Original source · versioned page text
2019-06-05 Special Meeting Minutes
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
MINUTES
Special Meeting
Wednesday 5 June 2019
11.00am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 15 sections
Section 2
SPECIAL MEETING MINUTES 5 JUNE 2019
PURPOSE OF MEETING
The purpose of the Special Meeting was to consider:
1. MCU18/0204 Development Application for a Material Change Of Use for Entertainment and
Dining Business Type 1- Food and Beverage and Retail Business Type 2 Shop and Salon
at 6 Heron Street, Peregian Beach
2. Planning & Environment Court Appeal 4066 of 2017 – 215 David Low Way, Peregian Beach
– Proposed Settlement Conditions
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor J Jurisevic
Councillor F Pardon
EXECUTIVE
M Shave, Acting Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development
APOLOGIES
Councillor I Jackson
Councillor B Stockwell
Councillor F Wilkie, Deputy Mayor
The meeting commenced at 11.00am.
2 REPORTS
1. MCU18/0204 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR ENTERTAINMENT AND DINING BUSINESS TYPE 1- FOOD AND BEVERAGE
AND RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 6 HERON STREET
PEREGIAN BEACH
Document i nformati on
Council Resolution
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Coordinator Planning to the Special Meeting dated 5 June
2019 regarding application MCU18/0204 for a Development Permit for Material Change of
Use Entertainment & Dining Business - Type 1 Food & Beverage, Retail Business - Type 2
Shop & Salon and Commercial Business Type 1 - Office, situated at 6 Heron Street Peregian
Beach and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Overall and Specific Outcomes of
the Eastern Beaches Locality Code as the development is not compatible with
the preferred built form outcomes as:
Page 2 of 16
Section 3
SPECIAL MEETING MINUTES 5 JUNE 2019
i. The proposed building height exceeds 8.0 metres and 2 storeys and is not
consistent with structures on adjoining and surrounding land nor
responsive to the informal beachside character of the locality;
ii. The development presents as a 3 story building and does not contribute to
an informal village-like atmosphere that engenders a ‘sense of space’ and
public focus for local community interaction and activity;
iii. The proposed development will visually dominate the street, adjacent
properties, surrounding spaces and the existing skyline;
iv. The proposed development exceeds the allowable plot ratio and results in
a building which presents an appearance of excessive bulk to adjacent
properties, roads and other areas in vicinity of the site.
v. The proposed development does not present subtle changes in colours,
textures and materials to break up the building facades.
2. The development is contrary to the Driveways and Carparking Code as the
proposal does not provide any car parking on site and the car parking demand is
likely to exceed the car parking demand generated by the previous use of the
site for a grocery store.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Document i nformati on
2 PLANNING & ENVIRONMENT COURT APPEAL 4066 OF 2017 – 215 DAVID LOW WAY,
PEREGIAN BEACH – PROPOSED SETTLEMENT CONDITIONS
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Manager, Development Assessment to the Special
Council Meeting dated 5 June 2019 regarding Planning & Environment Court appeal 4066
of 2017 and agree to settle the appeal generally in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following
table:
Plan No. Rev. Plan / Document Name Date
16003 SD-02 4 18082 Location/Site Plan prepared by Red Door 16 April 2019
Architecture
16003 SD-03 4 18082 Site/Rufous Street Overlay prepared by 16 April 2019
Red Door Architecture
16003 SD-04 4 18082 Site/Floor Plan prepared by Red Door 16 April 2019
Architecture
16003 SD-05 4 18082 Site/First Floor Plan prepared by Red 16 April 2019
Door Architecture
16003 SD-06 4 18082 Site/Roof Plan prepared by Red Door 16 April 2019
Architecture
Page 3 of 16
Section 4
SPECIAL MEETING MINUTES 5 JUNE 2019
Plan No. Rev. Plan / Document Name Date
16003 SD-07 4G 18082 Site/Unit Building Roof Plan prepared by 16 April 2019
Red Door Architecture
16003 SD-08 G Kamala Plans prepared by Sprout Architects 24 May 2018
16003 SD-09 G Kamala Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-10 G Marram Plans prepared by Sprout Architects 24 May 2018
16003 SD-11 G Marram Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-12 G Saltbush House Plans prepared by Sprout 24 May 2018
Architects
16003 SD-13 G Saltbush House Plans prepared by Sprout 24 May 2018
Architects
16003 SD-14 G Saltbush House Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-15 G Saltbush House Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-16 G Lily House Plans prepared by Sprout Architects 24 May 2018
16003 SD-17 G Lily House Plans prepared by Sprout Architects 24 May 2018
16003 SD-18 G Lily House Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-19 G Wallum House Plans prepared by Sprout 24 May 2018
Architects
16003 SD-20 G Wallum House Elevations prepared by Sprout 24 May 2018
Architects
16003 SD-21 5 18082 Floor Plans prepared by Red Door 16 April 2019
Architecture
16003 SD-22 5 18082 Floor Plans prepared by Red Door 16 April 2019
Architecture
16003 SD-23 5 18082 Elevations prepared by Red Door 16 April 2019
Architecture
16003 SD-29 4 18082 Staging Plan prepared by Red Door 16 April 2019
Architecture
1108-155C-01-02 C Simmonds & Bristow Drawing 13 January 2012
Figure SW-1
The approved plans may be further amended by the conditions herein.
