Decision Notice - Minor Change Exisiting Approval 132002.220285.9 - 22803 DA - 28 Eenie Creek Rd Noosaville

Officer: 	Kerri Coyle
Direct Telephone: 	07 53296240
Our Reference:	132002.220285.9 132002.220285.8 : LATKINS
Your Reference:	NA
20 July 2021
Stockwell Funds Management Pty Ltd Tte
399 Montague Rd
WEST END  QLD  4101
[email protected]
Dear Applicant
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 16 September 2019, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220285.9
Street address:	Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 2 SP 110885
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 1 May 2003
Development Permit for Material Change of Use of Premises
In relation to the request to make a minor change to the existing approval, Council on 6 July 2021, decided to::
A.	Approve the change.
B.	Amend condition 74
currency period of approval
The currency period for this development approval is 6 years starting the day that the development approval took effect.
assessment manager conditions
Deleted.
All revised architectural, engineering, management plans, audits and further information required by these conditions shall be to the reasonable satisfaction of Council and be submitted to the Council at the cost of the applicant for approval with an application for a development permit for operational works or when otherwise required by these conditions.  The cost of assessment of such material by the Council or its consultants shall also be at the applicant's cost.  The applicant shall implement the recommendations of the approved plans and reports.
Definitions
For the purpose of this development permit the following definitions will apply:
MP2 - Shire Business Centre Master Plan: Stage 2 adopted by Council on 10 April 2003
OS1 – Open Space (Environmental) in accordance with MP2
OS2 – Open Space (Environmental) in accordance with MP2
OS3 – Open Space (Preservation of visual amenity) in accordance with MP2
OS5 – Open Space (Preservation of visual amenity) in accordance with MP2
OS7 – Open Space (Environmental Drainage) in accordance with MP2
Approved Plans – means the Architectural plans prepared by B+N and CCN Architects, more particularly described in Condition 4.2
TUA - Total Use Area as defined by the Schedule to the Planning Scheme with the exception that the words, “plus any other area of the site which is also used or intended for use for the same purpose” are removed from the definition.
SBC - Shire Business Centre
Approved Plans
With regard to the approved plans for the development:
The development shall be undertaken generally in accordance with the approved plans unless otherwise stated in these conditions.
The drawings approved for the development are (“Approved Plans”):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations
Q0201.10b/S - Commercial Site Plan
Q0201.11.1/S - Commercial/Business Elevations
Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Control Systems
A090 Rev. 02 – Location Plan, December 2016
A200 Rev. 02 – Carwash Floor Plan, December 2016
A201 Rev. 02 – Carwash Roof Plan + RCP, December 2016
A210 Rev. 02 – Cashier/Laundry Floor + Ceiling Plans, December 2016
A212 Rev. 02 – Cashier/Laundry Roof Plan + Elevations, December 2016 			(annotated)
A213 Rev. 02 – Cashier/Laundry Elevations, December 2016 (annotated)
A500 Rev. 02 – Overall Elevations, December 2016 (annotated)
Scale and Types of Uses
The uses allowed on the subject site and the scale of those uses are as follows:
The shop floor space for the Retail Centre shall not exceed 18,000m²,TUA. The uses nominated on the approved plans shall generally accord with the following TUA’s:
Supermarket (Shop)	3,500 m²
Mini-Major (Shop)	1,200 m²
Discount Department Store (Shop)	6,500 m²
Speciality Retail (Shop) & Professional Offices   6,800 m²
Restaurants 	200 m²
Centre Manager 	115 m²
Staff Areas	50 m²
Public Toilets	150 m²
Service Station 	100 m²
The uses allowed in the Retail Centre are:
Shops
Professional Offices
Commercial Premises
Commercial Services
Restaurants
Service Station
Service Shops
Fast Food Premises
Medical Centre
Outdoor Entertainment, and
Special Purposes
The Showroom/Homemaker floor space for the showroom component shall not exceed 7,000m² TUA. The uses allowed in the Showroom component are:
Showroom
Commercial Premises
Commercial Services
Medical Centre
Professional Offices
Warehouse
Educational Establishment, and
Special Purposes
The commercial and business floor space for the Commercial and Business component shall not exceed 5,000m2 TUA. The uses allowed within the Commercial and Business component are:
Commercial Premises
Commercial Services
Medical Centre
Professional Offices
Warehouse
Educational Establishment, and
Special Purposes
Staging of Development
With Regard To The Development Staging:-
A Discount Department Store must be constructed as part of the Retail Centre component.
The 5,000m² Commercial/Business component must be constructed concurrently with the construction of the Retail Centre component.
The Retail Centre component shall not commence until at least 40% of the proposed Commercial/Business component of floor space is contracted for sale or lease. Proof of the contracts of sale or lease shall be submitted to Council prior to the Retail Centre component commencing use.
Homemaker/Showroom components are excluded from the above provisions.
Building Design
The building design for the Retail Centre development shall be generally in accordance with the approved plans subject to such modifications as are required in order to address the following:-
Deleted.
Provide a lit continuous pathway along the entire northern frontage of the Retail Centre to connect the precincts on either side to the east and west of the SBC site.
A pedestrian/cycleway link is to be maintained beside the OS7 area on the western side to provide a north south link through the site. Once the internal loop road is completed the service vehicles entering this area of the site are to be limited with priority maintained for pedestrians and cyclists.  Works required in order to prevent conflict between pedestrians/cyclists and vehicles are designed by a Registered Professional Engineer and are to be implemented..
Any pathways shall remain open during business hours to allow for free unhindered access.
The detailed design treatment of the service vehicle and pedestrian/cycleway adjacent to the open space area (OS7) shall be provided with an application for operational works. The sealed area beside OS7 shall be utilised as a pedestrian/cycleway providing access beside the OS7 corridor to link with the internal ring road and other parts of the site. The treatment of this area shall be to the satisfaction of Council.
Amenities shall be provided for the Retail Centre generally in accordance with the approved plans and shall include provision for parent rooms.
The design shall include light-weight elements such as colorbond and timber that are consistent with “Noosa Character” to the reasonable satisfaction of the Manager - Land Use. The applicant shall provide a copy of the design drawings detailing the features that are consistent with “Noosa Character” prior to the issue of a development permit for building works.
A Public Art Plan shall be submitted specifying street furniture and art forms to be provided throughout the development prior to the issue of a development permit for building works and to the reasonable satisfaction of the Manager - Land Use. The street furniture and art forms shall be related to a theme that reflects the cultural heritage of the area.
The preferred approach to integrated public art is to include artist in project development teams at the outset of capital works planning and delivery.
The public art can involve the commission of designers to create functional items for internal and external environments that may include, but not limited to, chairs and seating, desks and tables, filing and storage items, lighting, door handles, carpet, textiles and fabrics, and the design and treatment of floors, paving, walls, windows, doors, fencing, lifts and stairwells.  It can involve the purchase of existing works to be permanently sited in public places or the provision of community cultural facilities.
The building design for the Showroom component shall be generally in accordance with the approved plans subject to such modifications as are required in order to address the following:
The buildings and service area on this part of the site shall be relocated further from the Eenie Creek Road and Walter Hay Drive frontages so as to allow for a 10 metre wide open space area (OS3) within the subject site, with the exception of the 5 metre (approximately) strip of service roadway in the vicinity of Showroom Building D. The existing native vegetation within the open space area (OS3) shall be protected to screen the development from these roadways. A 1.8 metre fence painted green is to be erected beside the service road to help screen the ‘back of house’ area.
The buildings shall not exceed a maximum length of 50 metres in any one plane without articulation of at least 2 metres being provided.
The length of any building shall not exceed 80 metres.
The building design shall incorporate sufficient pedestrian/cycle pathways between buildings to provide unimpeded access to the pedestrian tunnels (existing & proposed). To this end the following shall be provided:
Open space areas shall have a width of not less than 10 metres between the buildings to allow for the proposed pathways. Pathways are to be enhanced by landscaping comprised primarily of endemic species.
One open space area is to align with the existing tunnel under Eenie Creek Road west of the existing roundabout.
One open space area is to align with the proposed pedestrian pathway under Walter Hay Drive to the east of the existing roundabout.
Deleted.
The design shall include lightweight elements such as colorbond and timber that are consistent with “Noosa Character” along with some pitched roofing, roof overhangs, window hoods and colour banding using muted earth tones generally in accordance with the approved plans to the reasonable satisfaction of the Manager - Land Use. The applicant shall provide a copy of the design drawings detailing the features that are consistent with “Noosa Character” prior to the issue of a development permit for building works.
Deleted.
A maximum of four flagpoles are allowed to be erected within the development.  The flagpoles are not to be used for advertising purposes.
Deleted.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Dedication and Management of Open Space
The applicant is required at its cost to dedicate to the Crown for environmental park purposes the land shown hatched in red (defined by Annexure 1), labelled OS1 and OS2 (less an area of land having a width of 40 metres adjacent to E7 on MP2, which is to remain in private ownership free from development (Private Open Space)). This dedication will occur within 12 months of a development permit for material change of use taking effect or prior to the use commencing which ever is the earlier.
Prior to the use commencing, the Private Open Space shall be protected by a registered environmental covenant, which shall ensure that the existing native vegetation is maintained to the satisfaction of Council.  The costs associated with the preparation and registration of the covenant shall be borne by the applicant.
A suitably qualified person in consultation with the Council shall prepare a Public Open Space Management Plan (POSMP) for the area of land defined by Annexure 1 (referenced in condition 12) which is to be dedicated as Public Open Space and the Private Open Space.
The POSMP shall achieve the following objectives:
The primary role of OS1 and OS2 is for conservation and waterways protection.
Vehicle access will be kept to a minimum and limited to fire and emergency vehicles and Council maintenance vehicles.  All unnecessary existing tracks and trails will be closed off and rehabilitated and vehicle access points will be limited to as few as possible.
In general, public access to Eenie Creek will not be encouraged.
Bicycles, vehicles, horses and other high-impact recreational activities will not be permitted in this area.
Walking tracks or jetties will not be constructed.
Playground and picnic facilities, rubbish bins and other facilities associated with recreational parkland will not be provided.
Future management and maintenance shall ensure that this area is as self-sustaining as possible.
The POSMP shall, inter alia:
include a statement of environmental values, management issues and management objectives;
include the recommendations from the Bushfire Management Plan for the Public Open Space;
include relevant information about the protection of flora, fauna and water quality conditions contained in this approval;
identify weed control, erosion control and rehabilitation needs within the area and detail how the necessary works shall be undertaken;
identify all existing access points into the Public Open Space and recommend how these shall be managed;
document any rehabilitation, planting or thinning requirements for the Public Open Space;
document the likely edge-effects from which this Public Open Space is likely to suffer and their sources and causes, and recommend actions to avoid or minimize these; and
document all the works and items that the applicant shall undertake, or provide, to establish and secure the Public Open Space prior to dedication.
include any fire management measures necessary for ecological purposes.
Prior to the dedication of the Public Open Space, the applicant shall:
undertake all the weed control, erosion control and rehabilitation works specified in the POSMP;
undertake the fuel reduction specified in the POSMP;
construct and/or provide all the fire trails, fire breaks, hydrants, etc. as specified in the POSMP;
undertake or provide any other works and facilities specified as the applicant’s responsibility in the POSMP (eg. traffic barriers, gates, fencing, etc.)
With regard to the Public Open Space Management Plan (POSMP):
The applicant shall not commence any works (e.g. construction of firebreaks, traffic barriers, etc.) in the Public Open Space and the Private Open Space until Council approves the POSMP
The applicant shall submit the POSMP for approval by the Manager - Land Use prior to the issue of a development permit for operational works for the works within the Public Open Space and Private Open Space.  Approval of the POSMP by the Manager - Land Use shall not be unreasonably withheld or delayed, having regard to the requirements of Conditions 12 and 16.
Open Space Area (OS3) - Preservation of Visual Amenity
OS3 shall be a minimum of 10m wide with the exception of the access points to the site where it may be reduced to 5.0 metres and or as required by the conditions of approval.
With the exception of the area required for the bikeway and footpath to traverse OS3 and where street plantings are proposed, all the existing native vegetation on OS3 shall be retained.
The design and construction of the adjacent roads, drainage, buildings and other works shall not adversely impact upon the existing native vegetation in OS3 with the exception of entry statements in accordance with MP2 and approximately the 5 metre strip of service roadway in the vicinity of Showroom Building D.
The species of street trees to be planted on the edge of, or adjacent to, OS3 shall be selected from the major tree species growing in OS3. Alternatively, they shall be in accordance with the landscaping requirements contained within this approval.
Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS3 to:
restart stalled regenerative processes and facilitate ecological sustainability, and
facilitate the required visual screening.
An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with condition 81.
Prior to the use commencing, OS3 shall be protected by a registered environmental covenant, which shall ensure that the existing native vegetation is maintained to the satisfaction of Council.  The costs associated with the preparation and registration of the covenant shall be borne by the applicant.
Open Space Area (OS5) - Preservation of Visual Amenity
OS5 shall have a minimum width of 12m and a minimum length of 130m generally in accordance with the approved plans. Apart from providing for the temporary access roadway, the existing vegetation within this precinct is to be retained and shall not be disturbed to accommodate carparks, detention ponds, firebreaks or any other infrastructure. Following the construction of the internal loop road that provides access to this part of the site the temporary service road is to be removed and the area reinstated in accordance with the Site Rehabilitation Plan.
Deleted.
The design and construction of the adjacent roads, drainage, buildings and other works shall not adversely impact upon the existing vegetation in OS5 other than the temporary service road and the impact on the existing hydrological regime on which the vegetation depends shall be minimised.
Prior to construction of the adjacent internal loop road, any clearing along the western property boundary for the purposes of a firebreak shall exclude the vegetation/forest within OS5.
The species of street trees to be planted on the edge of, or adjacent to, OS5 shall be selected from the major tree species growing in OS5.  Alternatively, plantings shall be in accordance with the landscaping requirements contained within this approval.
Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS5 to:
restart stalled regenerative processes and facilitate ecological sustainability, and
facilitate the required visual screening.
An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning to be undertaken within OS5. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with Condition 81.
Prior to the use commencing, OS5 shall be protected by a registered environmental covenant, which shall ensure that the existing native vegetation is maintained to the satisfaction of Council.  The costs associated with the preparation and registration of the covenant shall be borne by the applicant.
Open Space Area (OS7) - Environmental Drainage
The OS7 area shall be generally in accordance with MP2 and the approved plans, such that there is no net loss in the area of continuous open space in the OS7 area to facilitate the provision of infrastructure, but excluding the proposed future bridge.
The existing drainage way shall be included within OS7 with at least 10m of native forest on either side of the watercourse. With the exception of:
the bikeways/pathways shown on MP2,
a revegetated (with native species) swale at the northern end of OS7,
outfalls for discharging treated stormwater into OS7 and associated erosion control works,
future bridge (subject of a future application) between retail centre and main employment node E1
No development or construction works shall be permitted in OS7.
Deleted.
Except where necessary for development works native vegetation shall not be disturbed.
The design and construction of the roads, drainage, buildings and other works shall not impact upon the existing native vegetation in OS7.
Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS7 to:
restart the stalled regenerative processes and facilitate ecological sustainability, and
facilitate the required visual screening.
An ecologist in consultation with Council shall determine the need for, and the nature of the reinforcement plantings and/or understorey thinning to occur in OS7. This consultation is to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with Condition 83.
Prior to the use commencing, OS7 shall be protected by a registered environmental covenant, which will ensure that the existing native vegetation is maintained to the satisfaction of Council. The costs associated with the preparation and registration of the covenant shall be borne by the applicant.
Landscaping
A suitably qualified person shall prepare a Landscape Management Plan (LMP) for the development. The LMP shall be driven by the concept of ‘Environmental Excellence’ (as embodied in the Strategic Plan & MP2).  The LMP will show how the development will be integrated into the existing natural environment, and how a unique landscape character will be achieved for the SBC site and it will be to the reasonable satisfaction of Council. This plan shall be submitted prior to an application  a development permit for operational works (landscaping).
Open space within the development is to be provided in accordance with the minimum requirements of MP2.  To this end, landscaping is to be provided so that each component of the development shall have a minimum 10% open space of the area of any development site within a sub-precinct provided that the sub-precinct overall shall have a minimum open space area of 15% of that sub-precinct. For the purposes of this condition, sub-precincts B1 & B2 may be assessed combined.
Plant species used in the landscaping will primarily be species that are endemic to the SBC site.  At least 85% of the species and 85% of the quantity of plants used in landscaping shall be endemic to the SBC site.  However, all the visually dominant components of the landscape plantings, that is the ‘signature species’ (eg. street trees, shade trees in car parks and feature plantings) shall be native species endemic to the SBC site.
