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Minor Change Existing Approval 132002.220285.I (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: 132002.220285.I
Your Reference: n/a
29 October 2025
Stockwell Development Group Pty Ltd
C/- Stockwell Development Group Pty Ltd
399 Montague Road
WEST END QLD 4101
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 August 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132002.220285.I
Street address: 28 Eenie Creek Rd, Noosaville Qld 4566
Real property description: Lot 1 SP 322201
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 May 2003.
• Development Permit for Material Change of Use of Premises – Shire Business Centre
In relation to the request to make a minor change to the existing approval, Council on 27 October
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change
B. Amend condition 226
C. Delete condition 227
D. Correct Approval Date within Condition 4 of the Decision Notice from 17 April to 30 April,
and
E. Correct administrative errors within the Decision Notice history box
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
1. Deleted.
2. All revised architectural, engineering, management plans, audits and further information
required by these conditions shall be to the reasonable satisfaction of Council and be
submitted to the Council at the cost of the applicant for approval with an application for a
development permit for operational works or when otherwise required by these conditions.
The cost of assessment of such material by the Council or its consultants shall also be at the
applicant's cost. The applicant shall implement the recommendations of the approved plans
and reports.
Definitions
3. For the purpose of this development permit the following definitions will apply:
MP2 - Shire Business Centre Master Plan: Stage 2 adopted by Council on 10 April 2003
OS1 – Open Space (Environmental) in accordance with MP2
OS2 – Open Space (Environmental) in accordance with MP2
OS3 – Open Space (Preservation of visual amenity) in accordance with MP2
OS5 – Open Space (Preservation of visual amenity) in accordance with MP2
OS7 – Open Space (Environmental Drainage) in accordance with MP2
Approved Plans – means the Architectural plans prepared by B+N and CCN Architects, more
particularly described in Condition 4.2
TUA - Total Use Area as defined by the Schedule to the Planning Scheme with the exception
that the words, “plus any other area of the site which is also used or intended for use for the
same purpose” are removed from the definition.
SBC - Shire Business Centre
Approved Plans
4. With regard to the approved plans for the development:
4.1. The development shall be undertaken generally in accordance with the approved plans
unless otherwise stated in these conditions.
4.2. The drawings approved for the development are (“Approved Plans”):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations
Q0201.10b/S - Commercial Site Plan
Q0201.11.1/S - Commercial/Business Elevations
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Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Control Systems
A090 Rev. 02 – Location Plan, December 2016
A200 Rev. 02 – Carwash Floor Plan, December 2016
A201 Rev. 02 – Carwash Roof Plan + RCP, December 2016
A210 Rev. 02 – Cashier/Laundry Floor + Ceiling Plans, December 2016
A212 Rev. 02 – Cashier/Laundry Roof Plan + Elevations, December 2016
(annotated)
A213 Rev. 02 – Cashier/Laundry Elevations, December 2016 (annotated)
A500 Rev. 02 – Overall Elevations, December 2016 (annotated)
Additional Approved Plans (Additional Shade Structures) – 26 June 2020
Plan No. Rev. Plan/Document Name Date
- - Plan Layout Scale 1/1000 -
As annotated by Council
E15/191-01 C Plan Layout and Structures 1 to 4 End 17/12/19
Elevation, prepared by Shade’n Net
- - Car Park Entrance Landscape Plantings, 26 June 2020
prepared by Council in consultation with
applicant
Additional Approved Plans (Acoustic Amenity) – 18 Feb 2022
Plan No. Rev. Plan/Document Name Date
20191414.3/1310A/R9/OB 9 Noosa Civic – DA Noise Impact 13/10/2021
Assessment, Prepared by Acoustic Logic
S2.01 A Roof Level Screen Plans and Roof Level 09/09/21
Screen Details, prepared by MPN
SK-S-01(C) - Acoustic Wall Details, prepared by MPN 02/09/21
Consulting
S1.01 B Acoustic Wall Layout Plan Part 1, prepared 07/07/21
by MPN Consulting
S1.02 B Acoustic Wall Layout Plan Part 2, prepared 07/07/21
by MPN Consulting
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Additional Approved Plans (NAB Façade) – 4 August 2022
Plan No. Rev. Plan/Document Name Date
CP03 B General Arrangement Plan, prepared by 23.05.22
INTREC
CP04 D General Arrangement Plan 1st Floor, 23.05.22
prepared by INTREC
CP05 0 External Elevations (as annotated by 12.07.22
Council), prepared by INTREC
Additional Approved Plans (Carparking) – 10 November 2023
Plan No. Rev. Plan/Document Name Date
SK01 - PMT Installation SRV Swepth Path 22.09.23
Additional Approved Plans (CBA Facade) – 30 April 2024
Plan No. Rev. Plan/Document Name Date
A12 T4 Existing & Proposed Building Elevations 19.03.2024
prepared by Better Build Constructions
A13 T4 Existing & Proposed Building Elevations 19.03.2024
prepared by Better Build Constructions
Scale and Types of Uses
5. The uses allowed on the subject site and the scale of those uses are as follows:
5.1. The shop floor space for the Retail Centre shall not exceed 18,000m², TUA. The uses
nominated on the approved plans shall generally accord with the following TUA’s:
• Supermarket (Shop) 3,500 m²
• Mini-Major (Shop) 1,200 m²
• Discount Department Store (Shop) 6,500 m²
• Speciality Retail (Shop) & Professional Offices 6,800 m²
• Restaurants 200 m²
• Centre Manager 115 m²
• Staff Areas 50 m²
• Public Toilets 150 m²
• Service Station 100 m²
5.2. The uses allowed in the Retail Centre are:
• Shops
• Professional Offices
• Commercial Premises
• Commercial Services
• Restaurants
• Service Station
• Service Shops
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• Fast Food Premises
• Medical Centre
• Outdoor Entertainment, and
• Special Purposes
5.3. The Showroom/Homemaker floor space for the showroom component shall not exceed
7,000m² TUA. The uses allowed in the Showroom component are:
• Showroom
• Commercial Premises
• Commercial Services
• Medical Centre
• Professional Offices
• Warehouse
• Educational Establishment, and
• Special Purposes
5.4. The commercial and business floor space for the Commercial and Business
component shall not exceed 5,000m2 TUA. The uses allowed within the Commercial
and Business component are:
• Commercial Premises
• Commercial Services
• Medical Centre
• Professional Offices
• Warehouse
• Educational Establishment, and
• Special Purposes
5.4(a) 82m2 of tenancy BB-03 (as detailed on the Site Plan, Overall Site Plan and
Retail Site Plan) may be used as Fast Food Premises
Staging of Development
6. With Regard To The Development Staging:-
6.1. A Discount Department Store must be constructed as part of the Retail Centre
component.
6.2. The 5,000m² Commercial/Business component must be constructed concurrently with
the construction of the Retail Centre component.
6.3. The Retail Centre component shall not commence until at least 40% of the proposed
Commercial/Business component of floor space is contracted for sale or lease. Proof
of the contracts of sale or lease shall be submitted to Council prior to the Retail Centre
component commencing use.
Homemaker/Showroom components are excluded from the above provisions.
Building Design
7. The building design for the Retail Centre development shall be generally in accordance with
the approved plans subject to such modifications as are required in order to address the
following:-
7.1. Deleted.
7.2. Provide a lit continuous pathway along the entire northern frontage of the Retail Centre
to connect the precincts on either side to the east and west of the SBC site.
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7.3. A pedestrian/cycleway link is to be maintained beside the OS7 area on the western
side to provide a north south link through the site. Once the internal loop road is
completed the service vehicles entering this area of the site are to be limited with
priority maintained for pedestrians and cyclists. Works required in order to prevent
conflict between pedestrians/cyclists and vehicles are designed by a Registered
Professional Engineer and are to be implemented..
7.4. Any pathways shall remain open during business hours to allow for free unhindered
access.
7.5. The detailed design treatment of the service vehicle and pedestrian/cycleway adjacent
to the open space area (OS7) shall be provided with an application for operational
works. The sealed area beside OS7 shall be utilised as a pedestrian/cycleway
providing access beside the OS7 corridor to link with the internal ring road and other
parts of the site. The treatment of this area shall be to the satisfaction of Council.
7.6. Amenities shall be provided for the Retail Centre generally in accordance with the
approved plans and shall include provision for parent rooms.
7.7. The design shall include light-weight elements such as colorbond and timber that are
consistent with “Noosa Character” to the reasonable satisfaction of the Manager - Land
Use. The applicant shall provide a copy of the design drawings detailing the features
that are consistent with “Noosa Character” prior to the issue of a development permit
for building works.
7.8. A Public Art Plan shall be submitted specifying street furniture and art forms to be
provided throughout the development prior to the issue of a development permit for
building works and to the reasonable satisfaction of the Manager - Land Use. The street
furniture and art forms shall be related to a theme that reflects the cultural heritage of
the area.
The preferred approach to integrated public art is to include artist in project
development teams at the outset of capital works planning and delivery.
The public art can involve the commission of designers to create functional items for
internal and external environments that may include, but not limited to, chairs and
seating, desks and tables, filing and storage items, lighting, door handles, carpet,
textiles and fabrics, and the design and treatment of floors, paving, walls, windows,
doors, fencing, lifts and stairwells. It can involve the purchase of existing works to be
permanently sited in public places or the provision of community cultural facilities.
8. The building design for the Showroom component shall be generally in accordance with the
approved plans subject to such modifications as are required in order to address the
following:
8.1. The buildings and service area on this part of the site shall be relocated further from
the Eenie Creek Road and Walter Hay Drive frontages so as to allow for a 10 metre
wide open space area (OS3) within the subject site, with the exception of the 5 metre
(approximately) strip of service roadway in the vicinity of Showroom Building D. The
existing native vegetation within the open space area (OS3) shall be protected to
screen the development from these roadways. A 1.8 metre fence painted green is to
be erected beside the service road to help screen the ‘back of house’ area.
8.2. The buildings shall not exceed a maximum length of 50 metres in any one plane without
articulation of at least 2 metres being provided.
8.3. The length of any building shall not exceed 80 metres.
8.4. The building design shall incorporate sufficient pedestrian/cycle pathways between
buildings to provide unimpeded access to the pedestrian tunnels (existing & proposed).
To this end the following shall be provided:
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8.4.1.Open space areas shall have a width of not less than 10 metres between the
buildings to allow for the proposed pathways. Pathways are to be enhanced by
landscaping comprised primarily of endemic species.
8.4.2.One open space area is to align with the existing tunnel under Eenie Creek Road
west of the existing roundabout.
8.4.3.One open space area is to align with the proposed pedestrian pathway under
Walter Hay Drive to the east of the existing roundabout.