Staging of Development
The development may be staged in accordance with the approved staging plan. The
first stage must include the following:
a. All required bushfire management measures
b. All required acoustic fencing and screening
c. A 2m wide concrete pedestrian pathway between the motel building and the
adjacent IGA shopping centre
Nature and Extent of Approved Use
3. The approval is for 19 x 3+ bedrooms Visitor accommodation Type 4 dwelling units, 1
x manager’s unit and a Visitor accommodation Type 4 motel building which contains
10 x 2 bedrooms dwelling units and 22 x 1 bedroom accommodation units.
4. The manager’s unit is for permanent occupation by the manager of the approved Visitor
accommodation Type 4 dwelling units.
5. The approved units must be used for short term visitors only. The approved units must
not be occupied by persons for continuous occupation in excess of 90 days for each
calendar year. A register of occupation must be kept by the body corporate and made
available to Council upon request. The requirements of this condition must be included
Page 4 of 16
Section 5
SPECIAL MEETING MINUTES 5 JUNE 2019
in the Community Management Statement for anybody corporate for the subject site.
If the development is to be staged the motel must be built in the first stage.
6. Non-residential uses on the premises must not operate outside the hours of:
a. 7am to 10pm Monday to Thursday
b. 7am to 11pm Friday and Saturday
c. 9am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
7. Service vehicle movements associated with non-residential uses on the premises
(including loading and unloading) must not occur outside the hours of 7am to 6pm
Monday to Saturday and not at all on Sundays or public holidays. The requirements of
this condition must be included in the Community Management Statement for any body
corporate for the subject site.
Building Height
8. The maximum height of the 19 Visitor accommodation Type 4 dwelling units and the
managers unit must not exceed 8 metres above the finished ground level and the
natural ground level, other than in respect of dwelling units 1, 8 and 9 which have a
maximum height as follows:
8.1. Dwelling Unit 1: 9.056m above natural ground level
8.2. Dwelling Unit 8: 8.602m above natural ground level
8.3. Dwelling Unit 9: 9,106m above natural ground level
9. The height of the Visitor accommodation Type 4 motel building must be in accordance
with the approved plans.
10. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Building Appearance
11. All air conditioning units or other mechanical equipment must be located at ground
level, or otherwise fully enclosed or screened such that they are not visible from the
street frontages nor adjoining properties.
12. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice.
13. All buildings shall be finished in natural, muted tones and include a mix of materials as
depicted on the Approved Plans.
14. Any advertising sign or device is to comply with Council’s policies on advertising.
Access and Driveways
15. A sealed access must be provided from Sandpiper Court to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. improvements to the existing access to Sandpiper Court. The improvements
must be sufficient to cater for the existing commercial use and the additional
traffic and vehicle types (passenger, service, refuse and emergency services)
generated by the proposed development
b. internal access roads that are generally in accordance with the approved plans
Page 5 of 16
Section 6
SPECIAL MEETING MINUTES 5 JUNE 2019
c. driveways to each residence that are in accordance with Council’s Standard
Drawings RS-049, RS-050 and any associated addendums
d. a driveway to the multi-unit building that is in accordance with Council’s Standard
Drawing RS-051 and any associated addendums
e. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance safety. Warning signage must be
provided near the exit from the development site to warn motorists of pedestrian
movements and other vehicles at the Sandpiper Court entrance
f. clearly visible signage must be erected at the threshold of the internal road, which
clearly indicates to motorists and pedestrians that they are entering a private road
system
16. If the development is to be staged a temporary sealed turnaround facility must be
constructed at the end of each road left temporarily incomplete as a result of the
development staging. The temporary turnaround facility must be in accordance with an
Operational Works approval and must be of sufficient size to accommodate the 3-point
turn manoeuvre of a refuse collection vehicle.
Car Parking
17. Car parking spaces must be provided in accordance with the approved plans and
marked on the site and made available and accessible at all times while the use is
operating. The works must be undertaken in accordance with an Operational Works
approval.
Service Vehicles
18. Service vehicle parking, manoeuvring and standing spaces must be provided for the
Visitor accommodation Type 4 motel building on the site in accordance with the
approved plans. The works must be undertaken in accordance with an Operational
Works approval.
Pedestrian Facilities
19. Pedestrian facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. the internal pathway network generally in accordance with the approved plans;
b. a 2m wide pathway connection to the existing pathway network located in the
reserve to the north of the site;
c. a 2m wide pathway connection to the existing commercial development in the
southern part of the subject site.
Stormwater Drainage
20. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval.
21. A Stormwater Management Plan must be submitted for approval as part of an
Operational Works application. The plan must address the management of stormwater
quantity and quality and must be generally in accordance with the Stormwater
Management Plan (SLR, 23 March 2018) being exhibit 64 in appeal 4066 of 2017 with
the following specific modifications.
a. The development shall include a 3kL tank to be provided to collect and reuse roof
runoff from each unit, and a 200kL tank must be provided to collect and reuse
runoff from the motel.
Page 6 of 16
Section 7
SPECIAL MEETING MINUTES 5 JUNE 2019
b. The detention tanks must be sized to ensure no increase in peak discharge from
the site for all events from 63%AEP to 1% AEP inclusive.
c. The first application for Operational works for the development must include a
Music Model prepared in accordance with the Water by Design Music Modelling
Guidelines, and which demonstrates that the development layout proposed in the
Operational Works application will achieve the State Planning Policy Water
Quality Objectives of 80% Reduction in Total Suspended Solids, 60% Reduction
in total Phosphorous, and 45% reduction in Total Nitrogen. The results of the
MUSIC modelling must also demonstrate that the developed site will discharge
less annual loads of Total Nitrogen, Phosphorous and Total Suspended Soils
respectively compared to the pre-development scenario.
d. The pervious percentage of the development must be consistent with the
pervious percentage derived from attached Simmonds & Bristow Drawing 1108-
155C-01-02 Rev C (13 January 2012). RPEQ certification must be submitted to
Council that states the pervious percentage of the final development is consistent
with that derived from the Simmonds & Bristow Drawing.
e. The configuration of the stormwater quantity and quality components of the
stormwater management system must be generally in accordance with Figure
SW-1 (attached) unless otherwise agreed by Council.
f. The bioretention system must be formed with batters and not walls and include
a minimum width of 5 metres.
g. Unless directed otherwise by Council, the detention tank will be covered.
h. The plan shall include detailed information in relation to the following aspects of
the design of the bio-retention system:
i. calculations of underdrainage requirements for the bio-retention system;
ii. filter media composition requirements;
iii. a schedule which details how the construction, establishment, certification
and various inspections associated with each treatment measure relate to
other civil works;
iv. Where bioretention basins are used for stormwater quality treatment, the
design must be consistent with all aspects of the Water by Design (2014)
Bioretention Technical Design Guidelines Version 1.1) Healthy Waterways
Ltd Brisbane, including for free draining outlets to and from the bioretention
basins, and include completed copies of the design check and
summary contained within that document to confirm free draining outlets,
within reasonable construction tolerance capabilities are achieved; and
v. presentation of groundwater testing results which demonstrate that all parts
of the treatment measures are located above seasonal high groundwater
levels.
A copy of the detailed civil drawings for the bio-retention system must be included
as an appendix to the plan.
i. The plan must include a comprehensive Maintenance Plan for the detention tank
and the bioretention system including the frequency of cleanout, methods of
cleanout, and general maintenance. The plan will include the requirement for
regular inspections and the keeping of records (to be maintained and made
available to Council upon request). The plan is also to stipulate that all necessary
improvements are required to be made immediately upon awareness of any
deficiencies in the treatment measure/s. The detention tank is to be capped and
trafficable.
Page 7 of 16
Section 8
SPECIAL MEETING MINUTES 5 JUNE 2019
j. The plan shall include details the costs of maintenance (including periodic
replacement of filter media) over the life of the asset.
22. The Maintenance Plan (including costing) must be included in any Community
Management Statement for the site.
23. The Body Corporate for the site must enter into a contract with a suitably qualified
contractor(s) for the maintenance of the stormwater quantity and quality devices and
provide evidence of both the contract and execution of the contract upon request by
Council.
24. Prior to the commencement of use, certification is to be submitted to Council from a
suitably qualified stormwater quality specialist to verify that the bioretention works have
been constructed generally in accordance with the approved civil works plans,
conditions of approval and relevant sections of the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (SEQ Healthy Waterways
Partnership). Council approval of the constructed stormwater management system is
required prior to commencement of use.
25. Certification is required to include all relevant items noted in Construction and
Establishment Guidelines: Swales, Bioretention Systems and Wetlands (SEQ Healthy
Waterways Partnership) including completed and signed forms.
Acid Sulfate Soils
26. The application for operation works must include an Acid Sulfate Soil and Groundwater
Management Plan for the development prepared by a suitably qualified person and in
accordance with relevant State Government Policy and Guidance material to prevent
any impact to the receiving environment as a result of development within actual or
potential acid sulfate soils, and associated groundwater impacts. Detail design plans
provided with the application for operation works approval must demonstrate how the
bedding surrounding underground pipework will be managed to prevent continual
dewatering of groundwaters along it to the receiving environment, and how any impacts
to groundwater from proposed filling on potential or actual acid sulfate soils will be
managed.
Easements
27. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
28. All easements for public or third party infrastructure must be in accordance with the
planning scheme and granted at no cost to the Grantee. Where the Grantee is Council
or a service authority, the easement documentation must be in accordance with the
Grantee’s standard easement terms. Draft easement documentation must be
submitted to Council for endorsement.
29. All works must be kept clear of any existing or proposed easements for public or third
party infrastructure on the subject land, unless agreed otherwise in writing by the
Grantee.
Earthworks and Retaining Walls
30. All earthworks and associated retaining structures/batters must be undertaken in
accordance with an Operational Works approval, and contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council.
31. Earthworks carried out on site must not affect the structural integrity of any of the
existing buildings and/or services and/or structures and/or lands that border the
development site.
Page 8 of 16
Section 9
SPECIAL MEETING MINUTES 5 JUNE 2019
Damage to Services and Assets
32. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Outdoor Lighting
33. Any outdoor lighting with the potential to affect surrounding residential premises shall
be designed, installed, operated and maintained in accordance with AS4282 “The
Control of the Obtrusive effects of Outdoor Lighting”.
Fencing and Walls
34. Any street fencing to David Low way or Sandpiper Court must be set back an average
of 1 metre from the front property boundary. Any fencing on the front boundary must
either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
Street Identification
35. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Clothes Drying Areas
36. Each dwelling unit in Stage 2 must be provided with access to an outdoor clothes line
which is screened from public view.
Performance Bond
37. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
for stage 1 and $50,000 for stage 2 must be submitted to Council, to secure
performance of all conditions of this approval, prior to the issue of a Development
Permit for Operational Works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Community Management Statement
38. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
Sunset Clause for Completion of Approved Development
39. Pursuant to s88(1) of the Planning Act 2016, the aspects of this development approval
which have not been completed within 8 years of the date the development approval
takes effect, lapse.
