Amended Decision Notice - Council Meeting Decision MCU17 0572 (3)

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU17/0572
Your Reference:	PR137996-1
11 June 2018
NKS Corporation Pty Ltd
C/- RPS Group
PO Box 6149
MERIDAN PLAINS  QLD  4551
[email protected]
Dear Sir
Amended Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 May 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU17/0572 and OPW17/0611
Street address:	175 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 RP 131576
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Retail Business Type 5 Vehicle Uses & Retail Business Type 2 Shop)
Development Permit for Operational Work – Advertising Devices
currency period of approval
The currency period for the Development Permit for Material Change of Use is 6 years starting the day that this development approval takes effect.
The currency period for the Development Permit for Operational Works is 2 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
2	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10615_DA02	13	Site Plan, prepared by nettletontribe	16.04.2018
10615_DA03	5	Service Station Plan, prepared by nettletontribe	06.04.2018
10615_DA12	4	Roof Plan and Canopy Signage, prepared by nettletontribe	06.04.2018
10615_DA21	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA22	7	External Elevations - Sheet 2 prepared by nettletontribe	11.04.2018
10615_DA23	4	Streetscape Elevations prepared by nettletontribe	11.04.2018
10615_DA40	2	Pylon Sign prepared by nettletontribe	09.02.2018
		Arborist Brief, prepared by Treesafe Australia Pty Ltd	April 2018
ED 17230_ DA_01	F	Concept landscape plan MCU Application by element design	November 2017
The building must be constructed and finished with the materials and colours detailed on the approved plans.
Nature and Extent of Approved Use
3	The approved Gross Floor Area of the Convenience Shop is 123m².
4	No more than 10 seats may be provided to the Retail Business - Type 2 Shop & Salon.
Performance Bond
5	Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works for any civil works (or landscaping). The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
External Works
6	Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A realignment of the kerb line and construction of the bus stop generally in accordance with Figure 1 prepared by MRCagney dated 12th April 2018
widening and sealing of the existing road pavement to the new kerb alignment
any line marking associated with the new alignment and the bus stop
the bus shelter and associated infrastructure constructed as per Coastal Bus Shelter Design by Majstorovic Architecture 05/11/15 Rev B: Shelter C2
the realignment of the existing footpath. The width of the new section of path must be the same width as the existing path.
The relocation of any existing street lighting and existing services. All works to existing third party services must be in accordance with the requirements of the relevant service provider.
This condition is imposed pursuant to s646 of the Planning Act 2016 as the bus stop is necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed driveway must be provided from Eumundi Noosa Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers generally in accordance with Council’s Standard Drawing RS-051 and any associated addendum
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveway to warn motorists of pedestrian movement along the frontage street
Car Parking
A minimum of 11 car parking spaces, 4 motor cycle space and an air/water parking space must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
2 staff parking spaces within the total, which are clearly marked for that purpose
Signage and line marking must be provided to indicate the customer car parking spaces
1 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 for the relevant user class
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and in accordance with the approved plans.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a realigned footpath within the road verge for the entire length of the site’s frontage to Eumundi Noosa Road. The realigned pathway must smoothly transition to the existing path on either side of the subject site.
This condition is imposed pursuant to s646 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the Civil Engineering Report prepared by ADG dated February 2018 and the Engineering Response Memorandum dated 9 February 2018.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with a Building Works for above ground tanks, or Operational Works Approval for below ground tanks and must include the re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
An acid sulfate soils investigation (with recommendations) for the management of the proposed development must be undertaken by a qualified person* in accordance with the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0 (2014), or a more current version and submitted with the application for Operational Works.
All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway.
Retention of Existing Trees
All works must be carried out in accordance with section 4 of the Tree Safe Pty Ltd report listed within this Decision Notice.
The Poinciana tree located within the road reserve must be retained.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
works shown on the approved Concept Landscape Plan, including the provision of a minimum of 3 x 100 litre trees between the building and Eumundi Noosa Road.
1.50-metre-wide landscaping strip on the Eumundi Noosa road reserve frontage adjacent to the landscaping within the site, exclusive of the access driveway, generally uncompromised by infrastructure items, except for the eastern side of the entry crossover.
Provision of 1 street tree within the road reserve west of the exit crossover, the tree must be a local native species.
Provision of landscaping on the adjoining Council reserve (Lot 22 RP881370). The landscaping must be at least one metre wide and be provided adjacent to the common boundary between the existing tree and the front boundary.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENVIRONMENTAL HEALTH
Underground tanks
Prior to the commencement of the use underground tanks shall be constructed and installed in accordance with the following:
Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product or tanks are to be made of a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
Tanks are to be double-walled with an interstitial space.
Tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures, or the equivalent or tanks are to meet the requirements of AS1692-2006 Steel tanks for flammable and combustible liquids, or the equivalent.
Tanks are to have an overfill protection valve installed in the drop tube of the tank. The overfill prevention valve shall be calibrated to prevent the tank from being filled in excess of 90% of its capacity.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the underground tanks have been constructed and installed in accordance with the above requirements must be submitted to Council.
Pipework
Prior to the commencement of the use pipework shall be constructed and installed in compliance/accordance with the following:
Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS 4897. The design, installation and operation of underground petroleum storage systems.
Product piping is to be double-walled with an interstitial space.
Each tank fill point is to be clearly labelled and identified in accordance with AS 4977 Petroleum products - Pipeline, road tanker compartment and underground tank identification.
Each tank fill point is to be fitted with a camlock type or other liquid-tight connection.
Each tank fill point is to be provided with spill containment of at least 15 litre capacity per spill point.
All fill and vapour recovery points are to be earthed in accordance with AS 1020.0 The control of undesirable static electricity and AS 3000 Electrical installations.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the pipework has been constructed and installed in accordance with the above requirements must be submitted to Council.
Leak detection for underground tanks
Prior to the commencement of the use underground petroleum storage tanks shall be monitored for leaks in accordance with the following:
Establish a statistical inventory analysis system that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive) or install automatic tank gauging that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive).
Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
Prior to the commencement of the use product pipework shall be monitored for leaks in accordance with the following:
Install electronic line leak detection for pressure piping that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive); or
Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council, or
Prior to the commencement of the use certification from a suitably qualified person that the safe suction design has been installed and tested to comply with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems must be submitted to Council.
Fuel dispensing areas
Prior to the commencement of the use fuel dispensing areas shall be constructed and installed in accordance with the following:
All ground surfaces within the fuel dispensing area are to be constructed of impermeable materials such as waterproofed, reinforced concrete that is free of gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to be used between treated concrete slabs.
The fuel dispensing area is to be clearly demarcated from the uncovered forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.
A canopy shall be installed over fuel dispensing areas. The canopy shall overhang by a horizontal distance of at least one-quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area.
A liquid-tight dispenser sump is to be installed under each dispensing unit. It is to be designed to house all pipework joints and fittings and to collect and contain any leak.
Signage indicating ‘flows to stormwater treatment system’ is to be provided at all drainage inlets within the fuel dispensing area.
The fuel dispensing area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the fuel dispensing area has been constructed and installed in accordance with the above requirements must be submitted to Council.
Uncovered forecourt area
Prior to the commencement of the use uncovered forecourt areas must be constructed and installed in accordance with the following:
All ground surfaces of the uncovered forecourt area are to be constructed to provide a sealed surface, free of gaps or cracks.
Signage indicating 'flows to stormwater treatment system' is to be provided at all drainage inlets in the uncovered forecourt area.
The uncovered forecourt area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the uncovered forecourt area has been installed and constructed in accordance with the above requirements must be submitted to Council.
Road tanker delivery stands
Prior to the commencement of the use the road tanker delivery stand shall be located fully within the fuel dispensing area or the road tanker delivery stand located within the uncovered forecourt area shall be constructed and installed in accordance with the following:
the area shall be large enough so a tanker can fit wholly within the delivery stand area.
the area shall be clearly demarcated.
the area shall be drained to a collection sump that normally drains to the uncovered forecourt area’s stormwater treatment system.
a diversion valve shall be installed that diverts drainage to the containment and treatment system for the fuel dispensing area during filling operations.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the road tanker delivery stand has been designed, constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
Prior to the commencement of the use construct and install stage 1 vapour recovery for underground systems storing motor spirit/petrol that has:
vapour return lines that return all vapour displaced from the storage tank to the delivery tanker.
a design that prevents the mixing of product in piping common to more than one tank.
vapour-tight couplings on the vapour line that close automatically when disconnected.
incompatible liquid and vapour couplings.
a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe, or accepted equivalent.
the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that stage 1 vapour recovery equipment has been constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment shall be designed and installed in accordance with the following:
VR2 equipment shall be installed on all dispensers for motor spirit/petrol in compliance with NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations and the Storage and Dispensing of Petroleum Products Planning Scheme Policy (2014).
VR2 equipment shall be designed and approved by the German TÜV and shall incorporate a visual indicator that the vacuum operates when fuel is dispensed. The approval must be in accordance with the provisions of Ordinance on the Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor Vehicles-21, BImSchV (2002).
VR2 equipment shall be installed in accordance with the manufacturer’s specifications by a duly qualified person.
VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must not be less than 85% vapour recovery to liquid dispensed by volume as measured using a test for active vapour recovery systems in Verein Deutscher Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
Prior to the commencement of the use VR2 equipment shall be tested by a duly qualified person in the manner specified in the NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations.  A copy of this certification shall be provided to Council together with certification demonstrating that the system has been installed in accordance with the above.
Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that VR2 equipment is in use. Additional signage stating that VR2 equipment is in use shall be attached to the service station premises.

