Annexure 1 Negotiated Decision Notice 14 August 2003

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NOOSA COUNCIL IDAS Development Application Decision Notice

(7 _ APPLICABLE CODES

«Not applicable.

 

18. SUBMISSIONS

3341 properly made submissions were received. 1125 not properly made submissions were received.

 

9. CONDITIONS

The approval is subject to conditions. Noosa Council's conditions are attached. The Environmental Protection
Agency conditions as a concurrence agency:are aiso attached.

 

#10. FURTHER DEVELOPMENT PERMITS REQUIRED

Type of Development Permit required Subject of the required Development Permit

Building Works Shire Business Centre - Stage 1

Operational Works Roadworks, landscaping, car parking and access, frontage

works, stormwater disposal, sediment and erosion control and

 

 

 

earthworks
(11. RIGHTS OF APPEAL i
Rights of appeal in relation to this application are attached.
(12, _ ASSESSMENT MANAGER th. J

 

Name: Noosa Council Signature:
DEGISION:NOTICE HISTORY.
* Gjiginal:Decision:Notice. t:May:2003..

eo Date: 18/08/2003

 

    

 

  

   

« Négotiated:De Notice: with an-amendiment:to: a.
development:.permit:and :a:number; of ‘conditions 14!
August:2003.

 

 

 

 

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NOOSA COUNCIL IDAS Development Application Decision Notice

a MASEL = Noosa Council Conditions

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

1. Deleted.

2. All revised architectural, engineering, management plans, audits and further information required by
these conditions shall be to the reasonable satisfaction of Council and be submitted to the Council at
the cost of the applicant for approval with an application for a development permit for operational

- works or when otherwise required by these conditions. The cost of assessment of such material by
the Council or its consultants shall also be at the applicant's cost. The applicant shall implement the
recommendations of the approved plans and reports.

Definitions

 

3. For the purpose of this development permit the following definitions will apply:
MP2 - Shire Business Centre Master Plan: Stage 2 adopted by Council on 10 April 2003
OS1 — Open Space (Environmental) in accordance with MP2
OS2 — Open Space (Environmental) in accordance with MP2
OS3 — Open Space (Preservation of visual amenity) in accordance with MP2
OS5 — Open Space (Preservation of visual amenity) in accordance with MP2
OS7 — Open Space (Environmental Drainage) in accordance with MP2

Approved Plans — means the Architectural plans prepared by B+N and CCN Architects, more
particularly described in Condition 4.2 , :

TUA - Total Use Area as defined by the Schedule to the Planning Scheme with the exception that the
words, “plus any other area of the site which is also used or intended for use for the same purpose”
are removed from the definition.

SBC - Shire Business Centre
Approved Plans

4. With regard to the approved plans for the development:

4.1. The development shall be undertaken generally in accordance with the approved plans unless
otherwise stated in these conditions.
4.2. The drawings approved for the development are (“Approved Plans’):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations

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5.3. The Showroom/Homemaker floor s;

NOOSA COUNCIL IDAS Development Application Decision Notice

Q0201.10b/S - Commercial Site Plan

Q0201.11.1/S - Commercial/Business Elevations
Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Contro! Systems

Scale and Types of Uses
The uses allowed on the subject site and the scale of those uses are as follows:

The shop floor space for the Retail Centre shall not exceed 18,000m?,TUA. The uses

nominated on the approved plans shall generally accord with the following TUA’s:
. Supermarket (Shop) 3,500 m?
. Mini-Major (Shop) — 1,200 m2
. Discount Department Store (Shop) 6,500 m?
° Speciality Retail (Shop) & Professional Offices 6,800 m?
. Restaurants 200 m?
. Centre Manager 115 m?
. Staff Areas 50 m?
. Public Toilets 150 m?
. Service Station 100 m?

5.2. The uses allowed in the Retail Centre are:

. Shops

. Professional Offices

° Commercial Premises

. Commercial Services

. Restaurants

. Service Station

. Service Shops

. Fast Food Premises

. Medical Centre

. Outdoor Entertainment, and

* ° Special Purposes

TUA. The uses allowed in the Showroom component are:

e Showroom
° Commercial Premises
. Commercial Services
° Medical Centre
. Professional Offices
. Warehouse
° Educational Establishment, and

° Special Purposes

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pace for the showroom component shall not exceed 7,000m?

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NOOSA COUNCIL IDAS Development Application Decision Notice . 5

5.4. The commercial and business floor space for the Commercial and Business component shall

not exceed 5,000m2 TUA. The uses allowed within the Commercial and Business component
are:

. Commercial Premises

° Commercial Services

. Medical Centre

. Professional Offices

. Warehouse

e Educational Establishment, and

. Special Purposes

Staging of Development

6. With Regard To The Development Staging:-

6.1.

6.2.

6.3.

A Discount Department Store must be constructed as part of the Retail Centre component.

The 5,000m? Commercial/Business component must be constructed concurrently with the
construction of the Retail Centre component.

The Retail Centre component shall not commence until at least 40% of the proposed
Commerciai/Business component of floor space is contracted for sale or lease. Proof of the °
contracts of sale or lease shall be submitted to Council prior to the Retail Centre component
commencing-use. :

Homemaker/Showroom components are excluded from the above provisions.

Building Design

7. The building design for the Retail Centre development shall be generally in accordance with the
approved plans subject to such modifications as are required in order to address the following:

7.41.

7.2.

7.3.

74.

7.5.

7.6.

7.7.

Deleted.

t

Provide a lit continuous. pathway along the entire northern frontage of the Retail Centre to
connect the precincts on either side to the east and west of the SBC site.

A pedestrian/cycleway link is to be maintained beside the OS7 area on the western side to
provide a north south link through the site. Once the internal loop road is completed the service
vehicles entering this area of the site are to be limited with priority maintained for pedestrians
and cyclists. Works required in order to prevent conflict between pedestrians/cyclists and
vehicles are designed by a Registered Professional Engineer and are to be implemented.

Any pathways shall remain open during business hours to allow for free unhindered access.

The detailed design treatment of the service vehicle and pedestrian/cycleway adjacent to the

‘open space area (OS7) shall be provided with an application for operational works. The sealed

area beside OS7 shall be utilised as a pedestrian/cycleway providing access beside the OS7
corridor to link with the intemal ring road and other parts of the site. The treatment of this area
shall be to the satisfaction of Council.

Amenities shall be provided for the Retail Centre generally in accordance with the approved
plans and shall include provision for parent rooms.

The design shail include light-weight elements such as colorbond and timber that are consistent
with “Noosa Character” to the reasonable satisfaction of the Manager - Land Use. The applicant
shall provide a copy of the design drawings detailing the features that are consistent with
“Noosa Character’ prior to the issue of a development permit for building works.

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NOOSA COUNCIL IDAS Development Application Decision Notice 6

10.

7.8.

A Public Art Plan shall be submitted specifying street furniture and art forms to be provided
throughout the development prior to the issue of a development permit for building works and to
the reasonable satisfaction of the Manager - Land Use. The street furniture and art forms shall
be related to a theme that reflects the cultural heritage of the area.

The preferred approach to integrated public art is to include artist in project development teams
at the outset of capital works planning and delivery. :

The public art can involve the commission of designers to create functional items for internal
and external environments that may include, but not limited to, chairs and seating, desks and
tables, filing and storage items, lighting, door handles, carpet, textiles and fabrics, and the
design and treatment of floors, paving, walls, windows, doors, fencing, lifts and stairwells. It
can involve the purchase of existing works to be permanently sited in public places or the
provision of community cultural facilities. .

The building design for the Showroom component shall be generally in accordance with the approved
plans subject to such modifications as are required in order to address the following:

8.1,

The buildings and service area on this part of the site shall be relocated further from the Eenie
Creek Road and Walter Hay Drive frontages so as to allow for a 10 metre wide open space

area (OS3) within the subject site, with the exception of the 5 metre (approximately) strip of

8.2.

8.3.

8.4,

8.5.

8.6.

8.7.

service roadway in the vicinity of Showroom Building D. The existing native vegetation within
the open space area (OS3) shall be protected to screen the development from these roadways.

A 1.8 metre fence painted green is to be erected beside the service road to help screen the
‘back of house’ area.

The buildings shall not exceed a maximum length of 50 metres in any one plane without
articulation of at least 2 metres being provided.

The length of any building shall not.exceed 80 metres.

The building design shall incorporate sufficient pedestrian/cycle pathways between buildings to
provide unimpeded access to the pedestrian tunnels (existing & proposed). To this end the
following shall be provided:

8.4.1. Open space areas shall have a width of not less than 10 metres between the
buildings to allow for the proposed pathways. Pathways are to be enhanced by
landscaping comprised primarily of endemic species.

8.4.2. One open space area is to align with the existing tunnel under Eenie Creek Road
west of the existing roundabout. .

8.4.3, One open space area is to align with the proposed pedestrian pathway under Walter
Hay Drive to the east of the existing roundabout.

Deleted.

The design shall include lightweight elements such as colorbond and timber that are
consistent with “Noosa Character’ along with some pitched roofing, roof overhangs, window
hoods and colour banding using muted earth tones generally in accordance with the
approved plans to the reasonable satisfaction of the Manager - Land Use. The applicant
shall provide a copy of the design drawings detailing the features that are consistent with
“Noosa Character’ prior to the issue of a development permit for building works.

Deleted.

A maximum of four flagpoles are allowed to be erected within the development. The flagpoles are not
to be used for advertising purposes.

Deleted.

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NOOSA COUNCIL. IDAS Development Application Decision Notice 7

11. The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the
AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products -
-_ Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2).
All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and

washing machines are excluded from this requirement.

Dedication and Management of Open Space \

12, The applicant is required at its cost to dedicate to the Crown for environmental park purposes the land

shown hatched in red (defined by Annexure 1), labelled OS1 and OS2 (less an area of land having a

ul. width of 40 metres adjacent to E7 on MP2, which is to remain in private ownership free from

development (Private Open Space)). This dedication will occur within 12 months of a development

. permit for material change of use taking effect or prior to the use commencing which ever is the
| earlier.

