are not visible from the
          street frontages nor adjoining properties.
    22.   All deck and balcony areas above ground floor must not be enclosed by permanent
          fixtures such as shutters, louvres, glass panelling or the like, except where required to
          satisfy any privacy condition of this Decision Notice.
    Advertising Devices
    23.   Advertising devices must comply with the requirements of the Advertising Devices
          Code.




                                                                                    Page 39 of 47

Section 40

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


    24.   Construction signage, including that on hoardings, shade cloth and cranes but not
          including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s
          street frontages.
    Fencing and Walls
    25.   Any street fencing must be setback an average of 1 metre from the front property
          boundary. Any fencing on the front boundary must either:
          a.    not exceed a maximum height of 1.2m
          b.    be of open construction.
    26.   The area of land between the fence and the front property boundary must be densely
          landscaped to screen any fencing from the street.
    Clothes Drying Areas
    27.   Each rooming unit must be provided with access to an outdoor clothes line which is
          screened from public view.
    Protection of Privacy
    28.   To ensure privacy is protected between adjoining properties, any window/s, deck or
          the like that overlooks or has the potential to overlook the private open space or
          habitable room windows of neighbouring properties must either:
          a.    have a minimum window sill height or 1.5 metres above floor level
          b.    be fitted with translucent glazing
          c.    be fitted with a fixed external screen
    Communal Recreation Areas
    29.   Communal recreation area/s must be provided as shown on the approved plans.
    Amalgamation of Lots
    30.   Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement of use.
    ENVIRONMENTAL HEALTH
    Amenity
    31.  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, air-borne hazards, atmospheric pollutants (including dust or
         odours) nuisance or any other emissions in accordance with the nuisance provisions
         of the Environmental Protection Act 1994.
    Noise Nuisance
    32.   Noise emission from mechanical equipment shall comply with the following
          requirements:
          a.    Air-conditioning and Refrigeration
                i.     7am to 10pm: Maximum background + 5dB(A)
                ii.    10pm to 7am: Maximum background + 3dB(A)
          b.    Pumps
                i.     7am to 7pm: Maximum background + 5dB(A)
                ii.    7pm to 10pm: Maximum background + 3dB(A)
                iii.   10pm to 7am: No audible noise.
    33.   Air conditioning units and swimming pool filtration plant shall be located within the
          undercover carpark.


                                                                                    Page 40 of 47

Section 41

ORDINARY MEETING AGENDA                                                      15 NOVEMBER 2018


    34.   Kitchen exhaust points for the development must be located and operated in
          accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
          conditioning in buildings” (specifically Section 5.10 – Air Discharges).
    35.   Submission of written certification from a suitably qualified person confirming that the
          noise levels from all mechanical equipment comply 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. All equipment should be operating at the same time to test the overall noise
          level created.
    36.   Entertainers or speakers used to amplify noise must not be located in of the
          recreational areas (pool, space sundeck, and sun lounges, multi-purpose/flexible
          lounge/outside deck).
    37.   A noise monitoring system must be installed which measures noise levels at the
          boundary adjacent to the nearest residential zoned land.
    38.   The on-site receptionist/manager must respond and terminate the relevant noise
          source should the noise levels exceed:
          i.     7am to 6pm = 46 dB(A) LAeq,adj,T;
          ii.    6pm to 10pm = 40 dB(A) LAeq,adj,T;
          iii.   10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
    Outdoor Lighting Devices
    39.   Lighting associated with the use must be designed, sited, installed and tested to comply
          with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
          effects of outdoor lighting” using a control level of 1.
    40.   Certification must be submitted to Council from a qualified person which certifies that
          all outdoor lighting devices comply with the requirements of this Decision Notice at the
          time of commissioning.
          For the purpose of certifying outdoor lighting devices for the development, a qualified
          person is:
          a.     Registered Professional Engineer of Queensland;
          b.     an environmental or electrical design consultant with a minimum of 3 years
                 current experience in the field of outdoor lighting.
    Building Demolition/Removal/Relocation
    41.   Where the development involves the removal, relocation or demolition of a building, a
          Waste Management Plan (construction and demolition) in accordance with Planning
          Scheme Policy 11, Waste Management Plans must be submitted and approved by
          Council’s Environmental Health Officer prior to issue of a development permit for
          operational works for demolition, removal or relocation of any building other than a
          shed.
          The purpose of the Waste Management Plan is to facilitate the segregation of waste
          for the effective reuse and recycling of such materials. Segregated wastes attract
          significantly reduced disposal fees at the landfill with some items free. Higher gate fees
          are charged for mixed waste.
          Waste storage areas must provide adequate separation of all reusable, recyclable and
          waste materials. These must be located so that they are convenient and safe to use.
          The Plan must contain the following information:

                                                                                    Page 41 of 47

Section 42

ORDINARY MEETING AGENDA                                                     15 NOVEMBER 2018


          a.    The site area for the storage and separation of waste is to be shown on the plan
                drawings accompanying the application.
          b.    A waste management table as indicated below is to be completed showing how
                waste material is to be segregated - recycled – reused or disposed.
          c.    Table – Waste Management Table
          MATERIALS ON-SITE                                 DESTINATION
                                               Re-use and Recycling                  Disposal
     Expected waste      Estimated    On-site            Off-site               *specify contractor
     materials           volume(m³)   *specify proposed *specify contractor     and landfill site or
                                      re-use or on-site  and recycling outlet   other disposal site
                                      recycling methods
     Excavation
     material
     Green waste
     Bricks
     Concrete
     Timber-please
     specify
     Plasterboard
     Metals - please
     specify
     Asbestos
     Other - please
     specify
    Note * If a demolition contractor is undertaking works, then the Waste Management table is
    to be completed by the demolition contractor.
    WASTE
    42.   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. This can be achieved
          with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or
          alternatively the waste area can be roofed, or any other design approved by Council.
    43.   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.
    44.   Bins must be provided throughout the site to reduce littering. All bins provided must be
          for refuse and recycling and be decanted into the bulk bins by the site operators.
    ENGINEERING
          Site Specific Conditions
    45.   The proposed flood barrier must be of a design that is activated by the rising flood
          levels and the associated hydraulic differential to raise and lower the barrier. The
          barrier must not require a power supply or human intervention. The barrier must be
          maintained by the property owner in accordance with the manufacturer’s specifications.
          The works must be undertaken in accordance with an Operational Works approval and
          must include in particular:
          a.    Certification from a Registered Professional Engineer of Queensland (RPEQ)
                that states that the design of the barrier is suitable for its intended use.

                                                                                     Page 42 of 47

Section 43

ORDINARY MEETING AGENDA                                                    15 NOVEMBER 2018


    46.   The development must include an internal stairwell connecting the basement level to
          the upper floor. The stairwell must be located and constructed to provide an escape
          route for people to evacuate the basement in the event the barrier and/or pump system
          fails. Plans submitted as part of any subsequent operational works and building permit
          must clearly indicate the stairwell.
    External Works
    47.   Mary Street must be upgraded for the length of its frontage to the subject site. The
          works must be generally in accordance with drawing number 17699-SK100 Revision
          A prepared by TOD Engineers and Project Managers dated 17 August 2018. The works
          must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          a.   construction of new kerb and channelling offset 7.5m (3.5m lane and 4m of cycle
               lane/parallel parking) from the northern side of the existing landscaped median;
          b.   suitable transitions from the new kerb line to join with the existing kerb at the
               western and eastern end;
          c.   landscaping of the verge area;
          d.   construction of a pedestrian footpath in accordance with the conditions of this
               Decision Notice;
          e.   removal of the existing property accesses and reinstatement of the kerb, footpath
               and verge area to match the balance of the site frontage, including the provision
               of topsoil and turf where the existing verge is grassed.
          Condition 47 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
          infrastructure.
    Site Access and Driveways
    48.   A sealed access driveway must be provided from Mary 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:
          a.   driveway crossovers generally in accordance with Council’s Standard Drawing
               Number RS-051 and any associated addendum.
          b.   suitable safety measures, including warning signage, to improve driver
               awareness of the flood barrier, service vehicles and pedestrians and to enhance
               driver and pedestrian safety. Warning signage must be provided near the exit
               ramp from the underground parking area and the guest/service area to warn
               motorists of pedestrian movement along the frontage street.
    Car Parking
    49.   A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space, 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:
          a.   13 customer parking spaces (including 4 scooter spaces) within the total, which
               are clearly marked for that purpose and accessible at all times for visitor use.
          b.   3 staff parking spaces within the total, which are clearly marked for that purpose.
          c.   1 courtesy bus space within the total.
          d.   2 disabled parking space/s within the total.
          e.   dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities.


                                                                                  Page 43 of 47

Section 44

ORDINARY MEETING AGENDA                                                    15 NOVEMBER 2018


          f.    Provision of 20 bicycle parking spaces.
    50.   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.
    51.   Directional signage must be provided to direct visitors and customers to the car parking
          spaces provided on site.
    Service Vehicles
    52.   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.
    Pedestrian and Bicycle Facilities
    53.   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:
          a.    a 2 metre wide footpath within the road verge for the entire length of the site’s
                frontage to Mary Street.
          Condition 53 is imposed pursuant to s128 of the Planning Act 2016 being necessary
          trunk infrastructure identified by Council’s LGIP to service the development.
    Stormwater Drainage
    54.   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 must include in particular:
          a.    the works shown on drawing number 17699-SK101 Revision A prepared by TOD
                Engineers and Project Managers dated 17 August 2018, with the inclusion of the
                following:
                i.    The storage tank must have sufficient capacity to cater for the runoff from
                      the driveway in a 1%AEP rain event as a minimum.
                ii.   A back up power system for the pump that is independent of the mains
                      network.
    Acid Sulfate Soils
   55.    All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater
          Management Plan for the development prepared by a qualified person* and referenced
          in a Development Permit for Operational Works. The Acid Sulfate Soil and
          Groundwater Management Plan must specifically address how lowering of the
          groundwater level as a result of the works will be avoided.
          *(Refer to Advisory Note)
   56.    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.   a pH range of 6.5-8.5 pH units
          b.   50mg/L maximum total suspended solids concentration
          c.   0.3mg/L maximum total iron concentration
          d.   0.2mg/L maximum total aluminium concentration
          e.   no visible plume at either the point of release from the site or within a
               waterway




