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Negotiated Decision Notice MCU22 0051

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                                                                              Officer:            Nadine Gorton
                                                                              Direct Telephone:   07 53296215
                                                                              Our Reference:      MCU22/0051
                                                                              Your Reference:     102995-10

               21 May 2024


               Bunnings Group Limited
               C/- RPS Australia East Pty Ltd
               PO Box 6149
               MERIDAN PLAINS QLD 4575


               [email protected]



               Dear Sir/Madam
                                                Negotiated Decision Notice
                                                       Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               16 May 2024, Council decided your representations. This negotiated decision notice replaces the
               decision notice of 26 October 2023.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:               MCU22/0051

                   Street address:               178 Eumundi Noosa Rd Noosaville Qld 4566

                   Real property description:    Lot 101 SP 279285

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 26 October 2023, decided to issue the following type of approval:
               •       Material Change of Use - Hardware and trade supplies
               In relation to representations, Council on 16 May 2024 decided to:
               A.      Agree to amend conditions 3, 7, 13,15, 20 and 21;
               B.      Delete conditions 39 & 40;
               C.      Refuse the representations made to conditions 5 for the following reasons:




               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
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               Condition 5
                      The condition is a reasonable requirement given the application was made over 178 Eumundi
                      Noosa Road which includes the existing Bunnings Warehouse. The retention of a significant
                      hardware component and trade sales area within the Bunnings Warehouse is an important
                      consideration in the assessment of the proposed trade supplies store and the original
                      Bunnings Warehouse.
               D.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016
               3.     CURRENCY PERIOD OF APPROVAL

               The Currency Period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

                PLANNING
                        When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
               CURRENCY PERIOD
               2.     This development approval lapses if the use has not happened by 26 October 2029, unless
                      an application to extend the currency period is approved by Council.
               APPROVED PLANS
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.       Rev.    Plan/Document Name                                 Date

                        DA02           H       Site Plan of Layout Proposed Bulk Trade Yard 05.02.2024
                                               Undercroft Car Parking prepared by Group 4
                                               Architects

                        DA03           H       Site Plan of Layout Proposed Bulk Trade Yard 05.02.2024
                                               First Floor Level prepared by Group 4 Architects


                        DA04           F       Site Plan of Layout Proposed Bulk Trade Yard 05.02.2024
                                               Roof Plan prepared by Group 4 Architects


                        DA05           G       Site Plan of Layout Proposed Bulk Trade Yard 05.02.2024
                                               Typical Sections prepared by Group 4 Architects


                        DA06           I       Site Plan of Layout Proposed Bulk Trade Yard 04.03.2024
                                               Elevations prepared by Group 4 Architects


                        DA07           F
                                     Site Plan of Layout Proposed Bulk Trade Yard 06.02.2024
                                     Gateway Drive Streetscape Elevation
               NATURE AND EXTENT OF APPROVED USE
               4.     The approved use must not operate outside the hours of 6am to 6pm Monday to Sunday.




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               5.     The approved Bunning Warehouse Store on the balance area of the site must be operated
                      in accordance with the development approval (07/0256), which includes a significant
                      hardware component and trade sales area.
               BUILDING APPEARANCE
               6.     External design features, materials and finishes must be as shown on the Approved Plans,
                      with no inclusions or alterations made without approval in writing by Council.
               7.     External colours and finishes must be of muted environmental tones, with broad expanses
                      of a single colour not permitted. Walls must be broken up by varying tones or design elements
                      and be different to the existing Bunnings Warehouse Store on the balance area of the site.
                      External colours and finishes must be generally as shown on the Approved Plans.
               8.     Waste storage areas, and mechanical equipment are screened from the street.
               9.     No part of the site may be used for outdoor storage of materials.
               10.    All mechanical equipment and other service infrastructure located on the site must be:
                      a.      located not less than 2 metres from a property boundary.
                      b.      fully enclosed or screened such that they are not visible from the street frontages nor
                              adjoining properties. Where screened by landscaping, landscaping beds must be at
                              least 1.5 metres wide.
               STAFF AMENITIES
               11.    On site amenities, including seating, tables and rubbish bins, must be provided for staff
                      protected from weather and removed from any noisy or odorous activities.
               12.    End of trip facilities must be provided for staff including 2 lockers, 1 shower cubicle with an
                      ancillary change room, and 2 bicycle spaces must be provided on site.
               BUILDING HEIGHT
               13.    The maximum height of the development must not exceed 10.94 metres above the ground
                      level, including the exposed portion of the external façade of the building where excavation
                      is undertaken.
               14.    Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the building does not exceed the maximum height requirement of this Decision
                      Notice.
               LANDSCAPING WORKS
               15. The development site must be appropriately landscaped. The works must be undertaken in
                   accordance with an Operational Works approval and the Noosa Plan for that specific area
                   and must include in particular:
                       a.      The works generally shown on the Landscape Concept Plan 155.004.SD001B,
                               155.004.SD002B and 155.004.SD003B prepared by Citicene dated 9.02.2023
                               except where varied by the conditions of this approval. The landscape plans are to
                               incorporate a three-tiered landscape buffer to the street frontage incorporating the
                               following additional species:
                               •       Corymbia tessellaris
                               •       Eucalyptus intermedia
                               •       Melaleuca quinquenervia
                               •       Banksia integrifolia
                       b.      Vegetated screening of the proposed development from Gateway Drive, designed
                               such that the development is screened at maturity;
                      c.      Vegetative screening of any electrical transformers, bin storage areas and the like
                              from the road frontage;

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                      d.      Provision of 1 street tree within the road reserve for every 8 metres of road frontage
                              (excluding driveways).
                      e.      Landscape or architectural treatments that soften the appearance of the retaining
                              walls and industrial building along the northern boundary.
               16.    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.
               FAUNA MANAGEMENT
               17.    Vegetation must only be removed or disturbed in accordance with a Fauna Management
                      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
                      Works approval.
               *(Refer to Advisory Note)
               WASTE MANAGEMENT
               18.    A waste storage area must be designed and maintained in accordance with Planning
                      Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
                      The waste storage area must be:
                      a.      imperviously paved and correctly sized for all refuse and recycling containers;
                      b.      bunded and graded so that wastewater and bin leakage drain to the sewer;
                      c.      provided with a conveniently located hosecock and backflow prevention device,
                              connected to a water supply to service the area; and
                      d.      roofed or otherwise covered.
               19.    A Waste Management Plan must be prepared that details the type and quantity of waste
                      material that is likely to be generated by the development; where and how the waste will be
                      stored, disposed of and procedures for handling the waste. The Waste Management Plan
                      must be submitted and approved by Council prior to the issue of a Development Permit for
                      Operational Works.
               PERFORMANCE BOND
               20.    Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Operational Works. The cash bond or trading bank
                      guarantee will be returned on completion of the development subject to satisfactory
                      performance of the conditions of approval at that time less any costs incurred by Council in
                      respect of enforcing performance of this permit. Council reserves the right to call upon the
                      bond or guaranteed sum to effect compliance with conditions.
               ACID SULFATE SOIL
               21     The disturbance and release of Acid Sulphate Soils must be avoided by:
                      a.      Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
                              National Acid Sulfate Soils Guidance.
                      b.      not excavating or otherwise removing soil or sediment containing ASS;
                      c.      not permanently or temporarily extracting groundwater that results in the aeration of
                              previously saturated ASS; and
                      d.      not undertaking filling on land at or below 5 metres AHD that results in:-
                              i.       actual ASS being moved below the water table; or previously saturated ASS
                                       being aerated.



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                      Where potential or actual Acid Sulfate Soil is identified, all works must be caried out in
                      accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
                      Certification from a suitably qualified person that all works have been undertaken in
                      accordance with the Acid Sulfate Soil Management Plan must be provided to Council.
                      *(Refer to Advisory Note)
               EXTERNAL WORKS
               22.    Gateway Drive must be upgraded for the length of its frontage to the subject site allowing for
                      suitable transition of works. The works must be undertaken in accordance with an
                      Operational Works approval, the approved plans of development and must include in
                      particular:
                      a.      A road reserve dedication in favour of Council, maintaining a minimum verge width of
                              5m along the development frontage.
                      b.      Modification of the existing pavement marking to extend the channelised right turn lane
                              (CHR).
                      c.      Extension of the existing yellow line marking “No Stopping” zone.
                      d.      Construction of a pedestrian footpath in accordance with the conditions of this Decision
                              Notice.
                      Condition 22 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
               SITE ACCESS AND DRIVEWAYS
               23.    Sealed access driveways must be provided from Gateway Drive to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval and must include in particular:
                      a.      Driveway crossovers in accordance with IPWEA Standard Drawing RS-051 and the
                              approved plans of development.
                      b.      Provide signage and line marking in accordance with the Department of Transport and
                              Main Roads Manual of Uniform Traffic Control Devices (MUTCD) that clearly denotes
                              separate entry and exit driveways for the development.
               CAR PARKING
               24.    A minimum of 57 car 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:
                      a.      Provision of vandal resistant public lighting with intensities to satisfy the requirements
                              of Australian Standard AS1158: Public Lighting Code;
                      b.      One (1) disabled parking space/s within the use area;
                      c.      Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.
               25.    All car parking areas and access driveways must be maintained exclusively for vehicle
                      parking and manoeuvring and kept in a tidy and safe condition at all times.
               26.    Directional signage must be provided to direct visitors and customers to the car parking
                      spaces provided on site.
               PAVING TREATMENT OF VEHICLE MOVEMENT AREAS
               27.    Alternative materials, patterns, or threshold treatments must be used to articulate the
                      pavement treatment of vehicle movement areas.