 

13. Prior to the use commencing, the Private Open Space shall be protected by a registered
ns environmental covenant, which shall ensure that the existing native vegetation is maintained to the
| satisfaction of Council. The costs associated with the preparation and registration of the covenant

i shall be borne by the applicant.

: , 14. A suitably qualified person in consultation with the Council shall prepare a Public Open Space
Management Plan (POSMP) for the area of land defined by Annexure 1 (referenced in condition 12)

a which is to be dedicated as Public Open Space and the Private Open Space.

mo . 15. The POSMP shall achieve the following objectives:

— 15.1. The primary role of OS1 and OS2 is for conservation and waterways protection.

15.2, Vehicle access will be kept to a minimum and limited to fire and emergency vehicles and
_ Council maintenance vehicles. All unnecessary existing tracks and trails will be closed off and
rehabilitated and vehicle access points will be limited to as few as possible.

15.3. In general, public access to Eenie Creek will not be encouraged.

15.4. Bicycles, vehicles, horses and other high-impact recreational activities will not be permitted in
this area.
- 15.5. Walking tracks or jetties will not be constructed.
15.6. Playground and picnic facilities, rubbish bins and other facilities associated with recreational
parkland will not be provided. .
15.7, Future management and maintenance shall ensure that this area is as self-sustaining as
possible.
~ 16. The POSMP shall, inter alia:
16.1. include a statement of environmental values, management issues and management objectives;
16.2. include the recommendations from the Bushfire Management Plan for the Public Open Space;
16.3. include relevant information about the protection of flora, fauna and water quality conditions

contained in this approval;

16.4. identify weed control, erosion contro! and rehabilitation needs within the area and detail how the
necessary works shall be undertaken;

16.5. identify all existing access points into the Public Open Space and recommend how these shall
be managed;

 

16.6. document any rehabilitation, planting or thinning requirements for the Public Open Space;

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NOOSA COUNCIL IDAS Development Application Decision Notice 8

17.

18,

19.

20.

21,

22,

23.

24,

25.

16.7. document the likely edge-effects from which this Public Open Space is likely to suffer and their:
sources and causes, and recommend actions to avoid or minimize these; and

16.8. document all the works and items that the applicant shall undertake, or provide, to establish
and secure the Public Open Space prior to dedication.

16.9. include any fire management measures necessary for ecological purposes.
Prior to the dedication of the Public Open Space, the applicant shall:
17.1. undertake all the weed control, erosion control and rehabilitation works specified in the POSMP;

17.2. undertake the fuel reduction specified in the POSMP;
17.3. construct and/or provide all the fire trails, fire breaks, hydrants, etc. as specified in the POSMP;

17.4. undertake or provide any other works and facilities specified as the applicant's responsibility in
the POSMP (eg. traffic barriers, gates, fencing, etc.)

With regard to the Public Open Space Management Plan (POSMP):

18.1. The applicant shall not commence any works (e.g. construction of firebreaks, traffic barriers,
etc.) in the Public Open Space and the Private Open Space until Council approves the POSMP

18.2. The applicant shall submit the POSMP for approval by the Manager - Land Use prior to the ©
issue of a development permit for operational works for the works within the Public Open Space
and Private Open Space. Approval of the POSMP by the Manager - Land Use shall not be
unreasonably withheld or delayed, having regard to the requirements of Conditions 12 and 16.

Open Space Area (O$3) - Preservation of Visual Amenity

OS3 shall be a minimum of 10m wide with the exception of the access points to the site where it may
be reduced to 5.0 metres and or as required by the conditions of approval.

With the exception of the area required for the bikeway and footpath to traverse OS3 and where street
plantings are proposed, all the existing native vegetation on,OS3 shall be retained.

The design and construction of the adjacent roads, drainage, buildings and other works shall not
adversely impact upon the existing native vegetation in OS3 with the exception of entry statements in
accordance with MP2 and approximately the 5 metre strip of service roadway in the vicinity of
Showroom Building D.

The species of street trees to be planted on the edge of, or adjacent to, OS3 shall be selected from
the major tree species growing in OS3. Alternatively, they shall be in accordance with the landscaping
requirements contained within this approval.

Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS3 to:
23.1. restart stalled regenerative processes and facilitate ecological sustainability, and

23.2. facilitate the required visual screening.

An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning. This consultation is to occur prior to the
submission of the Site Rehabilitation Plan for the development in accordance with condition 81.

Prior to the use commencing, OS3 shall be protected by a registered environmental covenant, which

shall ensure that the existing native vegetation is maintained to the satisfaction of Council. The costs
associated with the preparation and registration of the covenant shall be borne by the applicant.

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NOOSA COUNCIL IDAS Development Application Decision Notice 9

26.

27.

28.

29.

30.

31.

32.

33.

34,

35.

36.
37.

38.

Open Space Area (OSS) - Preservation of Visual Amenity

OSS shall have a minimum width of 12m and a minimum length of 130m generally in accordance with
the approved plans. Apart from providing for the temporary access roadway, the existing vegetation
within this precinct is to be retained and shall not be disturbed to accommodate carparks, detention
ponds, firebreaks or any other infrastructure. Following the construction of the internal loop road that
provides access to this part of the site the temporary service road is to be removed and the area
reinstated in accordance with the Site Rehabilitation Plan.

Deleted.
The design and construction of the adjacent roads, drainage, buildings and other works shall not
adversely impact upon the existing vegetation in OS5 other than the temporary service road and the

impact on the existing hydrological regime on which the vegetation depends shall be minimised.

Prior to construction of the adjacent internal loop road, any clearing along the western property
boundary for the purposes of a firebreak shall exclude the vegetation/forest within OS5.

The species of street trees to be planted on the edge of, or adjacent to, OS5 shall be selected from
the major tree species growing in OS5. Alternatively, plantings shall be in accordance with the
landscaping requirements contained within this approval.

Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OSS to:
31.1. restart stalled regenerative processes and facilitate ecological sustainability, and

31.2. facilitate the required visual screening.

An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning to be undertaken within OSS5. This consultation is

to occur prior to the submission of the Site Rehabilitation Plan for the development in accordance with
Condition 81.

Prior to the use commencing, OSS shall be protected by a registered environmental covenant, which
shall ensure that the existing native vegetatiori is maintained to the satisfaction of Council. The costs

_ associated with the preparation and registration of the covenant shall be borne by the applicant.

Qpen Space Area (OS7) - Environmental Drainage

The OS7 area shall be generally in accordance with MP2 and the approved plans, such that there is
no net loss in the area of continuous open space in the OS7 area to facilitate the provision of
infrastructure, but excluding the proposed future bridge.

The existing drainage way shall be included within OS7 with at least 10m of native forest on either side
of the watercourse. With the exception of:

35.1, the bikeways/pathways shown on MP2,

35.2. a revegetated (with native species) swale at the northern end of OS7,

35.3. outfalls for discharging treated stormwater into OS7 and associated erosion control works,

35.4, future bridge (subject of a future application) between retail centre and main employment
node E1

No development or construction works shall be permitted in OS7.
Deleted.
Except where necessary for development works native vegetation shall not be disturbed.

The design and construction of the roads, drainage, buildings and other works shall not impact upon
the existing native vegetation in OS7.

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NOOSA COUNCIL IDAS Development Application Decision Notice . 10

39.

40.

41,

42.

43.

44,

45.

46.

47.

48.

49,

50.

51.

Where necessary, reinforcement plantings and/or understorey thinning shall be undertaken in OS7 to:
39.1. restart the stalled regenerative processes and facilitate ecological sustainability, and
39.2. facilitate the required visual screening.

An ecologist in consultation with Council shall determine the need for, and the nature of the
reinforcement plantings and/or understorey thinning to occur in OS7. This consultation is to occur prior
to the submission of the Site Rehabilitation Plan for the development in accordance with Condition 83.

Prior to the use commencing, OS7 shail be protected by a registered environmental covenant, which
will ensure that the existing native vegetation is maintained to the satisfaction of Council. The costs
associated with the preparation and registration of the covenant shall be borne by the applicant.

Landscaping

A suitably qualified person shall prepare a Landscape Management Plan (LMP) for the development.
The LMP shall be driven by the concept of ‘Environmental Excellence’ (as embodied in the Strategic
Plan & MP2), The LMP will.show how the development will be integrated into the existing natural
environment, and how a unique landscape character will be achieved for the SBC site and it will be to
the reasonable satisfaction of Council. This plan shall be submitted prior to an application a
development permit for operational works (landscaping).

Open space within the development is to be provided in accordance with the minimum requirements of
MP2. To this end, landscaping is to be provided so that each component of the development shall
have a minimum 10% open space of the area of any development site within a sub-precinct provided
that the sub-precinct overall shall have a minimum open space area of 15% of that sub-precinct. For
the purposes of this condition, sub-precincts B1 & B2 may be assessed combined.

Plant species used in the landscaping will primarily be species that are endemic to the SBC site. At
least 85% of the species and 85% of the quantity of plants used in landscaping shall be endemic to
the SBC site. However, all the visually dominant components of the landscape plantings, that is the
‘signature species’ (eg. street trees, shade trees in car parks and feature plantings) shall be native
species endemic to the SBC site.

Trees and other plants shall not be planted in bedrock or subsoil that will be at the surface of the car
Park areas after the proposed earthworks engineering works. In these areas, adequate soil and
drainage shall be provided for all plantings.

Fauna Protection
Elf Skink

 

The applicant shall update the Elf Skink Management Plan to include the recommendations of the
Environmental Protection Agency in its letter dated 20 June 2003 and it will implement the plan.

Wallum Frogiets

The applicant shall incorporate into the Stormwater Management Plan and EMP any reasonable and
appropriate requirements made by the EPA with respect to the protection of and management of
Wailum Froglets and their habitat on the Shire Business Centre site.

Koala, Glossy Black Cockatoo and other Fauna
Koalas shall not be encouraged (eg. by planting food trees) to utilise OS3.

Plant species used in landscaping and revegetation works shall be selected to provide food and
habitat for local fauna (eg. Allocasuarina spp. for Glossy Black cockatoos; Banksias for honeyeaters,
etc.)

Any internal fencing on the site shall be compatible with the movement requirements of koalas and
other fauna.

No unrestrained dogs shall be permitted on site during construction.

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NOOSA COUNCIL iDAS Development Apptication Decision Notice cht

52.

53.

54.
55.
56.
57,

58.

59.

60.

61.
62.

63,

64,

Vegetation Protection
Deleted.

A Risk Assessment Report (RAR) by a qualified arborist shall be Prepared for all individual trees and
stands of vegetation to be retained within or adjacent to the development areas. Particular attention
will be given to retaining trees with hollows wherever practicable. The applicant shall implement the
recommendations of the Risk Assessment Report,

The existing hydrological and ecological characteristics of the downstream wetlands, poorly drained
areas and Eenie Creek shall not be altered so as to cause detriment to the existing flora and fauna.

During construction, the boundaries of the open Space areas shall be clearly marked for the purpose
of preventing access into these areas thereby protecting the vegetation and habitat values.

Within the open space areas no indigenous vegetation shall be cut down, lopped, damaged, disrupted
or adversely affected, without the prior written consent of Council,

Within the development areas all areas of vegetation and individual trees to be retained shall be
clearly marked. The applicant shall ensure these areas are protected during construction.

Vegetation and individual trees to be retained in the development areas shall be healthy and vigorous.

Ail underground services, drainage, footpaths and other site works shall be located to minimise
adverse impacts on retained vegetation, particularly their root systems.

Vegetation Removal

’

Vegetation removal, tree felling and lopping adjacent to vegetation to be retained in the open space
areas and beside the vegetation adjacent to Stage 1 shall be undertaken in an environmentally
sensitive manner to avoid damaging surrounding vegetation, trees and habitat.

Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If
wildlife species are present, the tree shall not be felled or topped until the wildlife has left the tree.

All cleared vegetation shall be suitably processed or temoved from the site by a method approved by
Council. Burning is not an acceptable means of disposal.

Weed species cleared from the site shall not be mulched. Vegetative material from weed species
shall be removed from the site and disposed of in a Council approved refuse tip.

Weed and Pest Removal

 

In order to protect the ecological values of the site the following apply:

64.1. prior to first entering the site, all construction machinery and vehicles shall be washed down
to remove soil that may contain weed seeds, soil pathogens and pest species;

64.2, all nursery stock shall be weed, pest and disease free and certified as such by the supplier;

64.3. all imported fill, soil, gravel and other construction and landscaping materials shall be weed,
pest and disease free and certified as such by the supplier;

64.4, all mulch used on the site shall be weed, pest and disease free and certified as such by the
supplier; :

64.5. all mulch produced on-site by mulching cleared vegetation and trees shall specifically

exclude material (particularly seeds) from weed species (eg. lantana, asparagus fern and
umbrella trees); and .

64.6. the certificates referred to above are to be obtained prior to the use of the material on-site
and to be made available to Council.

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NOOSA COUNCIL IDAS Development Application Decision Notice . 12

65.

66.

67.

68.

69.

70.

71.

72.

Soil disturbance in the open space areas shall be kept to a minimum to avoid weed proliferation.

Amenity

Deleted.

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, dust or
odour nuisance or any other emissions in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998. On the spot fines apply for such offences.

All refrigeration plant including motors, shall be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance beyond the subject land in
accordance with the nuisancé provisions of the Environmental Protection Regulation 1998. On the
spot fines apply for such offences.

Air conditioning units shall be located in a manner which prevents noise nuisance in accordance with
the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No.
12 - Control of Nuisances. On the spot fines apply for such offences.

An occupier of premises where there is air-conditioning equipment must not use or allow the use of
the equipment -

(a) before 7am or after 10pm on any day if it makes noise or causes noise to be made of more
than the higher of the following -

(i) 40 dB(A); /
(ii) 3 dB(A) above the background noise level

(b) from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the
lower of either of the following:

(i) 50 dB(A)
(ii) 5 dB(A) above the background noise level

(c) from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3
dB(A) above the background noise level.

Fire Management : ‘

A Fire Management Plan is required for the developed areas and a Bush Fire Management Plan for
the open space and bushland areas. These-plans are to be prepared in consultation with the
Queenstand Fire & Rescue Authority to the reasonable satisfaction of the Manager - Land Use’ and will
not rely on the removal of natural vegetation within OS3, OS4, OS5 or OS’, which is otherwise to be
protected. These plans are to be finalised prior to the issue of a development approval for operational
works. The applicant is required to implement any recommendations of the Fire Management Plan
and Bushfire Management Plan. Evidence of any consultation undertaken with the Queensland Fire &
Rescue Authority is to be submitted with the plans.

Fire Management Plan (FMP)

The development shall be designed to incorporate all the required fire protection and control
measures and devices for the development. To this end, the FMP shall address, inter alia, the
following matters:

72.1. expected behaviour of fire;

72.2. fire hazard management actions and risk minimisation strategies;

72.3. building and road layout to reduce fire risk:

72.4. setback zones, proposed building construction methods, materials and design;
72.5. gutter treatment to avoid the collection of combustible material;

72.6. access for firefighters;

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NOOSA COUNCIL IDAS Development Application Decision Notice 14

77.

78.

79,

80.

81.

76.2, Demonstrate a high level of environmental care and responsibility and be consistent with
best practice for developments of this type in similar environments.

76.3. Meet the provisions of the Queensiand Fire and Rescue Authority Act 1990.

Deleted.
Environmental Management Plan (EMP)

The EMP prepared by URS and dated 5 November 2002, is endorsed as the draft EMP for the
development, as amended by the conditions of approval. The applicant shall submit an amended EMP
to the reasonable satisfaction of the Manager - Environmental Services prior to the issue of a
development permit for operational works.

With regard to the particular plans within the EMP, the following are to be addressed:

79.1. The applicant shail prepare a Wetland and Aquatic Ecosystem Monitoring Plan providing for
Monitoring of performance against the relevant criteria in the Wetland and Aquatic
Ecosystem Protection EMP, for the maintenance of suitable habitat characteristics for the
Wallum Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of
the Manager - Land Development and Manager - Environmental Services and shall be
provided prior to the application for operational works. The applicant shail report to the
Council in writing the results of the monitoring of performance in accordance with the
Monitoring Plan quarterly for five (5) years following the commencement of use.

79.2, The applicant shall prepare an Erosion and Sediment Control Ecosystem Monitoring Plan ~
providing for monitoring of performance against the relevant criteria in the Erosion and
Sediment Control Ecosystem Protection EMP, for the maintenance of suitable habitat
characteristics for‘the Wallum Froglet population. The Monitoring Plan shall be to the
reasonable satisfaction of the Manager - Land Development and Manager - Environmental
Services and shail be provided ‘prior to the application for Operational works. The applicant
shall report to the Council in writing the results of the monitoring of performance in
accordance with the Monitoring Plan on a quarterly basis for five (5) years following the
commencement of use.

79.3, The applicant shail prepare a Water Quality Ecosystem Monitoring Plan providing for
monitoring of performance against the relevant, criteria in the Water Quality Ecosystem
Protection EMP, for the maintenance of suitable habitat characteristics for the Wallum
Froglet population. The Monitoring Plan shall be to the reasonable satisfaction of the
Manager -Land Development and Manager - Environmental Services and shall be
provided prior to the application for operational works. The applicant shall report to the
Council in writing the results of the monitoring of performance in accordance with the
Monitoring Plan on a quarterly basis for five (5) years following the commencement of use.

79.4, The applicant shall prepare a Soi! Contamination and Groundwater Protection Monitoring
Plan providing for monitoring of performance against the relevant criteria in the Soil
Contamination and Groundwater Protection Monitoring EMP, for the achievement of the
contro! strategies of the Stormwater Management Plan in respect to the influence of
groundwater on the Wailum Froglet habitat. The applicant shall report to the Council in
writing the results of the monitoring of performance in accordance with the Monitoring Plan
on a quarterly basis for five (5) years following the commencement of use.

The applicant shall commission an independent audit of the proposed designs and site layout to
demonstrate compliance with the EMP by suitably qualified Environmental Auditor. The audit shall
conform to ISO 14010 and ISO 14011 - Guidelines for Environmental Auditing and shall be to the
reasonable satisfaction of the Manager - Environmental Services and shall be submitted prior to the
issue of a development permit for operational works.

The Environmental Management Plan shall incorporate the requirement for monthly environmental
Compliance monitoring and annual audit reports to be submitted to the Manager - Land Development
for the construction stages of the development. The format and content of these reports shall be in
hard copy and digital form, generally in accordance with the following:

81.1. include tables of the monitoring results (digital form should be in Excel);

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NOOSA COUNCIL IDAS Development Application Decision Notice 13

73. The applicant, future owners and tenants will implement this Plan.
Bushfire Management Plan (BMP) :

74, The FMP prepared by Les Hawkes of the Consultancy Bureau, dated March 2003, and forming part of
the application is endorsed as the draft BMP. However a revised BMP is to be prepared that
documents, inter alia, the folfowing matters:

74.1, expected behaviour of bushfires;

74.2. fire hazard management actions and risk minimisation strategies;

74.3. access for firefighters;

74.4, fuel toad management in all bushland and open space areas;

74.6, how ecological values, habitat values and the visual and amenity values of the vegetation
will be retained/protected;

74.6. required firebreaks, fire trails, access points and fire hydrants, etc. in bushland and open
space areas;

74.7. maintenance requirement for the above infrastructure;

74.8. how bushfires will be prevented from spreading into adjacent areas, including the Noosa
National Park;

74.9. coordination with other relevant organizations and agencies;

74.10. specific implementation procedures and responsibilities. _

74.11. the amended position of the western fire break to avoid vegetation protected within OS5.

75, The BMP shall be implemented by the applicant/owner.