Fauna Management
40. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan (or part thereof) prepared by a qualified person* and endorsed
through an Operational Works approval and include the following items:
Page 9 of 16
Section 10
SPECIAL MEETING MINUTES 5 JUNE 2019
40.1. The Fauna Management Plan must address and demonstrate compliance with
the requirements of Schedule 11 Part 2 Section 7 of the Planning Regulation
2017.
40.2. Identify all koala habitat trees on plan
Landscaping Works
41. The development site must be landscaped in accordance with a Council endorsed
landscape package prepared by a qualified person*. The works must be undertaken in
accordance with an Operational Works approval, Planning Scheme Policy 3
Landscape Plants and Guidelines and must include in particular:
41.1. Clear integration of the Bushfire requirements for the site, including landscaping
treatment to the western 20m building setback area using low threat vegetation.
41.2. Landscaping adjacent to the northern boundary of the subject land within the
Rufus Street reserve and Rufous laneway to provide a visual buffer to the
development.
41.3. 3m wide landscaping in the northern building setback area from Rufous Street
and Rufous Lane to the dwelling units such landscaping to comprise a
combination of lawn and vegetation to facilitate a usable “backyard” space.
41.4. Landscaping to the Rufous Street pedestrian link between dwelling units 13 and
14.
41.5. Landscaping to the eastern boundary adjacent the adjoining hotel boundary
41.6. Landscaping to the Visitor accommodation Type 4 motel building and all other
Visitor accommodation Type 4 dwelling units.
41.7. Landscaping to the park areas in the north east and north west portions of the
site.
41.8. Details of water quality treatment device plantings.
41.9. Details of the landscaping treatment to the western portion of the site between
the road and the reserve.
41.10. Details of any fencing and gates, including acoustic fencing, the fencing to the
shopping centre and the Rufous Street and Rufous Lane and any fencing to the
western reserve.
41.11. Details of protection methods to be engaged to protect trees located on the
northern and southern boundaries.
41.12. the western boundary of the IGA supermarket development, within that
development site.
41.13. Native trees of a minimum bag size of 100L to replace existing trees to be
removed from the site, at the rate of 1 replacement tree for every tree removed
that has a diameter greater than 200mm measured at 1.2 metres from ground
surface level.
42. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
43. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Bushfire
44. All works must be carried out in accordance with a Bushfire Management Plan
Page 10 of 16
Section 11
SPECIAL MEETING MINUTES 5 JUNE 2019
prepared by a qualified person* and endorsed through an Operational Works approval
which includes:
44.1. Details in accordance with the Final Negotiated Agreement for Bushfire, dated
18 October 2018, for Appeal 4066 of 2017 including:
i. Amended drawings demonstrating functional bitumen or concrete one-way
4.0 metre wide access for motor vehicles between the western boundary
of the IGA site and the eastern landscape edge of the Visitor
accommodation Type 4 motel building to Sandpiper Court generally in
accordance with Annexure A to the agreement.
ii. Motel Emergency and Evacuation Plan including a Bushfire Preparedness
Manual prepared for the annual use of the Body Corporate. This manual
must include an evacuation plan that has a training schedule when any fire
season reaches “extreme” and a requirement that in the event of a bushfire
the motel carpark will be locked preventing guests evacuating by vehicle.
iii. Landholder Information Kit for residential dwellings, which detail landscape
treatments, safe egress routes and general bushfire safety
44.2. Pedestrian emergency access out to the north.
44.3. Provision of 4 Fire hydrants will be provided along the western access edge.
These must have both urban and rural fittings suitable for Fire Brigades.
44.4. Provision of information regarding the functionality of the Bushfire Management
Plan, if the development is staged.
45. A copy of the Bushfire Management Plan for the development must be provided to the
nearest fire authority.
46. Certification must be submitted to Council from a qualified person* prior to
commencement of the use which certifies that the development has been constructed
in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
Environmental Management Plan
47. An Environmental Management Plan (EMP) for the Site shall be prepared and
implemented by persons holding appropriate environmental qualifications and proven
expertise in the preparation and implementation of EMPs, to ensure that the impact on
the environment of the construction and operation of the Development is minimised,
the Environmental Values of the Site are protected and enhanced and the
Development is ecologically sustainable.