Trees and other plants shall not be planted in bedrock or subsoil that will be at the surface of the car park areas after the proposed earthworks engineering works. In these areas, adequate soil and drainage shall be provided for all plantings.
Fauna Protection
Elf Skink
The applicant shall update the Elf Skink Management Plan to include the recommendations of the Environmental Protection Agency in its letter dated 20 June 2003 and it will implement the plan.
Wallum Froglets
The applicant shall incorporate into the Stormwater Management Plan and EMP any reasonable and appropriate requirements made by the EPA with respect to the protection of and management of Wallum Froglets and their habitat on the Shire Business Centre site.
Koala, Glossy Black Cockatoo and other Fauna
Koalas shall not be encouraged (eg. by planting food trees) to utilise OS3.
Plant species used in landscaping and revegetation works shall be selected to provide food and habitat for local fauna (eg. Allocasuarina spp. for Glossy Black cockatoos; Banksias for honeyeaters, etc.)
Any internal fencing on the site shall be compatible with the movement requirements of koalas and other fauna.
No unrestrained dogs shall be permitted on site during construction.
Vegetation Protection
Deleted.
A Risk Assessment Report (RAR) by a qualified arborist shall be prepared for all individual trees and stands of vegetation to be retained within or adjacent to the development areas.  Particular attention will be given to retaining trees with hollows wherever practicable. The applicant shall implement the recommendations of the Risk Assessment Report.
The existing hydrological and ecological characteristics of the downstream wetlands, poorly drained areas and Eenie Creek shall not be altered so as to cause detriment to the existing flora and fauna.
During construction, the boundaries of the open space areas shall be clearly marked for the purpose of preventing access into these areas thereby protecting the vegetation and habitat values.
Within the open space areas no indigenous vegetation shall be cut down, lopped, damaged, disrupted or adversely affected, without the prior written consent of Council.
Within the development areas all areas of vegetation and individual trees to be retained shall be clearly marked.  The applicant shall ensure these areas are protected during construction.
Vegetation and individual trees to be retained in the development areas shall be healthy and vigorous.
All underground services, drainage, footpaths and other site works shall be located to minimise adverse impacts on retained vegetation, particularly their root systems.
Vegetation Removal
Vegetation removal, tree felling and lopping adjacent to vegetation to be retained in the open space areas and beside the vegetation adjacent to Stage 1 shall be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat.
Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums).  If wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.
All cleared vegetation shall be suitably processed or removed from the site by a method approved by Council. Burning is not an acceptable means of disposal.
Weed species cleared from the site shall not be mulched.  Vegetative material from weed species shall be removed from the site and disposed of in a Council approved refuse tip.
Weed and Pest Removal
In order to protect the ecological values of the site the following apply:
prior to first entering the site, all construction machinery and vehicles shall be washed down to remove soil that may contain weed seeds, soil pathogens and pest species;
all nursery stock shall be weed, pest and disease free and certified as such by the supplier;
all imported fill, soil, gravel and other construction and landscaping materials shall be weed, pest and disease free and certified as such by the supplier;
all mulch used on the site shall be weed, pest and disease free and certified as such by the supplier;
all mulch produced on-site by mulching cleared vegetation and trees shall specifically exclude material (particularly seeds) from weed species (eg. lantana, asparagus fern and umbrella trees);  and
the certificates referred to above are to be obtained prior to the use of the material on-site and to be made available to Council.
Soil disturbance in the open space areas shall be kept to a minimum to avoid weed proliferation.
Amenity
Deleted.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment -
(a)	before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following -
(i)	40 dB(A);
(ii)	3 dB(A) above the background noise level
(b)	from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following:
(i)	50 dB(A)
(ii)	5 dB(A) above the background noise level
(c)	from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level.
Fire Management
A Fire Management Plan is required for the developed areas and a Bush Fire Management Plan for the open space and bushland areas. These plans are to be prepared in consultation with the Queensland Fire & Rescue Authority to the reasonable satisfaction of the Manager - Land Use and will not rely on the removal of natural vegetation within OS3, OS4, OS5 or OS7, which is otherwise to be protected.  These plans are to be finalised prior to the issue of a development approval for operational works.  The applicant is required to implement any recommendations of the Fire Management Plan and Bushfire Management Plan. Evidence of any consultation undertaken with the Queensland Fire & Rescue Authority is to be submitted with the plans.
Fire Management Plan (FMP)
The development shall be designed to incorporate all the required fire protection and control measures and devices for the development. To this end, the FMP shall address, inter alia, the following matters:
expected behaviour of fire;
fire hazard management actions and risk minimisation strategies;
building and road layout to reduce fire risk;
setback zones, proposed building construction methods, materials and design;
gutter treatment to avoid the collection of combustible material;
access for firefighters;
access between structures and vegetated areas;
fire suppression and evacuation procedures;
landscaping measures to reduce fire risk;
fuel load management and hazard reduction within landscaped areas;
required infrastructure – vehicle access tracks, firebreaks, hydrants, etc;
maintenance requirements for the above infrastructure;
how fires will be prevented from crossing from development precincts into the adjacent bushland and open space areas;
coordination with other relevant organisations and agencies;
owners and operators training and responsibilities;
specific implementation procedures and responsibilities.
The applicant, future owners and tenants will implement this Plan.

Bushfire Management Plan (BMP)
The “Review of Essential Urgent Bushfire Management At Noosa Civic” prepared by Les Hawkes of the Consultancy Bureau, dated September 2019, and forming part of the application is endorsed as the approved BMP
The BMP shall be implemented by the applicant/owner.
Both the FMP and BMP shall:
Include drawings at the same scale (1:2000) showing the location and dimensions of all firebreaks, fire brigade access roads and access points, location of fire hydrants, building set-back requirements, etc. for the construction and operation stages of the Stage 1 development.
Demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
Meet the provisions of the Queensland Fire and Rescue Authority Act 1990.
Deleted.
Environmental Management Plan (EMP)
The EMP prepared by URS and dated 5 November 2002, is endorsed as the draft EMP for the development, as amended by the conditions of approval. The applicant shall submit an amended EMP to the reasonable satisfaction of the Manager - Environmental Services prior to the issue of a development permit for operational works.
With regard to the particular plans within the EMP, the following are to be addressed:
The applicant shall prepare a Wetland and Aquatic Ecosystem Monitoring Plan providing for monitoring of performance against the relevant criteria in the Wetland and Aquatic Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the Manager  - Land Development and Manager - Environmental Services and shall be provided prior to the application for operational works.  The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan quarterly for five (5) years following the commencement of use.
The applicant shall prepare an Erosion and Sediment Control Ecosystem Monitoring Plan providing for monitoring of performance against the relevant criteria in the Erosion and Sediment Control Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum Froglet population.  The Monitoring Plan shall be to the reasonable satisfaction of the Manager - Land Development and Manager - Environmental Services and shall be provided prior to the application for operational works.  The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (5) years following the commencement of use.
The applicant shall prepare a Water Quality Ecosystem Monitoring Plan providing for monitoring of performance against the relevant criteria in the Water Quality Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum Froglet population.  The Monitoring Plan shall be to the reasonable satisfaction of the Manager  -Land Development and Manager  - Environmental Services and shall be provided prior to the application for operational works. The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (5) years following the commencement of use.
The applicant shall prepare a Soil Contamination and Groundwater Protection Monitoring Plan providing for monitoring of performance against the relevant criteria in the Soil Contamination and Groundwater Protection Monitoring EMP, for the achievement of the control strategies of the Stormwater Management Plan in respect to the influence of groundwater on the Wallum Froglet habitat. The applicant shall report to the Council in writing the results of the monitoring of performance in accordance with the Monitoring Plan on a quarterly basis for five (5) years following the commencement of use.
The applicant shall commission an independent audit of the proposed designs and site layout to demonstrate compliance with the EMP by suitably qualified Environmental Auditor. The audit shall conform to ISO 14010 and ISO 14011 - Guidelines for Environmental Auditing and shall be to the reasonable satisfaction of the Manager - Environmental Services and shall be submitted prior to the issue of a development permit for operational works.
The Environmental Management Plan shall incorporate the requirement for monthly environmental compliance monitoring and annual audit reports to be submitted to the Manager - Land Development for the construction stages of the development. The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:
include tables of the monitoring results (digital form should be in Excel);
include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel);
include a brief written discussion of the results and recommend any necessary actions
The Environmental Management Plan shall incorporate the requirement for three monthly environmental compliance monitoring and annual audit reports to be submitted to Council for the operational stage of the development. The reporting on the operational stage will continue for a period of five (5) years from the commencement of the use. The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:-
include tables of the monitoring results (digital form should be in Excel);
include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel);
include a brief written description of the results and recommend any necessary actions.
