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MCU22/0051 Application For Material Change Of Use Hardware & Trade Supplies At 178 Eumundi Noosa Road, Noosaville · Attachment 1 - MCU220051 – Proposed Conditions

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              ATTACHMENT 1 – MCU22/0051 – PROPOSED CONDITIONS
PLANNING
     When Conditions must be Complied With
1.   Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
     the use commencing, and then compliance maintained at all times while the use continues.
     Currency Period
2.   This development approval lapses if the use has not happened by 26 October 2029, unless
     an application to extend the currency period is approved by Council.
     Approved Plans
3.   Development authorised by this approval must be undertaken generally in accordance with
     the Approved Plans listed in the tables below. The plans must be amended to incorporate
     the amendments listed within the table below and resubmitted to Council prior to the issue
     of any Development Permit for Operational Works

       Plan No.            Rev.    Plan/Document Name                               Date

       DA02                E       Site Plan of Layout Proposed Bulk Trade 23.08.2023
                                   Yard Undercroft Car Parking prepared by
                                   Group 4 Architects

       DA03                E       Site Plan of Layout Proposed Bulk Trade 23.08.2023
                                   Yard First Floor Level prepared by Group 4
                                   Architects

     The following plans require amendment.

       Plan No.             Rev.   Plan/Document Name                               Date

       DA04                 D      Site Plan of Layout Proposed Bulk Trade 22.08.2023
                                   Yard Roof Plan prepared by Group 4
                                   Architects

       DA05                 E      Site Plan of Layout Proposed Bulk Trade 23.08.2023
                                   Yard Typical Sections prepared by Group 4
                                   Architects

       DA06                 E      Site Plan of Layout Proposed Bulk Trade 23.08.2023
                                   Yard Elevations prepared by Group 4
                                   Architects

       Amendments           An eave overhang a minimum of 1.2 metres wide must be provided
                            to the building’s front façade to provide further interest to the street.

     *(Refer to Advisory Note)
     Nature and Extent of Approved Use
4.   The approved use must not operate outside the hours of 6am to 6pm Monday to Sunday.
5.   The approved Bunning Warehouse Store on the balance area of the site must be operated
     in accordance with the development approval (07/0256), which includes a significant
     hardware component and trade sales area.
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      Building Appearance
6.    External design features, materials and finishes must be as shown on the Approved Plans,
      with no inclusions or alterations made without approval in writing by Council.
7.    External colours and finishes must be of muted environmental tones, with broad expanses
      of a single colour not permitted. Walls must be broken up by varying tones or design
      elements and generally consistent with the colour scheme on the approved plans. The
      proposed colour scheme must be different to the existing Bunnings Warehouse Store on the
      balance area of the site.
8.    Waste storage areas, and mechanical equipment are screened from the street.
9.    No part of the site may be used for outdoor storage of materials.
10.   All mechanical equipment and other service infrastructure located on the site must be:
      a.    located not less than 2 metres from a property boundary.
      b.    fully enclosed or screened such that they are not visible from the street frontages nor
            adjoining properties. Where screened by landscaping, landscaping beds must be at
            least 1.5 metres wide.
      Staff Amenities
11.   On site amenities, including seating, tables and rubbish bins, must be provided for staff
      protected from weather and removed from any noisy or odorous activities.
12.   End of trip facilities must be provided for staff including 2 lockers, 1 shower cubicle with an
      ancillary change room, and 2 bicycle spaces must be provided on site.
      Building Height
13.   The maximum height of the development must not exceed 12.125 metres above the ground
      level, including the exposed portion of the external façade of the building where excavation
      is undertaken.
14.   Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
      certifies that the building does not exceed the maximum height requirement of this Decision
      Notice.
      Landscaping Works
15.   The development site must be appropriately landscaped. The works must be undertaken in
      accordance with an Operational Works approval and the Noosa Plan for that specific area
      and must include in particular:
      a.    The works generally shown on the Landscape Concept Plan 155.004.SD001B,
            155.004.SD002B and 155.004.SD003B prepared by Citicene dated 9.02.2023 except
            where varied by the conditions of this approval. The landscape plans are to incorporate
            a three-tiered landscape buffer to the street frontage incorporating the following
            additional species:
            •     Corymbia tessellaris
            •     Eucalyptus intermedia
            •     Melaleuca quinquenervia
            •     Banksia integrifolia
      b.    Vegetated screening of the proposed development from Gateway Drive, designed such
            that the development is screened at maturity;
      c.    Vegetated screening of any electrical transformers, bin storage areas and the like from
            the road frontage;
      d.    Provision of 1 street tree within the road reserve for every 8 metres of road frontage.

