Change Existing Approval - 132002.220270.3 · 132002.220270.2

Officer:	Glen Conforti
Direct Telephone:	07) 5449 5228
Fax:	(07) 5475 7277
Our Reference:	GC007:ae:132002.220270.3
Your Reference:	na
16 November 2012

Mr D Gardiner
PO Box 1184
NOOSAVILLE BC  QLD  4566

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 15 November 2012, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	132002.220270.3
Street Address:	2/61 Gateway Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 2 SP 189445
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following types of approval have been issued:
Development Permit for Material Change of Use - Service Industry, Warehouses and Service Shops
Development Permit for Reconfiguration of a Lot – 12 Allotments

In relation to the representations made, Council at its meeting of 10 April 2003, resolved to:-
A.	Approve a change to Conditions 1, 7, 12, 16, 31, 35, 39 and delete condition 45 of Material Change in Use of Premises - Service Industry, Warehouses and Service Shops.
B.	Refuse to alter Condition 3, 10, 49 and 57 of the Material Change in Use.
C.	Approve a change to Conditions 23, 24 and 40 of Reconfiguring a Lot (12 Lots)
D.	Agree to delete conditions 35 and 44 of Reconfiguring a Lot (12 lots).
E.	Refuse to delete condition 29 of the Reconfiguring a Lot (12 lots) because unrestrained batters of 1:2 are likely to require greater maintenance as stormwater runoff is likely to affect the stability of the slope and sediment exportation will result.
In relation to a request to make a change, Council on 17 July 2003, resolved to amend condition 49 of the Material Change of Use component and condition 29 of the Lot reconfiguration component.
In relation to a request to change conditions of the approval, Council on 31 January 2005 resolved to approve a change to Conditions 3 and 25 of the Material Change of Use Component, and include one additional condition.

In relation to the request to make a change to the existing approval, Council on 15 November 2012 decided to:
A.	Approve a change to Condition 1
B.	Include an additional Advisory Note.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is in accordance with that stated in the Negotiated Decision dated 10 April 2003, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

CONDITIONS FOR MATERIAL CHANGE OF USE COMPONENT
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are numbered 1 to 15 prepared by Herwig Hartl, and Site Plan  Sheet 1 of 3 dated 27/9/10, Floor Plans – Sheet 2 of 3 dated 27/9/10 and Elevations and Section Details – Sheet 3 of 3 dated 27/9/10 prepared for GMS Corp Pty Ltd.
This approval is for Service Industry, Warehouses and Service Shop uses only.
At least 30% of the area of the site is to be densely landscaped.  Any one lot shall not have less than 26% of the area densely landscaped.  Where uncovered parking areas exceed 300m2, at least 5% of the parking area is required to be landscaped with such landscaping to include shade trees.
There is to be no storage of any materials or use of the landscaped setback area along the western boundary.
There are to be no openings, vents or other mechanical units located on the western elevations of the buildings.
The building on proposed Lot 10 is to be mirror reversed so that the buildings currently along the southern boundary are located along the northern boundary.
A colour scheme for each lot indicating earthy colours for each building is to be submitted and approved by the Manager Land Use prior to issue of the Development Permit for building works applications.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
The setback along proposed lots 3, 4 & 5 is to be increased to 10 metes to better reflect the strategic plan designation and provide a wider buffer to the adjoining residential properties. All native vegetation within this area is to be retained.
Roof and surface water is to be collected on site and is to be discharged through a single underground drain line to the adjoining parkland at the rear being Lot 502 on RP 867 858 to the reasonable satisfaction of the Manager - Land Development.
	A Development Permit for Building Works shall not be granted until a Development 	Permit for Operational Works has been issued in regard to the drainage scheme.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained. The landscape plan is to clearly demonstrate:-
Dense plantings of tree species along the western boundary. At least 50% of the plantings are to be mature plants of a minimum 45-litre pot size. Five 100-litre pot sized trees are to be provided in this area.
Each proposed lot shall have having 2 X 100 litre trees located on site at the front of the site facing the new road.
Retention of existing vegetation in the western setback areas.
The two Eucalyptus trees located within proposed Lot 3 are to be retained. To ensure retention the applicant is to: -
Peg out the proposed building footprint prior to any works commencing..
Identify on site with a Council officer and applicant’s contractor, which limbs are to removed, at what levels and to clearly mark/identify the trees with identification tape.
A 1m X 1m notice is to be prepared and erected beside the trees stating what is happening to them to allay local residents fears
The balance of the site clearing is to be completed leaving clear and safe access to the subject trees
The limb pruning to be completed and removed limbs removed from the site
Inspection by Councils and applicant’s contractor of the work.
	Should any damage occur to the trees Council reserves the right to require the 	installation of suitable replacement trees to the satisfaction of the Manager Land Use.
Any advertising sign or device is to comply with the provisions of Council's policies signage policy.
All goods are to be displayed on site within the property boundaries. There is to be no display of goods on the streets about the site.
Security in the form of a cash bond or trading bank guarantee to the sum of $125,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 16th January 2007, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.