76. Both the FMP and BMP shail:

76.1. Include drawings at the same scale (1:2000) showing the location and dimensions of all
firebreaks, fire brigade access roads and access points, location of fire hydrants, building
set-back requirements, etc. for the construction and operation stages of the Stage 1
development.
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72.7. access between structures and vegetated areas:

72.8. fire suppression and evacuation procedures;

72.9. _ landscaping measures to reduce fire risk;

72.10. fuel load management and hazard reduction within landscaped areas;
72.11. required infrastructure — vehicle access tracks, firebreaks, hydrants, etc:
72.12. maintenance requirements for the above infrastructure;

72.13. how fires will be prevented from crossing from development precincts into the adjacent
bushland and open space areas;

72.14, coordination with other relevant organisations and agencies;

' 72.15. owners and operators training and responsibilities;

72.16. specific implementation procedures and responsibilities.

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NOOSA COUNCIL IDAS Development Application Decision Notice : 15

82,

83.

84.

85.

86.

81.2. include individual charts plotting the results for ail parameters required in the monitoring
(digital form should be in Excel);

_ 81.3. include ’a brief written discussion of the results and recommend any necessary actions

The Environmental Management Pian shall incorporate the requirement for three monthly
environmental compliance monitoring and annual audit reports to be submitted to Council for the
operational stage of the development. The reporting on the operational stage will continue for a period
of five (5) years from the commencement of the use. The format and content of these reports shall be
in hard copy and digital form, generally in accordance with the following:-

. include tables of the monitoring results (digital form should be in Excel);

. include individual charts plotting the results for all parameters required in the
monitoring (digital form should be in Excel);

. include a brief written description of the results and recommend any necessary
actions. -

Site Rehabilitation Plan (SRP)

A suitably qualified person shall prepare a SRP for the open space areas (OS3, OS5 and OS7) and
water quality/quantity contro! devices such as swales. The SRP shall be prepared and submitted prior
to the issue of a development approval for operational works and shail be to the reasonable
satisfaction of the Manager - Land Use.

The SRP shall specify actions to be undertaken to restore the natural ecological processes and
facilitate ecological sustainability of the OS3, OS5 and OS7 areas. They shall include, inter alia:

84.1, the need for thinnirig dense fire-induced undergrowth that has stalled natural regenerative
processes,
84.2. the need for reinforcement plantings to ameliorate structural deficiencies, biodiversity

deficiencies or habitat deficiencies, and
84.3, the required visual screening.

The SRP shall contain specific actions to be undertaken for the water quality/quantity devices to re-
vegetate these areas using species endemic to the site so that they become viable and efficient
structures in terms of stormwater management, as well a8 self-sustaining ecosystems.

The SRP shall detail the work required to be undertaken and shall detail, inter alia:

86.1. site preparation;

86.2. construction materials and details;
86.3. weed control;

86.4. planting layouts and species;

86.5. erosion and sediment control;

86.6. planting out procedures and horticultural requirements;
86.7. mulching procedures (if any);

86.8. fertilising procedures (if any);

86.9. irrigation and watering requirements;

86.10. on-going maintenance; and

86.11. environmental safeguards.

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NOOSA COUNCIL IDAS Development Application Decision Notice 16

87.

88.

89,

90.

91,

92.

93.

Advertising, Signage and Entry Statements

An Advertising Management Plan (AMP) shall be prepared for the development detailing the nature
and type of advertising to be provided on site and shall include:

87.1. the size and types of advertising proposed,

87.2. the types of building materials to be used,

87.3. the types, size, and locations of any ‘entry statements’ including the use of existing
vegetation and landscaping,

87.4, the level of illumination, and

87.5, how the signage integrates with the built form and open space areas on the site.

The AMP shall be provided to the Council prior to the issue of an approval for operational
works for the erection of any advertising devices over the site and shall be to the
reasonable satisfaction of the Manager Land Use. The applicant shali implement the
Advertising Management Plan.

All advertising signage shall accord with Council's Local Law No. 16 - Control of Advertising. To this
end the applicant shall be permitted to erect 2 pylon signs at the entry points shown on the approved
site plan. Further, 1 pylon sign is permitted on the showroom site at the centre of the frontage to the
internal loop road. “

Telecommunications

 

’

The provision of high-speed telecommunications infrastructure is required for the development.
Provision for full broad band capacity within the subject site to every tenable area is to be provided
that gives access to broadband infrastructure capable of providing at least 150Mbit/s. Such capability
is to be provided either by underground conduit or other tow visual impact method. The ‘intra-site
broadband infrastructure shall connect to a suitable external broadband network.

Energy Efficiency

The applicant shalt provide a report detailing what measures have been undertaken with the detailed
design of the development to implement the strategies suggested in the Noosa Shire Business Centre
Energy Efficiency Assessment Report prepared by Parsons Brinckerhoff dated April 2003. Further the
report will detail how the development proposal complies with the energy efficiency conditions
contained in this approval and will also examine the viability of delivering at least one third of the
Centre’s energy requirements through renewable energy technology. The report is to be submitted
prior to the issue of a development permit for building works and shall. be to the reasonable
Satisfaction of the Manager Land Use.

The design of building over 2,500m? gross floor area shall meet the Performance Criteria of the
Brisbane City Council's City Plan 2000 — Energy Efficient Code (in effect as at April 2003). Design
which meets the Acceptable Solutions of the Code shall be deemed to satisfy this condition. Design
which does not meet the Acceptable Solutions of that Code, but which otherwise reasonably responds
to the Performance Criteria using the alternative mechanism provided in the Parsons Brinckerhoff (PB)
report (April 2003), shall be deemed to satisfy this condition. This requirement excludes retail
speciality tenancies and display areas within the showrooms.

The design of buildings less than 2,500m? gross floor area shall meet the Performance Criteria set out
in the “Design for Climate” Energy Efficiency Policy of the draft Gold Coast City Planning Scheme (as
at April 2003). Design which meets the Acceptable Solutions of that policy shall be deemed to satisfy
this condition. Design which does not meet the Acceptable Solutions of that policy, but which
otherwise reasonably responds to the Performance Criteria using the alternative mechanism provided
in the Parsons Brinckerhoff report (April 2003), shall be deemed to satisfy this condition. This
requirement excludes retail speciality tenancies and display areas within the showrooms.

Use of lightweight building materials is to be maximised wherever practicable. Hythermal mass
external walls shall be insulated and/or shaded from direct sunlight. The use of pre-cast concrete
slabs is to be minimised where practicable.

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NOOSA COUNCIL IDAS Development Application Decision Notice 7

94,

95.

96.

97.

98.

99.

100.

101.

102.

103.

104.

105.

106.

107.

408.

The design of the evaporative cooling system shall seek to optimise energy efficiency by identifying
and maximising the advantage of the prevailing winds at the site.

Spectrally selective and/or low emissivity glass shall be incorporated where appropriate in the detailed
design, so as to reduce heat transmission to and from buildings.

Hot water requirements of the site are to be provided by solar powered hot water systems, heat
pumps, or heat recovered from refrigeration or air-conditioning systems subject to compliance with
relevant health regulations. Where it is demonstrated to be satisfactory by the Manager —
Environmental Services that such technology is impracticable, five star solar gas hot water will be
accepted as an alternative.

The developer shall seek to apply the energy efficiency strategies listed at Table 5.1 of the Energy

Efficiency Assessment report. where appropriate in the detailed design of buildings.

Use the Australian Greenhouse Building Rating System (AGBR) scheme to rate the greenhouse and
energy performance for commercial/business precinct of the NSBC.

The developer shall prepare and implement a Building Energy Performance Management and

’ Monitoring Plan (“BEPMMP") to the reasonable satisfaction of the Manager Land Use, dealing with

programmed time controlled scheduling for all areas capable of separable operation, demand
management, trend logging, energy usage monitoring and reporting and exception events reporting.
The developer shall report to the Council in writing the results of the monitoring of performance
against the BEPMMP on the first, second and third anniversaries of the commencement of use Stage
1 of the NSBC. The report shall note the strategies and recommendations of the Parsons Brinckerhoff

report (April 2003) that have been carried through to the development. .

Deleted. ‘

The proposed wind catcher ventilation shafts shall be designed to achieve optimal internal ventilation
of buildings consistent with acceptable standards of comfort.

The developer will design tenancy agreements to ensure that any self-contained commercial
refrigeration used on site will meet any mandatory minimum energy performance standards for self-
contained commercial refrigeration to be introduced from July 2005. The developer will also design
tenancy agreements to ensure that in general all appliances used on site are as energy efficient as
possible. .

Waste Management & Recycling

The applicant must provide a suitably screened imperviously paved area large enough for all refuse
and recycling containers for each building complex. A wash down area is required with a cold-water
tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
stormwater entry to the sewerage system.

Refuse containers must be provided in accordance with the requirements of the Environmental
Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the
storage and collection of refuse. :

The development must allow refuse-loading areas to be located off street. All vehicles associated with
the collection of waste/recyclables, shall enter and leave the site in a forward direction.

The applicant is to ensure that operational procedures are in place for the prevention of wind blown-
litter on the site during both the construction and operational phases of the development.

Street litterbins and recycling bins to a design approved by Council, shall be supplied and installed at
the applicants expense at agreed locations.

The applicant shall submit a Waste Management Plan (WMP) for the construction phase of the
development prior to the issue of a development permit for operational works. The WMP shall be to
the reasonable satisfaction of the Manager Environmental Services,- and shall contain information
generally in accordance with the following:-

 

L

MATERIALS ON-SITE | DESTINATION

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NOOSA COUNCIL IDAS Development Application Decision Notice

109.

110.

18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Re-use and Disposal
Recycling
Expected waste | Estimated volume | On-site Off-site *specify contractor
materials (m3) “specify proposed | ‘specify and landfill site
te-use or on-site | contractor and
recycling methods | recycling
outlet
Excavation material
Garden Organics
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Other - please
specify
* Note: Details of site area to be used for onsite separation, treatment and storage {including weather

protection) shall be provided on the plan drawings accompanying your application.

The applicant shall implement the requirements of the WMP.

The applicant shall submit a WMP for the operational stages of the development prior to the issue of a
development approval for operational works. The WMP shall be to the reasonable satisfaction of the
Manager -- Environmental Health, and shall contain information generally in accordance with the
following:

109.1, | The estimated waste volumes, area for refuse/recycle storage and service access.

