MCU24/0084 MATERIAL CHANGE OF USE - FUNCTION FACILITY – 658 LOUIS BAZZO DRIVE, RINGTAIL CREEK · 2024-12-16 ATTACHMENT 1 to the GENERAL COMMITTEE MINUTES DATED 16 DECEMBER 2024 – MCU24.0084 – AMENDED PROPOSED CONDITIONS

Page 2

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              10 DECEMBER 2024




       Type of Event                             No. of Guests     Maximum No. events per year

       Weddings/Functions                        Up to 150         72

       Weddings/Functions-Micro/Elopement        Up to 20          12

       Long Lunches                              Up to 100         3

       Wellness/Nature Retreat                   Up to 20          4

       Corporate Retreat                         Up to 50          5


7.    The approved use must be conducted entirely within the location identified on the Approved
      Plans and vehicle parking, loading and unloading of vehicles must occur within the
      driveway and parking areas and associated manoeuvring areas in accordance with the
      Approved Plans.
8.    Use of the approved Function Facility Functions are is limited to the hours of 11.00am to
      10:00pm inclusive of provision of amplified music/sound.
9.    All guests must have vacated the premises by no later than 10:30pm.
10.   Functions must not occur on a gazetted Queensland public holiday, or on a Sunday unless
      followed by a gazetted Queensland public holiday.
10.11. A minimum of one bus must be provided for all events which have over 50 guests.
Acoustic Amenity
11.12. The operation of the function facility must be in accordance with the approved noise
     report ”Environmental Noise Level Impact Assessment for Proposed Wedding and Events
     Facility, 658 Louis Bazzo drive, Ringtail Creek” David Moore and Associates ,Report No:
     R24041/D3877/Rev.2/31.08.24 dated 31 August 2024, and as amended by these
     conditions.
12.13. Amplified music or entertainment must be controlled at all times to comply with the noise
     limits of the approved Environmental Noise Level Impact Assessment.
13.14. Use of the generator must be controlled at all times to comply with the noise limits of the
     approved Environmental Noise Level Impact Assessment.
14.15. Amplified music associated with the approved Function Facility use must not operate
     outside the hours of 11am to 10pm during the use of the function facility.
16.   Noise from site operation associated with the Function Facility use, inclusive of patrons
      and/or amplified music, must not exceed 39 dB(A) LAeq,adj,15min. external to any offsite
      residence (noise sensitive receiver).
15.17. The Event Manager and/or On-Day Controller must ensure that noise levels generated by
     the Function Facility use are continuously monitored in real-time to protect the amenity of
     nearby sensitive receptors and ensure compliance with relevant noise standards.
16.18. Prior to commencement of use construct a 1.8 metre high by 30 metre long acoustic
     barrier in the location shown on Figure 9 of the approved noise report. This acoustic
     barrier must be at least 1.8 metres high relative to existing ground levels, be continuous

Page 3

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               10 DECEMBER 2024


      and gap free and have a minimum surface area density of 12.5 kg/m2. This minimum
      surface area density can be achieved by the following examples of materials of
      construction:

      •     earth mound;
      •     concrete;
      •     brick or blockwork;
      •     sheet metal a minimum 2.0mm thick;
      •     fibrous cement sheeting a minimum 7.5mm thick;
      •     overlapping timber paling fence, for example, 23 mm thick palings 100 mm wide
            overlapped a minimum 20 mm each side;
      •     any combination of the above.