8.5. Deleted.
8.6. The design shall include lightweight elements such as colorbond and timber that are
consistent with “Noosa Character” along with some pitched roofing, roof overhangs,
window hoods and colour banding using muted earth tones generally in accordance
with the approved plans to the reasonable satisfaction of the Manager - Land Use. The
applicant shall provide a copy of the design drawings detailing the features that are
consistent with “Noosa Character” prior to the issue of a development permit for
building works.
8.7. Deleted.
9. A maximum of four flagpoles are allowed to be erected within the development. The flagpoles
are not to be used for advertising purposes.
10. Deleted.
11. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum
flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
Dedication and Management of Open Space
12. The applicant is required at its cost to dedicate to the Crown for environmental park purposes
the land shown hatched in red (defined by Annexure 1), labelled OS1 and OS2 (less an area
of land having a width of 40 metres adjacent to E7 on MP2, which is to remain in private
ownership free from development (Private Open Space)). This dedication will occur within
12 months of a development permit for material change of use taking effect or prior to the
use commencing which ever is the earlier.
13. Prior to the use commencing, the Private Open Space shall be protected by a registered
environmental covenant, which shall ensure that the existing native vegetation is maintained
to the satisfaction of Council. The costs associated with the preparation and registration of
the covenant shall be borne by the applicant.
14. A suitably qualified person in consultation with the Council shall prepare a Public Open Space
Management Plan (POSMP) for the area of land defined by Annexure 1 (referenced in
condition 12) which is to be dedicated as Public Open Space and the Private Open Space.
15. The POSMP shall achieve the following objectives:
15.1. The primary role of OS1 and OS2 is for conservation and waterways protection.
15.2. Vehicle access will be kept to a minimum and limited to fire and emergency vehicles
and Council maintenance vehicles. All unnecessary existing tracks and trails will be
closed off and rehabilitated and vehicle access points will be limited to as few as
possible.
15.3. In general, public access to Eenie Creek will not be encouraged.
15.4. Bicycles, vehicles, horses and other high-impact recreational activities will not be
permitted in this area.
15.5. Walking tracks or jetties will not be constructed.
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15.6. Playground and picnic facilities, rubbish bins and other facilities associated with
recreational parkland will not be provided.
15.7. Future management and maintenance shall ensure that this area is as self-sustaining
as possible.
16. The POSMP shall, inter alia:
16.1. include a statement of environmental values, management issues and management
objectives;
16.2. include the recommendations from the Bushfire Management Plan for the Public Open
Space;
16.3. include relevant information about the protection of flora, fauna and water quality
conditions contained in this approval;
16.4. identify weed control, erosion control and rehabilitation needs within the area and detail
how the necessary works shall be undertaken;
16.5. identify all existing access points into the Public Open Space and recommend how
these shall be managed;
16.6. document any rehabilitation, planting or thinning requirements for the Public Open
Space;
16.7. document the likely edge-effects from which this Public Open Space is likely to suffer
and their sources and causes, and recommend actions to avoid or minimize these; and
16.8. document all the works and items that the applicant shall undertake, or provide, to
establish and secure the Public Open Space prior to dedication.
16.9. include any fire management measures necessary for ecological purposes.
17. Prior to the dedication of the Public Open Space, the applicant shall:
17.1. undertake all the weed control, erosion control and rehabilitation works specified in the
POSMP;
17.2. undertake the fuel reduction specified in the POSMP;
17.3. construct and/or provide all the fire trails, fire breaks, hydrants, etc. as specified in the
POSMP;
17.4. undertake or provide any other works and facilities specified as the applicant’s
responsibility in the POSMP (eg. traffic barriers, gates, fencing, etc.)
18. With regard to the Public Open Space Management Plan (POSMP):
18.1. The applicant shall not commence any works (e.g. construction of firebreaks, traffic
barriers, etc.) in the Public Open Space and the Private Open Space until Council
approves the POSMP
18.2. The applicant shall submit the POSMP for approval by the Manager - Land Use prior
to the issue of a development permit for operational works for the works within the
Public Open Space and Private Open Space. Approval of the POSMP by the Manager
- Land Use shall not be unreasonably withheld or delayed, having regard to the
requirements of Conditions 12 and 16.
Open Space Area (OS3) - Preservation of Visual Amenity
19. OS3 shall be a minimum of 10m wide with the exception of the access points to the site
where it may be reduced to 5.0 metres and or as required by the conditions of approval.
20. With the exception of the area required for the bikeway and footpath to traverse OS3 and
where street plantings are proposed, all the existing native vegetation on OS3 shall be
retained.
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21. The design and construction of the adjacent roads, drainage, buildings and other works shall
not adversely impact upon the existing native vegetation in OS3 with the exception of entry
statements in accordance with MP2 and approximately the 5 metre strip of service roadway
in the vicinity of Showroom Building D.
22. The species of street trees to be planted on the edge of, or adjacent to, OS3 shall be selected
from the major tree species growing in OS3. Alternatively, they shall be in accordance with
the landscaping requirements contained within this approval.
23. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken
in OS3 to:
23.1. restart stalled regenerative processes and facilitate ecological sustainability, and
23.2. facilitate the required visual screening.
24. An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning. This consultation is to occur prior to the
submission of the Site Rehabilitation Plan for the development in accordance with condition
81.
25. Prior to the use commencing, OS3 shall be protected by a registered environmental
covenant, which shall ensure that the existing native vegetation is maintained to the
satisfaction of Council. The costs associated with the preparation and registration of the
covenant shall be borne by the applicant.
Open Space Area (OS5) - Preservation of Visual Amenity
26. OS5 shall have a minimum width of 12m and a minimum length of 130m generally in
accordance with the approved plans. Apart from providing for the temporary access roadway,
the existing vegetation within this precinct is to be retained and shall not be disturbed to
accommodate carparks, detention ponds, firebreaks or any other infrastructure. Following
the construction of the internal loop road that provides access to this part of the site the
temporary service road is to be removed and the area reinstated in accordance with the Site
Rehabilitation Plan.
27. Deleted.
28. The design and construction of the adjacent roads, drainage, buildings and other works shall
not adversely impact upon the existing vegetation in OS5 other than the temporary service
road and the impact on the existing hydrological regime on which the vegetation depends
shall be minimised.
29. Prior to construction of the adjacent internal loop road, any clearing along the western
property boundary for the purposes of a firebreak shall exclude the vegetation/forest within
OS5.
30. The species of street trees to be planted on the edge of, or adjacent to, OS5 shall be selected
from the major tree species growing in OS5. Alternatively, plantings shall be in accordance
with the landscaping requirements contained within this approval.
31. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken
in OS5 to:
31.1. restart stalled regenerative processes and facilitate ecological sustainability, and
31.2. facilitate the required visual screening.
32. An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning to be undertaken within OS5. This
consultation is to occur prior to the submission of the Site Rehabilitation Plan for the
development in accordance with Condition 81.
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33. Prior to the use commencing, OS5 shall be protected by a registered environmental
covenant, which shall ensure that the existing native vegetation is maintained to the
satisfaction of Council. The costs associated with the preparation and registration of the
covenant shall be borne by the applicant.
Open Space Area (OS7) - Environmental Drainage
34. The OS7 area shall be generally in accordance with MP2 and the approved plans, such that
there is no net loss in the area of continuous open space in the OS7 area to facilitate the
provision of infrastructure, but excluding the proposed future bridge.
35. The existing drainage way shall be included within OS7 with at least 10m of native forest on
either side of the watercourse. With the exception of:
35.1. the bikeways/pathways shown on MP2,
35.2. a revegetated (with native species) swale at the northern end of OS7,
35.3. outfalls for discharging treated stormwater into OS7 and associated erosion control
works,
35.4. future bridge (subject of a future application) between retail centre and main
employment node E1
No development or construction works shall be permitted in OS7.
36. Deleted.
37. Except where necessary for development works native vegetation shall not be disturbed.
38. The design and construction of the roads, drainage, buildings and other works shall not
impact upon the existing native vegetation in OS7.
39. Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken
in OS7 to:
39.1. restart the stalled regenerative processes and facilitate ecological sustainability, and
39.2. facilitate the required visual screening.
40. An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning to occur in OS7. This consultation is to
occur prior to the submission of the Site Rehabilitation Plan for the development in
accordance with Condition 83.
41. Prior to the use commencing, OS7 shall be protected by a registered environmental
covenant, which will ensure that the existing native vegetation is maintained to the
satisfaction of Council. The costs associated with the preparation and registration of the
covenant shall be borne by the applicant.
Landscaping
42. A suitably qualified person shall prepare a Landscape Management Plan (LMP) for the
development. The LMP shall be driven by the concept of ‘Environmental Excellence’ (as
embodied in the Strategic Plan & MP2). The LMP will show how the development will be
integrated into the existing natural environment, and how a unique landscape character will
be achieved for the SBC site and it will be to the reasonable satisfaction of Council. This plan
shall be submitted prior to an application a development permit for operational works
(landscaping).
43. Open space within the development is to be provided in accordance with the minimum
requirements of MP2. To this end, landscaping is to be provided so that each component of
the development shall have a minimum 10% open space of the area of any development site
within a sub-precinct provided that the sub-precinct overall shall have a minimum open space
area of 15% of that sub-precinct. For the purposes of this condition, sub-precincts B1 & B2
may be assessed combined.
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44. Plant species used in the landscaping will primarily be species that are endemic to the SBC
site. At least 85% of the species and 85% of the quantity of plants used in landscaping shall
be endemic to the SBC site. However, all the visually dominant components of the landscape
plantings, that is the ‘signature species’ (eg. street trees, shade trees in car parks and feature
plantings) shall be native species endemic to the SBC site.
45. Trees and other plants shall not be planted in bedrock or subsoil that will be at the surface
of the car park areas after the proposed earthworks engineering works. In these areas,
adequate soil and drainage shall be provided for all plantings.
Fauna Protection
Elf Skink
46. The applicant shall update the Elf Skink Management Plan to include the recommendations
of the Environmental Protection Agency in its letter dated 20 June 2003 and it will implement
the plan.
Wallum Froglets
47. The applicant shall incorporate into the Stormwater Management Plan and EMP any
reasonable and appropriate requirements made by the EPA with respect to the protection of
and management of Wallum Froglets and their habitat on the Shire Business Centre site.
Koala, Glossy Black Cockatoo and other Fauna
48. Koalas shall not be encouraged (eg. by planting food trees) to utilise OS3.
49. Plant species used in landscaping and revegetation works shall be selected to provide food
and habitat for local fauna (eg. Allocasuarina spp. for Glossy Black cockatoos; Banksias for
honeyeaters, etc.)
50. Any internal fencing on the site shall be compatible with the movement requirements of
koalas and other fauna.