                                                                                   Page 44 of 47

Section 45

ORDINARY MEETING AGENDA                                                   15 NOVEMBER 2018


   57.    The basement must be designed and constructed as a water excluding structure in
          accordance with Australian Standard AS3735 "Concrete Structures for Retaining
          Liquids" to ensure groundwater does not enter the basement after construction is
          completed.
   58.    All treated material must undergo verification testing at the rate of one sample per
          250m3 throughout the duration of the excavation phase of the development. The
          verification testing must be undertaken by a qualified person* using the SPOCAS
          or Chromium Reducible Sulphur testing suite, and the results must be submitted
          to Council for appraisal.
    Electricity and Telecommunication Services
    59.   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.
    60.   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.
    Earthworks and Retaining Walls
    61.   All earthworks 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.
    62.   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.
    Preparation of a Preliminary Construction Management Plan
    63.   A preliminary Construction Management Plan must be submitted with the Operational
          Works application and must address the following:
          a.   traffic management during all aspects of the construction phase including:
               i.     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
               ii.    maintenance of safe pedestrian access for the areas affected by the works
                      during and after daily construction has ceased
               iii.   proposed fencing to the site during the construction phase of the
                      development
               iv.    approval of the Traffic Management Control Plan by the Department of
                      Transport and Main Roads (DTMR) for any works on State controlled roads
               v.     provision for worker car parking
          b.   maintenance and protection of water quality and existing drainage lines through
               the construction site, through the implementation of appropriate erosion and
               sediment control measures
          c.   works programme identifying key components of the works and their respective
               durations
          d.   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
          e.   identification of complaint management procedures including:


                                                                                  Page 45 of 47

Section 46

ORDINARY MEETING AGENDA                                                                           15 NOVEMBER 2018


                                        i.    contact details for the on-site manager
                                        ii.   dispute resolution procedures
                                 f.     details on the location of external fill/dump sites, the haulage route, type of
                                        vehicle to be utilised during filling operations and frequency of usage. NB any
                                        damage to the existing road system as a result of haulage operations shall be
                                        fully repaired at the applicant’s expense
                                 g.     it is acknowledged that the preliminary Construction Management Plan will be a
                                        draft document requiring finalisation upon appointment of the Principal
                                        Contractor employed to construct the works and a final document will be required
                                        to be submitted at the Pre-Start Meeting for the project.
                          Damage to Services and Assets
                          64.    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:
                                 a.     where the damage would cause a hazard to pedestrian or vehicle safety,
                                        immediately; or
                                 b.     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.

CONCLUSION
A peer review of the applicant’s acoustic report was provided after the 6 November Planning and
Environment Committee. Furthermore, an additional review by Council’s consultant acoustic expert
regarding additional acoustic information submitted by the applicant was requested after the 12
November General Committee Meeting. At the time of writing this report a written response for the
second review had not been provided however a discussion was held between the Coordinator
Planning and the consultant acoustic expert. As a result of the peer review and discussion the
officer’s recommendation has been amended. An additional set of conditions have also been
prepared in response to the recommendation of the 12 November General Committee Meeting at
Council’s request. These conditions do not include the changes recommended by Council’s
consultant acoustic expert which were not included in the recommendation.
Departments/Sections Consulted:

            X            Chief Executive Officer       Community Services                       Corporate Services
                         Executive Officer             Director                                 Director
                         Executive Support             Community Development                    Financial Services
                                                       Community Facilities                     ICT
                                                       Libraries & Galleries                    Procurement & Fleet
                                                       Local Laws                               Property
                                                       Waste & Environmental Health             Revenue Services

                         Executive Services        X   Environment & Sustainable Development    Infrastructure Services
                         Director                  X   Director                                 Director
                         Community Engagement      x   Building & Plumbing Services             Asset Management
                         Customer Service          x   Development Assessment                   Buildings and Facilities
                         Governance                    Economic Development                     Civil Operations
                         People and Culture            Environmental Services                   Disaster Management
                                                       Strategic Land Use Planning              Infrastructure Planning,
                                                                                                Design and Delivery




Document i nformati on




                                                                                                           Page 46 of 47

Section 47

ORDINARY MEETING AGENDA                                          15 NOVEMBER 2018


8    CLOSED SESSION




9    NEXT MEETING

     The next Ordinary Meeting will be held on 20 December 2018 at Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE




                                                                       Page 47 of 47

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