SUPERSEDED Decision Notice MCU13/0086

Officer:	Denis Wallace
Direct Telephone:	(07) 5449 5179
Fax:	(07) 5475 7277
Our Reference:	DW008:ae:MCU13/0086
Your Reference:	11469

3 December 2013

Coles Group Property Developments Ltd
C/- KHA Development Managers
PO Box 6380
MAROOCHYDORE BC  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 3 December 2013, Council decided to approve the application in full subject to conditions.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU13/0086
Street Address:	3 Lanyana Way NOOSA HEADS  QLD  4567
Real Property Description:	Lot 54 RP 139776
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is four (4) years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING & URBAN DESIGN UNITS

When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice

Mechanical Plant & Equipment
All new mechanical equipment and other service infrastructure associated with the approved supermarket extension must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.  Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.

Existing Vegetation
Existing trees within the site must be retained and must not be removed as a result of any works.

Built Form
Pedestrian awnings shall be provided to the front elevation of the supermarket, as generally shown on approved plan number DA 1 – SK 200.

Public Lighting
During operating hours, all parking areas, pedestrian areas and entrances/exits to all corridors and public toilets associated with the supermarket extension must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the access corridor to the amenities on the Approved Plans

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.

ENGINEERING UNIT

Car Parking
A minimum of 386 car parking spaces must be provided and marked on the site and made available and accessible at all times while the commercial uses on the site are open for business (with the exception of the disused retail nursery). The car parking spaces must include in particular:
pedestrian routes in accordance with the conditions of this Decision Notice.
6 disabled parking spaces within the total.

A minimum of 6 motorcycle parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.

Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site and must include in particular:
1 MRV space
1 AV space

Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development and must include in particular:
pedestrian pathways between the proposed car parking area and the building generally in accordance with the approved plans.
adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels.
signage and lighting at strategic locations to direct people to building entries and public toilet facilities.
a total of 23 bicycle parking spaces

Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.

Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
ENVIRONMENTAL HEALTH UNIT

	Commercial Waste
The development must be provided with waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.

	Mechanical Plant & Equipment
Any new fixed plant and equipment* associated with the approved supermarket extension that causes either tonal (Leq) sound (e.g. from compacting units, air conditioning or refrigeration units), or impulse (Lmax) sound, must be enclosed, shielded and/or positioned to ensure that sound pressure does not exceed the following levels for habitable rooms within adjacent dwellings:
40 dB(A) Leq for living and work areas
35 dB(A) Leq for sleeping areas
45 dB(A) Lmax for all areas
Note: Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
*(Refer to Advisory Note)

Certification must be submitted to Council from a qualified person* which certifies that operational noise from any new fixed plant and equipment associated with the approved supermarket extension complies with the requirements of this Decision Notice.
*(Refer to Advisory Note)

Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.

UNITYWATER

Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).

The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.

A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Water meter must be located on alternative boundary to electrical pillar.

Additional water meters must be installed for each sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.

A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.

Application must be made to Unitywater for a trade waste permit.

Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.

Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

5.	REFERRAL AGENCIES

The referral agencies applicable to this application are:

Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	Department of Transport & Main Roads PO Box 1600 Sunshine Plaza Postal Shop MAROOCHYDORE QLD 4558	Public Passenger Transport	The agency provided its response on 12 June 2013. (Reference No. TMR13-006358)

A copy of any referral agency conditions is attached.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans
Plan	Rev.	Plan Name	Date
DA 1 – SK 002	C	Site Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013
DA 1 – SK 100	B	Floor Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	19/06/2013
DA 1 – SK 200	C	Elevations – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Qualified Person
For the purpose of certifying acoustic treatments for the development, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.

Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

	Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.

Plans and documentation must be submitted to Unitywater with a completed application for a trade waste permit. This is required prior to obtaining a plumbing approval from Council.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All building works)

12.	SELF ASSESSABLE CODES

Advertising Devices Code

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully

Kerri Coyle
Coordinator Planning Applications North

Enc:	Adopted Infrastructure Charge Notice
Referral Agency Response
Approved Plans/Documents
Appeal Rights

Cc	Unitywater

Department of Transport & Main Roads
PO Box 1600
Sunshine Plaza Postal Shop
MAROOCHYDORE  QLD  4558

	Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

MCU13/0086

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