SUPERSEDED - Changed Approval MCU16/0079.01

Officer:	Patrick Murphy
Direct Telephone:	61753296436
Our Reference:	MCU16/0079.01
Your Reference:	n/a
29 August 2017

Planit Consulting Pty Ltd
PO Box 1623
KINGSCLIFF QLD  2487

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 17 August 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	MCU16/0079.01
Street Address:	5 Memorial Avenue Tewantin
Real Property Description:	Lot 10 SP 273411
Planning Scheme:	The Noosa Plan (28 October 2016)
Decision details
Council on 16 February 2017 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Extension to existing RSL Club
In relation to the request to make a change to the existing approval, Council decided to:
A.	Approve a change to conditions 2, 9 and 12.
B.	Include additional condition 45
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 16 February 2017, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1.	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
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
1620/DA/1.02	D	Existing/Demolition Ground Floor Plan	15/05/17
1620/DA/2.01	P	Proposed Basement Plan – Stage 4	28/07/17
1620/DA/2.02	L	Proposed Ground Floor Plan – Stage 4	28/07/17
1620/DA/2.05	K	Proposed Roof Plan – Stage 4	28/07/17
1620/DA/3.01	G	Sections – Stage 4	28/07/17
1620/DA/4.01	K	Elevations – Stage 4	28/07/17
1620/DA/5.01	G	Landscape Concept Strategy – Plan	28/07/17
1620/DA/5.02	E	Landscape Concept Strategy	28/07/17
Nature and Extent of Approved Use
3.	The proposed development provides for an extension to the Gaming Area (providing for a maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
4.	The proposed Children’s Lounge is to remain an enclosed structure and is not to be used as an open balcony or break out area in association with the Function Room.
5.	The proposed development shall be setback at least 2m from the Pelican Street frontage and 4m from Doonella Street, with the exception of Stair 3, which is to be setback not less than 0.85m. The basement carpark area is to remain predominantly an open structure, where above ground level, with all openings fitted with open timber battens as shown on the approved plans. The building setback areas to the basement shall be densely landscaped to screen the basement area from both Doonella and Pelican Streets.
6.	Access and egress to the existing Function Room is to be obtained via the main entry to the RSL building and is not via the doors providing access to the new service carpark area at this level. These doors are not to be used in association with an additional break out area by patrons using the Function Room.
7.	All open space areas shown on the Overall Site Plan, prepared by Planit Consulting, dated September 2016 and Landscape Concept Strategy Plans 1620/DA/5.01 Rev E and 1620/DA/5.02 Rev C dated 30/01/17, are to be landscaped in accordance with the Statement of Landscape Intent provided. The applicant is required to provide the equivalent number of mature trees lost by the development of the site, in the landscaped open space areas. A number of larger trees are to be provided in the open space area to the north of the RSL development and behind the existing commercial buildings on the subject land. The landscaping of the open space areas is to be undertaken to the reasonable satisfaction of the Manager, Planning and Environment.
8.	The length of the car park podium to the Pelican Street frontage must be broken up through the use of large feature trees at the Pelican Street/Doonella Street corner and again at the entrance to the car park from Doonella Street as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev E dated 30/01/17.
9.	The landscape planter boxes shown on the proposed ground floor plan Drawing No. 1620/DA/2.02 revision L dated 28/07/17 at the rear podium car park must provide for a minimum soil depth and width of 600mm and incorporate appropriate drainage and plumbed irrigation. The landscape planter boxes must be located immediately adjacent the approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev G dated 28/07/17
10.	Security gates must be designed to reflect the overall architectural finishes of the building by using battening.
11.	The access driveway to Doonella Street must be closed to all vehicles after 7pm at night, with a security gate installed for this purpose.
12.	Prior to the installation of ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’, a sample of the material must be provided to Council demonstrating to Council’s reasonable satisfaction that the material is reflective and in keeping with the heritage character of the area.
Landscaping Works
13.	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:
a.	Local native species suitable for the site including advanced pot sizes of 25L, 45L and 100L.
b.	a 2 metre wide landscaping strip along the Pelican Street frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items. The landscape design must include plants which screen the development to a minimum height of 4m.
c.	a 4 metre wide landscaping strip along the Doonella Street frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items. The landscape design must include plants which screen the development to a minimum height of 4m.
d.	Planted grasses, shrubs and trees in landscaping beds to the existing grassed area in the car-park area servicing the post office.