48. The EMP shall be cognisant of the following:-
48.1. The EMP shall demonstrate a high level of environmental care and responsibility
and be consistent with best practice for developments of this type in similar
environments.
48.2. The EMP shall detail the Developer’s environmental policy and the proposed
environmental management system for the Site.
48.3. The EMP shall specify:
i. the performance targets, including those derived from the Conditions and
other requirements arising from legislation and other approvals;
ii. how the performance targets are to be achieved;
iii. who is responsible;
iv. when the performance targets will be satisfied;
v. how performance will be monitored;
Page 11 of 16
Section 12
SPECIAL MEETING MINUTES 5 JUNE 2019
vi. corrective actions and contingency measures;
vii. reporting arrangements;
viii. auditing arrangements;
ix. how the requirements are to be incorporated into construction and works
contracts;
x. how the Developer’s employees, contractors and the contractor’s
employees will be informed and trained with respect to the environmental
protection requirements; and
xi. enforcement and penalties for non-compliance.
48.4. In particular, but without limitation, the EMP shall address the following issues in
relation to the construction phase:
i. legislative compliance;
ii. soil erosion and sediment control;
iii. vegetation protection;
iv. fauna and fauna habitat protection;
v. weed and pest control;
vi. water quality protection;
vii. ground water protection;
viii. air quality protection;
ix. storage and handling of hazardous substances;
x. noise and vibration management;
xi. waste management;
xii. cultural heritage management;
xiii. visual amenity protection;
48.5. In particular, but without limitation, the EMP shall address the following issues in
relation to the operational phase:
i. legislative compliance;
ii. water conservation;
iii. water quality protection;
iv. maintenance of Stormwater Quality Improvement Devices
v. vegetation protection;
vi. fauna protection;
vii. bushfire control;
viii. weed and pest control;
ix. biting insects management
x. waste management.
49. The EMP shall be submitted to Council prior to or in conjunction with the lodgement of
any development applications for Operational Works for the Site. Operational Works
approval shall not be granted until the EMP is approved by the Manager Development
Assessment. The Developer shall comply with the requirements of the EMP.
Building Demolition/Removal/Relocation
50. Where the development involves the removal, relocation or demolition of a building, a
Waste Management Plan (construction and demolition) shall be submitted and
approved by Council’s Environmental Health Officer prior to issue of a development
permit for operational works for demolition, removal or relocation of any building other
than a shed.
Page 12 of 16
Section 13
SPECIAL MEETING MINUTES 5 JUNE 2019
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Segregated wastes attract
significantly reduced disposal fees at the landfill with some items free. Higher gate
fees are charged for mixed waste.
Waste Management Plans (construction and demolition) are required to be submitted
in accordance with Planning Scheme Policy 11, Waste Management Plans.
Waste storage areas are to provide for adequate separation of all reusable, recyclable
and waste materials. These shall be located so that they are convenient and safe to
use.
The Plan shall contain the following information:
a. The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application
b. A waste management table as indicated below is to be completed showing how
waste material is to be segregated - recycled – reused or disposed.
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Estimated On-site Off-site *specify
waste volume(m³) *specify proposed *specify contractor contractor and
materials re-use or on-site and recycling outlet landfill site or
recycling methods other disposal site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals -
please specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.
Waste Storage
51. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably screened
from public places and neighbouring properties.
52. A bin wash area is required with a cold-water tap, hose and drain outlet connected to
sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry
to the sewerage system which can be achieved by a bunded area, with a nib wall height
of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max
0.7m²). Alternatively, the waste area can be roofed, or any other appropriate design
approved by Council.
Noise
53. Upgraded building envelope constructions and the provision of mechanical
ventilation/air conditioning which achieves the ventilation requirements of the Building
Code of Australia, in accordance with the Second Joint Report of Experts in Noise (30
May 2018) for Planning and Environment Court Appeal 4066 of 2017, including:
Page 13 of 16
Section 14
SPECIAL MEETING MINUTES 5 JUNE 2019
i. the facades of the Visitor accommodation Type 4 motel building facing towards
the IGA building and IGA carparking area;
ii. the facades of the Visitor accommodation Type 4 dwelling units facing towards
the IGA building; and
iii. the facades of the Visitor accommodation Type 4 dwelling units facing towards
the hotel building, drive-through access road and drive-through bottleshop, and
carparking areas.