Site Rehabilitation Plan (SRP)
A suitably qualified person shall prepare a SRP for the open space areas (OS3, OS5 and OS7) and water quality/quantity control devices such as swales. The SRP shall be prepared and submitted prior to the issue of a development approval for operational works and shall be to the reasonable satisfaction of the Manager  - Land Use.
The SRP shall specify actions to be undertaken to restore the natural ecological processes and facilitate ecological sustainability of the OS3, OS5 and OS7 areas.  They shall include, inter alia:
the need for thinning dense fire-induced undergrowth that has stalled natural regenerative processes,
the need for reinforcement plantings to ameliorate structural deficiencies, biodiversity deficiencies or habitat deficiencies,  and
the required visual screening.
The SRP shall contain specific actions to be undertaken for the water quality/quantity devices to re-vegetate these areas using species endemic to the site so that they become viable and efficient structures in terms of stormwater management, as well as self-sustaining ecosystems.
The SRP shall detail the work required to be undertaken and shall detail, inter alia:
site preparation;
construction materials and details;
weed control;
planting layouts and species;
erosion and sediment control;
planting out procedures and horticultural requirements;
mulching procedures (if any);
fertilising procedures (if any);
irrigation and watering requirements;
on-going maintenance;  and
environmental safeguards.
Advertising, Signage and Entry Statements
An Advertising Management Plan (AMP) shall be prepared for the development detailing the nature and type of advertising to be provided on site and shall include:
the size and types of advertising proposed,
the types of building materials to be used,
the types, size, and locations of any ‘entry statements’ including the use of existing vegetation and landscaping,
the level of illumination, and
how the signage integrates with the built form and open space areas on the site.
The AMP shall be provided to the Council prior to the issue of an approval for operational works for the erection of any advertising devices over the site and shall be to the reasonable satisfaction of the Manager Land Use. The applicant shall implement the Advertising Management Plan.
All advertising signage shall accord with Council’s Local Law No. 16 - Control of Advertising. To this end the applicant shall be permitted to erect 2 pylon signs at the entry points shown on the approved site plan. Further, 1 pylon sign is permitted on the showroom site at the centre of the frontage to the internal loop road.
Telecommunications
The provision of high-speed telecommunications infrastructure is required for the development. Provision for full broad band capacity within the subject site to every tenable area is to be provided that gives access to broadband infrastructure capable of providing at least 150Mbit/s. Such capability is to be provided either by underground conduit or other low visual impact method. The intra-site broadband infrastructure shall connect to a suitable external broadband network.
Energy Efficiency
The applicant shall provide a report detailing what measures have been undertaken with the detailed design of the development to implement the strategies suggested in the Noosa Shire Business Centre Energy Efficiency Assessment Report prepared by Parsons Brinckerhoff dated April 2003. Further the report will detail how the development proposal complies with the energy efficiency conditions contained in this approval and will also examine the viability of delivering at least one third of the Centre’s energy requirements through renewable energy technology. The report is to be submitted prior to the issue of a development permit for building works and shall be to the reasonable satisfaction of the Manager Land Use.
The design of building over 2,500m2 gross floor area shall meet the Performance Criteria of the Brisbane City Council’s City Plan 2000 – Energy Efficient Code (in effect as at April 2003). Design which meets the Acceptable Solutions of the Code shall be deemed to satisfy this condition. Design which does not meet the Acceptable Solutions of that Code, but which otherwise reasonably responds to the Performance Criteria using the alternative mechanism provided in the Parsons Brinckerhoff (PB) report (April 2003), shall be deemed to satisfy this condition. This requirement excludes retail speciality tenancies and display areas within the showrooms.
The design of buildings less than 2,500m² gross floor area shall meet the Performance Criteria set out in the “Design for Climate” Energy Efficiency Policy of the draft Gold Coast City Planning Scheme (as at April 2003).  Design which meets the Acceptable Solutions of that policy shall be deemed to satisfy this condition.  Design which does not meet the Acceptable Solutions of that policy, but which otherwise reasonably responds to the Performance Criteria using the alternative mechanism provided in the Parsons Brinckerhoff report (April 2003), shall be deemed to satisfy this condition.  This requirement excludes retail speciality tenancies and display areas within the showrooms.
Use of lightweight building materials is to be maximised wherever practicable. Hythermal mass external walls shall be insulated and/or shaded from direct sunlight. The use of pre-cast concrete slabs is to be minimised where practicable.
The design of the evaporative cooling system shall seek to optimise energy efficiency by identifying and maximising the advantage of the prevailing winds at the site.
Spectrally selective and/or low emissivity glass shall be incorporated where appropriate in the detailed design, so as to reduce heat transmission to and from buildings.
Hot water requirements of the site are to be provided by solar powered hot water systems, heat pumps, or heat recovered from refrigeration or air-conditioning systems subject to compliance with relevant health regulations.  Where it is demonstrated to be satisfactory by the Manager – Environmental Services that such technology is impracticable, five star solar gas hot water will be accepted as an alternative.
The developer shall seek to apply the energy efficiency strategies listed at Table 5.1 of the Energy Efficiency Assessment report where appropriate in the detailed design of buildings.
Use the Australian Greenhouse Building Rating System (AGBR) scheme to rate the greenhouse and energy performance for commercial/business precinct of the NSBC.
The developer shall prepare and implement a Building Energy Performance The developer shall prepare and implement a Building Energy Performance Management and Monitoring Plan (“BEPMMP”) to the reasonable satisfaction of the Manager Land Use, dealing with programmed time controlled scheduling for all areas capable of separable operation, demand management, trend logging, energy usage monitoring and reporting and exception events reporting.  The developer shall report to the Council in writing the results of the monitoring of performance against the BEPMMP on the first, second and third anniversaries of the commencement of use Stage 1 of the NSBC.  The report shall note the strategies and recommendations of the Parsons Brinckerhoff report (April 2003) that have been carried through to the development.
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The proposed wind catcher ventilation shafts shall be designed to achieve optimal internal ventilation of buildings consistent with acceptable standards of comfort.
The developer will design tenancy agreements to ensure that any self-contained commercial refrigeration used on site will meet any mandatory minimum energy performance standards for self-contained commercial refrigeration to be introduced from July 2005. The developer will also design tenancy agreements to ensure that in general all appliances used on site are as energy efficient as possible.
Waste Management & Recycling
The applicant must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers for each building complex. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.  The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
The development must allow refuse-loading areas to be located off street.  All vehicles associated with the collection of waste/recyclables, shall enter and leave the site in a forward direction.
The applicant is to ensure that operational procedures are in place for the prevention of wind- blown litter on the site during both the construction and operational phases of the development.
Street litterbins and recycling bins to a design approved by Council, shall be supplied and installed at the applicant’s expense at agreed locations.
The applicant shall submit a Waste Management Plan (WMP) for the construction phase of the development prior to the issue of a development permit for operational works. The WMP shall be to the reasonable satisfaction of the Manager Environmental Services, and shall contain information generally in accordance with the following:-

MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note:	Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application.
The applicant shall implement the requirements of the WMP.
The applicant shall submit a WMP for the operational stages of the development prior to the issue of a development approval for operational works. The WMP shall be to the reasonable satisfaction of the Manager – Environmental Health, and shall contain information generally in accordance with the following:
The estimated waste volumes, area for refuse/recycle storage and service access.
The types of waste that will be generated from the activities approved within the development.
Anticipated volumes or tonnage of waste generated from the activities.
Identification of the recyclables within the generated waste stream.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Operational procedures for the storage and collection of waste from the development complex including the collection of recyclables.
Design detail of waste storage and recycling areas including methods of prevention of storm water contamination.
Details of types of waste storage containers to be utilized.
Detail of access to waste collection area for waste collection vehicles.
The applicant shall implement the requirements of the WMP.
Environmental & Health Issues
Approval for the Underground Petroleum Storage System must be obtained under the Dangerous Goods Safety Management Act 2001 and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Health Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage”.
An annual licence is to be obtained from Council’s Environmental Health Section with respect to the storage of flammable or combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods Safety Management Act 2001.  Application for such a licence is to be made prior to the issue of a development permit for building works.
In regard to any food premise an annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
In regard to any hairdresser or beautician establishment an annual licence is required under the Health Regulations 1996 from Council’s Environmental Health Section where hairdressing or skin penetration is to be performed on the premises.