Spill Containment
Fuel Dispensing Area (Higher Risk Area)
Spill capture capacity must be sufficient capacity to hold a volume equivalent to at least the largest tanker compartment likely to be delivering fuel to the site (>8kL)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property boundary.
Stormwater quality discharge criteria.
Stormwater quality discharge must be to the following minimum standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
≥90% reduction in gross pollutants
There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property.
Stormwater quality discharge must be to the following standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS)
≥90% reduction in gross pollutants
High-flow bypass / first-flush capture design capacity must be designed to meet the defined discharge criteria during a storm up to the 3 month ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
Submit Certification
Prior to the commencement of the use certification shall be provided to Council demonstrating that the system has been installed in accordance with the above.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided throughout the car park to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
OPERATIONAL WORKS CONDITIONS
Advertising devices undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10615_DA12	4	Roof Plan and Canopy Signage, prepared by nettletontribe	06.04.2018
10615_DA21	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA22	7	External Elevations - Sheet 2 prepared by nettletontribe	11.04.2018
10615_DA40	2	Pylon Sign prepared by nettletontribe	09.02.2018
Advertising devices authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for any civil works onsite.
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following:
The pylon sign must be setback at least 1.50 metres from the front boundary
Each side of the pylon sign must not exceed a total of 4m2 of signage
A maximum of one illuminated sign is permitted for the site; and
No illumination of the stripes on the canopy face.
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (i.e. third party advertising).
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved illuminated sign must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station illuminated sign which may remain on during trading hours.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
Cessation of Use
The approved signs must be removed from the site upon cessation of an associated use.
referral agencies
Not applicable