51. No unrestrained dogs shall be permitted on site during construction.
Vegetation Protection
52. Deleted.
53. A Risk Assessment Report (RAR) by a qualified arborist shall be prepared for all individual
trees and stands of vegetation to be retained within or adjacent to the development areas.
Particular attention will be given to retaining trees with hollows wherever practicable. The
applicant shall implement the recommendations of the Risk Assessment Report.
54. The existing hydrological and ecological characteristics of the downstream wetlands, poorly
drained areas and Eenie Creek shall not be altered so as to cause detriment to the existing
flora and fauna.
55. During construction, the boundaries of the open space areas shall be clearly marked for the
purpose of preventing access into these areas thereby protecting the vegetation and habitat
values.
56. Within the open space areas no indigenous vegetation shall be cut down, lopped, damaged,
disrupted or adversely affected, without the prior written consent of Council.
57. Within the development areas all areas of vegetation and individual trees to be retained shall
be clearly marked. The applicant shall ensure these areas are protected during construction.
58. Vegetation and individual trees to be retained in the development areas shall be healthy and
vigorous.
59. All underground services, drainage, footpaths and other site works shall be located to
minimise adverse impacts on retained vegetation, particularly their root systems.
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Vegetation Removal
60. Vegetation removal, tree felling and lopping adjacent to vegetation to be retained in the open
space areas and beside the vegetation adjacent to Stage 1 shall be undertaken in an
environmentally sensitive manner to avoid damaging surrounding vegetation, trees and
habitat.
61. Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos,
possums). If wildlife species are present, the tree shall not be felled or lopped until the wildlife
has left the tree.
62. All cleared vegetation shall be suitably processed or removed from the site by a method
approved by Council. Burning is not an acceptable means of disposal.
63. Weed species cleared from the site shall not be mulched. Vegetative material from weed
species shall be removed from the site and disposed of in a Council approved refuse tip.
Weed and Pest Removal
64. In order to protect the ecological values of the site the following apply:
64.1. prior to first entering the site, all construction machinery and vehicles shall be washed
down to remove soil that may contain weed seeds, soil pathogens and pest species;
64.2. all nursery stock shall be weed, pest and disease free and certified as such by the
supplier;
64.3. all imported fill, soil, gravel and other construction and landscaping materials shall be
weed, pest and disease free and certified as such by the supplier;
64.4. all mulch used on the site shall be weed, pest and disease free and certified as such
by the supplier;
64.5. all mulch produced on-site by mulching cleared vegetation and trees shall specifically
exclude material (particularly seeds) from weed species (eg. lantana, asparagus fern
and umbrella trees); and
64.6. the certificates referred to above are to be obtained prior to the use of the material on-
site and to be made available to Council.
65. Soil disturbance in the open space areas shall be kept to a minimum to avoid weed
proliferation.
Amenity
66. Deleted.
67. 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, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
68. All refrigeration plant including motors, shall be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998. On the spot fines apply for such offences.
69. Air conditioning units shall be located in a manner which prevents noise nuisance in
accordance with the nuisance provisions of the Environmental Protection Regulation 1998
and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines apply for such
offences.
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70. An occupier of premises where there is air-conditioning equipment must not use or allow the
use of the equipment -
(a) before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following -
(i) 40 dB(A);
(ii) 3 dB(A) above the background noise level
(b) from 7am to 7pm on any day if it makes noise or causes noise to be made of more than
the lower of either of the following:
(i) 50 dB(A)
(ii) 5 dB(A) above the background noise level
(c) from 7pm to 10pm on any day if it makes noise or causes noise to be made of more
than 3 dB(A) above the background noise level.
Fire Management
71. A Fire Management Plan is required for the developed areas and a Bush Fire Management
Plan for the open space and bushland areas. These plans are to be prepared in consultation
with the Queensland Fire & Rescue Authority to the reasonable satisfaction of the Manager
- Land Use and will not rely on the removal of natural vegetation within OS3, OS4, OS5 or
OS7, which is otherwise to be protected. These plans are to be finalised prior to the issue
of a development approval for operational works. The applicant is required to implement any
recommendations of the Fire Management Plan and Bushfire Management Plan. Evidence
of any consultation undertaken with the Queensland Fire & Rescue Authority is to be
submitted with the plans.
Fire Management Plan (FMP)
72. The development shall be designed to incorporate all the required fire protection and control
measures and devices for the development. To this end, the FMP shall address, inter alia,
the following matters:
72.1. expected behaviour of fire;
72.2. fire hazard management actions and risk minimisation strategies;
72.3. building and road layout to reduce fire risk;
72.4. setback zones, proposed building construction methods, materials and design;
72.5. gutter treatment to avoid the collection of combustible material;
72.6. access for firefighters;
72.7. access between structures and vegetated areas;
72.8. fire suppression and evacuation procedures;
72.9. landscaping measures to reduce fire risk;
72.10. fuel load management and hazard reduction within landscaped areas;
72.11. required infrastructure – vehicle access tracks, firebreaks, hydrants, etc;
72.12. maintenance requirements for the above infrastructure;
72.13. how fires will be prevented from crossing from development precincts into the adjacent
bushland and open space areas;
72.14. coordination with other relevant organisations and agencies;
72.15. owners and operators training and responsibilities;
72.16. specific implementation procedures and responsibilities.
73. The applicant, future owners and tenants will implement this Plan.
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Bushfire Management Plan (BMP)
74. The FMP prepared by Les Hawkes of the Consultancy Bureau, dated March 2003, and
forming part of the application is endorsed as the draft BMP. However a revised BMP is to
be prepared that documents, inter alia, the following matters:
74.1. expected behaviour of bushfires;
74.2. fire hazard management actions and risk minimisation strategies;
74.3. access for firefighters;
74.4. fuel load management in all bushland and open space areas;
74.5. how ecological values, habitat values and the visual and amenity values of the
vegetation will be retained/protected;
74.6. required firebreaks, fire trails, access points and fire hydrants, etc. in bushland and
open space areas;
74.7. maintenance requirement for the above infrastructure;
74.8. how bushfires will be prevented from spreading into adjacent areas, including the
Noosa National Park;
74.9. coordination with other relevant organizations and agencies;
74.10. specific implementation procedures and responsibilities.
74.11. the amended position of the western fire break to avoid vegetation protected within
OS5.
75. The BMP shall be implemented by the applicant/owner.
76. Both the FMP and BMP shall:
76.1. Include drawings at the same scale (1:2000) showing the location and dimensions of
all firebreaks, fire brigade access roads and access points, location of fire hydrants,
building set-back requirements, etc. for the construction and operation stages of the
Stage 1 development.
76.2. Demonstrate a high level of environmental care and responsibility and be consistent
with best practice for developments of this type in similar environments.
76.3. Meet the provisions of the Queensland Fire and Rescue Authority Act 1990.
77. Deleted.
Environmental Management Plan (EMP)
78. The EMP prepared by URS and dated 5 November 2002, is endorsed as the draft EMP for
the development, as amended by the conditions of approval. The applicant shall submit an
amended EMP to the reasonable satisfaction of the Manager - Environmental Services prior
to the issue of a development permit for operational works.
79. With regard to the particular plans within the EMP, the following are to be addressed:
79.1. The applicant shall prepare a Wetland and Aquatic Ecosystem Monitoring Plan
providing for monitoring of performance against the relevant criteria in the Wetland and
Aquatic Ecosystem Protection EMP, for the maintenance of suitable habitat
characteristics for the Wallum Froglet population. The Monitoring Plan shall be to the
reasonable satisfaction of the Manager - Land Development and Manager -
Environmental Services and shall be provided prior to the application for operational
works. The applicant shall report to the Council in writing the results of the monitoring
of performance in accordance with the Monitoring Plan quarterly for five (5) years
following the commencement of use.
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79.2. The applicant shall prepare an Erosion and Sediment Control Ecosystem Monitoring
Plan providing for monitoring of performance against the relevant criteria in the Erosion
and Sediment Control Ecosystem Protection EMP, for the maintenance of suitable
habitat characteristics for the Wallum Froglet population. The Monitoring Plan shall be
to the reasonable satisfaction of the Manager - Land Development and Manager -
Environmental Services and shall be provided prior to the application for operational
works. The applicant shall report to the Council in writing the results of the monitoring
of performance in accordance with the Monitoring Plan on a quarterly basis for five (5)
years following the commencement of use.
79.3. The applicant shall prepare a Water Quality Ecosystem Monitoring Plan providing for
monitoring of performance against the relevant criteria in the Water Quality Ecosystem
Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum
Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the
Manager -Land Development and Manager - Environmental Services and shall be
provided prior to the application for operational works. The applicant shall report to the
Council in writing the results of the monitoring of performance in accordance with the
Monitoring Plan on a quarterly basis for five (5) years following the commencement of
use.
79.4. The applicant shall prepare a Soil Contamination and Groundwater Protection
Monitoring Plan providing for monitoring of performance against the relevant criteria in
the Soil Contamination and Groundwater Protection Monitoring EMP, for the
achievement of the control strategies of the Stormwater Management Plan in respect
to the influence of groundwater on the Wallum Froglet habitat. The applicant shall
report to the Council in writing the results of the monitoring of performance in
accordance with the Monitoring Plan on a quarterly basis for five (5) years following the
commencement of use.
80. The applicant shall commission an independent audit of the proposed designs and site layout
to demonstrate compliance with the EMP by suitably qualified Environmental Auditor. The
audit shall conform to ISO 14010 and ISO 14011 - Guidelines for Environmental Auditing and
shall be to the reasonable satisfaction of the Manager - Environmental Services and shall be
submitted prior to the issue of a development permit for operational works.
81. The Environmental Management Plan shall incorporate the requirement for monthly
environmental compliance monitoring and annual audit reports to be submitted to the
Manager - Land Development for the construction stages of the development. The format
and content of these reports shall be in hard copy and digital form, generally in accordance
with the following:
81.1. include tables of the monitoring results (digital form should be in Excel);
81.2. include individual charts plotting the results for all parameters required in the monitoring
(digital form should be in Excel);
81.3. include a brief written discussion of the results and recommend any necessary actions
82. The Environmental Management Plan shall incorporate the requirement for three monthly
environmental compliance monitoring and annual audit reports to be submitted to Council for
the operational stage of the development. The reporting on the operational stage will continue
for a period of five (5) years from the commencement of the use. The format and content of
these reports shall be in hard copy and digital form, generally in accordance with the
following:-
• include tables of the monitoring results (digital form should be in Excel);
• include individual charts plotting the results for all parameters required in the monitoring (digital
form should be in Excel);
• include a brief written description of the results and recommend any necessary actions.