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
For café or restaurant the applicant must provide toilets for customers and staff in accordance with the Building Code of Australia.
Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.  The installation of any mechanical exhaust system is to comply with AS 1.668.2 and AS 1668.1.
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling hairdressing premises for approval by Council’s Environmental Health Section, for any hairdressing or skin penetration premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work on:-
(a)	Monday to Saturday, before 7:00am or after 6:30pm
(b)	Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
For any medical center established on the site a clinical waste service is required for the activities.  The operator is required to arrange with a licensed clinical waste contractor for the commencement of such service.
Trade Waste
The bin washing area is to be roofed and the floor is to fall to a bucket trap with the waste pre-treated by a grease arrestor prior to discharge to the sewer.  Rainwater is to be excluded from the bin washing area.  Bin washing is to take place only at the bin washing area.
Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing.  Where access is restricted, a pump out line is required.
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.  Approval may be granted through the issuing of a Trade Waste Permit.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
All trade waste pre-treatment devices must be easily accessible for servicing purposes.
Building Services
The applicant shall comply with the Disabled Discrimination Act (DDA) requirements in relation to the installation of disabled access and the provision of disabled facilities, and access to this building and the provision of sanitary facilities shall comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
A Plan for equitable access for patrons of the development shall be prepared in consultation with Council’s Equitable Access Reference Group prior to the issue of a development permit for building works to the reasonable satisfaction of the Manager - Land Use.
General conditions
Any fencing provided in conjunction with the development is to be setback an average of two (2) metres to any internal road frontage. Fencing shall not be installed within OS3.
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Existing trees on the site and within road reserves are to be retained, except where removed due to building operations or the conduct of the approved use. The landscape plans are to denote areas of existing vegetation or existing trees to be retained. To this end, the design of the internal loop road, pedestrian and cycleways, and swales within the development may meander in order to facilitate the retention of any existing vegetation where practicable within the proposed loop road area.
Security
Security in the form of a cash bond or trading bank guarantee to the sum of $500,000 must be submitted, to secure performance of all conditions of this development permit, prior to the issue of a development permit for operational works. If Council is required to draw against this guarantee, the applicant will be required to ‘top up’ the guarantee until an amount of $500,000 has been secured.  The total amount of security required to be submitted to Council shall not exceed $1,000,000.  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 this development permit.
Currency
This development permit lapses 4 years after the Development Permit takes effect.
River Flooding
No development is to be undertaken below the Q100 line indicated on Stockwell Drawing Q0201.01b/P dated 19th March 2003.
Eenie Creek Road
Prior to the use commencing the applicant shall, at no cost to Council, construct two additional traffic lanes on Eenie Creek Road between Eumundi Road and Reef Street, to Council’s reasonable requirements, all engineering standards to be generally consistent with those applicable to the existing two lane construction and include works associated for an intersection to the SBC off Eenie Creek Road required by Condition 138.
The use shall not commence until 31 January 2006 or until both Eenie Creek Road Stage 2 between Reef Street and Cooyar Street and Walter Hay Drive between Emu Mountain Road and Eenie Creek are operational to traffic as two way, two lane roads, whichever first occurs.
The applicant shall design and construct, at no cost to Council, a two-lane circulating roundabout intersection to the SBC from Eenie Creek Road, generally in the location shown on the approved drawings.
The intersection and all associated works providing for connection of the pavement and stormwater drainage infrastructure to the Eenie Creek Road infrastructure to be constructed pursuant to condition 136, shall be constructed prior to the commencement of the use under a development permit, and shall be to the reasonable satisfaction of the Manager Land Development.
Walter Hay Drive
The applicant shall dedicate as road reserve, at no cost to the Council, sufficient land from lot 1 on SP 100885 for the construction of Walter Hay Drive in accordance with Council’s approved alignment generally as indicated in the planning and design concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently approved by Council for the detailed design.
The applicant will meet Council’s reasonable design costs and construct a northern roundabout on Walter Hay Drive and two additional lanes between that roundabout and Eenie Creek Road in accordance with Council’s approved alignment generally as indicated in the planning and design concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently approved by Council for the detailed design. The applicant will also undertake all design and construction required to accommodate the necessary changes in alignment to provide access and roadway capacity associated with this development
Possible Agreement
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The applicant will construct the section of the internal loop road that is part of Stage 1 of the SBC generally in accordance with the approved plans. Working drawings in respect of the internal loop road shall provide road widths suitable for accommodating the traffic loadings expected, allowing manoeuvring of all vehicles including articulated and accommodating cycle and pedestrian paths generally in accordance with Council’s Engineering Standards for roads of that type shall be to the reasonable satisfaction of the Manager of Land Development and shall be submitted with the application for operational works. Road pavement widths shall be reduced where possible to enable retention of vegetation.
The design of all sections of the internal loop road shall be consistent with Council’s normal design standards, to facilitate possible future dedication of the loop road and the connections to the external site access intersections.
Internal roadways between the site access intersections on Walter Hay Drive and Eenie Creek Road and the roundabouts on the internal loop road shall be constructed as four lane divided roads and provide queue space of not less than 80 metres between intersection stop or give-way lines for both entry and exit vehicles.
Roundabouts constructed on the internal loop road shall have a minimum diameter that allows the largest vehicles required to access the SBC to negotiate them in an acceptable manner, generally in accordance with drawing 4024/S18 Issue A prepared by MPN Consulting Engineers.
Internal car park and service roadway access driveways to and from the internal loop road shall be located as if the loop road was a public road, with driveways located clear of roundabout queue areas, pedestrian crossings, etc, generally consistent with AS2890.1
Access to the existing childcare centre on the adjacent property (Lot 1 on RP 215933) shall be retained at all times by the applicant. Should the existing access be affected by roadworks, an alternate access is to be provided.  Such access may be considered in the detailed design for the construction of the westbound lanes of Eenie Creek Road between the access intersection to the SBC and Eumundi Road as required by the conditions of this approval to the reasonable satisfaction of the Manager - Land Development.
Public Transport
The applicant shall make provision for bus stops and bus routes on and through the subject site without traversing through carpark areas, in accordance with the reasonable requirements of Council and Queensland Transport. Such facilities should not compromise the possible future development of a regional bus interchange in area E6 of MP2
Provision shall be made for the provision of public transport vehicles with their own access road separate to parking isles other than staff carparking and clear of internal traffic queues or congestion points generally in accordance with the approved plans for the development..
Provision shall be made immediately adjacent to the retail centre for a taxi rank able to accommodate at least six taxis.  This rank shall be located in an area close to major pedestrian routes and where after-hours lighting and security will be maximised, under cover.  The rank should include provision for dedicated phone connections to local taxi companies. Further provision for the bus spaces as shown on the approved plans shall be maintained..
Provision shall be made for state of the art electronic advice notices to advise patrons of the timing of public transport services at the public transport set down and pick up area.
Car Parking
Carparking for the proposed development shall be generally in accordance with the approved plans and the following:
The provision of 978 spaces for the Retail Centre Component
Showroom Component at a rate of 1 space per 36m² of showroom/homemaker floor space TUA – 196 spaces.
Commercial/Business Component at a rate of 1 space per 23m² of commercial/business floor space TUA - 217 spaces
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The car park for the Retail Centre and Showroom shall meet the objectives of MP2 3.5 (j).
The applicant shall ensure the carparking layout for the proposed development prevents conflict between public transport, delivery and service vehicles and visitors cars generally in accordance with the approved plans.
Aisle lengths in the car park in the B3 showrooms shall be maintained in accordance with the approved plans to the satisfaction of the Manager Land Development..
The car parking area shall be drained and the pavement (pervious and impervious) constructed to access road standards to the reasonable satisfaction of the Manager - Land Development. Plans and specifications for these works shall be submitted with and application for a development permit for operational works.
All car parking shall be kept maintained and line-marked in a condition fit for use.
Disabled parking spaces shall be provided for each development component in accordance with the requirements of AS2890.1, in respect of the number, design and location of these spaces.
The design of the car parking areas will comply with the Australian Standards AS 2890.1 and AS 2890.2.
Loading Areas
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All infrastructure shall be kept clear of the OS3 area including the service roadway (with the exception of the 5 metre area at the western end of building D of the Showroom Component) and the garbage collection area. Should part of the existing road reserve adjoining the subject site to the north be included into the site following the dedication of the land for proposed Walter Hay Drive, it is accepted that this area of land can contribute towards the OS3 buffer area to satisfy the requirement for the provision of OS3 under this development permit.
