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Negotiated Decision Notice MCU22 0051
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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