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Site Rehabilitation Plan (SRP)
83. A suitably qualified person shall prepare a SRP for the open space areas (OS3, OS5 and
OS7) and water quality/quantity control devices such as swales. The SRP shall be prepared
and submitted prior to the issue of a development approval for operational works and shall
be to the reasonable satisfaction of the Manager - Land Use.
84. The SRP shall specify actions to be undertaken to restore the natural ecological processes
and facilitate ecological sustainability of the OS3, OS5 and OS7 areas. They shall include,
inter alia:
84.1. the need for thinning dense fire-induced undergrowth that has stalled natural
regenerative processes,
84.2. the need for reinforcement plantings to ameliorate structural deficiencies, biodiversity
deficiencies or habitat deficiencies, and
84.3. the required visual screening.
85. The SRP shall contain specific actions to be undertaken for the water quality/quantity devices
to re-vegetate these areas using species endemic to the site so that they become viable and
efficient structures in terms of stormwater management, as well as self-sustaining
ecosystems.
86. The SRP shall detail the work required to be undertaken and shall detail, inter alia:
86.1. site preparation;
86.2. construction materials and details;
86.3. weed control;
86.4. planting layouts and species;
86.5. erosion and sediment control;
86.6. planting out procedures and horticultural requirements;
86.7. mulching procedures (if any);
86.8. fertilising procedures (if any);
86.9. irrigation and watering requirements;
86.10. on-going maintenance; and
86.11. environmental safeguards.
Advertising, Signage and Entry Statements
87. An Advertising Management Plan (AMP) shall be prepared for the development detailing the
nature and type of advertising to be provided on site and shall include:
87.1. the size and types of advertising proposed,
87.2. the types of building materials to be used,
87.3. the types, size, and locations of any ‘entry statements’ including the use of existing
vegetation and landscaping,
87.4. the level of illumination, and
87.5. how the signage integrates with the built form and open space areas on the site.
The AMP shall be provided to the Council prior to the issue of an approval for
operational works for the erection of any advertising devices over the site and shall be
to the reasonable satisfaction of the Manager Land Use. The applicant shall implement
the Advertising Management Plan.
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88. All advertising signage shall accord with Council’s Local Law No. 16 - Control of Advertising.
To this end the applicant shall be permitted to erect 2 pylon signs at the entry points shown
on the approved site plan. Further, 1 pylon sign is permitted on the showroom site at the
centre of the frontage to the internal loop road.
Telecommunications
89. The provision of high-speed telecommunications infrastructure is required for the
development. Provision for full broad band capacity within the subject site to every tenable
area is to be provided that gives access to broadband infrastructure capable of providing at
least 150Mbit/s. Such capability is to be provided either by underground conduit or other low
visual impact method. The intra-site broadband infrastructure shall connect to a suitable
external broadband network.
Energy Efficiency
90. The applicant shall provide a report detailing what measures have been undertaken with the
detailed design of the development to implement the strategies suggested in the Noosa Shire
Business Centre Energy Efficiency Assessment Report prepared by Parsons Brinckerhoff
dated April 2003. Further the report will detail how the development proposal complies with
the energy efficiency conditions contained in this approval and will also examine the viability
of delivering at least one third of the Centre’s energy requirements through renewable energy
technology. The report is to be submitted prior to the issue of a development permit for
building works and shall be to the reasonable satisfaction of the Manager Land Use.
91. The design of building over 2,500m2 gross floor area shall meet the Performance Criteria of
the Brisbane City Council’s City Plan 2000 – Energy Efficient Code (in effect as at April 2003).
Design which meets the Acceptable Solutions of the Code shall be deemed to satisfy this
condition. Design which does not meet the Acceptable Solutions of that Code, but which
otherwise reasonably responds to the Performance Criteria using the alternative mechanism
provided in the Parsons Brinckerhoff (PB) report (April 2003), shall be deemed to satisfy this
condition. This requirement excludes retail speciality tenancies and display areas within the
showrooms.
92. The design of buildings less than 2,500m² gross floor area shall meet the Performance
Criteria set out in the “Design for Climate” Energy Efficiency Policy of the draft Gold Coast
City Planning Scheme (as at April 2003). Design which meets the Acceptable Solutions of
that policy shall be deemed to satisfy this condition. Design which does not meet the
Acceptable Solutions of that policy, but which otherwise reasonably responds to the
Performance Criteria using the alternative mechanism provided in the Parsons Brinckerhoff
report (April 2003), shall be deemed to satisfy this condition. This requirement excludes retail
speciality tenancies and display areas within the showrooms.
93. Use of lightweight building materials is to be maximised wherever practicable. Hythermal
mass external walls shall be insulated and/or shaded from direct sunlight. The use of pre-
cast concrete slabs is to be minimised where practicable.
94. The design of the evaporative cooling system shall seek to optimise energy efficiency by
identifying and maximising the advantage of the prevailing winds at the site.
95. Spectrally selective and/or low emissivity glass shall be incorporated where appropriate in
the detailed design, so as to reduce heat transmission to and from buildings.
96. Hot water requirements of the site are to be provided by solar powered hot water systems,
heat pumps, or heat recovered from refrigeration or air-conditioning systems subject to
compliance with relevant health regulations. Where it is demonstrated to be satisfactory by
the Manager – Environmental Services that such technology is impracticable, five star solar
gas hot water will be accepted as an alternative.
97. The developer shall seek to apply the energy efficiency strategies listed at Table 5.1 of the
Energy Efficiency Assessment report where appropriate in the detailed design of buildings.
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98. Use the Australian Greenhouse Building Rating System (AGBR) scheme to rate the
greenhouse and energy performance for commercial/business precinct of the NSBC.
99. The developer shall prepare and implement a Building Energy Performance Management
and Monitoring Plan (“BEPMMP”) to the reasonable satisfaction of the Manager Land Use,
dealing with programmed time controlled scheduling for all areas capable of separable
operation, demand management, trend logging, energy usage monitoring and reporting and
exception events reporting. The developer shall report to the Council in writing the results of
the monitoring of performance against the BEPMMP on the first, second and third
anniversaries of the commencement of use Stage 1 of the NSBC. The report shall note the
strategies and recommendations of the Parsons Brinckerhoff report (April 2003) that have
been carried through to the development.
100. Deleted.
101. The proposed wind catcher ventilation shafts shall be designed to achieve optimal internal
ventilation of buildings consistent with acceptable standards of comfort.
102. The developer will design tenancy agreements to ensure that any self-contained commercial
refrigeration used on site will meet any mandatory minimum energy performance standards
for self-contained commercial refrigeration to be introduced from July 2005. The developer
will also design tenancy agreements to ensure that in general all appliances used on site are
as energy efficient as possible.
Waste Management & Recycling
103. The applicant must provide a suitably screened imperviously paved area large enough for all
refuse and recycling containers for each building complex. A wash down area is required
with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be
designed to prevent stormwater entry to the sewerage system.
104. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
105. The development must allow refuse-loading areas to be located off street. All vehicles
associated with the collection of waste/recyclables, shall enter and leave the site in a forward
direction.
106. The applicant is to ensure that operational procedures are in place for the prevention of wind
blown litter on the site during both the construction and operational phases of the
development.
107. Street litterbins and recycling bins to a design approved by Council, shall be supplied and
installed at the applicants expense at agreed locations.
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108. The applicant shall submit a Waste Management Plan (WMP) for the construction phase of
the development prior to the issue of a development permit for operational works. The WMP
shall be to the reasonable satisfaction of the Manager Environmental Services, and shall
contain information generally in accordance with the following:-
MATERIALS ON-SITE DESTINATION
Re-use and Disposal
Recycling
Expected waste Estimated On-site Off-site *specify
materials volume (m³) *specify *specify contractor and
proposed re- contractor landfill site
use or on-site and
recycling recycling
methods outlet
Excavation
material
Garden Organics
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Other - please
specify
Note: Details of site area to be used for onsite separation, treatment and storage
(including weather protection) shall be provided on the plan drawings accompanying
your application.
The applicant shall implement the requirements of the WMP.
109. The applicant shall submit a WMP for the operational stages of the development prior to the
issue of a development approval for operational works. The WMP shall be to the reasonable
satisfaction of the Manager – Environmental Health, and shall contain information generally
in accordance with the following:
109.1. The estimated waste volumes, area for refuse/recycle storage and service access.
109.2. The types of waste that will be generated from the activities approved within the
development.
109.3. Anticipated volumes or tonnage of waste generated from the activities.
109.4. Identification of the recyclables within the generated waste stream.
109.5. Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.
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109.6. Operational procedures for the storage and collection of waste from the development
complex including the collection of recyclables.
109.7. Design detail of waste storage and recycling areas including methods of prevention
of storm water contamination.
109.8. Details of types of waste storage containers to be utilized.
109.9. Detail of access to waste collection area for waste collection vehicles.
The applicant shall implement the requirements of the WMP.
Environmental & Health Issues
110. Approval for the Underground Petroleum Storage System must be obtained under the
Dangerous Goods Safety Management Act 2001 and the Environmental Protection Act 1994.
The application for such approval shall be lodged with Council’s Environmental Health
Section and shall include an assessment by a competent person of the site’s class pursuant
to the “Operators Compliance Guide for Petroleum Product Storage”.
111. An annual licence is to be obtained from Council’s Environmental Health Section with respect
to the storage of flammable or combustible liquids in excess of the minimum amounts
permitted under the Dangerous Goods Safety Management Act 2001. Application for such
a licence is to be made prior to the issue of a development permit for building works.
112. In regard to any food premise an annual licence and registration of the premises is required
under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section
where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for
sale.
113. In regard to any hairdresser or beautician establishment an annual licence is required under
the Health Regulations 1996 from Council’s Environmental Health Section where
hairdressing or skin penetration is to be performed on the premises.
114. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments for approval by Council’s Environmental
Health Section, for any food premises proposed to be included in the development. Approval
is to be obtained prior to fitting out the building.
115. For café or restaurant the applicant must provide toilets for customers and staff in accordance
with the Building Code of Australia.
116. Separate plans are to be submitted detailing the location and outlet for any mechanical
exhaust system. The installation of any mechanical exhaust system is to comply with AS
1.668.2 and AS 1668.1.
117. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling hairdressing premises for approval by Council’s Environmental
Health Section, for any hairdressing or skin penetration premises proposed to be included in
the development. Approval is to be obtained prior to fitting out the building.
118. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
(a) Monday to Saturday, before 7:00am or after 6:30pm
(b) Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
119. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
water course. On the spot fines apply for such offences.
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120. For any medical center established on the site a clinical waste service is required for the
activities. The operator is required to arrange with a licensed clinical waste contractor for the
commencement of such service.