Deleted.
External Works Other Than Roads
Any necessary stormwater drainage systems required by the any external roadworks fronting the proposed development as required by these conditions of approval, will need to be constructed by the applicant as part of those works to the reasonable satisfaction of the Manager Land Development.
Any necessary augmentation or installation of services will also need to be undertaken by the applicant as part of this development to the reasonable requirements of the Council. The services will need to be able to cater for the ultimate development of the SBC.
Pedestrian/Cycle Access
The applicant shall undertake all work indicated on Pedestrian and Cycle Management Plan submitted as Annexure 6 as part of the representations to the decision notice issued 1 May 2003. The applicant shall construct all cycleways and pathways as shown on the Pedestrian and Cycle Management Plan. To this end, the applicant is required to construct a shared pedestrian and cycleway pathway in lieu of the pedestrian pathways indicated in black on the Pedestrian and Cycle Management Plan.
The applicant will design and construct all works required by the approved Pedestrian and Cycle Management Plan for the SBC, subject to any modifications required by these conditions of approval.
The applicant will construct access from the SBC pedestrian and cycleway links to the existing pedestrian/cycleway under Eenie Creek Road, which meets disabled access requirements and has good sight lines into the pedestrian/cycleway tunnel under Eenie Creek Road generally in accordance with option 2 on plan 4024 S26B by MPN Consulting Pty Ltd.
The applicant will design and construct access from the pedestrian and cycleways shown on the Pedestrian and Cycleway Management Plan to the proposed pedestrian/cycleway under Walter Hay Drive, which has good sight lines into the structure. The applicant will be required to contribute 50% towards the cost of the pedestrian/cycle underpass proposed under Walter Hay Drive.
The applicant will design and construct the external pathways for cycles and pedestrians on Eenie Creek Road from Noosa Eumundi Road to the SBC access as part of this development.
Stormwater Drainage & Water Quality
A Stormwater Management Plan for the site including revegetation and remediation shall be prepared and submitted prior to the issue of a development permit for operational works to the reasonable satisfaction of the Manger Land Development. The Stormwater Management Plan shall be generally in accordance with URS’s Report of 19 June 2003” and include “and shall be implemented by the applicant.
The Stormwater Management Plan will address the following:
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Gross pollutant traps shall be installed inline on the piped systems for all paved areas that do not fall to the proposed bio-retention devices prior to the run off entering OS7;
All primary treatment of runoff will be outside the open space area OS7 to ensure compliance with MP2;
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The bio-retention areas within the car parks must be large enough to allow the proposed planting to thrive and have a viable  root system;
The detailed design of the stormwater management system shall provide for water reuse within the site so as to ensure that the hydrology of the open space areas is maintained while using a reasonable quantity of excess water generated by the development within the site for non-potable purposes such as landscape watering generally in accordance with the Concept Stormwater Management Plan to the reasonable satisfaction of the Manager - Land Development. More detailed analysis using MUSIC or equivalent suitable software is required to refine the water reuse assessments as well as pollution management measures, with a one hour (maximum) time step to be used;
Deleted.
The Site Rehabilitation Plan shall provide details about the revegetation of water quality control devices located in the OS7 area and the Landscape Plan shall provide details about the vegetation of water quality control devices in the developed precincts. The Stormwater Management Plan shall demonstrate that the proposed vegetation on the water quality control devices will adequately treat the stormwater and achieve the required water quality.
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Operational works stormwater management planning is to be included;
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Details of the sediment and erosion control for construction management for the development that adequately addresses the extent of site disturbance proposed;
The establishment and operational phases for the project, including at least four per year event based water quality monitoring as detailed in the draft concept Stormwater Management Plan dated 19 June 2003, within the gullies of the site, and in the receiving waters for:
Total Nitrogen.
Total Phosphorus.
Suspended Solids & Turbidity.
pH.
Salinity.
Temperature.
Trash & gross pollutants.
Algal count and identification.
Faecal coliforms.
The applicant shall continue monitoring for a period of 5 years from completion of Stage 1. The results of monitoring are to be submitted to Council in a digital form acceptable to the Manager Land Development.
During the establishment and operational phases the applicant is to undertake inspections for erosion and deposition, and build up of trash and gross pollutants, and other water pollution. These inspections will be carried out after significant rainfall events, and on a three monthly campaign basis for a period of five years from completion of the final stage of construction.  Corrective measures will be implemented where indicated by such inspections.
For the construction phase at least four per year event based water quality monitoring shall be undertaken for:
Suspended Solids & Turbidity.
pH.
Temperature.
Salinity.
Trash & gross pollutants.
In addition to the above, inspections for erosion and deposition, and build up of trash and gross pollutants shall be carried out on a weekly basis during the construction period and corrective measures implemented.
An operational phase Water Quality Management Plan shall be prepared to address water treatment device water quality maintenance requirements for stormwater management measures and devices, contingency measures for aquatic plant growth, loss of vegetation in swales, die off of trees and shrubs in or near any devices, pollution response and algal blooms and shall include a mosquito management strategy.  The plan shall demonstrate compliance with the water quality objectives set and a no worsening over the existing pre-development situation in the site gullies, OS1, OS2 and OS4, in Eenie Creek and the freshwater dam.
Responsibilities for all actions required in the plan are to be clearly delineated.
Non-compliance with prescribed water quality standards shall trigger the implementation of measures/further testing to rectify.
Monthly reports on monitoring, incidents, corrective action and plan updates are required to be submitted to Council during the construction period.  These reports are to be submitted in a form acceptable to the Manager Land Development (including digital form) and are to highlight any non-standard results.
Yield analysis using a 3-hour (maximum) timestep MUSIC or equivalent model is required.  This analysis will need to demonstrate the effect of the proposed works on the water cycle in OS1, OS2, OS4, OS5 and OS7. This modelling shall be undertaken and submitted with the application for operational works
The use of enhanced existing vegetation filtration or alternate methods not requiring clearing is to be used for drainage works to OS5, instead of the proposed construction extended detention basins.
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The bio-retention devices shall be maintained by the applicant in good working order at all times, so as to achieve their intended purpose including periodic replacement of sand and soils. Inspection of the bio-retention devices shall occur at least once every 5 years, and will provide a written report to the Manager Land Development as to their condition and any remedial action taken or proposed to be taken.
Deleted.
All stormwater design and construction on the development will be undertaken in accordance with the approved Stormwater Management Plan.
The applicant is to install water quality control devices generally in accordance with the approved Stormwater Management Plan.  Detailed staging plans and specifications, based on and generally in accordance with the Plan are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
All easements required on downstream properties draining the site either by way of underground drainage or overland flowpaths shall be obtained.
A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare engineering drawings and specifications for stormwater designs and shall be submitted in conjunction with an application for a development permit for operational works (stormwater drainage).
Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties.
The stormwater discharge from the site shall be designed such that there is no net increase in the rate of discharge as a result of the development for storm events up to 100 year ARI.
Stormwater drainage shall include measures to protect proposed allotments from run-off from or to surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and grease, and silt and sediment.
Underground stormwater systems shall be designed in accordance with Noosa Council’s Engineering Design Standards, and shall be connected, where possible to Council's existing drainage systems.
An easement of minimum width 4.0 metres shall be granted in favour of the appropriate party over any Council maintained stormwater pipes that traverse private property.
Designs that concentrate stormwater onto adjoining land shall require separate formal approval from the owner of the land or relevant Government Authority. Such approval shall be submitted with the design in conjunction with an application for a development permit for operational works (stormwater drainage).
The design plans detailing surface levels, which shall be controlled across the site of the development to create as major storm event overland flow path system to cater for the 1:100 year design storm, shall be submitted in conjunction with a development permit for operational works (stormwater drainage). Any overland flow from external catchments shall be accepted and incorporated in the major event surface flow drainage system through the site. Overland flows shall be discharged in a safe manner and the product of velocity time depth shall not exceed 0.4 m2/sec.
All site drainage shall be by means of gravity systems.
Drainage works are to be progressively undertaken in conjunction with development of the site generally in accordance with the approved Stormwater Management Plan.  Detailed drainage plans and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP and these Conditions, are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
All drainage works as required by the Stormwater Management Plan are to be provided by the applicant at its cost.
Deleted.
A minimum floor level freeboard of 0.3m shall be provided for business, commercial and storage areas above the top water level of the stormwater overland flows.
