Extension to Currency Period - Approved 132005.220.05

Officer: 	Wilhelm Koschade
Direct Telephone: 	 53296215
Our Reference:	132005.220.05
Your Reference:	n/a
17 November 2017
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Dear Sir/Madam,
Change to an Existing Approval
Planning Act 2016
I refer to your request received on 6 September 2017, to extend the currency period for an existing development approval. On 16 November 2017, Council decided to approve your request.
Details of the decision are as follows:
APPLICATION details
Application No:	132005.220.05
Street address:	70 Carpenters Road & 25 Jarrah Street Cooroy
Real property description:	Lot 3 SP 242414 & Lot 1 SP 248288
Planning Scheme:	The Noosa Plan (3 July 2017)
decision details
Council on 8 October 2009 decided to issue the following type of approval:
Preliminary Approval to Override the Planning Scheme for 22 Village Industry Lots
Development Permit for Reconfiguring a Lot (22 Village Industry Lots, a Balance Lot, Drainage reserve and Park Lots)
In relation to representations, Council on 18 January 2010 decided to:
A.	Amend Section 2 of the Decision Notice to include the following additional approval type:
Development Permit for Reconfiguration a Lot (22 Village Industry Lots, a Balance Lot, Drainage reserve and Park Lots)
B.	Agree to amend Conditions 6 & 11
C.	Agree to delete Conditions 38 and 40
D.	Amend Condition 39
E.	Refuse to delete Condition 10 for the following reason:
The 20m vegetated buffer will provide adequate visual screening of the acoustic fence from the adjacent residences.
F.	Issue a Negotiated Decision Notice incorporating the above changes.
In relation to the request to make a change to the existing approval, Council on 5 June 2012 decided to:
A.	Approve a change to conditions 39 & 46.
In relation to the request to make a change to the existing approval, Council on 15 December 2011 decided to:
A.	Change Condition 1
B.	Delete Condition 34
C.	Include an additional Condition
D.	Amend the list of Approved Plans and Documents
E.	Include the additional conditions provided by the Department of Environment & Resource Management in its letter dated 13 December 2011.
F.	Amend the list of Approved Plans and Documents
In relation to the request to make a change to the existing approval, Council on 5 June 2012 decided to:
A.	Approve a change to conditions 39 & 46.
In relation to the request to make a change to the existing approval, to extend the relevant period, Council on 2 October 2013 decided to:
A.	Approve a change to Condition 11.
In relation to the request to make a change to the existing approval, Council on 18 December 2014, decided to:
A.	Change Condition 114.
B.	Change Advisory Note 1.
In relation to the request to make a change to the existing approval, Council on 16 November 2017, decided to:
A	Approve a change to Condition 11
relevant period of approval
The relevant period for this development approval is identified in the Assessment Managers Conditions.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plan is numbered 38979-I titled “Plan of Proposed Industrial Development over Lots 1 & 5 on SP188234” prepared by Murray & Associates (Qld) Pty Ltd) dated 5 October 2011 and as may be amended by these conditions.
General
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The requirements of this development approval are to be effected, prior to the use of the premises.
Plan of Development
A Plan of Development for the site shall be provided prior to sealing of the Plan of Survey to the reasonable satisfaction of Council. The Plan of Development shall incorporate the following:
A table identifying consistent and inconsistent uses for the site and assessment levels in accordance with the assessment table for the Industry Zone under The Noosa Plan and that all development is required to comply with The Noosa Plan provisions;
Noxious, offensive or hazardous industries as defined under the Superseded Schedule to the Planning Scheme shall be identified as inconsistent uses on lots 9 to 27 and shall be subject to an impact assessable application;
All buildings on lots 14 to 16 shall be set back a minimum of 6 metres from their northern boundary, with this 6 metre setback to be landscaped.
Additional Acoustic Treatment provisions shall apply to uses on lots 9 to 27 including:-
All industrial uses shall operate only between the hours of Monday to Friday 7am to 6pm, and Saturday 8am to 5pm.