Trade Waste
121. The bin washing area is to be roofed and the floor is to fall to a bucket trap with the waste
pre-treated by a grease arrestor prior to discharge to the sewer. Rainwater is to be excluded
from the bin washing area. Bin washing is to take place only at the bin washing area.
122. Full truck access is to be provided to each grease arrestor and/or pre-treatment device for
cleaning and servicing. Where access is restricted, a pump out line is required.
123. Liquid waste generated by industry, small business and commercial enterprises is referred
to as Trade Waste.
124. Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage
system. Approval may be granted through the issuing of a Trade Waste Permit.
125. All Trade Waste requirements including pre-treatment devices must be shown on hydraulic
plans submitted to Council for approval.
126. Trade Waste requirements must be in place, inspected and approved prior to
commencement of trading or operation.
127. All trade waste pre-treatment devices must be easily accessible for servicing purposes.
Building Services
128. The applicant shall comply with the Disabled Discrimination Act (DDA) requirements in
relation to the installation of disabled access and the provision of disabled facilities, and
access to this building and the provision of sanitary facilities shall comply with the
requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
129. A Plan for equitable access for patrons of the development shall be prepared in consultation
with Council’s Equitable Access Reference Group prior to the issue of a development permit
for building works to the reasonable satisfaction of the Manager - Land Use.
General conditions
130. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any internal road frontage. Fencing shall not be installed within OS3.
131. Deleted.
132. Existing trees on the site and within road reserves are to be retained, except where removed
due to building operations or the conduct of the approved use. The landscape plans are to
denote areas of existing vegetation or existing trees to be retained. To this end, the design
of the internal loop road, pedestrian and cycleways, and swales within the development may
meander in order to facilitate the retention of any existing vegetation where practicable within
the proposed loop road area.
Security
133. Security in the form of a cash bond or trading bank guarantee to the sum of $500,000 must
be submitted, to secure performance of all conditions of this development permit, prior to the
issue of a development permit for operational works. If Council is required to draw against
this guarantee, the applicant will be required to ‘top up’ the guarantee until an amount of
$500,000 has been secured. The total amount of security required to be submitted to Council
shall not exceed $1,000,000. 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 this development permit.
Currency
134. This development permit lapses 4 years after the Development Permit takes effect.
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River Flooding
135. No development is to be undertaken below the Q100 line indicated on Stockwell Drawing
Q0201.01b/P dated 19th March 2003.
Eenie Creek Road
136. Prior to the use commencing the applicant shall, at no cost to Council, construct two
additional traffic lanes on Eenie Creek Road between Eumundi Road and Reef Street, to
Council’s reasonable requirements, all engineering standards to be generally consistent with
those applicable to the existing two lane construction and include works associated for an
intersection to the SBC off Eenie Creek Road required by Condition 138.
137. The use shall not commence until 31 January 2006 or until both Eenie Creek Road Stage 2
between Reef Street and Cooyar Street and Walter Hay Drive between Emu Mountain Road
and Eenie Creek are operational to traffic as two way, two lane roads, whichever first occurs.
138. The applicant shall design and construct, at no cost to Council, a two-lane circulating
roundabout intersection to the SBC from Eenie Creek Road, generally in the location shown
on the approved drawings.
The intersection and all associated works providing for connection of the pavement and
stormwater drainage infrastructure to the Eenie Creek Road infrastructure to be constructed
pursuant to condition 136, shall be constructed prior to the commencement of the use under
a development permit, and shall be to the reasonable satisfaction of the Manager Land
Development.
Walter Hay Drive
139. The applicant shall dedicate as road reserve, at no cost to the Council, sufficient land from
lot 1 on SP 100885 for the construction of Walter Hay Drive in accordance with Council’s
approved alignment generally as indicated in the planning and design concept for Walter Hay
Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027
revision B or as subsequently approved by Council for the detailed design.
140. The applicant will meet Council’s reasonable design costs and construct a northern
roundabout on Walter Hay Drive and two additional lanes between that roundabout and
Eenie Creek Road in accordance with Council’s approved alignment generally as indicated
in the planning and design concept for Walter Hay Drive, approved by Council on 1 May
2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently
approved by Council for the detailed design. The applicant will also undertake all design and
construction required to accommodate the necessary changes in alignment to provide
access and roadway capacity associated with this development
Possible Agreement
141. Deleted.
142. The applicant will construct the section of the internal loop road that is part of Stage 1 of the
SBC generally in accordance with the approved plans. Working drawings in respect of the
internal loop road shall provide road widths suitable for accommodating the traffic loadings
expected, allowing manoeuvring of all vehicles including articulated and accommodating
cycle and pedestrian paths generally in accordance with Council’s Engineering Standards
for roads of that type shall be to the reasonable satisfaction of the Manager of Land
Development and shall be submitted with the application for operational works. Road
pavement widths shall be reduced where possible to enable retention of vegetation.
143. The design of all sections of the internal loop road shall be consistent with Council’s normal
design standards, to facilitate possible future dedication of the loop road and the connections
to the external site access intersections.
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144. Internal roadways between the site access intersections on Walter Hay Drive and Eenie
Creek Road and the roundabouts on the internal loop road shall be constructed as four lane
divided roads and provide queue space of not less than 80 metres between intersection stop
or give-way lines for both entry and exit vehicles.
145. Roundabouts constructed on the internal loop road shall have a minimum diameter that
allows the largest vehicles required to access the SBC to negotiate them in an acceptable
manner, generally in accordance with drawing 4024/S18 Issue A prepared by MPN
Consulting Engineers.
146. Internal car park and service roadway access driveways to and from the internal loop road
shall be located as if the loop road was a public road, with driveways located clear of
roundabout queue areas, pedestrian crossings, etc, generally consistent with AS2890.1
147. Access to the existing childcare centre on the adjacent property (Lot 1 on RP 215933) shall
be retained at all times by the applicant. Should the existing access be affected by roadworks,
an alternate access is to be provided. Such access may be considered in the detailed design
for the construction of the westbound lanes of Eenie Creek Road between the access
intersection to the SBC and Eumundi Road as required by the conditions of this approval to
the reasonable satisfaction of the Manager - Land Development.
Public Transport
148. The applicant shall make provision for bus stops and bus routes on and through the subject
site without traversing through carpark areas, in accordance with the reasonable
requirements of Council and Queensland Transport. Such facilities should not compromise
the possible future development of a regional bus interchange in area E6 of MP2
149. Provision shall be made for the provision of public transport vehicles with their own access
road separate to parking isles other than staff carparking and clear of internal traffic queues
or congestion points generally in accordance with the approved plans for the development..
150. Provision shall be made immediately adjacent to the retail centre for a taxi rank able to
accommodate at least six taxis. This rank shall be located in an area close to major
pedestrian routes and where after-hours lighting and security will be maximised, under cover.
The rank should include provision for dedicated phone connections to local taxi companies.
Further provision for the bus spaces as shown on the approved plans shall be maintained..
151. Provision shall be made for state of the art electronic advice notices to advise patrons of the
timing of public transport services at the public transport set down and pick up area.
Car Parking
152. Carparking for the proposed development shall be generally in accordance with the approved
plans and the following:
152.1. The provision of 978 spaces for the Retail Centre Component
152.2. Showroom Component at a rate of 1 space per 36m² of showroom/homemaker floor
space TUA – 194 spaces.
152.3. Commercial/Business Component at a rate of 1 space per 23m² of
commercial/business floor space TUA - 217 spaces
153. Deleted
154. The car park for the Retail Centre and Showroom shall meet the objectives of MP2 3.5 (j).
155. The applicant shall ensure the carparking layout for the proposed development prevents
conflict between public transport, delivery and service vehicles and visitors cars generally in
accordance with the approved plans.
156. Aisle lengths in the car park in the B3 showrooms shall be maintained in accordance with the
approved plans to the satisfaction of the Manager Land Development..
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157. The car parking area shall be drained and the pavement (pervious and impervious)
constructed to access road standards to the reasonable satisfaction of the Manager - Land
Development. Plans and specifications for these works shall be submitted with and
application for a development permit for operational works.
158. All car parking shall be kept maintained and line-marked in a condition fit for use.
159. Disabled parking spaces shall be provided for each development component in accordance
with the requirements of AS2890.1, in respect of the number, design and location of these
spaces.
160. The design of the car parking areas will comply with the Australian Standards AS 2890.1 and
AS 2890.2.
Loading Areas
161. Deleted.
162. Deleted.
163. All infrastructure shall be kept clear of the OS3 area including the service roadway (with the
exception of the 5 metre area at the western end of building D of the Showroom Component)
and the garbage collection area. Should part of the existing road reserve adjoining the subject
site to the north be included into the site following the dedication of the land for proposed
Walter Hay Drive, it is accepted that this area of land can contribute towards the OS3 buffer
area to satisfy the requirement for the provision of OS3 under this development permit.
164. Deleted.
External Works Other Than Roads
165. Any necessary stormwater drainage systems required by the any external roadworks fronting
the proposed development as required by these conditions of approval, will need to be
constructed by the applicant as part of those works to the reasonable satisfaction of the
Manager Land Development.
166. Any necessary augmentation or installation of services will also need to be undertaken by
the applicant as part of this development to the reasonable requirements of the Council. The
services will need to be able to cater for the ultimate development of the SBC.
Pedestrian/Cycle Access
167. The applicant shall undertake all work indicated on Pedestrian and Cycle Management Plan
submitted as Annexure 6 as part of the representations to the decision notice issued 1 May
2003. The applicant shall construct all cycleways and pathways as shown on the Pedestrian
and Cycle Management Plan. To this end, the applicant is required to construct a shared
pedestrian and cycleway pathway in lieu of the pedestrian pathways indicated in black on
the Pedestrian and Cycle Management Plan.
168. The applicant will design and construct all works required by the approved Pedestrian and
Cycle Management Plan for the SBC, subject to any modifications required by these
conditions of approval.
169. The applicant will construct access from the SBC pedestrian and cycleway links to the
existing pedestrian/cycleway under Eenie Creek Road, which meets disabled access
requirements and has good sight lines into the pedestrian/cycleway tunnel under Eenie
Creek Road generally in accordance with option 2 on plan 4024 S26B by MPN Consulting
Pty Ltd.
170. The applicant will design and construct access from the pedestrian and cycleways shown on
the Pedestrian and Cycleway Management Plan to the proposed pedestrian/cycleway under
Walter Hay Drive, which has good sight lines into the structure. The applicant will be required
to contribute 50% towards the cost of the pedestrian/cycle underpass proposed under Walter
Hay Drive.
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171. The applicant will design and construct the external pathways for cycles and pedestrians on
Eenie Creek Road from Noosa Eumundi Road to the SBC access as part of this
development.