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               PEDESTRIAN AND BICYCLE FACILITIES
               28.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a.      A two metre wide concrete footpath within the road verge for the entire length of the
                              site’s frontage to Gateway Drive and connecting to the existing path fronting Lot 11
                              SP170295.
                      b.      Pedestrian pathways between the proposed car parking area and the building/s.
                      c.      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.
                      d.      Signage and lighting at strategic locations to direct people to building entries and public
                              toilet facilities.
                      e.      Pedestrian refuge areas at strategic locations within the carpark to ensure safe and
                              convenient congregating of pedestrians waiting to cross major access driveways.
                      f.      A total of 2 bicycle parking spaces
                      g.      End of trip facilities involving 2 lockers, male and female showers and change rooms.
                      Condition 28a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
               STORMWATER DRAINAGE
               29.    Carry out the development to ensure that adjoining properties, reserves and roads are
                      protected from ponding or nuisance from stormwater as a result of any works undertaken.
               30.    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, AS3500.3 and the Queensland Urban Drainage Manual, and must include in
                      particular:
                      a.      Underground detention tanks and drainage works generally as shown in Appendix C
                              of the Site Based Stormwater Management Plan Rev 07, prepared by ACOR
                              Consultants, dated 24/08/2023
                      b.      Collection and discharge of stormwater to Council’s underground pipe network in
                              Gateway Drive
                      c.      Extension of the site stormwater system to accommodate stormwater from the external
                              catchment East of the site, including registration of drainage easements over the pipe
                              network within the subject site in favour of the upstream lot.
                      d.      Cut off drains along the Eastern site boundary to convey external catchment flows up
                              to the 1%AEP climate change event into the pipe network within the site
                      e.      The use of gravity stormwater drainage and not surcharge pits.
                      Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
               STORMWATER QUALITY MANAGEMENT
               31.    A stormwater quality treatment system must be provided for the development. The works
                      must be undertaken in accordance with an Operational Works approval and the Bioretention
                      Technical Design Guidelines (Water by Design, 2014), and must include in particular:
                      a.      Stormwater quality treatment devices of a size and location generally in accordance
                              with those shown in Appendix C of the Site Based Stormwater Management Plan Rev
                              07, prepared by ACOR Consultants, dated 24/08/2023
                      b.      A minimum 5kL rainwater harvesting tank, plumbed to supply toilet flushing and
                              landscape irrigation
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                      c.      Bioretention devices which:
                              i.       Are designed generally in accordance with IPWEAQ Standard Drawing No. DS-
                                       073.
                              ii.      Are provided with a free-draining outlet from the sub-soil drainage system.
                      d.      Incorporation of a primary stormwater quality treatment system for the effective
                              removal of gross pollutants.
               32.    Permanent educational signage must be erected to educate the customers to the
                      development about the function of the bioretention device(s). The dimensions, standard,
                      presentation and location of the educational signage must be in accordance with an
                      Operational Works approval.
               33.    All vegetated stormwater quality treatment devices must be maintained in accordance with
                      the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
                      primary treatment devices maintained in accordance with the manufacturer’s
                      recommendations. The approved Operational Works drawings for the stormwater quality
                      treatment system and detailed life cycle costing of the system must be attached as an
                      addendum to this document and kept on site by the operator of the development. Records
                      of all maintenance activities undertaken must be kept and made available to Council upon
                      request.
               EASEMENTS
               34.    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.
               35.    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.
               36.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
               EARTHWORKS AND RETAINING WALLS
               37.    All fill and associated batters must be undertaken in accordance with an Operational Works
                      approval and contained entirely within the subject site unless written permission from the
                      respective landowner(s) is provided to Council. The Operational works approval is to be
                      generally in accordance with the Bulk Earthworks Plan C03-001 and Bulk Earthworks Section
                      C03-101 dated 21.02.2023 and prepared by Acor Consultants
               38.    Design all earth retaining structures within private land in accordance with Australian
                      Standards, Building Code requirements and Noosa Planning Scheme current the time of the
                      operational works application and the following:
                      a.      Earth retaining structures must be certified by a Registered Professional Engineer
                              Queensland (RPEQ) where exceeding 1.0m in height.
                      b.      The minimum design life (the period assumed in design for which a structure or
                              structural element is required to perform its intended purpose without replacement or
                              major structural repairs) for the earth retaining structure that is specified in Table 3.1
                              of Australian Standard AS4678;
                      c.      Earth retaining structures within the land and around areas of cut on or near the
                              boundaries of the site must be designed to allow for live and dead loads associated
                              with the land/premise’s current occupancy use;
                      d.      Where the adjoining land use rights or zoning allows for industrial uses a minimum live
                              load of 25kPA must be allowed in the design of the retaining structure for these
                              adjoining premises.