109.2. The types of waste that will be generated from the activities approved within the
development.

109.3. Anticipated volumes or tonnage of waste generated from the activities.
109.4. Identification of the recyclables within the generated waste stream.
109.5. __ Initiatives to minimize waste either by waste prevention, teduction, re-use or recycling.

109.6. Operational procedures for the storage and collection of waste from the development
complex including the collection of recyclables.

109.7. Design detail of waste storage and recycling areas including methods of prevention of storm
water contamination.

109.8. Details of types of waste storage containers to be utilized.
109.9. Detail of access to waste collection area for waste collection vehicles.

The applicant shall implement the requirements of the WMP.
Environmental & Health Issues

 

Approval for the Underground Petroleum Storage System must be obtained under the Dangerous
Goods Safety Management Act 2001 and the Environmental Protection Act 1994. The application for
such approval shall be lodged with Council’s Environmental Health Section and shall include an
assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide
for Petroleum Product Storage”.

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NOOSA COUNCIL IDAS Development Application Decision Notice 19

111,

112,

113.

114.

115.

116.

117.

118,

119.

120.

121.

122.

123.

124,

An annuai licence is to be obtained from Council’s Environmental Health Section with respect to the
storage of flammable or combustible liquids in excess of the minimum amounts permitted under the
Dangerous Goods Safety Management Act 2001. Application for such a licence is to be made prior to
the issue of a development permit for building works.

In regard to any food premise an annual licence and registration of the premises is required under the
Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged
food is sold, prepared, packed, stored, handled, served or supplied for sale.

In regard to any hairdresser or beautician establishment an annual licence is required under the
Health Regulations 1996 from Council's Environmental Health Section where hairdressing or skin
penetration is to be performed on the premises. :

The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments for approval by Council’s Environmental Health
Section, for any food premises proposed to be included in the development. Approval is to be
obtained prior to fitting out the building.

For café or restaurant the applicant must provide toilets for customers and staff in accordance with the
Building Code of Australia.

Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust
system. The installation of any mechanical exhaust system is to comply with AS 1.668.2 and AS
1668.1.

The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code: controlling hairdressing premises for approval by Council’s Environmental Health
Section, for any hairdressing or skin penetration premises proposed to be included in the
development. Approval is to be obtained prior to fitting out the building.

The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or building
contractor carrying out building work on a building site in a way that makes or causes audible noise to
be made from the building work on:-

(a) Monday to Saturday, before 7:00am or after 6:30pm
(b) Sunday or public holiday, at any time.

t

A maximum penalty of $1,500 applies to an offence under this legislation.

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. .

For any medical center established on the site a clinical waste service is required for the activities.
The operator is required to arrange with a licensed clinical waste contractor for the commencement of
such service.

Trade Waste

 

The bin washing area is to be roofed and the floor is to fall to a bucket trap with the waste pre-treated
by a grease arrestor prior to discharge to the sewer. Rainwater is to be excluded from the bin washing
area. Bin-washing is to take place only at the bin washing area.

Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning
and servicing. Where access is restricted, a pump out line is required.

Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
Waste.

Council approval must be gained prior to the discharge of Trade Waste to Council's sewerage system.
Approval may be granted through the issuing of a Trade Waste Permit.

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NOOSA COUNCIL IDAS Development Application Dacision Notice 20

125.

126.

127,

128.

129.

130.

131.

132.

133.

134,

River Flooding

135,

136.

137.

All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans
submitted fo Council for approval.

Trade Waste requirements must be in place, inspected and approved prior to commencement of
trading or operation.

All trade waste pre-treatment devices must be easily accessible for servicing purposes.
Building Services

The applicant shall comply with the Disabled Discrimination Act (DDA) requirements in relation to the
installation of disabled access and the provision of disabled facilities, and access to this building and
the provision of sanitary facilities shall comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.

A Plan for equitable access for patrons of the development shall be Prepared in consultation with
Council's Equitable Access Reference Group prior to the issue of a development permit for building
works to the reasonable satisfaction of the Manager - Land Use.

General conditions

 

Any fencing provided in conjunction with the development is to be setback an average of two (2)
metres to any internal road frontage. Fencing shall not be installed within OS3.

Deleted.

Existing trees on the site and within road reserves are to be retained, except where removed due to
building operations or the conduct of the approved use. The landscape plans are to denote areas of
existing vegetation or existing trees to be retained. To this end, the design of the internal loop road,
pedestrian and cycleways, and swales within the development may meander in order to facilitate the
retention of any existing vegetation where practicable within the proposed loop road area.

Security

Security in the form of a cash bond or trading bank guarantee to the sum of $500,000 must be
submitted, to secure performance of all conditions of this development permit, prior to the issue of a
development permit for operational works. If Council is required to draw against this guarantee, the
applicant will be required to ‘top up’ the guarantee until ah amount of $500,000 has been secured.
The total amount of security required to be submitted to Council shall not exceed $1,000,000. 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 this development permit. ©

Currency

This development permit lapses 4 years after the Development Permit takes effect.

No development is to be undertaken below the Q100 line indicated on Stockwell Drawing
Q0201.01b/P dated 19th March 2003.

Eenie Creek Road

Prior to the use commencing the applicant shall, at no cost to Council, construct two additional traffic
lanes on Eenie Creek Road between Eumundi Road and Reef Street, to Council’s reasonable
requirements, all engineering standards to be generailly consistent with those applicable to the existing
two lane construction and include works associated for an intersection to the SBC off Eenie Creek
Road required by Condition 138.

The use shall not commence until 31 January 2006 or until both Eenie Creek Road Stage 2 between
Reef Street and Cooyar Street and Walter Hay Drive between Emu Mountain Road and Eenie Creek
are operational to traffic as two way, two lane roads, whichever first occurs.

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NOOSA COUNCIL IDAS Development Application Decision Notice . 21

138. The applicant shall design and construct, at no cost to the Council, a priority controlled intersection
providing for all turns except right turn egress providing access to the proposed development from
Eenie Creek Road.

The intersection and all associated works providing for connection of the pavement and stormwater
drainage infrastructure to the Eenie Creek Road infrastructure to be constructed pursuant to condition
136, shall be constructed prior to the commencement of the use under a Development Permit, and
shall be to the reasonable satisfaction of the Manager Land Development. The geometric design
should not preclude future upgrading of this intersection to a two lane-circulating roundabout which
may be developed in conjunction with future stages of the SBC.

Waiter Hay Drive

139. ‘The applicant shall dedicate as road reserve, at no cost to the Council, sufficient land from lot 1on SP
100885 for the construction of Walter Hay Drive in accordance with Council's approved alignment
generally as indicated in the planning and design concept for Walter Hay Drive, approved by Council
on 1 May 2003, as further modified by GHD plan 41-12240-C027 revision B or as subsequently
approved by Council for the detailed design.

140. The applicant will meet Council’s reasonable design costs and construct a northern roundabout on
Walter Hay Drive and two additional lanes between that roundabout and Eenie Creek Road in
‘accordance with Council's approved alignment generally as indicated in the planning and design
concept for Walter Hay Drive, approved by Council on 1 May 2003, as further modified by GHD pian
41-12240-C027 revision B or as subsequently approved by Council for the detailed design. The
applicant will also undertake all design and construction required to accommodate the necessary
changes in alignment to provide access and roadway capacity associated with this development

Possible Agreement
141. Deleted.

142. The applicant will construct the section of the internal loop road that is part of Stage 1 of the SBC
generally in accordance with the approved plans. Working drawings in respect of the internal loop
toad shall provide road widths suitable for accommodating the traffic loadings expected, allowing
manoeuvring of all vehicles including articulated and accommodating cycle and pedestrian paths
generally in accordance with Council’s Engineering Standards for roads of that type shall be to the
reasonable satisfaction of the Manager of Land Development and shall be submitted with the
application for operational works. Road pavement widths shall be reduced where possible to enable
retention of vegetation. :

_ 148. The design of all sections of the internal loop road shall be consistent with Council's normal design

standards, to facilitate possible future dedication of the loop road and the connections to the external i
site access intersections. ¥

144. Internal roadways between the site access intersections on Walter Hay Drive and Eenie Creek Road
and the roundabouts on the internal loop road shall be constructed as four lane divided roads and
provide queue space of not less than 80 metres between intersection stop or give-way fines for both
entry and exit vehicles.

145. Roundabouts constructed on the internal loop road shall have a minimum diameter that allows the
largest vehicles required to access the SBC to negotiate them in an acceptable manner, generally in
accordance with drawing 4024/S18 Issue A prepared by MPN Consulting Engineers.

146. Internal car park and service roadway access driveways to and from the internal loop road shall be
located as if the loop road was a public road, with driveways located clear of roundabout queue areas,
pedestrian crossings, etc, generally consistent with AS2890.1

147. Access to the existing childcare centre on the adjacent property (Lot 1 on RP 215933) shall be
retained. at all times by the applicant. Should the existing access be affected by roadworks, an
alternate access is to be provided. Such access may be considered in the detailed design for the
construction of the westbound lanes of Eenie Creek Road between the access intersection to the SBC
and Eumundi Road as required by the conditions of this approval to the reasonable satisfaction of the
Manager - Land Development.

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NOOSA COUNCIL {DAS Development Application Decision Notice 22

Public Transport

148, The applicant shall make provision for bus stops and bus routes on and through the subject site
without traversing through carpark areas, in accordance with the reasonable requirements of Council
and Queensland Transport. Such facilities should not compromise the possibie future development of
a regional bus interchange in area E6 of MP2 :

149, Provision shall be made for the provision of public transport vehicles with their own access road
separate to parking isles other than staff carparking and clear of internal traffic queues or congestion
Points generally in accordance with the approved plans for the development..

150. Provision shail be made immediately: adjacent to the retail centre for a taxi rank able to accommodate
at least six taxis. This rank shall be located in an area close to major pedestrian routes and where
after-hours lighting and security will be maximised, under cover. The rank should include provision for
dedicated phone connections to local taxi companies. Further provision for the bus spaces as shown
on the approved plans shall be maintained..

151. Provision shall be made for state of the art electronic advice notices to advise patrons of the timing of
public transport services at the public transport set down and pick up area.