e.	The existing trees located in the 2m Pelican Street frontage and the 4m Doonella Street frontage must be retained in accordance with an Arborist Report prepared by a qualified person* and endorsed through an Operational Works approval. Any trees nominated for removal must be replaced at a 2:1 ratio for each removed, with a minimum pot size of 100L.
*(Refer to Advisory Note)
14.	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.
Building Height
15.	The maximum height of the development must not exceed RL 17.880m (AHD) as shown on the approved plans for the development.
Performance Bond
16.	Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Sunset Clause for Completion of Approved Development
17.	Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this development approval lapses if the whole of the approved use has not happened by 19 January 2021.
Building Appearance
18.	All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Noise
19.	The applicant is to implement all of the recommended acoustic treatments provided in the Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016, as they relate to Stage 4 of the development. The applicant is to provide additional noise attenuation for the smokers terrace area to prevent the reliance on staff having to manage subdued patrons using this area. Further, the applicant is to provide suitable sound attenuation for the bin storage area to reduce adverse noise impacts caused by rubbish being placed in the bins. These additional sound attenuation measures are to be certified by a suitably qualified and experienced noise expert.
20.	The following specific acoustic treatments are to be applied to the building construction and design as outlined in the CRG Acoustics Report of 11 July 2016:
a.	Sound lock doors must be installed at the proposed smoker’s terrace as detailed in the development application plans (Rubicon: Proposed Ground Floor Plans: Stage 4 plan and Stage 5 & 6 plan).
b.	Driveways, ramps and car park areas must be finished with surface coatings which prevent tyre squeal (an uncoated surface is acceptable).
c.	All drainage grating over trafficable areas must be secured in a way that prevents rattling or nuisance noise.
d.	Car park exhaust ducting is to have acoustic insulation before and after any right angle bend (900) at the outlet end of the exhaust fan/s.
e.	Car park exhaust discharge riser is to be lined with 50mm thick insulation (hydrophobic fibreglass batts min. 32kg/m2 ) faced with perforated metal (min. 12% open face area)
f.	A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic seals) must be used for all new external windows and glass doors of the function / dining extension, children’s lounge and the new alfresco lounge.
g.	New external walls of areas where amplified entertainment is proposed should be constructed to achieve a minimum Rw rating of 50.
h.	Roof/ceiling of areas where amplified entertainment is proposed should be constructed to achieve a minimum Rw rating of 50.
i.	At the time of installation, new mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc associated with Stage 4 of the development, should be installed within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and 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 (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
Acoustic Report
21.	An acoustic report prepared by a suitably qualified person* is to be submitted to Council confirming assessment and certification of measured noise levels from the new mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc comply with the noise limits as set out in Table 1 and all other relevant noise conditions of this Decision Notice associated with Stage 4 of the development.
22.	The report is to be submitted after commissioning any new equipment (with all plant and equipment operating at the same time) and when all building extensions are complete.
23.	Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
Suitably Qualified Person* - Certification
For the purpose of measuring and certifying compliance with relevant noise conditions of this Decision Notice, a suitably qualified person is either:
i.	a Registered Professional Engineer of Queensland, or
ii.	an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Outdoor Lighting Devices
24.	Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1 and not cause a nuisance to the adjacent residential areas.
25.	Vehicle headlight emissions from the carpark are to be adequately shielded to prevent spillage beyond the site into any adjacent residential buildings.
External Works
26.	The Doonella Street and Pelican Street frontages of the site must be upgraded for the full length to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
b.	removal of the existing property access points and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
c.	relocation/reinstatement of existing on-street parking bays
d.	linemarking of the relocated/new on-street parking bays
Site Access and Driveways
27.	A sealed access driveway must be provided from Doonella Street and Pelican Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	driveway crossovers in accordance with Council’s Standard drawing RS-051
b.	suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit ramp from the underground parking area to warn motorists of pedestrian movement along the frontage street
c.	sight lines to pedestrians and vehicles in accordance with AS/NZS2890.1:2004. Certification of the design by an RPEQ must be provided as part of the Operational Works application
Car Parking