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16.   All landscape works must be established and maintained in accordance with the approved
      design for the life of the development, and in a manner that ensures healthy, sustained and
      vigorous plant growth. All plant material must be allowed to grow to full form and be
      refurbished when its life expectancy is reached.
      Fauna Management
17.   Vegetation must only be removed or disturbed in accordance with a Fauna Management
      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
      Works approval.
      *(Refer to Advisory Note)
      Waste Management
18.   A waste storage area must be designed and maintained in accordance with Planning
      Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
      The waste storage area must be:
      a.    imperviously paved and correctly sized for all refuse and recycling containers;
      b.    bunded and graded so that wastewater and bin leakage drain to the sewer;
      c.    provided with a conveniently located hosecock and backflow prevention device,
            connected to a water supply to service the area; and
      d.    roofed or otherwise covered.
19.   A Waste Management Plan must be prepared that details the type and quantity of waste
      material that is likely to be generated by the development; where and how the waste will be
      stored, disposed of and procedures for handling the waste. The Waste Management Plan
      must be submitted and approved by Council prior to the issue of a Development Permit for
      Operational Works.
      Performance Bond
20.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
      be submitted to Council, to secure performance of all conditions of this approval, prior to the
      issue of a Development Permit for Operational Works. The cash bond or trading bank
      guarantee will be returned on 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.
      Acid Sulfate Soil
21.   The disturbance and release of Acid Sulphate Soils must be avoided by:
      a.    Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
            National Acid Sulfate Soils Guidance.
      b.    not excavating or otherwise removing soil or sediment containing ASS;
      c.    not permanently or temporarily extracting groundwater that results in the aeration of
            previously saturated ASS; and
      d.    not undertaking filling on land at or below 5 metres AHD that results in:-
            i.    actual ASS being moved below the water table; or previously saturated ASS
                  being aerated.
      Where potential or actual Acid Sulfate Soil is identified, all works must be caried out in
      accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
      *(Refer to Advisory Note)

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      External Works
22.   Gateway Drive must be upgraded for the length of its frontage to the subject site allowing for
      suitable transition of works. The works must be undertaken in accordance with an
      Operational Works approval, the approved plans of development and must include in
      particular:
      a.   A road reserve dedication in favour of Council, maintaining a minimum verge width of
           5m along the development frontage.
      b.   Modification of the existing pavement marking to extend the channelised right turn lane
           (CHR).
      c.   Extension of the existing yellow line marking “No Stopping” zone.
      d.   Construction of a pedestrian footpath in accordance with the conditions of this Decision
           Notice.
      Condition 22 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      Site Access and Driveways
23.   Sealed access driveways must be provided from Gateway Drive to all parking and
      manoeuvring areas of the development. The works must be undertaken in accordance with
      an Operational Works approval and must include in particular:
      a.   Driveway crossovers in accordance with IPWEA Standard Drawing RS-051 and the
           approved plans of development.
      b.   Provide signage and line marking in accordance with the Department of Transport and
           Main Roads Manual of Uniform Traffic Control Devices (MUTCD) that clearly denotes
           separate entry and exit driveways for the development.
      Car Parking
24.   A minimum of 57 car parking spaces must be provided and marked on the site and made
      available and accessible at all times while the use is open for business. The works must be
      undertaken in accordance with an Operational Works approval and must include in particular:
      a.   Provision of vandal resistant public lighting with intensities to satisfy the requirements
           of Australian Standard AS1158: Public Lighting Code;
      b.   One (1) disabled parking space/s within the use area;
      c.   Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
           Parking Facilities.
25.   All car parking areas and access driveways must be maintained exclusively for vehicle
      parking and manoeuvring and kept in a tidy and safe condition at all times.
26.   Directional signage must be provided to direct visitors and customers to the car parking
      spaces provided on site.
      Paving Treatment of Vehicle Movement Areas
27.   Alternative materials, patterns, or threshold treatments must be used to articulate the
      pavement treatment of vehicle movement areas.
      Pedestrian and Bicycle Facilities
28.   Pedestrian and bicycle facilities must be provided for the development. The works must be
      undertaken in accordance with an Operational Works approval and must include in particular:
      a.   A two metre wide concrete footpath within the road verge for the entire length of the
           site’s frontage to Gateway Drive and connecting to the existing path fronting Lot 11
           SP170295.
      b.   Pedestrian pathways between the proposed car parking area and the building/s.