Car Parking

162. Carparking for the proposed development shall be generally in accordance with the approved plans
and the following: .

152.1. Retail Centre at a rate of 5.4 spaces per 100m? of shop floor space TUA ~ 1000 spaces.

152.2. Showroom Component at a rate of 1 space per 36m? of showroom/homemaker floor space
TUA — 196 spaces.

152.3. Commercial/Business Component at a rate of 1 space per 23m? of commercial/business
floor space TUA - 217 spaces.

153. Deleted

154. The car park for the Retail Centre and Showroom shall meet the objectives of MP2 3.5 (j).

155. The applicant shail ensure the carparking layout for the proposed development prevents conflict
between public transport, delivery and service vehicles and visitors cars generally in accordance with
the approved plans. :

156. Aisle lengths in the car park in the B3 showrooms shall be maintained in accordance with the
approved plans to the satisfaction of the Manager Land Development..

157. The car parking area shall be drained and the pavement (pervious and impervious) constructed to
access road standards to the reasonable satisfaction of the Manager - Land Development. Plans and
specifications for these works shall be submitted with and application for a development permit for
operational works.

158. All car parking shail be kept maintained and line-marked in a condition fit for use.

159. Disabled parking spaces shall be provided for each development component in accordance with the
requirements of AS2890.1, in respect of the number, design and location of these spaces.

160. The design of the car parking areas will comply with the Australian Standards AS 2890.1 and AS
2890.2.

Loading Areas

161. Deleted.

162. Deleted.

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NOOSA COUNCIL IDAS Development Application Decision Notice . 23

of the 5 metre area at the western end of building D of the Showroom Component) and the garbage
collection area. Should part of the existing road reserve adjoining the subject site to the north be
included into the site following the dedication of the land for proposed Walter Hay Drive, it is accepted
that this area of land can contribute towards the OS3 buffer area to satisfy the requirement for the
provision of OS3 under this development permit.

. | 163. Ail infrastructure shall be kept clear of the OS3 area including the service roadway (with the exception

164. Deleted.
External Works Other Than Roads

165. . Any necessary stormwater drainage systems required by the any external roadworks fronting the
proposed development as required by these conditions of approval, will need to be constructed by the
applicant as part of those works to the reasonable satisfaction of the Manager Land Development.

166. Any necessary augmentation or installation of services will also need to be undertaken by the
applicant as part of this development to the reasonable tequirements of the Council. The services will
need to be able to cater for the ultimate development of the SBC.

Pedestrian/Cycle Access

- 167. The applicant shail undertake all work indicated on Pedestrian and Cycle Management Plan submitted
on as Annexure 6 as part of the representations to the decision notice issued 4 May 2003. The applicant
shail construct all cycleways and pathways as shown on the Pedestrian and Cycle Management Plan.
To this end, the applicant is required to construct a shared pedestrian and cycleway pathway in lieu of
the pedestrian pathways indicated in black on the Pedestrian and Cycle Management Plan.

168. The applicant will design and construct all works required by the approved Pedestrian and Cycle
Management Plan for the SBC, subject to any modifications required by these conditions of approval.

- 169. The applicant will construct access from the SBC pedestrian and cycleway links to the existing
pedestrian/cycleway under Eenie Creek Road, which meets disabled access requirements and has
good sight lines into the pedestrian/cycleway tunnel under Eenie Creek Road generally in accordance
with option 2 on plan 4024 S26B by MPN Consulting Pty Ltd.

170. The applicant will design and construct access from the pedestrian and cycleways shown on the
Pedestrian and Cycleway Management Plan to the proposed pedestrian/cycleway under Walter Hay
Drive, which has good sight lines into the structure. The applicant will be required to contribute 50%
towards the cost of the pedestrian/cycle underpass proposed under Walter Hay Drive.

171. The applicant will design and construct the external pathways for cycles and pedestrians on Eenie
Creek Road from Noosa Eumundi Road to the SBC access as part of this development.

Stormwater Drainage & Water Quality

172. A Stormwater Management Plan for the site including revegetation and remediation shall be prepared
and submitted prior to the issue of a development permit for operational works to the reasonable
satisfaction of the Manger Land Development. The Stormwater Management Pian shall be generally in

accordance with URS's Report of 19 June 2003” and include “and shall be implemented by the
applicant, ,

173. The Stormwater Management Plan will address the following:
_ 173.1. Deleted.

r 173.2, Gross pollutant traps shall be installed inline on the piped systems for all paved areas that
do not fall to the proposed bio-retention devices prior to the run off entering OS7;

173.3. All primary treatment of runoff will be outside the open space area OS7 to ensure
compliance with MP2;

 

173.4. Deleted.

| 173.5. The bio-retention areas within the car parks must be large enough to allow the proposed
~ planting to thrive and have a viable root system;

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NOOSA COUNCIL IDAS Development Application Decision Notice 24

 

173.6. The detailed design of the stormwater management system shall provide for water reuse
within the site so as to ensure that the hydrology of the open space areas is maintained
while using a reasonable quantity of excess water generated by the development within the
site for non-potable purposes such as landscape watering generally in accordance with the
Concept Stormwater Management Plan to the reasonable satisfaction of the Manager -
Land Development. More detailed analysis using MUSIC or equivalent suitable software is
required to refine the water reuse assessments as well as pollution management
measures, with a one hour (maximum) time step to be used;

173.7. Deleted.

173.8. | The Site Rehabilitation Plan shall provide details about the revegetation of water quality
control ‘devices located in the OS7 area and the Landscape Plan shail provide details about
the vegetation of water quality control devices in the developed precincts. The Stormwater
Management Plan shall demonstrate that the proposed vegetation on the water quality
control devices will adequately treat the stormwater and achieve the required water quality.

173.9. Deleted.

173.10. Deleted.

173.11, Deleted.

173.12. Operational works stormwater management planning is to be included;

173.13. Deleted.

173.14. Deleted. ’

173.15. Details of the sediment and’ erosion control for construction management for the
development that adequately addresses the extent of site disturbance proposed;

173.16. The establishment and operational phases for the project, including at least four per year
event based water quality monitaring as detailed in the draft concept Stormwater.
Management Plan dated 19 June 2003, within the gullies of the site, and in.the receiving

. waters for: .
° Total Nitrogen.
. Total Phosphorus.
. Suspended Solids & Turbidity.
° pH.
e Salinity.
° Temperature.
| ° Trash & gross pollutants.
. Algal count and identification.
. Faecal coliforms.
The applicant shall continue monitoring for a period of 5 years from completion of Stage 1.
: The results of monitoring are to be submitted to Council in a digital form acceptable to the
Manager Land Development.
| : 173.17. During the establishment and operational phases the applicant is to undertake inspections
for erosion and deposition, and build up of trash and gross pollutants, and other water
poilution. These inspections will be carried out after significant rainfall events, and on a
| three monthly campaign basis for a period of five years from completion of the final stage
of construction. Corrective measures will be implemented where indicated by such
inspections.
| 173.18, For the construction phase at least four per year event based water quality monitoring shall
- be undertaken for:
| A o:\dalabase\onestop\decision.doc

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[ [

- :

[

C.

comomeneed —

{

 

NOOSA COUNCIL IDAS Development Application Decision Notice 25

° Suspended Solids & Turbidity.
. pH.

. Temperature.

e Salinity.

. Trash & gross pollutants.

In addition to the above, inspections for erosion and deposition, and build up of trash and
gross pollutants shall be carried out on a weekly basis during the construction period and
corrective measures implemented.

173.19. An operational phase Water Quality Management Plan shall be prepared to address water
treatment device water quality maintenance requirements for stormwater management
measures and devices, contingency measures for aquatic plant growth, loss of vegetation
in swales, die off of trees and shrubs in or near any devices, pollution response and algal
blooms and shall include a mosquito management strategy. The pian shall demonstrate
compliance with the water quality objectives set and a no worsening over the existing pre-
development situation in the site gullies, OS1, OS2 and OS4, in Eenie Creek and the
freshwater dam.

173.20. Responsibilities for all actions required in the plan are to be clearly delineated.

173.21. Non-compliance with prescribed water quality standards shall trigger the implementation of
: measures/further testing to rectify.

173.22. Monthly reports on monitoring, incidents, corrective action and plan updates are required to
be submitted to Council during the construction period. These reports are to be submitted
in a form acceptable to the Manager Land Development (including digital form) and are to
highlight any non-standard results.

173.23. Yield analysis using a 3-hour (maximum) timestep MUSIC or equivalent model is required.
This analysis will need to demonstrate the effect of the proposed works on the water cycle
in OS1, OS2, OS4, OSS and OS7. This modelling shall be undertaken and submitted with
the application for operational works:

.173.24. The use of enhanced existing vegetation filtration or alternate methods not requiring.
clearing is to be used for drainage works to OS5, instead of the proposed construction
extended detention basins.

173.25. Deleted.

173.26. The bio-retention devices shall be maintained by the applicant in good working order at all
times, so as to achieve their intended purpose including periodic replacement of sand and
soils. Inspection of the bio-retention devices shall occur at least once every 5 years, and
will provide a written report to the Manager Land Development as to their condition and any
remedial action taken or proposed to be taken.

173.27. Deleted.

174, All stormwater design and construction on the development will be undertaken in accordance with the
approved Stormwater Management Plan. ,

175. The applicant is to install water quality control devices generally in accordance with the approved
Stormwater Management Plan. Detailed staging plans and specifications, based on and generally in
accordance with the Plan are to be prepared and submitted (after consultation with officers of the
Council) with the relevant applications for operational works.

176. All easements required on downstream properties draining the site either by way of underground
drainage or overland flowpaths shall be obtained.

177. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare
- engineering drawings and specifications for stormwater designs and shall be submitted in conjunction
with an application for a development permit for operational works (stormwater drainage).

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NOOSA COUNCIL IDAS Development Application Decision Notice . 26

178.

179.

180.

181.

182.

183.

184.

185.

186.

187.

188.

189.

190.

191.

Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties.

The stormwater discharge from the site shall be designed such that there is no net increase in the rate
of discharge as a-result of the development for storm events up to 100 year ARI.