Earthworks
Any excavation or filling works proposed behind the showroom development on the Eenie Creek Road frontage is not to occur within the 10 metre OS3 area (with the exception of the 5 metre length of service roadway at the western end of building D)  to ensure the protection of the existing vegetation within this area, with the exception of the works required to provide the pedestrian and cycleways beneath Eenie Creek Road and Walter Hay Drive and where filling is required at the eastern end of the showroom development to allow for the construction of Walter Hay Drive. The rehabilitation of the OS3 area is to be addressed in the Site Rehabilitation Plan to the reasonable satisfaction of the Manager - Land Use.
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A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill prior to such fill being placed. Batters within the loop road reserve shall be at a maximum grade of 1:4 unless retained by a wall. In all other areas batters will have a maximum batter as determined by a registered practicing Geotechnical Engineer in consultation with Manager Land Development. Landscape treatment of the batters will be a consideration in their agreed slope.
Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill and shall certify that all lots have been compacted to the required standard.
Any existing fill on the site that does not comply with Council’s requirements shall be removed at the direction of the Manager Land Development prior to additional filling works commencing.
Following completion of the filling works, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and a site classification report for each lot subject to filling. The extent of fill and each lot site classification shall be shown on a metes and bounds survey plan.
Acid Sulfate Soils
Where excavations are proposed below R.L 5.0m AHD a report shall be submitted from a suitably qualified person in conjunction with an application for development permit for  operational works (earthworks), to determine if acid sulfate soils are present on site. If acid sulfate soils are present on site the report shall also outline the required treatment and management of the disturbed soils in accordance with the requirements of State Planning Policy 2/02 ‘Planning and managing development involving acid sulfate soils’.
Erosion & Sediment Control
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with an application for a development permit for operational works (earthworks).  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of building works, all physical site control measures shall be installed, and the plan adhered to.
Town Water Supply
The applicant will construct at its cost a second feed in conjunction with the construction of the Walter Hay Drive access if the anticipated loading on the system for the ultimate development exceeds the equivalent of 35 tenements.
Sizes of the mains are to be a minimum of 150mm diameter and are to be confirmed by a network analysis carried out by Councils consultants at the applicants cost.
A water supply master plan for ultimate development shall be to the satisfaction of the Manager - Land Development and shall be submitted in conjunction with an application for operational works (water supply). The Water Supply Master Plan will consider metering of individual occupancies and common (body corporate) flows as well as the reticulation system and valving arrangements. All water infrastructure will be designed and constructed in accordance with the approved Water Supply Master Plan.
Sewer Capacity
The applicant at its costs will construct the proposed sewer rising main in the development to discharge to Manhole NV40/01/18 in Eenie Creek Road.
The existing sewer pump station and rising main are to be upgraded by the applicant to the standards and requirements as detailed in Councils Engineering Design Manual - Water & Sewerage.
A Sewer Master Plan for ultimate development shall be submitted to the reasonable satisfaction of the Manager Land Development in conjunction with an application for a development permit for operational works (sewer works).. All sewer infrastructure will be designed and constructed in accordance with the approved Sewer Master Plan.
All internal reticulation works (both water and sewerage) are to be constructed in accordance with Noosa Council Engineering Standards for Water and Sewerage (depending on tenure may be classified as private main when completed) and checked by Council with full as constructed requirements as per Council standards.
Service Easements
All infrastructure shall be covered by easements where necessary to the reasonable satisfaction of the Manager Land Development.
No building or other structure shall be constructed or encroach over an easement. Any building or structure within proximity of an easement of Council’s or any other public utility’s underground infrastructure must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure. Foundations must be taken down a minimum of 1m below a line of influence measured 1m in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).

Headworks
Headworks contributions are required for Water Supply and Sewerage and will be charged in accordance with Council’s Planning Policies, PSP 28 - Water Supply Headworks Contributions and PSP30 - Sewerage Headworks Contributions. These headworks are to be paid by the applicant prior to the issue of a Development Permit for Building Works. An estimate only of the expected contribution is:-
Retail Centre	$466,608.00
Showroom & Commercial/Business	$260,340.00
TOTAL	$726,948.00
General
Prior to undertaking any excavation, the person acting on this permit shall contact public utility service providers to ascertain the location of their underground services.
The applicant shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of construction of the proposed development.
Where kerb and channel is constructed at a road intersection or any other place it is provided, disabled access shall be incorporated.
No Council property or facility shall be interfered with during works associated with this development without Council approval.
A Traffic Management Plan is to be prepared by a Registered Professional Engineer of Queensland addressing safety during construction, including pedestrian safety, in accordance with the Manual of Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks Signing Guide. A copy of which is to be submitted to Council for their records prior to construction commencing.
All designs for engineering works involving the construction of pavements, kerb and channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared in accordance with the requirements of Council's Engineering Design Standards, shall reference where applicable to Council’s Standard Drawings and shall incorporate best engineering practice.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a development permit for operational works.
213	Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site
Prior to commencement of the use, or a certificate of classification being issued (whichever occurs first), a certificate shall be submitted to Council from a registered Professional Civil Engineer of Queensland certifying that the operational works have been inspected and no items have been identified that suggest the work has not been completed in a workmanlike manner.
As Constructed drawings certified by a registered surveyor and a registered Professional Civil Engineer of Queensland showing the extent and finished levels of the filling works are to be submitted for Council's records, prior to the use commencing.
These drawings must fully detail levels for all engineering works including water supply and sewer reticulation, drainage structures, building floor levels, finished ground levels effluent trenches and pavement surface levels. Drawings shall be on transparencies, a hard copy highlighting any changes from design and in electronic format on an IBM PC compatible floppy disk in a format capable of integration with Council’s computer system.
Fire hydrants are to be provided throughout the development in accordance with Council and Queensland Fire Service standards.
Conduits and kerb markers shall be installed for all necessary service crossings of roads to Council's satisfaction. An "As Constructed" plan showing the locations of the conduits shall be submitted to Council prior to acceptance of the works "On Maintenance".
Prior to the use commencing, a State Survey Mark shall be provided within the site. It shall be levelled and located to the requirements of the Manager - Land Development. A ‘Form 6’ shall be submitted for Council's records.
Each State or other permanent survey mark shall be installed clear of overhead vegetation, making it suitable for Global Positioning Equipment, and accurately connected to at least one real property corner by a registered Surveyor.
The applicant shall satisfy all relevant requirements of the Water Act 2000.
The developer is to implement the use of small-scale solar photovoltaic powered pumps for irrigation systems and power for outdoor lighting. The development should utilise a significant amount of renewable energy produced on site.
Use of occupancy censors for HVAC, Lighting systems and Automated Toilet Flush systems were appropriate.
Use only native tree species for landscaping to reduce the amount of water needed to be pumped for onsite irrigation. Only drip irrigations systems or systems with similar or better water and energy conservation qualities are to be used on site.
Development does not result in obtrusive lighting as described in the Australian Standards AS4282 “The control of the obtrusive Effects of Outdoor Lighting”.
Rainwater is captured on site and used to irrigate garden beds and for flushing toilets. Rainwater storage tanks should be plumed, to allow refilling from mains supply, as well as utilize the force of gravity for distribution.
All infrastructure within the site shall be maintained to the reasonable satisfaction of the Manager Land Development.
Additional Conditions 13 April 2006 (Outdoor Dining)
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 24089 Sk06 Issue B; 24089 SK05 Issue C; 24089 SK07 Issue C prepared by Jeremy Ferrier Landscape Architect and dated August 2005; and RET0017 E - P1 prepared by Thomson Adsett Architects dated 12 July 2005 and as may be amended by these conditions.
Only ancillary dining facilities associated with Showroom 4 in Area 1 are permitted and no greater than 10 chairs shall be provided within either the premises or adjacent outdoor area.
The outdoor dining areas associated with the Retail Centre component shall not exceed 599m².
The outdoor dining areas located along the northern façade of the Retail Centre (Area 2) shall be reduced in size so as to allow the adjacent pedestrian pathway to have a minimum width of 2 metres.  The outdoor dining landscaped buffer shall have a minimum width of 1.2m is to be provided as shown on the approved plans.
The eastern area of the Retail Centre (Area 3) shown on the approved plans comprising 155m² is to include 2 trees in pots located on the proposed dining area.
A total of 15 carparks and 7 motorcycle spaces are to be provided for the development in addition to the carparks and motorbike spaces required by the Negotiated Decision Notice dated 14 August 2003
Pedestrian access to all shop entrances shall be kept clear at all times.