17.19. Prior to commencement of use submit to Council for approval a Noise Management Plan
     which documents the noise control measures and restrictions to inform the operators/staff
     of noise compliance requirements.
18.20. Where complaints (other than frivolous or vexatious complaints) are made to Council
     about noise from the approved use, Council may require the site management entity to:
      a.    submit a Noise Impact Assessment prepared by a suitably qualified, and/or
      b.    undertake further noise amelioration measures or operations, install volume limiting
            devices or barriers and/or shield or relocate mechanical plant and equipment and
            have such measures certified by a suitably qualified person.
21.   Prior to commencement of the use, certification must be submitted to Council from a
      suitably qualified person that the development has been constructed is in accordance with
      report “Environmental Noise Level Impact Assessment for Proposed Wedding and Events
      Facility, 658 Louis Bazzo drive, Ringtail Creek” David Moore and Associates ,Report No:
      R24041/D3877/Rev.2/31.08.24 dated 31 August 2024 and the Acoustic Amenity conditions
      of this development approval including construction of the 1.8 metre high by 30 metre long
      acoustic barrier.
19.22. The Function Facility use must always comply with the approved Environmental Noise
     Level Impact Assessment and Noise Management Plan.
Lighting Amenity
20.23. Lighting associated with the use must be designed, sited, installed and tested to comply
     with AS 4282 – “Control of the obtrusive effects of outdoor lighting”.
21.24. Certification must be submitted to Council from a suitably qualified person that all lighting
     devices comply with the requirements of this development approval.
Operational Management Plan
22.25. An amended Operational Management Plan must be submitted to Council for approval
     prior to the issue of any Operational Works approval. The Operational Management Plan
     must be amended to reflect the requirements of the conditions of this approval and must
     also include, but not be limited to
      a.    maximum number of guests permitted on site;
      b.    operating hours and curfews;
      c.    use and management of outdoor areas to not cause a noise nuisance;

Page 4

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                10 DECEMBER 2024


      d.   delivery and collection arrangements, food and catering equipment, musical
           equipment, portable ablution facilities and any other equipment brought onto the site;
      e.   expectations of patron and staff behaviour including use of toilet facilities at all times;
      f.   any penalty associated with transgressions; and
      g.   a statement acknowledging the site’s location within a rural area and that:
            i.   the approved use of the subject land for a Function facility is not intended to
                 compromise the use of adjoining land for existing or future lawful rural activities;
                 and
           ii.   on the day of the function, guests may experience reverse amenity impacts
                 associated the use of adjoining land for existing or future lawful rural activities
                 (for example rural noise associated with cropping).
26.   The Function Facility use must always comply with the approved Operational Management
      Plan.
23.27. The approved Operational Management Plan must be provided to all clients prior to them
     making a function reservation.
24.28. Where complaints (other than frivolous or vexatious complaints) are made to council
     about noise from the approved use, council may require the Operational Management Plan
     to be updated.
25.29. A complaints management procedure for the site must be prepared and submitted to
     Council prior to the commencement of use. The complaints management procedure must
     include the following:
      a.   a contact person with whom complaints can be lodged
      b.   a clearly defined procedure for responding to, investigating and resolving complaints,
           and
      c.   a notification protocol to all complainants of the outcome of complaint investigations.
      A record of all complaints and investigation results including corrective actions must be
      maintained and made available for inspection at any time upon request by Council.
26.30. The operator/on-site manager must be on the premises at all times while a function is
     occurring, including the day and night of the event.
27.31. Except in the case of a lawful rural or emergency purpose, or unless approved otherwise
     by Council’s delegate, helicopters or other aircraft must not land or take off from the
     property at any time.
28.32. Fireworks and lasers are not permitted at any time.
29.33. Service vehicle movements associated with non-residential uses on the premises
     (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday
     to Saturday and not at all on Sundays or public holidays. The requirements of this condition
     must be included in the Community Management Statement for any body corporate for the
     subject site.
30.34.     All forms of accommodation including camping is not permitted on the premises.

Page 5

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               10 DECEMBER 2024


Building Appearance
31.35.      All mechanical equipment and other service infrastructure located on the site must be
     fully enclosed or screened such that they are not visible from the street frontage/s, other
     public space, or adjoining properties.
Building Height
32.36.      The maximum height of the development must not exceed 5m above natural ground
     level.
Street Identification
33.37.    The street address of the development must be clearly visible and discernible from the
     primary frontage of the site by the provision of a street number and property/venue name.