An Acoustic Report prepared by an acoustic consultant to be submitted with each application to Council, demonstrating that noise will not exceed the following levels:-
Period 7am – 6pm day	Adjusted Maximum Sound Pressure Level Limit
	Noise Sensitive Place Background noise level plus 5dB(A)	Commercial Place: Background noise level plus 10dB(A)
The report shall identify measures to mitigate the potential noise impacts and meet the respective levels identified and include at a minimum:-
Buildings on lots 9 to 15 and 27 to be located adjacent to the rear lot boundaries to ensure the building screens the noisier activities, such as loading docks, open yards and other external activities from residences.
For lots 9 to 27 continuous plant such as air conditioning and refrigeration plant shall not be mounted on the building roof and shall be located in a manner that provides acoustic shielding from nearby residences.
All recommended fire mitigation measures from Fire Hazard Assessment and Management Report prepared by Building Design Alternatives Pty Ltd and dated November 2006.
All stormwater management measures required on the allotments by the applicable stormwater conditions of this development approval.
The rear (western) elevations of all buildings on Lots 8 to 18 and Lot 27 shall be finished in muted environmental tones that blend with the natural surrounds.
Balance Parcel
Lot 50 is a balance parcel with the lot to remain vegetated, apart from clearing of weeds.  Prior to any industrial use of Lot 50, a further Reconfiguration of a Lot application will be required to facilitate the rehabilitation and protection of vegetation associated with the watercourse traversing the eastern boundary of the lot and include this area within Environmental Reserve Lot 101 by means of a boundary realignment.
Landscaping and Vegetation
The vegetation buffer areas shall be landscaped in accordance with Council’s Policy on Landscaping Guidelines, the Fire Hazard Assessment and Management Report dated November 2006 and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist.  Such landscaping is to be completed prior to sealing of the plan of survey and maintained in accordance with the Revegetation & Rehabilitation Management Plan (RRMP) for the site as required by the conditions herein.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  These landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.
All selective trimming of overhanging branches from vegetation within the vegetated buffer/park areas as detailed in the recommended mitigation measures of the Fire Hazard Assessment and Management Report and dated November 2006 shall be undertaken prior to sealing of the plan of survey.
Streetscape
The road reserve to all frontages of the site shall be landscaped in accordance with Council’s Policy on Landscaping Guidelines.
Properly prepared landscaping plans prepared by a qualified Landscape Architect or Horticulturist and submitted to Council for approval in conjunction with an application for any Development Permit for Operational Works incorporating landscaping.  The plan shall show the entire site and road reserves to illustrate all new vegetation proposed, all existing vegetation to remain, and any vegetation to be removed.  Where other permits for Operational Works for roads, drainage or access are required, the landscaping layout shall be based on approved drawings for those Operational Works.  The landscaping plans are to include but not be limited to:-
Street tree planting,
Road and service locations,
Vegetating parkland areas,
Existing vegetation to be retained,
Measures employed to ensure vegetation retention,
Removal of undesirable species, and
Provision of a water service connection to each landscaped area on public land or road reserve.
Such landscaping is to be completed in accordance with the approved landscaping plan prior to acceptance of the development On Maintenance and maintained thereafter for a three-year period to the reasonable satisfaction of the Council.
Acoustic Fence
An acoustic barrier fence (1.8 metre high above finished ground level at a minimum) shall be installed along the rear boundary of Lots 10 - 13. The barrier fence shall be made from material that is 10Kg/m2 or greater, be continuous and free from gaps or penetrations and completed prior to sealing of the plan of survey.
Relevant Period
The Preliminary Approval to Override the Planning Scheme and Development Permit for Reconfiguring a Lot lapses if the works have not been completed by 8 October 2021, unless an application to extend the currency is approved by Council.
Security/Bonds
Prior to commencement of any Operational Works arising out of this permit, security in the sum of $150,000 must be lodged with Council, to secure performance of all conditions of this permit.  The security shall be in the form of cash or unconditional trading bank guarantee acceptable to Council.
Please note that of the $150,000 security, $50,000 shall be held to ensure compliance with the environmental conditions.
The security will be returned upon satisfactory performance of all the conditions of this permit and any other related development permits for Operational Works, less any costs incurred by Council in ensuring compliance with these conditions or for any additional inspections incurred for substandard work or work undertaken not in accordance with this permit.
Plan of Survey
For the purpose of conditions contained within this permit, a Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
Plan of Survey for Endorsement
In conjunction with the lodgement of the Plan of Survey for Council endorsement, all legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Prior to Council endorsing the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey.
Any necessary Titles Office forms requiring the consent of Council are to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles Office forms or requisitions requiring the consent of Council being attended to forthwith.
Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges due and payable to Council in respect of the lots being reconfigured shall be paid prior to endorsement of the Plan of Survey.
Prior to Council endorsing the Plan of Survey, a certificate from a registered professional civil engineer shall be submitted to Council for each Development Permit for Operational Works issued pursuant to this permit.  The engineer shall certify that he has supervised those works and that they have been completed in a workman like manner in accordance with good engineering practice and in accordance with that permit.
Removal of Existing Services
All existing power poles and overhead electricity wires that currently traverse the site and are no longer needed as a result of the proposed development (such as the above ground power line that enters across the southern boundary of the site and extends to the existing shed and dwelling house via 3 power poles) shall be removed and any existing easement no longer required as a result of the proposed subdivision shall be extinguished.
Dedications
Upon registration of the Plan of Survey the land indicated as Lot 100, Lot 101 and Lot 102 intended for Park Purposes (and any amendments made to this area as a result of this approval), shall be dedicated to Council at no cost.  Lot 100 shall be dedicated as Public Use Land – Open Space & Buffer Zone Purposes and Lot 101 and Lot 102 shall be dedicated as Public Use Land – Environmental Purposes.
Upon registration of the Plan of Survey the Jarrah Street road extension shall be dedicated as road reserve.
Upon registration of the Plan of Survey two maintenance vehicle access points shall be dedicated as road reserve to enable access to the various park areas located to the rear of the proposed industrial allotments.  These maintenance access points shall be at least 6m wide and provided between Lots 11 and 12 and 17 and 18.
External Roadworks
Prior to endorsement of the Plan of Survey a Heavy Vehicle Bypass (HVB) road must be completed and available for trafficable use through the Cooroy Sports Fields to link Jarrah Street/Mary River Road intersection with Garnet Street to minimise the impacts of the proposed development on the road network.
Traffic Management Plan
Prior to Council approving Operational Works for any internal works (such as the extension of Jarrah Street, internal earthworks, and/or the provision of services directly associated with creating the proposed industrial allotments) the applicant shall submit a Traffic Management Plan outlining the haulage routes for the development and how construction traffic will be dealt with.  In this regard no construction vehicles shall be permitted through the Cooroy Town Centre and access to and from the site shall be via Garnet Street and Pine Street.
Internal Roadworks
The new extension of Jarrah Street, including the new loop road, shall be constructed to an Industrial Road Standard in accordance with Council’s Engineering Design Standards - comprising a 13m wide AC pavement measured kerb to kerb (from the nominal face) with a design traffic loading of 5.0x106 Equivalent Standard Axle.  All associated and ancillary work including pavement correction to the existing pavement, drainage works, modification of the footpath, landscaping, and adjustments to any existing infrastructure shall be undertaken at no cost to Council.
The longitudinal grade of all industrial road intersections shall not exceed 3% as recommended by Queensland Streets Design Guideline and in this regard plans submitted for Operational Works Approval shall demonstrate that the intersection of Jarrah Street with the loop road (near Lots 19, 20 and 27) complies with this criteria, as with the intersection of all driveway access points from the proposed allotments to the new road.
The proposed Jarrah Street road extension, where it crosses the existing watercourse, shall be designed so as not to impede flood waters in accordance with the levels defined within the Carpenters Road Industrial Subdivision Flood Investigation Report prepared by John Wilson & Partners for Noosa Shire Council, dated November 2006.
Full engineering details of all roadworks and any associated drainage works shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
The application for Operational Works for the internal roadworks shall include recommendations from a suitably qualified person in relation to the provision of reasonable traffic behaviour control measures ("anti-hooning"). The recommended measures shall include, but not be limited to, signage and shall be incorporated into the design and construction of the roadworks.
New Road Reserve
All new road reserves shall be at least 25m wide in accordance with Council’s Engineering Design Standards and in this regard the plans shall be amended such that the 20m wide road reserve that is proposed for part of the loop road is replaced with a 25m wide road reserve and the adjacent allotments amended accordingly.
On-Street Carparking
Prior to obtaining a Development Permit for internal roadworks, including on-street car parking, the applicant shall demonstrate that safe sight distances are available to the proposed on-street angled car parking spaces located to the frontage of Lot 11 in accordance with Austroads Design Guidelines - as a vehicle travelling along the new Jarrah Street road extension (past Lots 9 and 10 and approaching Lot 11) may not have adequate vision and/or time to react to a vehicle reversing from the southern end of the on-street car parking spaces.
The angled on-street car parking spaces located at the frontage of Lot 11 shall comply with Austroads Design Guidelines.
Internal Access Driveways
Deleted.
Adjustments to Carpenters Road
The northern end of Carpenters Road formation shall be terminated in a ‘T’ or ‘Y’ shaped turning head provided to the frontage of Lot 3 on RP200519 (where the existing access easement widens), to allow vehicles the ability to safely turn around with Lot 2 on RP200519 being accessed via a driveway from the end of the turning head.
The southern end of Carpenters Road formation, which provides direct access to and from Mary River Road, shall be closed off with vehicles access to Carpenters Road only being obtained via the service road that fronts the southern boundary of Lot 3 on RP176126 (No. 1 Jarrah Street).  Any adjustments necessary to facilitate access to Carpenters Road via this service road shall be undertaken as required.
Maintenance Vehicle Access
A 3m wide concrete maintenance vehicle track shall be provided within the 6m wide road reserve created between Lots 11 and 12 and 17 and 18, to enable access to the various park areas located to the rear of the proposed industrial allotments for maintenance purposes.
Pathways
Deleted.
A 2.0m wide concrete path shall be provided in the road verge of the Jarrah Street road extension starting near the south eastern corner of proposed Lot 6 and continuing past the frontage of proposed Lots 7, 8, 101, 50, 27 and Lots 9-19.
Deleted.
All new concrete paths shall be aligned to protect any significant vegetation and any underground services.
All new paths shall join neatly and smoothly to existing paths and shall provide flood-free access for the 1 in 10 year Average Recurrence Interval (ARI) design storm.
All new paths and kerb ramps shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Signage shall be provided as required to advise the general public of the paths and to warn people on the pathway of approaching road crossings or points of conflict.
Earthworks
Detailed engineering plans showing the extent of earthworks proposed on site shall be submitted for Operational Works Approval.
Earthworks must be kept to a minimum to avoid excessive cut/fill.
Retaining walls are not permitted on the site’s northern boundary, with all fill to be battered down to the existing natural ground level to the reasonable satisfaction of Council’s delegate.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to Endorsement of the Plan of Survey.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Filling works approved on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Any fill material imported to the site (if any) must be from a site licensed with the Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
Any earthworks or construction works that change the existing surface conditions below the Q100 flood shall be designed so as not to result in any increased flooding on the site and/or upstream or downstream of the site.  A registered professional civil engineer shall certify all works and arrange for Council’s flood model to be modified to suit the new surface conditions.  Should any changes be required to the model they shall be carried out at no cost to Council.
Earthworks carried out on site shall be undertaken in accordance with approved operational works plans and the direction of the supervising geotechnical engineer.
A registered practising geotechnical engineer shall carry out compaction tests across the site, with specific regard to any areas that have been filled and/or any areas that have previously been filled in an uncontrolled manner, such as the area on the eastern side of the creek.  The test results and a site classification report for each lot shall be submitted to Council for approval prior to Council endorsing the Plan of Survey.
A registered professional civil engineer specialising in flood study assessments shall certify that the proposed development and all constructed works will not result in any increased flooding on site or any increased flooding upstream or downstream of the site.
Contaminated Soil
The site shall be cleared from the Environmental Protection Agency’s Environmental Management Register as being contaminated due to Commercial Waste Storage and Treatment (i.e. Council’s Sewerage Treatment Plant) and proof that this has occurred shall be submitted to Council prior to endorsement of the Plan of Survey.
Water Supply
Each lot shall be connected to Council’s Water Supply systems in accordance with the Water and Sewerage Design Guidelines and Council requirements, at no cost to Council.  In this regard Water Supply Infrastructure shall be provided to the development generally in accordance with the Carpenters Road, Cooroy Water Supply & Sewerage Analysis, dated March 2007, as prepared by John Wilson & Partners (JWP).
The 200mm augmentation of the water supply system between the existing 200mm main in Garnet Street, and Node CR6 as detailed on Figure 1 of JWP Water Supply Network Analysis dated March 2007 shall be constructed in conjunction with Stage 1 of the development to provide adequate fire flows.
Provision shall be made in each Park allotments for at least two (2) water connections, which shall be appropriately spaced to maximise usage access.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
Fire hydrants shall be provided throughout the development in accordance with Council and Queensland Fire Service standards.
Any connection required to Council’s water mains shall only be undertaken by Council.
Sewerage Reticulation
Each lot shall be connected to Council’s Sewerage reticulation systems in accordance with the Water and Sewerage Design Guidelines and Council requirements, at no cost to Council.  Sewerage Infrastructure shall be provided to the development generally in accordance with the Carpenters Road, Cooroy Water Supply & Sewerage Analysis, March 2007, as prepared by John Wilson & Partners (JWP).
The sewer pump design shall be based on a development density of 30 ET/ha with a single pump duty of 7 litres per second with a 100mm rising main.
Where sewers are required to cross any creeks the sewer main shall be designed to withstand debris loading during a 1 in 100 year flood event.
All connections to the sewer system shall be carried out either by Council or by a Council approved Contractor and at no cost to Council.

General Water and Sewerage Requirements
All water supply and sewerage works (including any necessary improvements to the existing services and/or the creation of any easements) required in order to service the proposed development shall be provided at no cost to Council.
Detailed design drawings and calculations shall be submitted with an application for a Development Permit for Operation Works in respect of water or sewer works.  To avoid conflict with other underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
All Water Supply and Sewerage Reticulation designs shall be prepared in consultation with Council’s Water and Sewerage Capital Works Manager (Phone 07 5449 5288).
Power Supply
An underground electricity service shall be provided to each proposed lot.
To this extent, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed designs shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity
Supply for Proposed Subdivisions” (prepared by an approved ENERGEX electrical design consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX electrical design consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
Street lighting and pathway lighting shall have a high energy efficient rating and shall generally be provided in accordance with the principles of Council’s Engineering Design Standards. The lighting shall be suitably hooded/screened to ensure that adjoining properties are not adversely affected by spill light.
Telecommunications
The requirements for telecommunication services shall be satisfied in relation to the provision of new telephone services to the proposed lots.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Stormwater Drainage
The stormwater discharge from the site shall be designed such that there is no nett increase in the rate of discharge as a result of the development for storm events up to a 100 year ARI.
Plans detailing the proposed site drainage network including plans and longitudinal sections of pipelines, the location of pits, pipe invert and pit surface levels, junction details, size and class of pipes, trench conditions and details of surface flow paths together with tabulated hydrologic and hydraulic calculations that detail the drainage network and the capacities of the various surface flow regimes shall be submitted to the Council for Operational Works approval.
Where flows are in excess of 100 litres/second then a hydraulic grade line analysis will be required.
Where the catchment exceeds 40ha or where the free water surface level is affected by backwater, the assessment shall be appropriately modelled.
All site stormwater drainage shall be by means of a gravity system, with appropriate energy dissipation measures incorporated at the outlets.
Suitable overland flow path routes shall be provided for stormwater drainage in excess of the piped design frequency.
Roof-water drainage pipe adaptors shall be provided within the kerbs to the frontage of all allotments that fall towards the street.
All lots that fall away from the street or have no discharge to road reserve or Park Reserves shall be provided with private drainage lines (inter-allotment drainage) and field inlet pits to the rear of these allotments in accordance with Council’s Engineering Design Standards for Private Drainage Systems.  If drainage is proposed to the Park Reserves, the drainage system shall be designed to ensure adequate scour protection is provided to avoid erosion.
Plans detailing the proposed site drainage network for the roads and for the allotments (including plans and longitudinal sections) shall be submitted to the Council for Operational Works approval.
All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit television (CCTV) prior to commencement of the approved use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following satisfactory completion of construction works.  The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.  This charge is payable prior
to the issue of Operational Works approval and will be determined on the unit rate basis current at the time of approval.
Stormwater Management Plan (Water Quantity and Water Quality Strategies)
Stormwater Management on the site shall be generally in accordance with the JWP titled Noosa Shire Council – Carpenters Lane Industrial Subdivision Stormwater Management Plan May 2007, Revision 1, dated 14/09/07.
All industrial uses on any allotment shall have rainwater tanks with a minimum volume that complies with the greater of the rainwater tank storage required by the JWP titled Noosa Shire Council – Carpenters Lane Industrial Subdivision Stormwater Management Plan May 2007, Revision 1, dated 14/09/07, or the Queensland Development Code.  This requirement shall be included on the Plan of Development.
Stormwater management on the allotments must achieve the detention required by the JWP titled Noosa Shire Council – Carpenters Lane Industrial Subdivision Stormwater Management Plan May 2007, Revision 1, dated 14/09/07.  This requirement shall be included on the Plan of Development.
Stormwater quality will be monitored for a period of three years after endorsement of the Plan of Survey.  The results shall be analysed and submitted to Council in digital form with an executive summary describing the corrective measures required (if any).  Those measures will then be implemented to ensure compliance with the water quality objectives.
Services Generally
Conduits and kerb markers shall be installed for all necessary service crossings of roads to Council's satisfaction.  An ‘As Constructed’ plan showing the locations of the conduits shall be submitted to Council prior to acceptance of the works ‘On Maintenance’.
All sag points in trenches excavated for the installation of underground infrastructure shall be drained to a drainage pit.
Subsoil drains shall be used to ensure pits, manholes or other structures do not dam trenches.
Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
Service Easements
Registered easements shall be created over all water mains and sewerage mains within private property.  The easements shall generally be parallel to and centred over the main and be equivalent in width to twice the depth to invert level of the main at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide.
An easement shall be created over any stormwater drainage within private property and dedicated to Council at no cost.  The width of the easement shall be sufficient to provide a minimum of 1.5m either side of the designed drainage structure and shall be at least 4m wide.
A minimum of a 1.5m wide easement shall be created over all private drainage lines/inter-allotment drainage (if any).  The terms of the easement shall include the responsibilities on the beneficiaries of the easement to maintain the drain so as to be operational at all times.
A registered easement shall be created over all overland flow paths in favour of Council, unless the overland flow path is on Council road reserve or is within a Council Park Reserve.  The easement shall extend the full length and width of the Q100 major storm event surface flow path and be created at no cost to Council.
A licensed surveyor shall accurately locate all existing services and determine the necessary easement widths in accordance with the abovementioned conditions, which shall be clearly shown on all plans submitted for Operational Works approval.  All new services required for the development, and their expected easements, shall also be clearly indicated on the plans submitted for Operational Works approval.
Prior to Council endorsement of the Plan of Survey for the Lot Reconfiguration, a licensed surveyor shall have accurately determined the necessary service easements in accordance with the abovementioned conditions for all existing services and all new services provided based on their “as constructed” positions.
Environmental
All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route Management) Act 2002 are to be controlled on the site prior to Council endorsement of the plan of survey.  In this context ‘controlled’ shall mean, for Class 1 and 2 pests, completely eradicated.  For Class 3 pests it shall mean removal of the plants where they threaten environmentally significant areas of the site such as riparian zones and areas of natural vegetation.
Where Class 3 plants are removed as a result of this condition and there is not sufficient natural regeneration of native species, the areas shall be replanted with endemic native species so that a sustainable natural ecosystem is restored.
Council’s Conservation Management Supervisor will not inspect the site until 30 days after the weed treatment and replanting is complete.
A plan outlining all vegetation to be removed (such as the existing camphor laurel trees) and all vegetation to be retained on site shall be submitted to Council for approval prior to Council issuing a Development Permit for Operational Works.
All vegetation to be retained shall be protected from interference resulting from clearing or construction activities by:
Clearly marking vegetation to be retained with flagging tape;
Installing protective fencing around the drip line of the vegetation;
Stockpiling, storage and vehicle parking occurs in already cleared areas and does not cause interference with vegetation; and
Low impact construction techniques are used around vegetation to minimise interference with the vegetation.
A minimum of 5 days prior to commencement of any clearing works Council’s Environment & Landscape delegate shall be contacted to arrange a pre-start inspection of the marked area to be cleared and retained vegetation protection measures in accordance with the above conditions.  No clearing is to commence until written approval has been granted by Council.
A Revegetation and Rehabilitation Management Plan (RRMP) for all Park Reserves and Road Reserves shall be prepared and submitted to Council for comment and approval prior to applying for a Development Permit for Operational Works.
The RRMP shall aim to revegetate these areas with suitable native species to resemble the pre-cleared ecosystem by removing all noxious and environmental weeds from the site, then planting suitable native species and then by carrying out continual maintenance over a 3 year period (the maintenance period) to enable the revegetation and rehabilitation works to be self-maintaining.  The RRMP is to contain:
A 3 year maintenance period from the date restoration works are completed by the contractor,
Performance criteria/objectives and a schedule of works to be achieved during the operational works stage and the works required over the 3 year maintenance period,
Details of site preparation (this may include thinning, grass removal, weed removal and control, etc),
Measures to protect existing native plants on site during works,
Proposed planting, including local species type, size, location, and number of plants,
Details on the establishment of the missing floristic and structural elements, natural recruitment, habitat creation and fauna linkages, planting and mulching procedures, fertilizing procedures, watering procedures, erosion and sediment control, on-going maintenance, environmental safeguards.
Details of measures proposed to be used to ensure no harm occurs to fauna utilising the site.
Council’s Ecologist shall be consulted during the preparation of the plan.
The site shall be revegetated and rehabilitated in accordance with the Council approved Revegetation and Rehabilitation Management Plan.  In this regard the proposed Park Reserves including riparian areas shall be planted with suitable native species and native food trees in general accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants & Guidelines.
An environmental maintenance period of 3 years shall commence after the Park Reserves have been re-vegetated and all declared and environmental weeds have been removed from the entire property.  Council’s Ecologist shall sign the maintenance period ‘on’ and ‘off’ after this work has been successfully completed.  To this extent Council’s Ecologist has the discretion to pause the maintenance period if work has not been carried out in accordance with the Council approved RRMP performance criteria and/or if lengthy time delays occur.
All RRMP works shall be undertaken to the reasonable satisfaction of Council’s Ecologist prior to Council sealing the plan of survey.  An uncompleted works bond equivalent to 150% of the works shall be held by Council until all works associated with the RRMP have been accepted ‘off maintenance’.  Council reserves the right to call up this bond for non-compliance with the approved RRMP.
Any cleared vegetation on site shall be suitably processed by one of the following methods:
Disposal for processing at a sawmill,
Processing through a wood-chipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5m high with a minimum of 10m between edges of heaps,
Disposal for firewood,
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work.  The applicant is advised that other methods may be considered provided full details of the method are submitted.

The applicant is also advised that burning off is an unacceptable method of disposal.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Operational Works and the approved plan strictly adhered to.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste will be necessary.
To avoid silt and sediment runoff as a result of cleared vegetation, the site shall be revegetated as quickly as is reasonably possible and the erosion and sediment control plans shall allow for this dense planting.
The design plans shall also show how stormwater runoff within and from the site is to be controlled during construction.  Plans shall indicate the measures to be taken to prevent erosion, slope instability and the export of sediment from the site and must be in accordance with The Manual for Erosion and Sediment Control prepared by the Sunshine Coast Regional Council Version 1.2 or later version.
All physical site control measures must be installed and maintained until all Operational Works have been completed and accepted on maintenance.  The approved erosion and sediment control plan must be adhered to at all times.
Survey
Where existing road boundaries are less than 9m from existing or proposed road centrelines, or less than 3m from the toe or top of batters of existing or proposed roads or less than 10m from the top of creek embankments, the lot layout shall be amended to provide sufficient land in Road Reserves and Park Reserves to achieve these clearances.
Prior to endorsement of the Plan of Survey, the applicant shall submit to Council a certification of compliance from a licensed surveyor
Prior to endorsement of the Plan of Survey, three (3) State Survey Marks shall be provided within the road reserve of the development and these shall be spaced to maximise their use.
The State Survey mark shall be levelled and located to the requirements of Council’s Works Directorate and a ‘Form 6’ shall be submitted for Council's records.
Each State or other permanent survey mark shall be installed clear of overhead vegetation, making it suitable for Global Positioning Equipment, and accurately connected to at least two real property corner by a licensed surveyor.
As Constructed drawings and data shall be certified by a qualified experienced civil engineer for design intent, and a licensed surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works ‘on maintenance’ will not be granted until all As Constructed information has been supplied and accepted by Council.