28.	A minimum of 120 car parking spaces and 4 motor cycle spaces must be provided and marked on the site and must be made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
b.	Disabled parking spaces within the total
c.	dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
29.	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.
30.	Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site
Paving Treatment of Vehicle Movement Areas
31.	Alternative materials, patterns, or threshold treatments must be used to articulate the pavement treatment of vehicle movement areas.
Service Vehicles
32.	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 be in accordance with Council’s Planning Scheme Policy 9 – Waste Management. The development must include in particular delivery/service/waste areas that are accessible by a 12.5m vehicle.
Pedestrian and Bicycle Facilities
33.	Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	a 1.8 metre wide footpath within the road verge for the entire length of the site’s frontage to Pelican Street and Doonella Street. The path must be extended to the existing full width path in Memorial Avenue
b.	signage and lighting at strategic locations to direct people to building entries
c.	a total of 13 bicycle parking spaces
Stormwater Drainage
34.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	a stormwater drainage system that collects and discharges runoff such that there is no net increase in stormwater runoff from the site.
b.	the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
35.	A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and achieve the pollution reduction targets of the State Planning Policy Appendix 2 Water Quality and be modelled in accordance with the Water by Design MUSIC modelling guidelines or the Water by Design deemed to comply solutions.
36.	Stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations or Water by Design “Maintaining Vegetated Stormwater Assets” guidelines. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retrofitted into the development to achieve an equivalent pollutant reduction outcome.
37.	All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
38.	The ongoing maintenance plan for the development must include the operations and maintenance manual for the water quality device/s and must include the full cost of maintaining the system. This maintenance plan must be provided as part of the subsequent operational works.
Easements
39.	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.
40.	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.
41.	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
42.	All excavation/filling and associated retaining structures 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.
43.	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
44.	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:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.	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.
A lift must be provided for patrons to access the RSL from the basement car park.
referral agencies
Not Applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Noise Building Works
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.
Food Business Approval – Food Act 2006
For the new kitchen proposed 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.  Note: the business currently holds a Food Business licence no. FH10/ 0138.
Plans and an application for amendment of Food Business Licence is to be made to council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.  Note: a full plan assessment fee may apply if there are major  alterations food preparation area.
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 must comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
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 1668 and the requirements of this Decision Notice must be submitted with the application for Licence.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation.
Horizontal hot air discharge from the mechanical exhaust ventilation system in the direction of neighboring properties and/or the street precincts is not desirable and may constitute an environmental nuisance under the Environmental Protection Act 1994.
Toilets for customers and staff to be provided in accordance with the Building Code of Australia.  Design advice is to be obtained from a building certifier on numbers and standards, including disabled access.
For the purpose of certifying the kitchen mechanical exhaust ventilation system, a suitably qualified person is considered to be:
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 for the purposes of certifying the Building Act 1975 Certificate Form 16
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.
Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).  Form 15 & Form 16 under the Building Code of Australia is required to be provided prior to use of the restraint starting operations where exhaust systems have been installed.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works
Development Permit for Operational Works (Earthworks, Stormwater, Access & Parking)
self assessable codes
Advertising Device Code
submissions
Nil
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager – Development Assessment

cc	Unitywater

Enc:	Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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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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