advisory notes
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/chargers) and water saving devices . For further information go to http://www.noosa.qld.gov.au/sustainable-homes
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
The applicable Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit for operation works.  Where payment of the levy is required, Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the Building and Construction Industry (Portable Long Service Leave) Act 1991 and its amendments, you should contact QLeave on 1800 803 481 (free call), (07) 3212 6855 or refer to http://www.qleave.qld.gov.au.
Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
traffic management during all aspects of the construction phase including:
i.	a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
ii.	maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
HYDROLOGY
Qualified Person
For the purpose of certifying that the design of the stormwater harvesting tanks is in accordance with the requirements of this Decision Notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland (RPEQ); or
a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
ENVIRONMENTAL HEALTH
Underground Petroleum Storage System
All instruments, equipment and measuring devices used for measuring or monitoring in accordance with any condition of this notice, must be calibrated, operated and maintained in accordance with the manufacturer’s specifications.
There must be no change, replacement or operation of any plant or equipment installed, if the change, replacement or operation increases or is likely to substantially increase the risk of environmental harm.
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Act) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit in the approved form.
A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.  Environmental harm is defined as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.
Persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
The development must not cause any interference with the environment or amenity of the area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines under the Act apply for such offences.
Noise from building works associated with commercial and or industrial development should comply with the following –
limited to between 6:30am to 6:30pm Monday to Saturday.
all reasonable measures are taken to minimise noise emissions.
not permitted on Sunday or public holidays
A contaminant (including a waste) must not:
be buried at the premises
be in contact with soil at the premises
directly or indirectly seep or penetrate into the soil
(eg. liquid waste, gas cylinders or hazardous fines must not be disposed of into an industrial or domestic waste bin.
Regulated wastes (inc. oily water/spilt hydrocarbons etc) contained in the forecourt spill containment sump/vessel should only be removed by a regulated waste contractor.
Wastewater and other liquid waste should be discharged to sewer or transported to an approved hazardous waste facility.  The operator must comply with the conditions of a any current trade waste permit and/or conditions to collect and transport regulated waste to an approved hazardous waste facility.
Food Business Licence Approval
Where any food business is included in the development, the following is required:
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food Business License from council’s Environmental Health Section prior to use of those premises.
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
Plans and approval is required for any mechanical exhaust ventilation system, which must comply with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings”.  Certificates must be provided certifying the system (Form 15 & 16) complies with the Standard and be lodged with council prior to commencement of trade.
Certification by a suitably qualified person* that the plan design and/or installation and operation of the mechanical exhaust ventilation system, complies with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” and the requirements of this Decision Notice must be submitted to council.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation.
Mechanical Exhaust Ventilation System – Food Preparation Area
For the purpose of certifying the kitchen mechanical exhaust ventilation system, a suitably qualified person is :
a Registered Professional Engineer of Queensland;
the manufacturer for the purposes of certifying the Building Act 1975 Certificate Form 15
a Qld Building Construction Commission Licenced Building Certifier or a Registered Professional Engineer of Queensland for the purposes of certifying the Building Act 1975 Certificate Form 16
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Access, Landscaping and Earthworks
Development Permit for Building Works	All Building Works (private certification)
submissions
There were 10 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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

Enc:	List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Jan Miller		[email protected]
Michelle Collier	26 Jacksonia Place NOOSAVILLE QLD 4566	[email protected]
Wolgang Groh	PO Box 1793 NOOSA HEADS QLD 4567	[email protected]
Clytie Glass		[email protected]
Jo Ball	16/39 Lake Weyba Drive NOOSAVILLE QLD 4566	[email protected]
Mary Hayden	PO Box 265 NOOSAVILLE QLD 4566	[email protected]
Doug Saunders		[email protected]
Ian Vant	Units 1-2/1 Rene Street NOOSAVILLE QLD 4566	[email protected]
Chloe McKoy	22 Ghostgum Court TEWANTIN QLD 4565	[email protected]
Anna Hayden	6 Riverbreeze Avenue NOOSAVILLE QLD 4566	[email protected]

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	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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