Any paved or deck areas are not to be enclosed with shutters, glass panelling, fixed roofs or the like, thus remaining as open areas.
All outdoor dining areas shall not include roll-up or drop plastic sheeting.
Any shade covers proposed shall be removable or retractable such as umbrellas and roll-back awnings and be constructed from lightweight materials of natural muted earth tones to compliment the approved building to the reasonable satisfaction of the Manager Land Use.  Fixed non-retractable shade covers shall not be utilised.
Landscaping shall be constructed as indicated on the approved concept plans.  Appropriate species and pot sizes must be approved by the Manager Land Use prior to the commencement of landscaping construction.  The species selected shall be in accordance with the requirements of the approved Landscape Management Plan.
The following additional contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from December 2005 until the date of payment.
Water Supply	$1,914
Sewerage	$1,046
TOTAL	$2,960
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Car Wash Facility
238	Waste water and stormwater management shall be in accordance with the Hydraulic Services Plan and Stormwater Management Plans dated 27 February 2018
239	Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or groundwater at the premises except for:
i	Uncontaminated Overland Stormwater flow;
ii	Uncontaminated Stormwater to the stormwater system;
iii	contaminants released to sewer under and in accordance with a trade waste permit
240	Releases to water must not cause any visible oil slick or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.
241	The Holder must ensure that:
i	maintenance and cleaning of equipment (including vehicles and plant) is carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, a water or onto unsealed ground;
ii	any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or a water.
iii	incident rainfall and overland flow of stormwater does not contact contaminants
242	Any proposed signs, fences, landscaping and barriers (permanent or temporary), particularly along the northern end of the car wash facility and excluding the approved structures, must not obstruct sight distances or compromise the widths of existing traffic lanes and parking aisles.
243	Appropriate line marking must be provided in accordance with the consulting engineer’s recommendations to demarcate the proposed car wash area/s and the allocated reserved parking spaces.
244	The works must be constructed in accordance with a Construction Management Plan prepared by a suitably qualified person and must specifically address the following:
a. 	Traffic Management during all aspects of the construct phase including:
i.	A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
ii.	Maintenance of safe and unobstructed traffic environment near the construction site.
iii.	Maintenance of safe pedestrian access across the frontage of the construction site both during daily construction and after daily construction has ceased.
iv.	Proposed fencing to the site during the construction phase of the development.
v.	Adequate parking arrangements for construction workers to minimise impact on the customers and users of the parking areas.
vi.	Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
vii.	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 and services and other relevant issues.
referral agencies
CONCURRENCE AGENCY CONDITIONS (PETROLEUM PRODUCT STORAGE - ERA 12)
The development contains a service station and fuel storage, which is classified as an Environmentally Relevant Activity Level 2.  The following schedule (Schedule A) details the environmental conditions that apply to the environmental authority for the conduct of the activity.
SCHEDULE A
Noise
1.	The emissions of noise from carrying out the environmentally relevant activity must not result in levels greater than those specified in table 1.
TABLE 1.
NOISE LIMITS AT A NOISE SENSITIVE PLACE
Period	Noise Level at a Noise Sensitive Place measured as the Adjusted Maximum Sound Pressure Level LAmax adj,  T
7 am - 10 pm	Background noise level plus 5 dB(A)
10 pm - 7 am	Background noise level plus 3 dB (A)
Period	Noise Level at a Commercial Place measured as the Adjusted Maximum Sound Pressure Level LAmax adj,  T
7 am - 10pm	Background noise level plus 10 db(A)
10 pm - 7 am	Background noise level plus 8 db (A)
Air
2.	Where Petroleum products are to be transferred from a delivery vehicle to an underground fuel storage tank, and where an installation receives collectively more than 520 kilolitres of petroleum product during a twelve (12) month period, then the underground fuel tank and delivery vehicle shall be fitted with “Vapour Recovery System” equipment.  Such equipment shall be installed in accordance with Australian Standard (AS) 1940, Australian Institute of Petroleum (AIP) CP6-1986 and AIP CP4-1993.
3.	The aboveground tank shall be fitted with a “pressure vacuum valve” on the atmospheric vent.  The pressure vacuum valve shall be set to closed when the pressure in the tank is between the design operating maximum pressure and the design operating maximum vacuum in accordance with AS 1692.
Wastewater and other Liquid Waste
4.	Wastewater and other liquid waste shall be discharged to sewer or transported to an approved hazardous waste facility.  The licensee must comply with the conditions of a current trade waste permit issued of the site and/or conditions of an approval to transport to an approved hazardous waste facility.
5.	Vehicle or equipment wash down shall not be conducted in a manner which may cause the contamination of surface stormwater run-off.
6.	Wastewater from car washing must not be directed to the stormwater and can only be directed to sewer under the conditions of a trade waste permit.
7.	Drainage from paved forecourt and areas on which a vehicle can stand while being fuelled or transferring petroleum products, shall be directed by appropriate surface grading into grated sumps, floor silt arrestors, floor basket arrestors, gutters and/or grated drains leading to underground drainage systems dedicated only to stormwater runoff, which finally discharge into stormwater drainage systems as approved by the local authority.
8.	Uncontaminated stormwater from roofed areas and uncontaminated ground areas shall be directed away from petroleum loading and dispensing areas.
9.	Wastewater and other liquid waste shall not be discharged or released to waters.
10.	Provision shall be made to contain any leakage/spillage and contaminated waste water from above ground petroleum product storage tanks and package storage areas, and to prevent it from contaminating surrounding soil and stormwater.  As a minimum, spill control measure shall be in accordance with AS 1940.
11.	Drainage from tank and package store bunds and compounds must be manually controlled so that all wastewater passes through treatment facilities before release to the environment.  Any valve controlling the drainage from a compound shall be located outside the bund.  The valve shall be of a type in which the distinction between open and closed positions is obvious and shall be closed and locked at all times except when flow to the treatment facility is authorised by management.
12.	Provide a notice adjacent to the bund valve displaying the following:
13.	“Bund drain valve to be kept closed and locked”
14.	Minor spills shall be controlled by use of absorbent material such as rags, kitty litter or similar and disposed of with industrial refuse.
15.	Provide fill point to aboveground tank inside bund containment with a dry break coupling or spill tray to prevent incidental spill during refueling.
16.	Clean and maintain bund compound integrity at all times.
Solid Waste
17.	All solid waste shall be removed from the premises to an approved waste facility by a licensed waste transporter.
General
18.	All storage of flammable and combustible liquids must be stored in compliance with Australian Standard AS 1940 - 1993 “The Storage and Handling of Flammable and Combustible Liquids”.  If storage limits exceed minor storage, then an application for licence for the storage of flammable and combustible liquids must be lodged with the local authority.
19.	Develop an inventory control system.  Such inventory control measurements shall be reconciled by comparing product and water level measurements with dispenser metre readings and deliveries.  The reconciliation shall be conducted for each individual tank each day that product is added or removed from the underground storage tank.  The inventory control computations on any loss or gain of product shall be included with a monthly summary of cumulative losses or gains of product.
Note: Inventory control records and reconciliation data shall be:
a)	maintained and kept on site
b)	kept in an acceptable manner and format
c)	made available to the administering authority
d)	maintained for a minimum of 5 years
20.	When a loss of product or discharge is indicated by any unexplained variation greater than 0.5% in the inventory reconciliation, the operator shall immediately notify the Administering Authority.
21.	In the event of a situation creating environmental harm pertaining to a spill, leak, fire, explosion or similar, the Administering Authority shall be notified and advised of the incident and circumstances as soon as reasonably practicable after becoming aware of the event.
22.	All mechanical and electrical leak detection equipment shall be inspected and tested annually.  All records shall be kept on site for a minimum of 5 years.
23.	Ensure tank abandonment is carried out by either removal of the tank, or filling the whole of the tank with an inert soil material such as sand, concrete or other approved material, and the disconnection of all pipes from the tank as stipulated in AS 1940 and the Contaminated Land Act.
24.	Ensure all persons working on site where petroleum products are stored shall have relevant training in accordance with AS 1940 clause 9.3.
25.	Ensure that the premise is licensed with the Local Authority under the Dangerous Goods and Safety Act 2001.
advisory notes
Not Applicable
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Not Applicable
submissions
Application No. 132002.220285
There were 3341 properly made submissions were received. 1125 not properly made submissions were received.
Application No. 132002.220285.5
There were no submitters
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.
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

Yours faithfully,

Kerri Coyle
Manager, Development Assessment