ENGINEERING
Property Access and Driveways
34.38.    A Sealed access must be provided between the property boundary fronting Louis
     Bazzo Drive to all parking and manoeuvring areas of the development. The works must be
     undertaken in accordance with an Operational Works approval and be generally in
     accordance with Blackburne Jackson’s Site Master Plan (DA02, Rev. 06) dated 30 July 2024.
35.39.    Approval from the Department of Transport and Main Roads for the final design of all
     works within the road reserve (i.e., driveway crossover, road treatments, etc.) must be
     submitted in writing to Council prior to the issue of any Development Permit for Operational
     Works.
On-site Parking
36.40.     A minimum of 55 car parking spaces must be provided and marked on the site. The
     works must be undertaken in accordance with an Operational Works approval, be generally
     in accordance with Blackburne Jackson’s Site Plan – Wedding Venue (DA03, Rev. 06)
     dated 30 July 2024 and must include in particular:
     a.    4 staff parking spaces within the total, which are clearly marked for that purpose;
     b.    pedestrian routes in accordance with the conditions of this Decision Notice;
     c.    2 coach parking spaces, which are clearly marked for that purpose;
     d.    1 disabled parking space/s within the total; and
     e.    dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
           Parking Facilities.
37.41.     A minimum of four motorcycle/scooter parking spaces must be provided and marked
     on the site and made available and accessible at all times while the use is open for business.
     The works must be undertaken in accordance with an operational works approval and must
     include in particular dimensions, crossfalls and gradients in accordance with AS 2890 -
     Parking facilities.
38.42.     All on-site parking areas and access driveways must be maintained exclusively for
     vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
39.43.      Service vehicle parking, manoeuvring and standing spaces must be provided on the
     site. The works must be undertaken in accordance with an Operational Works approval and
     must include in particular:
     a.    regular access for a front-loading Waste Collection Vehicle; and
     b.    regular access for a 14.5m bus.

Page 6

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              10 DECEMBER 2024




Pedestrian and Bicycle Facilities
40.44.     Pedestrian and bicycle facilities must be provided for the development, as noted below.
     The works must be undertaken in accordance with an operational works approval and must
     include in particular:
      a.   pedestrian pathways between the proposed car parking area and the building/s; and
      b.   adequate separation of all specific pedestrian routes from vehicle access and
           manoeuvring areas, and clear demarcation by pavement marking, signposts or
           changes in surface materials or levels.
      c.   a minimum of 7 visitor bicycle parking spaces, in accordance with AS 2890.3 – Bicycle
           parking.


Stormwater Drainage
41.45. The site must be provided with a stormwater drainage system connecting to a lawful point
     of discharge. The works must be undertaken in accordance with an Operational Works
     approval and be generally in accordance with Morgan Consulting’s Site Based Stormwater
     Management Plan (SBSMP, Rev. 2) dated 26 June 2024, and must include in particular:
     a.    An assessment (and upgrade, if deemed necessary) of the interface between the
           existing dam drainage outlet and the proposed fire egress road.


46.   All easements must be designed in accordance with the planning scheme and granted at
      no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
      documentation must be in accordance with the Grantee’s standard easement terms. Draft
      easement documentation must be submitted to Council for endorsement.


42.47. Unless otherwise agreed in writing by the relevant service provider, any public or third
     party infrastructure located on the subject site must be placed within an easement
     registered against the title of the property.
43.48.     All works must be kept clear of any existing or proposed easements on the subject
     land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
44.49.    All works must be carried out in accordance with a Geotechnical Report (or part thereof)
     prepared by a qualified person* and endorsed through an Operational Works approval.
      *(Refer to Advisory Note)
Earthworks and Retaining Walls
45.50.    All earthworks and associated retaining structures/batters, both above and below
     ground, both temporary and permanent, must be undertaken in accordance with an
     Operational Works approval, be generally in accordance with Morgan Consulting’s Concept
     Bulk Earthworks Plan (C01, Rev. A) dated 12 June 2024 and contained entirely within the
     subject site unless written permission from the respective landowner(s) is provided to
     Council.
Damage to Services and Assets
46.51.    Any damage caused to existing services and assets as a result of the development
     works must be repaired at no cost to the asset owner at the following times:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
           or

Page 7

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               10 DECEMBER 2024