Stormwater drainage shall include measures to protect proposed allotments from run-off from or to
surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and
grease, and silt and sediment.

Underground stormwater systems shall be designed in accordance with Noosa Council’s Engineering
Design Standards, and shall be connected, where possible to Council's existing drainage systems.

An easement of minimum width 4.0 metres shall be granted in favour of the appropriate party over any
Council maintained stormwater pipes that traverse private property.

Designs that concentrate stormwater onto adjoining land shall require separate formal approval from
the owner of the land or relevant Government Authority. Such approval shall be submitted with the
design in conjunction with an application for a development permit for operational works (stormwater
drainage). .

The design plans detailing surface levels, which shail be controlled across the site of the development
to create as major storm event overland flow path system to cater for the 1:100 year design storm,
shall be submitted in conjunction with a development permit for operational works (stormwater
drainage). Any overland flow from external catchments shail be accepted and incorporated in the
major event surface flow drainage system through the site. Overland flows shall be discharged in a
safe manner and the product of velocity time depth shall not exceed 0.4 m2/sec.

All Site drainage shall be by means of gravity systems.

Drainage works are to be progressively undertaken in conjunction with development of the site
generally in accordance with the approved Stormwater Management Plan. Detailed drainage plans
and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP
and these Conditions, are to be prepared and submitted (after consultation with officers of the Council)
with the relevant applications for operational works.

All drainage works as required by the Stormwater Management Plan are to be provided by the
applicant at its cost.

Deleted.

A minimum floor tevel freeboard of 0.3m shall be provided for business, commercial and storage areas
above the top water level of the stormwater overland flows. .

Earthworks

Any excavation or filling works proposed behind the showraom development on the Eenie Creek Road
frontage is not to occur within the 10 metre OS3 area (with the exception of the 5 metre length of
service roadway at the western end of building D) to ensure the protection of the existing vegetation
within this area, with the exception of the works required to provide the pedestrian and cycleways
beneath Eenie Creek Road and Walter Hay Drive and where filling is required at the eastern end of
the showroom development to allow for the construction of Walter Hay Drive. The rehabilitation of the
OS3 area is to be addressed in the Site. Rehabilitation Plan to the’ reasonable satisfaction of the
Manager - Land Use. . .

Deleted
Deleted.
Deieted.

A registered practicing Geotechnical Engineer shail test the existing ground conditions for suitability of
placing additional fill prior to such fill being placed. Batters within the loop road reserve shall be at a
maximum grade of 1:4 unless retained by a wall. In all other areas batters will have a maximum batter
as determined by a registered practicing Geotechnical Engineer in consultation with Manager Land
Development. Landscape treatment of the batters will be a consideration in their agreed slope.

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NOOSA COUNCIL IDAS Development Application Decision Notice

192.

193,

194.

195.

196.

197,

198.

199,

200.

201.

202,

Fill shail be compacted to 95% relative dry density as per Main Roads De=
registered practicing Geotechnical Engineer shall supervise all the placer~
that ail lots have been compacted to the required standard,

Any existing fill on the site that does not comply with Council’s requiremer—
direction of the Manager Land Development prior to additional filling works <

Following completion of the filling works, the registered Practicing Geotect-
the works shall submit compaction tests across the entire filled areas and
for each lot subject to filling. The extent of fill and each lot site classific: .
metes and bounds survey plan.

Acid Sulfate Soils

Where excavations are Proposed below R.L 5.0m AHD a report shall be
qualified person in conjunction with an application for development perr-
(earthworks), to determine if acid sulfate soils are present on site. {f acid =
site the report shail also outline the required treatment and managemer—
accordance with the requirements of State Planning Policy 2/02 ‘Planning =
involving acid sulfate soils’. -

Erosion & Sediment Control

To protect the environment against siltation/sediment export or soil er
development, an erosion and sediment control plan shall be submitte=
application for a development permit for operational works (earthworks), =
as silt fencing, controlled gravel access to the site and controlled dis
necessary. Prior. to commencement of building works, all physical site <
installed, and the plan adhered to. :

Town Water Supply

The applicant will construct at its cost a second feed in conjunction with the=
Hay Drive access if the anticipated loading on the system for the ultimate
equivalent of 35 tenements.

Sizes of the mains are to be a minimum of 150mm diameter and are to &
analysis carried out by Councils consultants at the applicants cost.

A water supply master plan for ultimate development shall be to the satisfac
Development and shall be submitted in conjunction with an application fo
supply). The Water Supply Master Pian will consider metering of individual
(body corporate) flows as well as the reticulation system and valving
infrastructure will be designed and constructed in accordance with the appr-
Plan.

Sewer Capacity

The applicant at its costs will construct the proposed sewer rising me
discharge to Manhole NV40/01/18 in Eenie Creek Road.

The existing sewer Pump station and rising main are to be upgraded by the
and requirements as detailed in Councils Engineering Design Manual - Wate

A Sewer Master Plan for ultimate development shall be submitted to the res
Manager Land Development in conjunction with an application for a
operational works (sewer works).. All sewer infrastructure will be desi
accordance with the approved Sewer Master Plan.

All internal reticulation works (both water and sewerage) are to be const=
Noosa Council Engineering Standards for Water and Sewerage (depe

classified as private main when completed) and checked by Council

tequirements as per Council standards.

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NOOSA COUNCIL IDAS Development Application Decision Notice ° 27

192.

193.

194,

195.

196.

197.

198.

199.

* 200.

201,

202.

Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A
registered practicing Geotechnical Engineer shall supervise all the placement of fill and shall certify
that all lots have been compacted to the required standard.

Any existing fill on the site that does not comply with Council's requirements shall be removed at the
direction of the Manager Land Development prior to additional filling works commencing.

Following completion of the filling works, the registered practicing Geotechnical Engineer supervising
the works shail submit compaction tests across the entire filled areas and a site classification report
for each lot subject to filling. The extent of fill and each lot site classification shall be shown on a
metes and bounds survey plan.

Acid Sulfate Soils

Where excavations are proposed below R.L 5.0m AHD a report shall be submitted from a suitably
qualified person in conjunction with an application for development permit for operational works
(earthworks), to determine if acid sulfate soils are present on site. if acid sulfate soils are present on
site the report shall also outline the required treatment and management of the disturbed soils in
accordance with the requirements of State Planning Policy 2/02 ‘Planning and managing development
involving acid sulfate soils’.

Erosion & Sediment Control

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 an
application for a development permit for operational works (earthworks). Site control measures such
as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be
necessary. Prior to. commencement of building works, all physical site controt measures shall be
installed, and the plan adhered to.

Town Water Supply

The applicant will construct at its cost a second feed in conjunction with the construction of the Walter
Hay Drive access if the anticipated loading on the system for the ultimate development exceeds the
equivalent of 35 tenements.

Sizes of the mains are to be a minimum of 1 50mm diameter and are to be confirmed by a network
analysis carried out by Councils consultants at the applicants cost.

A water supply master plan for ultimate development shall be to the satisfaction of the Manager - Land
Development and shall be submitted in Conjunction with an application for operational works (water
supply). The Water Supply Master Plan will consider metering of individual occupancies and common
(body corporate) flows as well as the reticulation system and valving arrangements. All water

infrastructure will be designed and constructed in accordance with the approved Water Supply Master
Plan.

Sewer Capacity

The applicant at its costs will construct the proposed sewer rising main in the development to
discharge to Manhole NV40/01/418 in Eenie Creek Road.

The existing sewer pump station and tising main are to be upgraded by the applicant to the standards
and requirements as detailed in Councils Engineering Design Manual - Water & Sewerage.

A Sewer Master Plan for ultimate development shall be submitted to the reasonable satisfaction of the
Manager Land Development in Conjunction with an application for a development permit for
Operational works (sewer works).. All sewer infrastructure will be designed and constructed in
accordance with the approved Sewer Master Plan.

All internat reticulation works (both water and sewerage) are to be constructed in accordance with
Noosa Council Engineering Standards for Water and Sewerage (depending on tenure may be
Classified as private main when completed) and checked by Council with full as constructed
requirements as per Council standards,

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NOOSA COUNCIL IDAS Development Application Decision Notice

203.

204,

205.

206.

207.

208.

209.

210.

211.

212.

213.

214.

Service Easements

All infrastructure shall be covered by easements where necessary to the reasonable satisfaction of the
Manager Land Development.

No building or other structure shall be constructed or encroach over an easement. Any building or
structure within proximity of an easement of Council's or any other public utility's underground
infrastructure must have its foundations designed so that no surcharge loads are imposed upon such
underground infrastructure. Foundations must be taken down a minimum of 1m below a line of
influence measured 1m in the direction of the foundation from the centreline of the closest
underground service and along the naturat angle of repose of the foundation soil type(s).

Headworks

Headworks contributions are required for Water Supply and Sewerage and will be charged in
accordance with Council's Planning Policies, PSP 28 - Water Supply Headworks Contributions and
PSP30 - Sewerage Headworks Contributions. These headworks are to be paid by the applicant prior
to. the issue of a Development Permit for Building Works. An estimate only of the expected
contribution is:-

Retail Centre : ~ $466,608.00
Showroom & Commercial/Business $260,340.00

TOTAL $726,948.00
General.

Prior to undertaking any excavation, the Person acting on this permit shall contact public utility service
Providers to ascertain the location of their underground services.

The applicant shall sign a written undertaking to be responsible for the full cost of repairs to road
pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of
construction of the proposed development.

Where kerb and channel is constructed at a road intersection or any other place it is provided,
disabled access shall be incorporated. .

No Council property or facility shall be interfered with during works associated with this development
without Council approval.

A Traffic Management Plan is to be prepared by a Registered Professional Engineer of Queensland
addressing safety during construction, including pedestrian safety, in accordance with the Manual of
Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks
Signing Guide. A copy of which is to be submitted to Council for their records prior to construction
commencing.

All designs for engineering works involving the construction of pavements, kerb and channel, vehicular
access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be
Prepared in accordance with the requirements of Council's Engineering Design Standards, shall
reference where applicable to Council's Standard Drawings and shall incorporate best engineering
practice.