Stormwater Drainage & Water Quality
172. A Stormwater Management Plan for the site including revegetation and remediation shall be
prepared and submitted prior to the issue of a development permit for operational works to
the reasonable satisfaction of the Manger Land Development. The Stormwater Management
Plan shall be generally in accordance with URS’s Report of 19 June 2003” and include “and
shall be implemented by the applicant.
173. The Stormwater Management Plan will address the following:
173.1. Deleted.
173.2. Gross pollutant traps shall be installed inline on the piped systems for all paved
areas that do not fall to the proposed bio-retention devices prior to the run off
entering OS7;
173.3. All primary treatment of runoff will be outside the open space area OS7 to ensure
compliance with MP2;
173.4. Deleted.
173.5. The bio-retention areas within the car parks must be large enough to allow the
proposed planting to thrive and have a viable root system;
173.6. The detailed design of the stormwater management system shall provide for water
reuse within the site so as to ensure that the hydrology of the open space areas is
maintained while using a reasonable quantity of excess water generated by the
development within the site for non-potable purposes such as landscape watering
generally in accordance with the Concept Stormwater Management Plan to the
reasonable satisfaction of the Manager - Land Development. More detailed analysis
using MUSIC or equivalent suitable software is required to refine the water reuse
assessments as well as pollution management measures, with a one hour
(maximum) time step to be used;
173.7. Deleted.
173.8. The Site Rehabilitation Plan shall provide details about the revegetation of water
quality control devices located in the OS7 area and the Landscape Plan shall
provide details about the vegetation of water quality control devices in the developed
precincts. The Stormwater Management Plan shall demonstrate that the proposed
vegetation on the water quality control devices will adequately treat the stormwater
and achieve the required water quality.
173.9. Deleted.
173.10. Deleted.
173.11. Deleted.
173.12. Operational works stormwater management planning is to be included;
173.13. Deleted.
173.14. Deleted.
173.15. Details of the sediment and erosion control for construction management for the
development that adequately addresses the extent of site disturbance proposed;
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173.16. The establishment and operational phases for the project, including at least four per
year event based water quality monitoring as detailed in the draft concept
Stormwater Management Plan dated 19 June 2003, within the gullies of the site,
and in the receiving waters for:
• Total Nitrogen.
• Total Phosphorus.
• Suspended Solids & Turbidity.
• pH.
• Salinity.
• Temperature.
• Trash & gross pollutants.
• Algal count and identification.
• Faecal coliforms.
The applicant shall continue monitoring for a period of 5 years from completion of
Stage 1. The results of monitoring are to be submitted to Council in a digital form
acceptable to the Manager Land Development.
173.17. During the establishment and operational phases the applicant is to undertake
inspections for erosion and deposition, and build up of trash and gross pollutants,
and other water pollution. These inspections will be carried out after significant
rainfall events, and on a three monthly campaign basis for a period of five years
from completion of the final stage of construction. Corrective measures will be
implemented where indicated by such inspections.
173.18. For the construction phase at least four per year event based water quality
monitoring shall be undertaken for:
• Suspended Solids & Turbidity.
• pH.
• Temperature.
• Salinity.
• Trash & gross pollutants.
In addition to the above, inspections for erosion and deposition, and build up of trash
and gross pollutants shall be carried out on a weekly basis during the construction
period and corrective measures implemented.
173.19. An operational phase Water Quality Management Plan shall be prepared to address
water treatment device water quality maintenance requirements for stormwater
management measures and devices, contingency measures for aquatic plant
growth, loss of vegetation in swales, die off of trees and shrubs in or near any
devices, pollution response and algal blooms and shall include a mosquito
management strategy. The plan shall demonstrate compliance with the water
quality objectives set and a no worsening over the existing pre-development
situation in the site gullies, OS1, OS2 and OS4, in Eenie Creek and the freshwater
dam.
173.20. Responsibilities for all actions required in the plan are to be clearly delineated.
173.21. Non-compliance with prescribed water quality standards shall trigger the
implementation of measures/further testing to rectify.
173.22. Monthly reports on monitoring, incidents, corrective action and plan updates are
required to be submitted to Council during the construction period. These reports
are to be submitted in a form acceptable to the Manager Land Development
(including digital form) and are to highlight any non-standard results.
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173.23. Yield analysis using a 3-hour (maximum) timestep MUSIC or equivalent model is
required. This analysis will need to demonstrate the effect of the proposed works
on the water cycle in OS1, OS2, OS4, OS5 and OS7. This modelling shall be
undertaken and submitted with the application for operational works
173.24. The use of enhanced existing vegetation filtration or alternate methods not requiring
clearing is to be used for drainage works to OS5, instead of the proposed
construction extended detention basins.
173.25. Deleted.
173.26. The bio-retention devices shall be maintained by the applicant in good working order
at all times, so as to achieve their intended purpose including periodic replacement
of sand and soils. Inspection of the bio-retention devices shall occur at least once
every 5 years, and will provide a written report to the Manager Land Development
as to their condition and any remedial action taken or proposed to be taken.
173.27. Deleted.
174. All stormwater design and construction on the development will be undertaken in accordance
with the approved Stormwater Management Plan.
175. The applicant is to install water quality control devices generally in accordance with the
approved Stormwater Management Plan. Detailed staging plans and specifications, based
on and generally in accordance with the Plan are to be prepared and submitted (after
consultation with officers of the Council) with the relevant applications for operational works.
176. All easements required on downstream properties draining the site either by way of
underground drainage or overland flowpaths shall be obtained.
177. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare
engineering drawings and specifications for stormwater designs and shall be submitted in
conjunction with an application for a development permit for operational works (stormwater
drainage).
178. Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining
properties.
179. The stormwater discharge from the site shall be designed such that there is no net increase
in the rate of discharge as a result of the development for storm events up to 100 year ARI.
180. Stormwater drainage shall include measures to protect proposed allotments from run-off from
or to surrounding land. The design shall also address controls for gross pollutants, nutrient
runoff, oil and grease, and silt and sediment.
Underground stormwater systems shall be designed in accordance with Noosa Council’s
Engineering Design Standards, and shall be connected, where possible to Council's existing
drainage systems.
An easement of minimum width 4.0 metres shall be granted in favour of the appropriate party
over any Council maintained stormwater pipes that traverse private property.
Designs that concentrate stormwater onto adjoining land shall require separate formal
approval from the owner of the land or relevant Government Authority. Such approval shall
be submitted with the design in conjunction with an application for a development permit for
operational works (stormwater drainage).
181. The design plans detailing surface levels, which shall be controlled across the site of the
development to create as major storm event overland flow path system to cater for the 1:100
year design storm, shall be submitted in conjunction with a development permit for
operational works (stormwater drainage). Any overland flow from external catchments shall
be accepted and incorporated in the major event surface flow drainage system through the
site. Overland flows shall be discharged in a safe manner and the product of velocity time
depth shall not exceed 0.4 m2/sec.
182. All site drainage shall be by means of gravity systems.
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183. Drainage works are to be progressively undertaken in conjunction with development of the
site generally in accordance with the approved Stormwater Management Plan. Detailed
drainage plans and specifications, based on and generally in accordance with the approved
Drainage Plan, the EMP and these Conditions, are to be prepared and submitted (after
consultation with officers of the Council) with the relevant applications for operational works.
184. All drainage works as required by the Stormwater Management Plan are to be provided by
the applicant at its cost.
185. Deleted.
186. A minimum floor level freeboard of 0.3m shall be provided for business, commercial and
storage areas above the top water level of the stormwater overland flows.
Earthworks
187. Any excavation or filling works proposed behind the showroom development on the Eenie
Creek Road frontage is not to occur within the 10 metre OS3 area (with the exception of the
5 metre length of service roadway at the western end of building D) to ensure the protection
of the existing vegetation within this area, with the exception of the works required to provide
the pedestrian and cycleways beneath Eenie Creek Road and Walter Hay Drive and where
filling is required at the eastern end of the showroom development to allow for the
construction of Walter Hay Drive. The rehabilitation of the OS3 area is to be addressed in
the Site Rehabilitation Plan to the reasonable satisfaction of the Manager - Land Use.
188. Deleted
189. Deleted.
190. Deleted.
191. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill prior to such fill being placed. Batters within the loop road
reserve shall be at a maximum grade of 1:4 unless retained by a wall. In all other areas
batters will have a maximum batter as determined by a registered practicing Geotechnical
Engineer in consultation with Manager Land Development. Landscape treatment of the
batters will be a consideration in their agreed slope.
192. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill
and shall certify that all lots have been compacted to the required standard.
Any existing fill on the site that does not comply with Council’s requirements shall be removed
at the direction of the Manager Land Development prior to additional filling works
commencing.
193. Following completion of the filling works, the registered practicing Geotechnical Engineer
supervising the works shall submit compaction tests across the entire filled areas and a site
classification report for each lot subject to filling. The extent of fill and each lot site
classification shall be shown on a metes and bounds survey plan.
Acid Sulfate Soils
194. Where excavations are proposed below R.L 5.0m AHD a report shall be submitted from a
suitably qualified person in conjunction with an application for development permit for
operational works (earthworks), to determine if acid sulfate soils are present on site. If acid
sulfate soils are present on site the report shall also outline the required treatment and
management of the disturbed soils in accordance with the requirements of State Planning
Policy 2/02 ‘Planning and managing development involving acid sulfate soils’.
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Erosion & Sediment Control
195. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with an
application for a development permit for operational works (earthworks). Site control
measures such as silt fencing, controlled gravel access to the site and controlled disposal of
waste, may be necessary. Prior to commencement of building works, all physical site control
measures shall be installed, and the plan adhered to.
Town Water Supply
196. The applicant will construct at its cost a second feed in conjunction with the construction of
the Walter Hay Drive access if the anticipated loading on the system for the ultimate
development exceeds the equivalent of 35 tenements.
197. Sizes of the mains are to be a minimum of 150mm diameter and are to be confirmed by a
network analysis carried out by Councils consultants at the applicants cost.
198. A water supply master plan for ultimate development shall be to the satisfaction of the
Manager - Land Development and shall be submitted in conjunction with an application for
operational works (water supply). The Water Supply Master Plan will consider metering of
individual occupancies and common (body corporate) flows as well as the reticulation system
and valving arrangements. All water infrastructure will be designed and constructed in
accordance with the approved Water Supply Master Plan.
Sewer Capacity
199. The applicant at its costs will construct the proposed sewer rising main in the development
to discharge to Manhole NV40/01/18 in Eenie Creek Road.
200. The existing sewer pump station and rising main are to be upgraded by the applicant to the
standards and requirements as detailed in Councils Engineering Design Manual - Water &
Sewerage.