Land Development
Vehicle Access
All vehicles shall enter and leave the site in a forward direction.
Access to each lot shall be constructed in accordance with Council’s Engineering Design Standards and Standard Drawings.  The surface of which shall be slip resistant for pedestrians. A Development Permit for Operational Works shall be obtained prior to the commencement of any works.
Loading Areas
A loading zone shall be provided within each warehouse and accessed via a roller door.  This space should be kept clear and line marked as a loading zone and be the of sufficient dimensions to accommodate a Small Rigid Vehicle and of sufficient length to enable the rear doors of a delivery vehicle to be opened without protruding into the circulating aisle as well as room for a delivery person to load and unload the vehicle.
The loading zone shall also be at least 2.6 metres in width and at least 6.7 metres long in line with AS2890.2 - 1989, Off-street parking, Part 2: Commercial vehicle facilities.
Carparking
Carparking shall be provided within the site as shown on drawing number 2-13 inclusive for Surfglade Pty Ltd, undated by Herwig Hartl, except as modified herein.
Uncovered carparking shall be provided in accordance with Table 3.1 of the Schedule to the Planning Scheme.  A minimum of 194 uncovered carpark spaces shall be provided on the site.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
The car park marked as space 13 on Lot 1 and spaces 8 & 9 on Lot 12 shall be deleted, as a passenger vehicle is unable to enter and exit these spaces in two vehicle movements.  The adjoining spaces may be increased in width to allow for this amendment.
Frontage Works
No Council property or facility shall be interfered with during works associated with this development.
All new roads shall be constructed to Council's standards, including the provision of kerb and channel, asphaltic concrete pavement and formed footpath, as follows:-
Industrial roads shall be 25 metre road reserve, 13 metre AC kerb to kerb
The new road shall be constructed with the following:-
Construction of new kerb and channel;
Vehicular access to each lot
Associated stormwater drainage to connect to the existing stormwater drainage system capable of accepting additional inflow;
Hot mix correction to existing pavement as required;
A Development Permit for Operational Works shall be obtained prior to undertaking these works.
Where the proposed road reserve abuts the adjoining property (Lot 25 on SP 151406) a road reserve dedication of 20 metres is acceptable, although a full width construction as described within the condition above is required.
Roadworks Contribution
A roadworks contribution of $24,457 towards the upgrading of Eumundi Noosa Road shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2002 until the date of payment.  The money will be used for the widening Eumundi Noosa Road, between Eenie Creek Road and Beckmans Road (Stage 3).
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged to the street drainage system.  In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to the street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter the stormwater drainage system, stormwater run-off from the carparking areas and the driveways of each lot shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
A gross pollutant trap shall be provided at the termination of the street drainage system.  In addition to this, a stormwater detention device shall also be provided to reduce the velocity of water entering the lake system.  Both these devices may be located within the road reserve, which may require amendment to accommodate the devices.
All site stormwater drainage shall be by means of a gravity systems.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where leased buildings are served by a single service, multiple water meters to each leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements
Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey.
Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles Office forms or requisitions requiring the consent of Council being attended to forthwith.
An easement over the proposed stormwater drainage through the site shall be dedicated to Council, at no cost to Council. The width of the easement shall be sufficient to provide a minimum of 1.5 metres either side of the designed drainage structure and shall be a minimum width of 4.0 metres.
Registered easements are to be provided on the Plan of Survey over all sewerage mains within private property. Easements are to be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment. Easements are to be provided parallel to and centred over the sewer line, with a minimum width of 3.0 metres.
Deleted.
No building or other structure shall be constructed or encroach over an easement.  Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre 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).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works.
Headworks
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 as of September 2002 under the current policies is as follows:
Water Supply	$43,894
Sewerage	$41,349
TOTAL	$85,243
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.
Earthworks
Where a change in the levels of the site outside of an existing or proposed road reserve is approved, the site shall be filled or cut so that each lot drains towards a road frontage unless an existing or proposed drainage system will collect stormwater from off each lot and discharge the stormwater to an adequate Council stormwater drainage system.
Such works undertaken on the site shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" Manual so as not to cause any ponding of water on any adjoining land, or the blockage of, or interference with any natural watercourses.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper to the existing levels prior to the rear boundary of the property. Batters shall be at a maximum grade of 1:2 unless retained by a wall provided appropriate sediment and erosion control measures are approved by Council as part of an Operational Works Permit prior to the commencement of earthworks.
Any existing fill or natural materials on the site or with the extent of approved works external to the site which do not satisfy the Manager - Land Development's or a Geotechnical Engineer's requirements shall be removed and replaced with suitable material.
These batters will be planted out with appropriate species endemic to the area in order to provide a maintenance free batter (ie does not require mowing).  The species will also be of a type that will cause no detrimental edge effects on parkland or ecosystems downstream of stormwater outlets.
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.
Following completion of the filling works and prior to endorsement of the Plan of Survey, 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.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment shall be prepared by a qualified Geotechnical Engineer and submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
The following steps shall be undertaken prior to commencement of any construction:-
The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to commence works.
The Principal Contractor or any of his subcontractors shall not undertake any works unless each contractor has public liability insurance in the sum of $10,000,000 and copies of current public liability insurance policies are submitted to Council’s inspector.
The Principal Contractor shall nominate a site representative and give a telephone number that can reach the site representative at any time during a 24-hour day.
The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's requirements for construction of access.
All signage, including that for safety during construction, shall be in accordance with the Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks Signing Guide.
A programme of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
Operational works shall be carried out in a manner that prevents:-
Pollution of a waterway
Dust/sand nuisance to residents in the vicinity
Transfer of dirt and debris onto a public road
Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)
Excessive traffic delays (less than 5 minute delays)
Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of construction equipment etc.)
Where operational works are likely to affect nearby residents, at least 3 days notice of commencement of work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to affected residents.

Environmental Health
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.
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.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers.   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.
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.
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.
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.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land 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.
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.
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
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.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
Noise Control
Hours of operation limited to between 7.00am and 10.00pm hours daily.
Proposed buildings constructed from tilt slab concrete, at least for the rear walls and sidewalls.
No openings in any of the walls with line of sight to the closest residences - rear walls or sidewalls - no doors or windows.
Roof to be sheet metal or similar, with sisalation and minimum 50mm thick thermal insulation below the complete surface area of the roof.
All plant and equipment, eg compressors, blowers, etc, to be located inside the proposed buildings, with the only exception being any air conditioning plant. Any air conditioning plant should be located on the roof adjacent the front façade of the proposed buildings or adjacent the front façade itself. Air conditioning plant must not be located outside of any side or rear walls.
Where there are gaps between the proposed buildings, at the end of this gap closest to the residences a minimum 2 metre high acoustic barrier is required. If necessary, these acoustic barriers could have gates incorporated into them. Suitable materials for construction for these acoustic barriers are:-
reinforced concrete;
concrete block;
hebel;
brick;
lapped timber palings, provided the palings a minimum 22mm thick kiln dried softwood or approximately 15mm thick hardwood;
earthmound;
fibrous cement sheet, provided the sheeting was a minimum 7.5mm thick;
any combination of the above.
For any gates incorporated into the acoustic barriers, the tops of the gates must be the same height as the barriers, with as small a gap as possible at the base of the gate. The gate must be constructed of lapped 22mm thick kiln dried softwood palings, approximately 15mm thick hardwood palings or approximately 7.5mm thick fibrous cement sheeting. Opening for gate to be fully jammed on both sides.
Any fan outlets that must penetrate the roof must be located and/or attenuated to ensure that their operation complies with the noise limits at the closest residences.
Further Development Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for building works;
Development Permit for operational works of landscaping, colour scheme, car parking and access, frontage works, stormwater disposal, sediment and erosion controls filling of the site, site civil works, roadworks, stormwater drainage, sewer reticulation (including new mains), water reticulation, site filling.

Additional Condition 31/01/05
No dividing fences are to be erected along the common side boundaries of lots.

CONDITIONS FOR LOT RECONFIGURATION COMPONENT
General
For the purpose of these conditions, the following definitions apply: -
A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
A registered Professional Civil Engineer means an civil engineer who is listed under the Institution of Engineers, Australia “National Professional Engineers Register 3” (NPER 3) or an engineer who is registered in Queensland pursuant to the Professional Engineers Act 1988.
Car parking area means a parking area as defined in the Schedule to the Shire of Noosa Planning Scheme inclusive of manoeuvring areas and access from the roadway.
The person acting on this permit means any person or company who undertakes development pursuant to this permit.
AS 2890.1 – 1993 means Australian Standard for Off Street Car parking - AS 2890.1-1993.
Principal Contractor means the person nominated by the Applicant and approved by the Manager - Land Development at a pre-start meeting as being responsible for the major component of works associated with a Development Permit for Operational Works of any works on the site.
The lot reconfiguration shall be in accordance with plans numbered 1 to 11 prepared by Herwig Hartl except as modified herein.
Pursuant to Section 3.5.21(6) of the Integrated Planning Act 1997, the currency period is four (4) years from the day this permit takes effect during which time all conditions must have been complied with, operational works completed, and the Plan of Survey lodged with the Council for endorsement.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Pursuant to Section 3.7.3(b) of the Integrated Planning Act, all outstanding rates and charges due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to endorsement of the Plan of Survey for each stage.
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.
The person acting on this permit shall apply and obtain for all other necessary permits including crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals required under any other Act.
 Prior to commencement of work relating to a Development Permit for Operational Works, 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 damaged as a result of construction of the proposed development.
If any person acting under this permit damages any Council property or facilities (such as underground drainage, water supply and sewerage) , through any cause whatsoever in the course of, directly or indirectly carrying out development, that person shall forthwith notify the Manager - Land Development and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land Development.  Alternatively, the Applicant may request the Council to carry out the rectification works.
Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be undertaken by either Council or a Council approved contractor.
In all cases, Council reserves the right to carry out rectification works in an emergency and where no reasonable attempt has been made to complete the rectification works as part of the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the endorsement of the Plan of Survey.
No Council property or facility shall be interfered with during works associated with this development.
The following steps shall be undertaken prior to commencement of any construction:-
The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to commence works.
The Principal Contractor or any of his subcontractors shall not undertake any works unless each contractor has public liability insurance in the sum of $10,000,000 and copies of current public liability insurance policies are submitted to Council’s inspector.
The Principal Contractor shall nominate a site representative and give a telephone number that can reach the site representative at any time during a 24-hour day.
The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's requirements for construction of access.
All signage, including that for safety during construction, shall be in accordance with the Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks Signing Guide.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
A programme of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
Operational works shall be carried out in a manner that prevents:-
Pollution of a waterway
Dust/sand nuisance to residents in the vicinity
Transfer of dirt and debris onto a public road
Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)
Excessive traffic delays (less than 5 minute delays)
Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of construction equipment etc.)
Where operational works are likely to affect nearby residents, at least 3 days notice of commencement of work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to affected residents.
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.
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.
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 shall be at no cost to Council.
Future Permits Required
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work: -
Access and/or car parking
Site Civil Works
Roadworks
Stormwater Drainage
Sewer reticulation including new mains
Water reticulation
Site Filling
Landscaping
Vehicle Access
Access to each lot shall be constructed in accordance with Council’s Standard Drawings.
All new roads shall be constructed to Council's standards, including the provision of kerb and channel, asphaltic concrete pavement and formed footpath, as follows:-
Industrial roads shall be 25 metre road reserve, 13 metre AC kerb to kerb
The new road shall be constructed with the following:-
Construction of new kerb and channel;
Associated stormwater drainage to connect to the existing stormwater drainage system capable of accepting additional inflow;
Hot mix correction to existing pavement as required.
A Development Permit for Operational Works shall be obtained prior to undertaking these works.
Where the proposed road reserve abuts the adjoining property (Lot 25 on SP 151406) a road reserve dedication of 20 metres is acceptable, although a full width construction as described within the condition above is required.