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                      e.      All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
                              with a commercial grade safety fence.
               ACID SULFATE SOILS
               39.    Deleted
               40.    Deleted.
               PREPARATION OF A PRELIMINARY CONSTRUCTION MANAGEMENT PLAN
               41.    A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all aspects of the construction phase including:
                              i.       Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction.
                      b.      Maintenance of safe pedestrian access for the areas affected by the works during and
                              after daily construction has ceased.
                      c.      Provision for worker car parking.
                      d.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures.
                      e.      Works programme identifying key components of the works and their respective
                              durations.
                      f.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details.
                      g.      Identification of complaint management procedures including:
                              i.       Contact details for the on-site manager.
                      h.      Dispute resolution procedures.
                      i.      If the proposed earthworks exceed 1000m3, provide details on the location of external
                              fill sites/sources, the haulage route, type of vehicle to be utilised during filling
                              operations and frequency of usage. NB any damage to the existing road system as a
                              result of haulage operations shall be fully repaired at the applicant’s expense.
                      j.      It is acknowledged that the preliminary Construction Management Plan will be a draft
                              document requiring finalisation upon appointment of the Principal Contractor employed
                              to construct the works and a final document will be required to be submitted at the Pre-
                              Start Meeting for the project.
               5.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Infrastructure Charges
               1.     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
                      Qualified Person
               2.     For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
                      landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
                      current experience in the field of landscape design.

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               3.     For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
                      be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
                      and management.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               4.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Co-ordination of Operational Works Assessment
               5.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.
                      Qualified Person
               6.     For the purpose of preparing an Acid Sulfate Soils Management Plan, a qualified person is
                      considered to be a person who:
                      a.      Is a Registered Professional Engineer of Queensland (RPEQ); or
                      b.      Environmental/Soil Scientist with current professional membership status at a relevant
                              organisation (e.g. ASSSI, AIG; EIANZ; GSA); and
                      c.      Has a minimum of 5 years of professional experience in the field of Acid Sulfate Soils.
               6.     PROPERTY NOTES

               Not applicable.
               7.     VARIATION APPROVAL DETAILS

               Not applicable.
               8.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development            Permit   for   Operational Landscaping, Roadworks and Frontage
                Works                                             Works, Driveways, Carparking and Access,
                                                                  Stormwater and Drainage, Earthworks

                Development Permit for Building Works             Building Works

               9.     SUBMISSIONS

               Not applicable.
               10.    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.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               11.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.



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               Yours faithfully,




               Patrick Murphy
               Manager Development Assessment


               Enc:     Appeal Rights
                        Approved Plans/Documents


               DECISION NOTICE HISTORY
               •     Original Decision Notice – 26 October 2023.
               •     Negotiated Decision Notice – 16 May 2024, with an amendment to conditions 3, 7, 13, 15, 20, and 21, refuse to delete
                     condition 5, and delete conditions 39 and 40.

               cc.      Unitywater




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Document Set ID: 23023774
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