MCU14/0009 - Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	MCU14/0009:
Your Reference:	N/A

12 May 2015

Mrs CM Rolton & Mr KA Rolton
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560

Dear Sir & Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 7 May 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0009
Street Address:	1 Factory Street, Pomona  Qld  4568
Real Property Description:	Lot 20 SP 194118
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial business Type 2
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development, including any annotations. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
0642-SD102	A	Proposed Site Plan & Floor Layout Plan, drawn by BRD Group (Including setback annotations)	04/11/2014
0642-SD103	A	Elevations, drawn by BRD Group	05/02/2015
Prior to the issue of a Development Permit for Operational Works, amended plans shall be submitted to Council demonstrating compliance with The Noosa Plan’s streetscape and character requirements for the locality.  The amendments shall incorporate the following at a minimum:
Sunhoods and/or eave overhangs a minimum of 600mm wide over the windows facing Factory and Hill Streets.
Non–reflective roof materials.
Screening of all mechanical equipment from view of Factory and Hill Streets
Identification of the proposed fire treatment methods along the western side wall adjacent the Majestic Theatre
Setback and acoustic mitigation measures
All buildings shall be setback a minimum of 1 metre from the western boundary to the Majestic Theatre.
Nature and Extent of Approved Use
Any display and retail sale of goods associated with the industrial tenancies must remain an ancillary component to the approved use and must not exceed 20%.
The approved use (including any service vehicle movements) shall not operate outside the hours of 7am to 6pm. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
No part of the site shall be used for outdoor storage of materials associated with the industrial uses.
Any advertising signage shall have a maximum sign face area of 4m2 for any sign, and a combined sign face area for the site projecting to the street of no more than 10m2.
Fire Separation
Fire resistance of the building must comply with the Building Code of Australia Volume 1, Section C – Fire Resistance.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy 3 – Landscaping Plants & Guidelines for the specific area and must include in particular:
A minimum 0.5m wide landscaping strip between the western property boundary and proposed tenancy 2. Species within the setback shall consist of minimum 45L fast growing, native screening varieties;
Native landscaping along the Factory Street frontage of the site;
Provision of 6 x 100L street trees within the road reserve and/or site frontage. Species type and location shall be carefully chosen, so as to avoid any existing infrastructure, proposed frontage works (footpaths, curb & channeling and the like), and maintain adequate sight lines; and
Vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage.
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.
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including –
A new bunded and paved bin wash facility connected to sewer; and
Adequate numbers of waste and recycling receptacles for the whole property.
Effects of Use
The approved use must not interfere with the existing amenity of adjoining uses from the operation of machinery or electrical equipment, or from light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference or the like.
Noise
An acoustic report from a suitably qualified person must be submitted to Council prior to issue of a Development Permit for Operational Works. The report shall include measures to mitigate noise impacts on the adjoining Majestic Theatre from likely industrial tenants. These measures shall ensure sound pressure levels from the use (including any fixed plant and equipment) at the western boundary with the Majestic Theatre do not exceed background noise levels + 5dB(A).
Prior to the commencement of the use, certification from a suitably qualified person shall be provided to Council, demonstrating compliance with the approved acoustic report.
Storage of Chemicals
Any storage of flammable and/or combustible liquids must comply with the provisions of Australian Standard AS1940 “The Storage and Handling of Flammable and Combustible Liquids”.
Lighting
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting”.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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 performance of the conditions of approval 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
ENGINEERING
External Works
The frontages to Factory and Hill Streets must be upgraded. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Construction of kerb and channeling (or other suitable surface drainage) and underground stormwater drainage to the development site only;
Widening and sealing of the existing road pavement where necessary;
Construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
Removal of any redundant property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed;
Removal of any existing private infrastructure (garden beds etc) located within the existing and proposed road reserve;
Truncation of the existing property boundary at the intersection of Factory Street and Hill Street. The extent of the truncation must be sufficient to provide for a minimum 4m wide verge between the property boundary and the new kerb line; and
Installation of street lighting where necessary.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Factory and Hill Streets to all parking and maneuvering areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include driveway crossovers generally in accordance with IPWEAQ standard drawing SEQ R-051 Type B.
Approval from the Department of Transport and Main Roads for the final design of the site access, driveway and frontage works must be submitted in writing to Council prior to the issue of any Development Permit for Operational Works.
Car Parking
A minimum of 8 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 minimum of 1 disabled parking space located in front of tenancy 2; and
Crossfalls, gradients and dimensions in accordance with Australian Standard AS2890:2014 Parking Facilities.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and maneuvering and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, maneuvering and standing spaces must be provided on the site.  The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Bicycle facilities must be provided for the development, including 2 bicycle parking spaces on the site and be indicated on the Operational Works landscaping plan.
A 2m wide concrete footpath shall be provided within the road verge for the entire length of the site’s frontages to Factory Street and Hill Street. The works must be undertaken in accordance with an Operational Works approval.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Stormwater Drainage/ Flooding
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 must include the works described in the “Technical Note” prepared by TOD Consulting Engineers dated 7 November 2014 and the “Stormwater Management Plan” Revision A prepared by Aquaintel Pty Ltd dated 20 August 2014.
The development of the site must not impede the overland flow of stormwater/flood water through the site or cause additional ponding of stormwater/flood water on any adjoining property or road.
Preparation of a Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
A works programme identifying key components of the works and their respective durations;
Coordination of site works with the Majestic Theatre regarding upcoming show times and any potential noise conflicts associated with construction activities. The establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues;
Traffic management during all aspects of the construction phase including:
a 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.
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased.
proposed fencing to the site during the construction phase of the development.
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads.
provision for worker car parking.
Maintenance and protection of water quality and existing drainage lines through the construction site, with the implementation of appropriate erosion and sediment control measures; and
Identification of compliant management procedures including:
contact details for the on-site manager.
dispute resolution procedures.
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.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Land adjoining a State Controlled Road	The agency provided its response on 11 February 2015. (Reference No.SDA-0214-008136).  A copy of the response is attached.

Advisory notes
PLANNING
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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 1) 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 more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Building and Construction Industry (Portable Long Service Leave) Levy
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.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a 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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works
Development Permit for Building Works
self assessable codes
Not Applicable
submissions
4 properly made submissions and 1 not properly made submission were received.
reasons/grounds for approval
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.
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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)
Email:[email protected]

Enc:	Adopted Infrastructure Charge Notice
Referral Agency Response
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address 1	Address 2
Shaun Walsh	PO Box 6	COORAN  QLD  4569
Diane Kelly	7 Friarbird Place	POMONA  QLD  4568
Robyn Jones Pomona Arts Association	3 Factory Street	POMONA  QLD  4568
John Brooks	PO Box 389	COOLUM BEACH  QLD 4573

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
Page 18 of 18

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 18

[word/header1.xml]
MCU14/0009

[Attachment: image3.png (image text)]
K Coy fs


[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL