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ECM_16693990_v1_APPROVED Change to Existing Approval 152005 220 01
Attached to the e-mail 132005.220.04 Request a Change Existing Approval.
Officer: Jack Lewis
Direct Telephone: 07) 5449 5183
Fax: (07) 5475 7277
Our Reference: JL013:ae: 152005.220.01
Your Reference: not provided
5 June 2012
Sunshine Coast Regional Council - Tewantin Office
Locked Bag 72
SCMC QLD 4560
Dear Sir/Madam
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request dated 26 April 2012 to make a permissible change to an existing
approval granted on 18 January 2010. On 5 June 2012, Council decided your requested
changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 152005.220.01
Street Address: 70 Carpenters Road & 17 Mary River Rd COOROY QLD
Real Property Description: Lot 1 SP188234 & Lot 5 SP188234
Planning Scheme: The Noosa Plan (8 August 2011)
2 DECISION DETAILS
The following type of approval has been issued:-
Preliminary Approval to Override the Planning Scheme for 22 Village Industry
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
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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.
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.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plan is numbered 38979-E Sheet 2
of 2 prepared by Murray & Associates (Qld) Pty Ltd) dated 5 March 2007 and as may
be amended by these conditions.
General
2. 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.
3. The requirements of this development approval are to be effected, prior to the use of
the premises.
Plan of Development
4. 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:
4.1. 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;
4.2. 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;
4.3. 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.
4.4. Additional Acoustic Treatment provisions shall apply to uses on lots 9 to 27
including:-
4.4.1. All industrial uses shall operate only between the hours of Monday to
Friday 7am to 6pm, and Saturday 8am to 5pm.
4.4.2. 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:-
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Period 7am – Adjusted Maximum Sound Pressure Level
6pm day Limit
Noise Sensitive Place Commercial Place:
Background noise Background noise
level plus 5dB(A) level plus 10dB(A)
4.4.3. The report shall identify measures to mitigate the potential noise
impacts and meet the respective levels identified and include at a
minimum:-
4.4.3.1. 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.
4.4.3.2. 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.
4.5. All recommended fire mitigation measures from Fire Hazard Assessment and
Management Report prepared by Building Design Alternatives Pty Ltd and
dated November 2006.
4.6. All stormwater management measures required on the allotments by the
applicable stormwater conditions of this development approval.
4.7. 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
5. 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
6. 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.
7. 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.
8. 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
9. The road reserve to all frontages of the site shall be landscaped in accordance with
Council’s Policy on Landscaping Guidelines.
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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:-
9.1. Street tree planting,
9.2. Road and service locations,
9.3. Vegetating parkland areas,
9.4. Existing vegetation to be retained,
9.5. Measures employed to ensure vegetation retention,
9.6. Removal of undesirable species, and
9.7. 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
10. 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
11. 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 2013, unless an application to extend the currency is approved by Council.
Security/Bonds
12. 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.
13. 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
14. 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.
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Plan of Survey for Endorsement
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
20. 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
21. 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.
22. Upon registration of the Plan of Survey the Jarrah Street road extension shall be
dedicated as road reserve.
23. 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
24. 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.
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Traffic Management Plan
25. 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
26. 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.
27. 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.
28. 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.
29. 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.
30. 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
31. 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
32. 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.
33. The angled on-street car parking spaces located at the frontage of Lot 11 shall comply
with Austroads Design Guidelines.
Internal Access Driveways
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34. A 6m wide internal concrete driveway shall be provided within the battleaxe access
handle of proposed Lot 8, extending from Jarrah Street up to the main body of the
allotment.
Adjustments to Carpenters Road
35. 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.
36. 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
37. 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
38. Deleted.
39. 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.
40. Deleted.
41. All new concrete paths shall be aligned to protect any significant vegetation and any
underground services.
42. 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.
43. 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.
44. 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
45. Detailed engineering plans showing the extent of earthworks proposed on site shall be
submitted for Operational Works Approval.
46. Earthworks must be kept to a minimum to avoid excessive cut/fill.
47. 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.
48. 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.
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49. 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.
50. 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.
51. 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.
52. Earthworks carried out on site shall be undertaken in accordance with approved
operational works plans and the direction of the supervising geotechnical engineer.
53. 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.
54. 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
55. The site shall be cleared from the Environmental Protection Agency’s Environmental
Management Register as being contaminated due to Commercial W aste 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
56. 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).
57. 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.
58. Provision shall be made in each Park allotments for at least two (2) water connections,
which shall be appropriately spaced to maximise usage access.
59. 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.
60. Fire hydrants shall be provided throughout the development in accordance with
Council and Queensland Fire Service standards.
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61. Any connection required to Council’s water mains shall only be undertaken by
Council.
Sewerage Reticulation
62. 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).
63. 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.
64. 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.
65. 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
66. 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.
67. 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.
68. 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
69. 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
70. 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.
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Stormwater Drainage
71. 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.
72. 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.
73. All site stormwater drainage shall be by means of a gravity system, with appropriate
energy dissipation measures incorporated at the outlets.
74. Suitable overland flow path routes shall be provided for stormwater drainage in excess
of the piped design frequency.
75. Roof-water drainage pipe adaptors shall be provided within the kerbs to the frontage
of all allotments that fall towards the street.
76. 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.
77. 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.
78. 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)
79. 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.
80. 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.
81. Stormwater management on the allotments must achieve the detention required by
the JWP titled Noosa Shire Council – Carpenters Lane Industrial Subdivision
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Stormwater Management Plan May 2007, Revision 1, dated 14/09/07. This
requirement shall be included on the Plan of Development.
82. 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
83. 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’.
84. All sag points in trenches excavated for the installation of underground infrastructure
shall be drained to a drainage pit.
85. Subsoil drains shall be used to ensure pits, manholes or other structures do not dam
trenches.
86. 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
87. 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.
88. 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.
89. 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.
90. 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.
91. 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.
92. 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
93. 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
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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.
94. 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.
95. All vegetation to be retained shall be protected from interference resulting from
clearing or construction activities by:
95.1. Clearly marking vegetation to be retained with flagging tape;
95.2. Installing protective fencing around the drip line of the vegetation;
95.3. Stockpiling, storage and vehicle parking occurs in already cleared areas and
does not cause interference with vegetation; and
95.4. Low impact construction techniques are used around vegetation to minimise
interference with the vegetation.
96. 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.
97. 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:
97.1. A 3 year maintenance period from the date restoration works are completed by
the contractor,
97.2. 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,
97.3. Details of site preparation (this may include thinning, grass removal, weed
removal and control, etc),
97.4. Measures to protect existing native plants on site during works,
97.5. Proposed planting, including local species type, size, location, and number of
plants,
97.6. 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.
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97.7. 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.
98. 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.
99. 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.
100. 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.
101. Any cleared vegetation on site shall be suitably processed by one of the following
methods:
101.1. Disposal for processing at a sawmill,
101.2. 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,
101.3. Disposal for firewood,
101.4. Disposal for landscaping purposes.
101.5. 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 W ork. 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.
102. 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.
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152005.220.01
103. 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
104. 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
105. 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.
106. 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
107. 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.
108. 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.
109. 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.
110. 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.
111. 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.
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112. 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.
113. 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
114. 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: Amount:
PSP12 – Public Open Space Contributions (Park) $69,534
PSP16 – Sewerage Headworks Contributions $90,467
PSP17 – Water Supply Headworks Contributions $202,068
PSP20 – Pathway Trunk Network Contributions $105,937
Roadworks Contributions $2,227,670
TOTAL Contribution Amount = $2,695,676.
Please note that these amounts are subject to variations in the Consumer Price
Index, All Groups Brisbane from December 2008 until the date of payment.
All contributions must be paid prior to Council endorsement of the plan of survey.
5 REFERRAL AGENCY CONDITIONS
Referral Trigger Referral Status Referral Agency Referral Address
Vegetation Concurrence DERM - South East Region
Department of Attention: Jeff Guinea
Natural Resources PO Box 573
& Water NAMBOUR QLD 4560
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the
following tables:
Approved Plans
Plan No. Rev. Plan Name Date
38979-E – Sheet 2 of 2 Murray & Associates (Qld) Pty Ltd 5 March 2007
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152005.220.01
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. 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:-
Existing Development Approved Development
Approved
Existing Use Existing
Use Class / Approved Quantity
Class / Use Quantity
Use
22 Industrial Lots, Plus 1
Balance Lot Being Lot 50
Water & Sewerage Headworks
Industrial Contributions based on Lot
One Vacant
Vacant Business Type area of 47,108m 2
Allotment
2 Open Space & Pathway
Contributions based on 40%
Site Cover = 18,844m2 Use
Area
2. 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.
3. 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
4. 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
5. 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
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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.
8 PROPERTY NOTES
Not Applicable
9 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
A preliminary approval under section 3.1.6 of Integrated Planning Act 1997 has been granted
and as such the level of assessment and applicable codes for any development approval
resulting from this approval are identified in the conditions.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Operational Landscaping, car parking and access, frontage
Works works, stormwater drainage and filling of the site
Development Permit for Material Industrial Business – Types 1 and 2
Change of Use
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
Not Applicable
12 SUBMISSIONS
There were 19 properly made submissions about the original application. In accordance with
Integrated Planning Act 1997, the name and address of the principal submitter for each
properly made submission was provided.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
1. 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;
2. 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
3. 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.
14 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.
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152005.220.01 15 OTHER DETAILS If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices. DECISION NOTICE HISTORY 132005.220 - Original Decision Notice. 8 October 2009 132005.220 - Negotiated Decision Notice 18 January 2012 132005.220.01 - Changes to an Existing Approval 5 June 2012 Yours faithfully JACK LEWIS DEVELOPMENT PLANNER Encl. Appeal Rights FM1512s/1-07/04/2010 Page 18 of 19
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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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