201. A Sewer Master Plan for ultimate development shall be submitted to the reasonable
satisfaction of the Manager Land Development in conjunction with an application for a
development permit for operational works (sewer works).. All sewer infrastructure will be
designed and constructed in accordance with the approved Sewer Master Plan.
202. All internal reticulation works (both water and sewerage) are to be constructed in accordance
with Noosa Council Engineering Standards for Water and Sewerage (depending on tenure
may be classified as private main when completed) and checked by Council with full as
constructed requirements as per Council standards.
Service Easements
203. All infrastructure shall be covered by easements where necessary to the reasonable
satisfaction of the Manager Land Development.
204. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement of Council’s or any other public utility’s
underground infrastructure must have its foundations designed so that no surcharge loads
are imposed upon such underground infrastructure. Foundations must be taken down a
minimum of 1m below a line of influence measured 1m in the direction of the foundation from
the centreline of the closest underground service and along the natural angle of repose of
the foundation soil type(s).
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Headworks
205. Headworks contributions are required for Water Supply and Sewerage and will be charged
in accordance with Council’s Planning Policies, PSP 28 - Water Supply Headworks
Contributions and PSP30 - Sewerage Headworks Contributions. These headworks are to be
paid by the applicant prior to the issue of a Development Permit for Building Works. An
estimate only of the expected contribution is:-
Retail Centre $466,608.00
Showroom & Commercial/Business $260,340.00
TOTAL $726,948.00
General
206. Prior to undertaking any excavation, the person acting on this permit shall contact public
utility service providers to ascertain the location of their underground services.
207. The applicant shall sign a written undertaking to be responsible for the full cost of repairs to
road pavement, footpath, kerb and gutter, or other Council property and facilities damaged
as a result of construction of the proposed development.
208. Where kerb and channel is constructed at a road intersection or any other place it is provided,
disabled access shall be incorporated.
209. No Council property or facility shall be interfered with during works associated with this
development without Council approval.
210. A Traffic Management Plan is to be prepared by a Registered Professional Engineer of
Queensland addressing safety during construction, including pedestrian safety, in
accordance with the Manual of Uniform Traffic Control Devices and Department of Transport
(Main Roads Division) Roadworks Signing Guide. A copy of which is to be submitted to
Council for their records prior to construction commencing.
211. All designs for engineering works involving the construction of pavements, kerb and channel,
vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
reticulation shall be prepared in accordance with the requirements of Council's Engineering
Design Standards, shall reference where applicable to Council’s Standard Drawings and
shall incorporate best engineering practice.
212. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction with an
application for a development permit for operational works.
213. Any alteration of a public utility or other facility necessitated by the development of the land
or associated construction works either internal or external to the site
214. Prior to commencement of the use, or a certificate of classification being issued (whichever
occurs first), a certificate shall be submitted to Council from a registered Professional Civil
Engineer of Queensland certifying that the operational works have been inspected and no
items have been identified that suggest the work has not been completed in a workmanlike
manner.
215. As Constructed drawings certified by a registered surveyor and a registered Professional
Civil Engineer of Queensland showing the extent and finished levels of the filling works are
to be submitted for Council's records, prior to the use commencing.
These drawings must fully detail levels for all engineering works including water supply and
sewer reticulation, drainage structures, building floor levels, finished ground levels effluent
trenches and pavement surface levels. Drawings shall be on transparencies, a hard copy
highlighting any changes from design and in electronic format on an IBM PC compatible
floppy disk in a format capable of integration with Council’s computer system.
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216. Fire hydrants are to be provided throughout the development in accordance with Council and
Queensland Fire Service standards.
217. Conduits and kerb markers shall be installed for all necessary service crossings of roads to
Council's satisfaction. An "As Constructed" plan showing the locations of the conduits shall
be submitted to Council prior to acceptance of the works "On Maintenance".
218. Prior to the use commencing, a State Survey Mark shall be provided within the site. It shall
be levelled and located to the requirements of the Manager - Land Development. A ‘Form 6’
shall be submitted for Council's records.
Each State or other Permanent Survey Mark shall be installed clear of overhead vegetation,
making it suitable for Global Positioning Equipment, and accurately connected to at least one
real property corner by a registered Surveyor.
219. The applicant shall satisfy all relevant requirements of the Water Act 2000.
220. The developer is to implement the use of small-scale solar photovoltaic powered pumps for
irrigation systems and power for outdoor lighting. The development should utilise a significant
amount of renewable energy produced on site.
221. Use of occupancy censors for HVAC, Lighting systems and Automated Toilet Flush systems
were appropriate.
222. Use only native tree species for landscaping to reduce the amount of water needed to be
pumped for on site irrigation. Only drip irrigations systems or systems with similar or better
water and energy conservation qualities are to be used on site.
223. Development does not result in obtrusive lighting as described in the Australian Standards
AS4282 “The control of the obtrusive Effects of Outdoor Lighting”.
224. Rainwater is captured on site and used to irrigate garden beds and for flushing toilets.
Rainwater storage tanks should be plumed, to allow refilling from mains supply, as well as
utilize the force of gravity for distribution.
225. All infrastructure within the site shall be maintained to the reasonable satisfaction of the
Manager Land Development.
Additional Conditions 13 April 2006 (Outdoor Dining)
226. Development undertaken in accordance with this approval must generally comply with the
approved plans of development and the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
BA0800 G Site Plan – Outdoor Dining, prepared by Stockwell 14/10/2025
DA900 D Site Plan – Existing, prepared by Stockwell 10/07/2025
DA901 D Site Plan – Awning Location, prepared by Stockwell 10/07/2025
DA1001 D New Awning Plan, prepared by Stockwell 10/07/2025
DA1003 D New Awning – Elevation, prepared by Stockwell 10/07/2025
227. Deleted
228. The outdoor dining areas associated with the Retail Centre component shall not exceed
599m².
229. The outdoor dining areas located along the northern façade of the Retail Centre (Area 2)
shall be reduced in size so as to allow the adjacent pedestrian pathway to have a minimum
width of 2 metres. The outdoor dining landscaped buffer shall have a minimum width of 1.2m
is to be provided as shown on the approved plans.
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230. The eastern area of the Retail Centre (Area 3) shown on the approved plans comprising
155m² is to include 2 trees in pots located on the proposed dining area.
231. A total of 15 carparks and 7 motorcycle spaces are to be provided for the development in
addition to the carparks and motorbike spaces required by the Negotiated Decision Notice
dated 14 August 2003
232. Pedestrian access to all shop entrances shall be kept clear at all times.
233. Any paved or deck areas are not to be enclosed with shutters, glass panelling, fixed roofs or
the like, thus remaining as open areas.
234. All outdoor dining areas shall not include roll-up or drop plastic sheeting.
235. Any shade covers proposed shall be removable or retractable such as umbrellas and roll-
back awnings and be constructed from lightweight materials of natural muted earth tones to
compliment the approved building to the reasonable satisfaction of the Manager Land Use.
Fixed non-retractable shade covers shall not be utilised.
236. Landscaping shall be constructed as indicated on the approved concept plans. Appropriate
species and pot sizes must be approved by the Manager Land Use prior to the
commencement of landscaping construction. The species selected shall be in accordance
with the requirements of the approved Landscape Management Plan.
237. The following additional contributions shall be paid to Council in accordance with Planning
Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and
Sewerage Headworks Contributions respectively and at the rates applicable at the time of
payment. An estimate only of the contribution rates under the current policies is outlined
below. These amounts will adjusted in line with changes to the Consumer Price Index, All
Groups Brisbane from December 2005 until the date of payment.
Water Supply $1,914
Sewerage $1,046
TOTAL $2,960
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
Car Wash Facility
238. Waste water and stormwater management shall be in accordance with the Hydraulic
Services Plan and Stormwater Management Plans dated 27 February 2018
239. Contaminants or contaminated water must not be directly or indirectly released from the
premises or to the ground or groundwater at the premises except for:
i. Uncontaminated Overland Stormwater flow;
ii. Uncontaminated Stormwater to the stormwater system;
iii. contaminants released to sewer under and in accordance with a trade waste
permit
240. Releases to water must not cause any visible oil slick or other visible evidence of oil or
grease, nor contain visible, grease, scum, litter or floating oil.
241. The Holder must ensure that:
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i. maintenance and cleaning of equipment (including vehicles and plant) is carried
out in an area where contaminants cannot be released into stormwater drainage,
a roadside gutter, a water or onto unsealed ground;
ii. any spillage of contaminants is cleaned up immediately by a method other than
hosing, sweeping or otherwise releasing the contaminants into stormwater
drainage, a roadside gutter or a water.
iii. incident rainfall and overland flow of stormwater does not contact contaminants
242. Any proposed signs, fences, landscaping and barriers (permanent or temporary), particularly
along the northern end of the car wash facility and excluding the approved structures, must
not obstruct sight distances or compromise the widths of existing traffic lanes and parking
aisles.
243. Appropriate line marking must be provided in accordance with the consulting engineer’s
recommendations to demarcate the proposed car wash area/s and the allocated reserved
parking spaces.
244. The works must be constructed in accordance with a Construction Management Plan
prepared by a suitably qualified person and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. iA Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe and unobstructed traffic environment near the construction
site.
iii. Maintenance of safe pedestrian access across the frontage of the construction
site both during daily construction and after daily construction has ceased.
iv. Proposed fencing to the site during the construction phase of the development.
v. Adequate parking arrangements for construction workers to minimise impact on
the customers and users of the parking areas.
vi. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures
vii. 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 and services and other relevant issues.
Shade Structure Landscaping
245. The landscape beds either side of the two (2) main car park entrance ways at the north end
of the main car park must be planted with mature trees to form an entrance feature and
provide softening to the shade structures and car park. In this regard, a total of twelve (12)
trees must be planted within a mixed planting arrangement and sustained for the long term
by the means of suitable soil preparation and maintenance scheduling. The trees must
comprise:
245.1. Six (6) x Elaeocarpus eumundi (100 litre pot size)
245.2. Six (6) x Lophostemon confertus (100 litre pot size)
246 Any pruning of existing trees to be retained must not exceed 20% of the canopy OR (must
be carried out in accordance with AS 4373-2007 Pruning of amenity trees.
Supervision/Certification
247 Prior to commencement of use of the shade structures the following (prepared by respective
qualified persons* and certifying compliance with approvals) must be submitted to Council:
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247.1 Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
247.2 Australian Standard AS2303 - Tree Stock for Landscape Use certification
(assessment of tree quality addressing each specimen).
248 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.