General Engineering
A suitably qualified registered professional engineer shall prepare engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format.
The person acting on this permit shall apply and obtain for all other necessary permits including crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals required under any other Act.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Stage 1 Amount (Lots 6,7 & 8)	Stage 2 Amount (Lots 10 to 26)	Stage 3 Amount (Lots 9 & 27)
PSP17 – Water Supply Headworks Contributions	$ 25,135	$ 191,289	$ 22,264
PSP16 – Sewerage Headworks Contributions	$ 11,253	$  85,641	$  9,968
PSP12 – Public Open Space Contributions (Park)	$  8,630	$  65,665	$  7,643
PSP20 – Pathway Trunk Network Contributions	$ 13,179	$ 100,281	$ 11,672
Roadworks Contributions (including public transport)	$ 28,000	$ 213,506	$ 24,798
TOTAL Contribution Amount =	$ 86,197	$ 656,382	$ 76,345
These amounts are subject to variations in the Consumer Price Index, All Groups Brisbane from September 2014 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey for the applicable stage.
Additional condition
The proposed culvert on the Jarrah Street extension is to be designed and constructed to provide adequate fauna passage in a north/south direction. The selection of road culvert for the north south drainage under the Jarrah Street road extension must incorporate the appropriate design to facilitate fauna (aquatic) crossing in accordance with the latest edition of the Queensland Urban Drainage Manual.
referral AGENCY CONDITIONS
Not Applicable
advisory NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following estimates for Uses Class/ Uses and applicable quantities in accordance with the approved plan:-
Existing Development	Approved Development
Use Class / Use	Quantity	Use Class / Use	Quantity
			Stage 1 (Lots 6,7 & 8)	Stage 2 (Lots 10 to 26)	Stage 3 (Lots 9 & 27)
Vacant	One Vacant Allotment	Industrial Business Type 2	3 x Industrial Lots	17 x Industrial Lots	2 x Industrial Lots
Water & Sewerage Headworks contributions based on the lot areas per the approved plan =	5,069 m2 lot area	38,578 m2 lot area	4,490 m2 lot area
Open Space, Pathway & Roadworks contributions based on 40% site cover of the lots per the approved plan =	2,028 m2 gfa	15,431 m2 gfa	1,796 m2 gfa
Note: Lots 50, 100, 101 & 102 are not current developable lots and have not been subjected to infrastructure contributions/charges. Nil infrastructure contributions/charges discounts (credits) are available should future development occur on these lots.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid.  In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied.  A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
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 Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.
PROPERTY NOTES
.
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Operational Works	Landscaping, car parking and access, frontage works, stormwater drainage and filling of the site
Development Permit for Material Change of Use	Industrial Business – Types 1 and 2
Development Permit for Building Works	All Building Works
SELF-ASSESSABLE CODES
Not Applicable.
SUBMISSIONS
There were 19 properly made submissions about the application. In accordance with Integrated Planning Act 1997, the name and address of the principal submitter for each properly made submission is provided and were attached to the original Negotiated Decision Notice.
REASONS/GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
It has been demonstrated that the Cooroy locality has a need for industrial land that will be of benefit to the local community and surrounding area;
It is not feasible or desirable for the western portion of the site to be developed for residential dwellings and home businesses, given the obvious conflict with these types of uses; and
The majority of the site is supported for industrial use and given the likely land use conflicts, the proposed development is appropriate for the site and provides suitable buffers to adjoining uses.
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.

OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY 05/0220 - Original Decision Notice. 8 October 2009 05/0220 - Negotiated Decision Notice 18 January 2010 132005.220.01 - Changes to an Existing Approval 15 December 2011 152005.220.01 – Changes to an Existing Approval 5 June 2012 152005.220.01 – Amended Changes to an Existing Approval 26 June 2012 132005.220.03 – Extension of Relevant Period 2 October 2013 132005.220.04 – Changes to an Existing Approval 18 December 2014 132005.220.05 – Change to an Existing Approval 16 November 2017

Yours faithfully

Patrick Murphy
Acting Manager, Development Assessment

Encl. 	Appeal Rights

cc	Unitywater

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

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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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ee) NOOSA COUNCIL