      b.   where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and assets
      must first be referred to the relevant service authority for approval.
ECOLOGICAL
Land Rehabilitation
47.52.     A vegetation protection covenant must be registered against the title of the property
     over the area identified as Vegetation Community 1 and 4 on the approved plan Titled
     Ecological Values Plan, EV01, Rev 1, dated 25/06/24 found in the Ecological Assessment
     Report v1 pursuant to Section 97A of the Land Title Act 1994. The covenant document and
     a survey plan must be submitted to Council for endorsement prior to lodgement with the
     relevant titles authority for registration of title. The covenant document must:
      a.   incorporate the requirements of this Decision Notice
      b.   include Noosa Council as Covenantee
      c.   reference Queensland Land Title Registry Standard Terms Document No. 715597513.
53.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
54.   The land area identified as Vegetation community 4 on the approved plan (Titled Ecological
      Values Plan, EV01, Rev 1, dated 25/06/24 found in the Ecological Assessment Report v1)
      must be rehabilitated / revegetated. The works must be undertaken in accordance with an
      operational works approval and the Planning Scheme Policy 2 landscape. The works must
      include the following:
      a.   Works that concentrate on incorporating tree and shrub species that diversify the
           vegetation community in accordance with regional ecosystem 12.3.2/12.3.1
      b.   control of all weeds species listed in the following standards and legislation:
           i.    declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                 ordinate Regulation 2016).
           ii.   Schedule 1, 2 and non-scheduled invasive species listed in the Noosa
                 Biosecurity Plan 2020


Bushfire Management
48.55.     The development must be carried out in accordance with the Bushfire Hazard
     Assessment and Management Plan v2, reference J001313, prepared by North Coast
     Environmental Services, dated 26 June 2024, as listed within this Decision Notice.
49.56.     Water supply for firefighting purposes must be provided in accordance with section 5.3
     of the Bushfire Hazard assessment and management Plan v2 listed within this Decision
     Notice.
50.57.     Emergency passing bays must be provided to the primary and emergency access
     routes every 80 metres in accordance with section 5.5 of the Bushfire Hazard assessment
     and management Plan v2 listed within this Decision Notice.
51.58.   The development must be carried out in accordance with the Bushfire Emergency
     Response Plan v2 listed within this Decision Notice listed within this Decision Notice.
      *(Refer to Advisory Note)

Page 8

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              10 DECEMBER 2024


52.59.     The primary and alternative evacuation routes must be upgraded in accordance with
     Sections 8.1 and 8.2 of the Bushfire Emergency Response Plan (v2). The upgrade to the
     evacuation routes must be prepared by a suitably qualified person (RPEQ), be undertaken
     in accordance with a Operational Works approval and cater for the types of vehicles expected
     to access the site (i.e., 2WD, MRV, passenger bus, etc.).
53.60.    A copy of the Bushfire Emergency Response Plan listed within this Decision Notice
     must be provided to the nearest fire authority.
54.61.      Prior to the commencement of use certification must be submitted to Council from a
     qualified person* which certifies that the development has been constructed in accordance
     with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
ENVIRONMENTAL HEALTH
Waste Management
55.62.     The collection of waste is to be through a contractual agreement with Council’s
     preferred contractor.
56.63.     Refuse storage, removal and collection facilities must be provided in accordance with
     the following:
     a.    provision of a minimum of two (2) 1100L industrial bins for general waste, and two (2)
           1100L industrial bins for recyclable waste for the development;
     b.    collection by service vehicles from the designated area within the carpark only in a
           safe, efficient and unobstructed manner;
     c.    provision of a hardstand impervious area for the permanent storage location of all
           industrial bins;
     d.    site management entity to present all industrial bins at designated area on refuse
           collection day;
     f.    provision of a 1.8m high purpose-built enclosure to the bin storage area, which is
           screened from the street and adjoining properties by landscaping; and provision of a
           readily accessible wash-down area in the vicinity of the permanent bin storage area
           fitted with a hosecock, bin roll over bund, and drain connected to the onsite effluent
           disposal system that has a stormwater catchment area of no more than 1m2.
Potable Water
57.64.    The development must be provided with a safe and adequate potable water supply
     system with a capacity of at least 46,000 litres.

Effluent Disposal and Ablution Facilities
58.65.      The development site must be provided with permanent ablution facilities consisting of
     a toilet and washing facilities that are made available to guests at all times while a function
     is occurring.
PROPERTY NOTES:
MCU24/0084 – Vegetation Protection Covenant
1.   A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to
     occur within the covenanted area, except where in accordance with the terms of the
     covenant.

Page 9

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                            10 DECEMBER 2024


MCU24/0084 – Bushfire Management
2.   To ensure the safety of people and property on this property is maintained, all buildings and
     structures must be sited and/or constructed in accordance with the bushfire management
     conditions of Council Approval MCU24/0084 and associated Operational Work approvals.