A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works, which shail be submitted in conjunction with an application for
a development permit for operational works.

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.

Prior to commencement of the use, or a certificate of classification being issued (whichever occurs
first), a certificate shall be submitted to Council from a registered Professional Civil Engineer of
Queensland certifying that the operational works have been inspected and no items have been
identified that suggest the work has not been completed in a workmanlike manner.

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NOOSA COUNCIL IDAS Develapment Application Decision Notice . 29

215.

216.

217.

218.

219.

- 220.

221.

222,

223.

224,

225.

As Constructed drawings certified by a registered surveyor and a registered Professional Civil
Engineer of Queensland showing the extent and finished levels of the filling works are to be submitted
for Council's records, prior to the use commencing.

These drawings must fully detail levels for all engineering works including water supply and sewer
reticulation, drainage structures, building floor levels, finished ground levels effluent trenches and
pavement surface levels. Drawings shall be on transparencies, a hard copy highlighting any changes
from design and in electronic format on an IBM PC compatible floppy disk in a format capable of
integration with Council’s computer system.

Fire hydrants are to be provided throughout the development in accordance with Council and
Queensland Fire Service standards.

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".

Prior to the use commencing, a State Survey Mark shall be provided within the site. It shall be levelled
and located to the requirements of the Manager - Land Development. 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 one real property
comer by a registered Surveyor. :

The applicant shall satisfy all relevant requirements of the Water Act 2000.

The developer is to implement the use of small-scale solar photovoltaic powered pumps for irrigation
systems and power for outdoor lighting. The development should utilise a significant amount of
renewable energy produced on site. :

Use of occupancy censors for HVAC, Lighting systems and Automated -Toilet Flush systems were
appropriate. .

Use only native tree species for landscaping to reduce the amount of water needed to be pumped for
on site irrigation. Only drip irrigations systems or systems with similar or better water and energy
conservation qualities are to be used on site.

Development does not result in obtrusive lighting as described in the Australian Standards AS4282
“The control of the obtrusive Effects of Outdoor Lighting”. :

Rainwater is captured on site and used to irrigate garden beds and for flushing toilets. Rainwater
storage tanks should be plumed, to allow refilling from mains supply, as well as utilize the force of
gravity for distribution.

All infrastructure within the site shall be maintained to the reasonable satisfaction of the Manager Land
Development.

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| NOOSA COUNCIL IDAS Development Application Decision Notice 30

: | CONCURRENCE AGENCY CONDITIONS (PETROLEUM PRODUCT STORAGE - ERA 12)

The development contains a service station and fuel storage, which is classified as an Environmentaily Relevant
Activity Level 2. The following schedule (Schedule A) details the environmental conditions that apply to the

 

 

 

 

 

 

 

 

 

 

: environmental authority for the conduct of the activity.
| SCHEDULE A
~ Noise
1. The emissions of noise from carrying out the environmentally relevant activity must not result in levels
greater than those specified in table 1.
TABLE 1.
NOISE LIMITS AT A NOISE SENSITIVE PLACE
Period Noise Level at a Noise Sensitive Place measured as the Adjusted
Maximum Sound Pressure Levei
Lamax ad), T
7am-10-pm Background noise level plus 5 dB(A)
10 pm - 7am . | Background noise tevel plus 3 dB (A)
| Period Noise Level at a Commercial Place measured as the Adjusted
— / Maximum Sound Pressure Level
{ “ / , oO Lamax adj, T
~ 7am - 10pm Background noise level plus 10 db(A)
10 pm - 7 am Background noise level plus 8 db (A)

 

 

 

 

- Air

i 2. Where Petroleum products are to be transferred from a delivery vehicle to an underground fuel storage
tank, and where an installation receives collectively more than 520 kilolitres of petroleum product during a
= twelve (12) month period, then the underground fuel tank and delivery vehicle shall be fitted with “Vapour
Recovery System” equipment. Such equipment shall be installed in accordance with Australian Standard
po (AS) 1940, Australian Institute of Petroleum (AIP) CP6-1986 and AIP CP4-1993.

_ 3. The aboveground tank shall be fitted with a “pressure vacuum valve” on the atmospheric vent. The
pressure vacuum valve shali be set to closed when the pressure in the tank is between the design
ms operating maximum pressure and the design operating maximum vacuum in accordance with AS 1692.

Wastewater and other Liquid Waste

4. Wastewater and other liquid waste shall be discharged to sewer or transported to an approved hazardous
te waste facility. The licensee must comply with the conditions of a current trade waste permit issued of the
site and/or conditions of an approval to transport to an approved hazardous waste facility.

5. Vehicle or equipment wash down shall not be conducted in a manner which may cause the contamination
of surface stormwater run-off.

6. Wastewater from car washing must not be directed to the stormwater and can only be directed to sewer
_ under the conditions of a trade waste permit.

7. Drainage from paved forecourt and areas on which a vehicle can stand while being fuelled or transferring
: petroleum products, shail be directed by appropriate surface grading into grated sumps, floor silt
— arrestors, floor basket arrestors, gutters and/or grated drains leading to underground drainage systems
dedicated only to stormwater runoff, which finally discharge into stormwater drainage systems as
approved by the local authority.

8. Uncontaminated stormwater from roofed areas and uncontaminated ground areas shall be directed away

 

from petroleum loading and dispensing areas. :
ue 9. Wastewater and other liquid waste shall not be discharged or released to waters.
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NOOSA COUNCIL IDAS Development Application Decision Notice : 30

11,

12. Provide a notice adjacent to the bund valve displaying the following:

13. “Bund drain valve to be kept closed and locked”

14. — Minor spills shall be. controlled by use of absorbent material such as rags, kitty litter or similar and
disposed of with industrial refuse.

15. Provide fill point to aboveground tank inside bund containment with a dry break coupling or spill tray to
prevent incidental spill during refueling.

16. Clean and maintain bund compound integrity at all times.

Solid Waste

17. All solid waste shall be removed from the premises to an approved waste facility by a licensed waste
transporter. :

General /

18. All storage of flammable and combustible liquids must be stored in compliance with Australian Standard

_ AS 1940 - 1993 “The Storage and Handling of Flammable and Combustible Liquids”. If storage limits
exceed minor storage, then an application for licence for the storage of flammable and combustible liquids
must be lodged with the local authority. -

19. Develop an inventory control system. Such inventory control measurements shall be reconciled by
comparing product and water level! measurements with dispenser metre readings and deliveries. The
reconciliation shall be conducted for each individual tank each day that product is added or removed from
the underground storage tank. The inventory control computations on any loss or gain of product shall be
included with a monthly summary of cumulative losses or gains of product.

Note: Inventory control records and reconciliation data shall be:
a) maintained and kept on site

b) kept in an acceptable manner and format

c) made available to the administering authority

d) maintained for a minimum of 5 years

20. When a loss of product or discharge is indicated by any unexplained variation greater than 0.5% in the
inventory reconciliation, the operator shall immediately notify the Administering Authority.

21. In the event of a situation creating environmental harm pertaining to a spill, leak, fire, explosion or similar,
the Administering Authority shall be notified and advised of the incident and circumstances as soon as
reasonably practicable after becoming aware of the event.

22. All mechanical and electrical leak detection equipment shall be inspected and tested annually. All
records shall be kept on site for a minimum of 5 years.

23. — Ensure tank abandonment is carried out by either removal of the tank, or filling the whole of the tank with
an inert soil material such as sand, concrete or other approved material, and the disconnection. of all
pipes from the tank as stipulated in AS 1940 and the Contaminated Land Act.

24. — Ensure all persons working on, site where petroleum products are stored shall have relevant training in
accordance with AS 1940 clause 9.3. .

25. —_ Ensure that the premise is licensed with the Local Authority under the Dangerous Goods and Safety Act

Drainage from tank and package store bunds and compounds must be manually controlled so that all
wastewater passes through treatment facilities before release to the environment. Any valve controlling
the drainage from a compound shail be located outside the bund. The vaive shail be of a type in which
the distinction between open and closed Positions is obvious and shall be closed and locked at all times
except when flow to the treatment facility is authorised by management.

2001.

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NOOSA COUNCIL IDAS Development Application Decision Notice

32

 

ea Ree Appeal Rights

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

The following is an extract from the Integrated
Planning Act (Chapter 4),

 

 

 

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(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 a
development application;

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a currency period;
(e) a deemed refusal. ’

(2) An appeal under subsection (1)(a) to (d) must °

be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
negotiated decision notice is 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.

Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day
the decision notice or negotiated decision notice is
given to the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact
assessment and code assessment, appeal rights for
submitters are available only for the part of the
application involving impact assessment.

 

* Section 3.1.6 (Preliminary approval may override local planning
instrument)

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(5): lf an application is :processed ‘under. section
6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
development that would have required public
Notification under the repealed Act.

(6) If an application involves assessment against
a concurrence agency code, appeal righis for
submitters for the application are not available
against the part of the approval that represents the
concurrence agency's response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of
a development approval for a development
application if-

(a) the development application involves impact.
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) 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.

Appeals for matters arising after approval given
(co-respofdents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal to
the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an approval.

(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed as
if it were an application under a superseded planning
scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(5) An appeal under subsection (4) may be
started at any time after the last day the decision on
the matter should have been made.

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Page 34

 

NOOSA COUNCIL IDAS Development Application Dacision Notice

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following ©

notices have been given may appeal to the court
against the decision in the notice-

(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.

(b) a notice under section 6.1.44? giving a decision to
change or cancel a condition of a development
approval.

(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
mentioned in subsection (1)(a) 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. so

Appeals against decisions to change. approval
conditions under the repealed Act

4.1.33A.(1) A person who is dissatisfied with a

decision made on an application to change the ,

conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-

(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be

_ Started within 20 business days after the day notice of

the decision is to be given to the person.

(3) An appeal under subsection (1 )(b) may be
Started at any time after the last day a decision on the
matter should have been made.

Appeals against local laws ©

4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
Permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.

(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.

ee
2 Section 6.1.44 (Conditions may be changed or cancelled by

assessment manager or concurrence agency in certain
circumstances)

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