Earthworks
Prior to excavating any material to be used for fill on this site, a Development Permit for Operational Works shall have been obtained for the site from which the excavated material is taken. A soil report shall be submitted with the application certifying that the material is free of acid sulphate soils and other deleterious materials.
Where a change in the levels of the site outside of an existing or proposed road reserve is approved, the site shall be filled or cut so that each lot drains towards a road frontage unless an existing or proposed drainage system will collect stormwater from off each lot and discharge the stormwater to an adequate Council stormwater drainage system.
Such works undertaken on the site shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" Manual so as not to cause any ponding of water on any adjoining land, or the blockage of, or interference with any natural watercourses.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself however the battering of earthworks into the adjoining property to the east (Lot 25 on SP 151406) shall be permitted if written permission is granted by the registered property owner.  The finished fill levels are to taper to the existing levels prior to the landscaped setback to the west and to the rear boundary of the property. Batters shall be at a maximum grade of 1:2 unless retained by a wall provided appropriate sediment and erosion control measures are approved by Council as part of an Operational Works Permit prior to the commencement of earthworks
These batters will be planted out with appropriate species endemic to the area in order to provide a maintenance free batter (ie does not require mowing).  The species will also be of a type that will cause no detrimental edge effects on parkland or ecosystems downstream of stormwater outlets.
Any existing fill or natural materials on the site or with the extent of approved works external to the site which do not satisfy the Manager - Land Development's or a Geotechnical Engineer's requirements shall be removed and replaced with suitable material.
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.
Following completion of the filling works and prior to endorsement of the Plan of Survey, 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.
Setback areas along the western side are to be clearly marked prior to commencement of earthworks. Apart from the removal of noxious and environmental weeds, the vegetation within the setback area is to be protected.
Easements
Deleted.
Registered easements are to be provided on the Plan of Survey over all sewerage mains within private property. Easements are to be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment. Easements are to be provided parallel to and centred over the sewer line, with a minimum width of 3.0 metres.
No building or other structure shall be constructed or encroach over an easement. Any building or structure within proximity of an easement or 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).
	Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with any application for any Development Permit for Building Works.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles Office forms or requisitions requiring the consent of Council being attended to forthwith.
Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal.
	Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey.
	Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the endorsing of the Plan of Survey.
Stormwater Drainage
A suitably qualified Registered Professional Engineer 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.
Vegetation Clearance
All existing noxious and environmental weeds, including but not limited to Groundsel bush (Baccharis halimifolia), Giant Rats Tail Grass (Sporobolus pyramidalis and S. natalensis), and Salvinia molesta, shall be cleared from the site prior to Council endorsement of the Plan of Survey.
Under State Legislation, Gall Fly (Rhopalomyia Califormica) is not a recognised means of control or destruction of groundsel bush. Any existing Declared Noxious Plants under the Rural Lands Protection Act (1985), which have a control category of P2, P3 or P4, shall be controlled in a manner pursuant to the Rural Lands Protection Act (1985).
The notification period to Council of the completion of eradication works shall be a minimum of thirty (30) days. The applicant is advised that Council's Noxious Weeds Officer will not undertake an inspection the site until after this notification period has expired.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is also advised that burning off is an unacceptable method of disposal.
Water & Sewerage
The site shall be connected to Council’s Water Supply and Sewerage reticulation systems to the water and Sewerage design guidelines and the requirements of the Manager - Land Development, at no cost to Council.
Deleted.
All connections to sewer system shall be carried out either by Council or by a Council approved Contractor and at no cost to Council. Any connection to a water main shall be undertaken by Council.
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".
Services
The requirements for TELECOMMUNICATION services shall be satisfied in relation to any existing services that currently traverse the site and for the provision of new telephone services to the proposed lots.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
An underground electricity service shall be provided to each lot if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
	Street lighting and pathway lighting throughout the subdivision shall be provided in accordance with Council’s Engineering Design Standards, section 11.3.3 and to the satisfaction of Council.
Sediment & Erosion Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment shall be prepared by a qualified Geotechnical Engineer and submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

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

Approved Plans
Plan No.	Rev.	Plan Name	Date
1 - 15
Approved Plans – Lots 1 - 15 prepared by Herwig Hartl	30/1/03
Sheet 1 of 3
Site Plan  prepared for GMS Corp Pty Ltd	27/9/10
Sheet 2 of 3
Floor Plans – prepared for GMS Corp Pty Ltd	27/9/10
Sheet 3 of 3
Elevations and Section Details, prepared for GMS Corp Pty Ltd	27/9/10

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of approval:

Building
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 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 Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia

Additional Advisory Note – 15 November 2012
The Permissible Change approved 15/11/2012 may trigger an “Adopted Infrastructure Charge Notice” to be issued on the issue of a Permit for Building Works in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia – (Volume One) Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.

The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.

You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Works (Warehouses & Service Shops
Development Permit for Operational Works (Landscaping, colour scheme, car parking and access, frontage works, stormwater disposal, sediment and erosion controls filling of the site, site civil works, roadworks, stormwater drainage, sewer reticulation (including new mains), water reticulation, site filling

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Two properly made submissions were received about the original application.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

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

DECISION NOTICE HISTORY
22850 DA (132002.220270) - Original Decision Notice - 16 January 2003
22850 DA (132002.220270) - Negotiated Decision Notice -10 April 2003
22850 DA (132002.220270) - Change to an Existing Approval - 17 July 2003
22850 DA (132002.220270.2) - Change to an Existing Approval - 31 January 2005
132002.220270.3 - Change to an Existing Approval – 15 November 2012

Yours faithfully

Glen conforti
Development Planner

Encl. 	Appeal Rights
Approved Plans

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

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

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