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      c.   Adequate separation of all specific pedestrian routes from vehicle access and
           manoeuvring areas, and clear demarcation by pavement marking, signposts or
           changes in surface materials or levels.
      d.   Signage and lighting at strategic locations to direct people to building entries and public
           toilet facilities.
      e.   Pedestrian refuge areas at strategic locations within the carpark to ensure safe and
           convenient congregating of pedestrians waiting to cross major access driveways.
      f.   A total of 2 bicycle parking spaces
      g.   End of trip facilities involving 2 lockers, male and female showers and change rooms.
      Condition 28a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      Stormwater Drainage
29.   Carry out the development to ensure that adjoining properties, reserves and roads are
      protected from ponding or nuisance from stormwater as a result of any works undertaken.
30.   The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with an Operational Works
      approval, AS3500.3 and the Queensland Urban Drainage Manual, and must include in
      particular:
      a.   Underground detention tanks and drainage works generally as shown in Appendix C
           of the Site Based Stormwater Management Plan Rev 07, prepared by ACOR
           Consultants, dated 24/08/2023
      b.   Collection and discharge of stormwater to Council’s underground pipe network in
           Gateway Drive
      c.   Extension of the site stormwater system to accommodate stormwater from the external
           catchment East of the site, including registration of drainage easements over the pipe
           network within the subject site in favour of the upstream lot.
      d.   Cut off drains along the Eastern site boundary to convey external catchment flows up
           to the 1%AEP climate change event into the pipe network within the site
      e.   The use of gravity stormwater drainage and not surcharge pits.
      Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
      infrastructure.
      Stormwater Quality Management
31.   A stormwater quality treatment system must be provided for the development. The works
      must be undertaken in accordance with an Operational Works approval and the Bioretention
      Technical Design Guidelines (Water by Design, 2014), and must include in particular:
      a.   Stormwater quality treatment devices of a size and location generally in accordance
           with those shown in Appendix C of the Site Based Stormwater Management Plan Rev
           07, prepared by ACOR Consultants, dated 24/08/2023
      b.   A minimum 5kL rainwater harvesting tank, plumbed to supply toilet flushing and
           landscape irrigation
      c.   Bioretention devices which:
            i.   Are designed generally in accordance with IPWEAQ Standard Drawing No. DS-
                 073.
           ii.   Are provided with a free-draining outlet from the sub-soil drainage system.
      d.   Incorporation of a primary stormwater quality treatment system for the effective
           removal of gross pollutants.