249 All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
ADDITIONAL CONDITIONS 18 FEBRUARY 2022
250 Conduct the use in accordance with the noise assessment report prepared by ALC “Noosa
Civic – DA Noise Impact Assessment” Revision 9 dated 13 October 2021 and the approved
drawings prepared by MPN Consulting, except where varied by the conditions below:
a. Chillers are switched off at 9pm and shall not be operational during the time period
9pm to 7am.
b. Mechanical plant adjacent and within the loading dock areas (excluding compactors)
is limited to the time periods of:
i. Monday to Saturday 7am to 9pm Monday; and
ii. Sunday 8am to 6pm.
c. Compactor operation at the loading dock area is limited to the time periods of:
i. Monday -Wednesday, and Friday to Sunday 8am to 6pm Monday; and
ii. Thursday 8am to 9pm.
d. Kitchen exhaust fan operation is limited to the time periods of:
i. Monday to Saturday 7am to 9pm Monday; and
ii. Sunday 8am to 6pm.
e. Loading dock operating hours inclusive of vehicle access, departure and
loading/unloading operations is limited to the time periods of:
i. Monday to Saturday – 5am to 9pm; and
ii. Sunday- 8am to 6pm.
f. Install and maintain a gate to the loading dock area off Hofmann Drive which limits
vehicle access and egress to the time periods:
i. Monday to Saturday – 5am to 9pm; and
ii. Sunday- 8am to 6pm
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g. Erect signage at the entry and along the boundaries of the loading dock area that clearly
identifies:
i. Speed Limit of 10km/h
ii. No refrigerated trucks are to enter the site until the dock is available and must
not otherwise park with engine/refrigeration unit idling unless at the dock.
iii. All non refrigerated trucks must switch off engines when stationary on site ie
parked or at the dock.
h. All vehicles accessing the loading dock must meet the loading dock requirements
specified in condition 250g above.
i. Trolley collection in external areas is limited to the time periods of:
i. Monday to Saturday - 8am to 9pm; and
ii. Sunday – 9am to 6pm.
j. Erect and maintain acoustic barrier/wall elements to rooftop mechanical plant as
identified in Section 7.3 of the ALC Report including Figure 11 and MPN Drawings
S2.01A and S2.02A, including:
i. Solid gap free barriers with a minimum surface density of 12 kg/m2 constructed
to a minimum height of 0.5 metres above the top of the mechanical plant to the
locations and extent shown by the yellow lines in Figure 11; and
ii. Solid gap free wall comprising Acoustimax 75 mm wall panels to replace the
standard louvres along the southern wall of the mechanical plant area as marked
as a red line in Figure 11. The panels shall be full height with no gaps or holes.
Acoustic Barriers to Boundary
251. Erect and maintain Acoustic Barriers of height 2.0, 3.0 and 4.0 metres above the adjacent
loading dock pavement level as identified in Section 7.2 of the ALC Report and MPN
Drawings SK-S.01(C), S1.01B and S1.02B. The acoustic barriers are to be gap free and
constructed of suitable materials to achieve a minimum surface density of 12 kg/m2
5. REFERRAL AGENCIES
CONCURRENCE AGENCY CONDITIONS (PETROLEUM PRODUCT STORAGE - ERA 12)
The development contains a service station and fuel storage, which is classified as an
Environmentally Relevant Activity Level 2. The following schedule (Schedule A) details the
environmental conditions that apply to the environmental authority for the conduct of the activity.
SCHEDULE A
Noise
1. The emissions of noise from carrying out the environmentally relevant activity must not result
in levels greater than those specified in table 1.
TABLE 1.
NOISE LIMITS AT A NOISE SENSITIVE PLACE
Period
Noise Level at a Noise Sensitive Place measured as the Adjusted
Maximum Sound Pressure Level
LAmax adj, T
7 am - 10 pm Background noise level plus 5 dB(A)
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10 pm - 7 am Background noise level plus 3 dB (A)
Period
Noise Level at a Commercial Place measured as the Adjusted
Maximum Sound Pressure Level
LAmax adj, T
7 am - 10pm Background noise level plus 10 db(A)
10 pm - 7 am Background noise level plus 8 db (A)
Air
2. Where Petroleum products are to be transferred from a delivery vehicle to an underground
fuel storage tank, and where an installation receives collectively more than 520 kilolitres of
petroleum product during a twelve (12) month period, then the underground fuel tank and
delivery vehicle shall be fitted with “Vapour Recovery System” equipment. Such equipment
shall be installed in accordance with Australian Standard (AS) 1940, Australian Institute of
Petroleum (AIP) CP6-1986 and AIP CP4-1993.
3. The aboveground tank shall be fitted with a “pressure vacuum valve” on the atmospheric
vent. The pressure vacuum valve shall be set to closed when the pressure in the tank is
between the design operating maximum pressure and the design operating maximum
vacuum in accordance with AS 1692.
Wastewater and other Liquid Waste
4. Wastewater and other liquid waste shall be discharged to sewer or transported to an
approved hazardous waste facility. The licensee must comply with the conditions of a current
trade waste permit issued of the site and/or conditions of an approval to transport to an
approved hazardous waste facility.
5. Vehicle or equipment wash down shall not be conducted in a manner which may cause the
contamination of surface stormwater run-off.
6. Wastewater from car washing must not be directed to the stormwater and can only be
directed to sewer under the conditions of a trade waste permit.
7. Drainage from paved forecourt and areas on which a vehicle can stand while being fuelled
or transferring petroleum products, shall be directed by appropriate surface grading into
grated sumps, floor silt arrestors, floor basket arrestors, gutters and/or grated drains leading
to underground drainage systems dedicated only to stormwater runoff, which finally
discharge into stormwater drainage systems as approved by the local authority.
8. Uncontaminated stormwater from roofed areas and uncontaminated ground areas shall be
directed away from petroleum loading and dispensing areas.
9. Wastewater and other liquid waste shall not be discharged or released to waters.
10. Provision shall be made to contain any leakage/spillage and contaminated waste water from
above ground petroleum product storage tanks and package storage areas, and to prevent
it from contaminating surrounding soil and stormwater. As a minimum, spill control measure
shall be in accordance with AS 1940.
11. Drainage from tank and package store bunds and compounds must be manually controlled
so that all wastewater passes through treatment facilities before release to the environment.
Any valve controlling the drainage from a compound shall be located outside the bund. The
valve shall be of a type in which the distinction between open and closed positions is obvious
and shall be closed and locked at all times except when flow to the treatment facility is
authorised by management.
12. Provide a notice adjacent to the bund valve displaying the following:
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13. “Bund drain valve to be kept closed and locked”
14. Minor spills shall be controlled by use of absorbent material such as rags, kitty litter or similar
and disposed of with industrial refuse.
15. Provide fill point to aboveground tank inside bund containment with a dry break coupling or
spill tray to prevent incidental spill during refueling.
16. Clean and maintain bund compound integrity at all times.
Solid Waste
17. All solid waste shall be removed from the premises to an approved waste facility by a licensed
waste transporter.
General
18. All storage of flammable and combustible liquids must be stored in compliance with
Australian Standard AS 1940 - 1993 “The Storage and Handling of Flammable and
Combustible Liquids”. If storage limits exceed minor storage, then an application for licence
for the storage of flammable and combustible liquids must be lodged with the local authority.
19. Develop an inventory control system. Such inventory control measurements shall be
reconciled by comparing product and water level measurements with dispenser metre
readings and deliveries. The reconciliation shall be conducted for each individual tank each
day that product is added or removed from the underground storage tank. The inventory
control computations on any loss or gain of product shall be included with a monthly summary
of cumulative losses or gains of product.
Note: Inventory control records and reconciliation data shall be:
a) maintained and kept on site
b) kept in an acceptable manner and format
c) made available to the administering authority
d) maintained for a minimum of 5 years
20. When a loss of product or discharge is indicated by any unexplained variation greater than
0.5% in the inventory reconciliation, the operator shall immediately notify the Administering
Authority.
21. In the event of a situation creating environmental harm pertaining to a spill, leak, fire,
explosion or similar, the Administering Authority shall be notified and advised of the incident
and circumstances as soon as reasonably practicable after becoming aware of the event.
22. All mechanical and electrical leak detection equipment shall be inspected and tested
annually. All records shall be kept on site for a minimum of 5 years.
23. Ensure tank abandonment is carried out by either removal of the tank, or filling the whole of
the tank with an inert soil material such as sand, concrete or other approved material, and
the disconnection of all pipes from the tank as stipulated in AS 1940 and the Contaminated
Land Act.
24. Ensure all persons working on site where petroleum products are stored shall have relevant
training in accordance with AS 1940 clause 9.3.
25. Ensure that the premise is licensed with the Local Authority under the Dangerous Goods and
Safety Act 2001.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Shade Structure Landscaping
1. Qualified Person, for the purpose of:
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a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
Infrastructure Charges
2. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works (Car Wash)
10. SUBMISSIONS
Application No. 132002.220285
There were 3341 properly made submissions were received. 1125 not properly made submissions
were received.
Application No. 132002.220285.5
There were no submitters.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. Referral Info - SARA details Insert Autotext SARA (F3) – otherwise delete
DECISION NOTICE HISTORY
• Original Decision Notice – 1 May 2003.
• Negotiated Decision Notice with an amendment to a development permit and a number of conditions – 14 August 2003.
• Compiled Decision Notice with an amendment to condition 138 – 17 March 2005.
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• Compiled Decision Notice with inclusion of 12 additional conditions – 13 April 2006.
• Other Change Decision Notice – 132005.22085.5 – 17 May 2018 – to amend the description of the development in the Decision
Notice to include the use, approved to change conditions 4.2 and 152 and include conditions 238,239,240,241,242,243 and 244
on 17 May 2018.
• Generally in Accordance 132002.220285.6 – Returned.
• Generally in Accordance 132002.220285.7 – 5 December 2018.
• Generally in Accordance 132002.220285.8 – 16 January 2019.
• Generally in Accordance 132002.220285.B – 12 June 2020
• Decision Notice – Minor – 132002.220285.A – 26 June 2020, with an amendment to conditions 4 and additional conditions 245,
246, 247, 248 and 249.
• Generally in Accordance – 132002.220285.C – 28 September 2021.
• Decision Notice – Minor – 132002.220285.D – 18 February 2022, with an amendment to condition 4 and include additional
conditions 250 and 251.
• Decision Notice – Minor – 132002.220285.E – 19 May 2022, with an amendment to condition 5.
• Decision Notice – Minor – 132002.220285.F – 4 August 2022, with an amendment to condition 4.
• Decision Notice – Minor – 132002.220285.G – 10 November 2023, with an amendment to conditions 4 and 152.
• Decision Notice – Minor – 132002.220285.H – 30 April 2024, with an amendment to condition 4.
• Decision Notice – Minor – 132002.220285.I – 27 October 2025, with an amendment to condition 226, delete condition 227 and
correct administrational errors.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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