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32.   Permanent educational signage must be erected to educate the customers to the
      development about the function of the bioretention device(s). The dimensions, standard,
      presentation and location of the educational signage must be in accordance with an
      Operational Works approval.
33.   All vegetated stormwater quality treatment devices must be maintained in accordance with
      the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
      primary treatment devices maintained in accordance with the manufacturer’s
      recommendations. The approved Operational Works drawings for the stormwater quality
      treatment system and detailed life cycle costing of the system must be attached as an
      addendum to this document and kept on site by the operator of the development. Records
      of all maintenance activities undertaken must be kept and made available to Council upon
      request.
      Easements
34.   Unless otherwise agreed in writing by the relevant service provider, any public or third party
      infrastructure located on the subject site must be placed within an easement registered
      against the title of the property.
35.   All easements must be designed in accordance with the planning scheme and granted at no
      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
      documentation must be in accordance with the Grantee’s standard easement terms. Draft
      easement documentation must be submitted to Council for endorsement.
36.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
      Earthworks and Retaining Walls
37.   All fill and associated batters must be undertaken in accordance with an Operational Works
      approval and contained entirely within the subject site unless written permission from the
      respective landowner(s) is provided to Council. The Operational works approval is to be
      generally in accordance with the Bulk Earthworks Plan C03-001 and Bulk Earthworks Section
      C03-101 dated 21.02.2023 and prepared by Acor Consultants
38.   Design all earth retaining structures within private land in accordance with Australian
      Standards, Building Code requirements and Noosa Planning Scheme current the time of the
      operational works application and the following:
      a.   Earth retaining structures must be certified by a Registered Professional Engineer
           Queensland (RPEQ) where exceeding 1.0m in height.
      b.   The minimum design life (the period assumed in design for which a structure or
           structural element is required to perform its intended purpose without replacement or
           major structural repairs) for the earth retaining structure that is specified in Table 3.1
           of Australian Standard AS4678;
      c.   Earth retaining structures within the land and around areas of cut on or near the
           boundaries of the site must be designed to allow for live and dead loads associated
           with the land/premise’s current occupancy use;
      d.   Where the adjoining land use rights or zoning allows for industrial uses a minimum live
           load of 25kPA must be allowed in the design of the retaining structure for these
           adjoining premises.
      e.   All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
           with a commercial grade safety fence.
      Acid Sulfate Soils
39.   If earthworks trigger assessment, prepare an Acid Sulfate Soil Investigation Report and if
      required an Acid Sulfate Soils Management Plan prior to the commencement of works. The
      reports and analysis are to be undertaken in accordance with the Noosa Plan 2020 and
      prepared by a suitably qualified person.

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40.   Prior to the commencement of use, provide certification from a suitably qualified person that
      all works have been undertaken in accordance with the Acid Sulfate Soil Management Plan.
      Preparation of a Preliminary Construction Management Plan
41.   A preliminary Construction Management Plan must be submitted with the Operational Works
      application and must address the following:
      a.   Traffic management during all aspects of the construction phase including:
            i.   Traffic Management Control Plan in accordance with the Manual of Uniform
                 Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                 control measures prior to construction.
      b.   Maintenance of safe pedestrian access for the areas affected by the works during and
           after daily construction has ceased.
      c.   Provision for worker car parking.
      d.   Maintenance and protection of water quality and existing drainage lines through the
           construction site, through the implementation of appropriate erosion and sediment
           control measures.
      e.   Works programme identifying key components of the works and their respective
           durations.
      f.   Include signage in prominent locations on the boundaries of the site advising of the
           proposed development, the expected time frames and the site contact details.
      g.   Identification of complaint management procedures including:
            i.   Contact details for the on-site manager.
      h.   Dispute resolution procedures.
      i.   If the proposed earthworks exceed 1000m3, provide details on the location of external
           fill sites/sources, the haulage route, type of vehicle to be utilised during filling
           operations and frequency of usage. NB any damage to the existing road system as a
           result of haulage operations shall be fully repaired at the applicant’s expense.
      j.   It is acknowledged that the preliminary Construction Management Plan will be a draft
           document requiring finalisation upon appointment of the Principal Contractor employed
           to construct the works and a final document will be required to be submitted at the Pre-
           Start Meeting for the project.

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