54. Prior to the commencement of use written certification is required from a suitably
qualified person confirming that upgrades to the building facades and provision of
mechanical ventilation/air conditioning comply with the recommendations of the
Second Joint Report of Experts in Noise (30 May 2018) for Planning and Environment
Court Appeal 4066 of 2017.
55. Prior to the commencement of any use or sealing of Plan of Survey, whichever occurs
first, an acoustic screen must be constructed around the IGA rooftop mechanical plant
to a height of 3.0 metres above the roof level plant deck, as shown on Figure 4 and
described in Section 4.6 of the Second Joint Report of Experts in Noise (30 May 2018)
for Planning and Environment Court Appeal 4066 of 2017.
56. Prior to the commencement of use of the Visitor accommodation Type 4 dwelling units
an acoustic barrier along the common boundary of the development site with the
Peregian Beach Hotel must be constructed. The barrier shall be constructed of
materials to achieve a minimum surface density 12.5 kg/m2 and a height 2.5 metres
above the hotel pavement level along the boundary of the site and adjacent to the hotel
drive-through lane and carparking areas, as shown on Figure 4 and described in
Section 4.8 of the Second Joint Report of Experts in Noise (30 May 2018) for Planning
and Environment Court Appeal 4066 of 2017.
57. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment within the development site
comply with the following when measured at the façade of any habitable room or formal
outdoor area of the Visitor accommodation Type 4 motel building or the Visitor
accommodation Type 4 dwelling units. Noise levels to be measured as LAeq adj 15min
where adjustments refer to tonality or impulsivity, in accordance with the most recent
edition of the Queensland Noise Measurement Manual:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
The certification must be submitted to Council prior to commencement of the use,
which certifies that operational noise from any fixed plant and equipment complies with
the requirements of this Decision Notice.
58. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment from the existing IGA
shopping centre comply with the following when measured at the boundary of the newly
created lot. Noise levels to be measured as LAeq adj 15min where adjustments refer
to tonality or impulsivity, in accordance with the most recent edition of the Queensland
Noise Measurement Manual:
Page 14 of 16
Section 15
SPECIAL MEETING MINUTES 5 JUNE 2019
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise
from any fixed plant and equipment complies with the requirements of this Decision
Notice. The certification must be provided prior to sealing of the plan of survey or
commencement of use of the Visitor accommodation Type 4 motel building, whichever
occurs first.
59. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to investigate
any non-vexatious complaint caused by noise emissions from operations at the
premises. Such monitoring must be undertaken and completed within a reasonable
and practicable timeframe as nominated by council and be performed by a suitably
qualified and experienced person.
60. The NIAR is to be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with noise emission limits
set out in Conditions 57 and 58
RECONFIGURATION OF A LOT
Approved Plans
61. Development undertaken in accordance with this approval must generally comply with
the approved plan listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
7254 prop sub C Proposed Subdivision Plan 28 February 2019
62. An underground connection to reticulated water and sewerage must be provided to
each lot in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
63. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to each lot.
64. Prior to sealing of the plan of survey the following works must be completed to the
reasonable satisfaction of Council:
a. The required noise attenuation works to the existing IGA building.
b. All driveway accesses to each lot.
c. All pedestrian pathways.
65. Any future subdivision of the Visitor accommodation – Type 4 development within
Stage 2 on the approved plans must be a community title scheme building format plan
with:
a. the twenty (20) separate lots in the format plan being defined by the footprint of
each dwelling unit building;
b. the balance area of that part of the subject land being included in relevant
common property; and
Page 15 of 16
Section 16
SPECIAL MEETING MINUTES 5 JUNE 2019
c. the curtilage of each of the particular dwelling units being allocated to that
dwelling unit as exclusive use area.
Easements
66. Easement for the purposes of:
i. All stormwater quality treatment devices;
ii. Bushfire access;
iii. Pedestrian access from the motel (lot 2) to connect to the IGA Shopping Centre
through lot 3; and
iv. Driveway vehicle access to each lot,
must be registered against the titles of the properties in favour of the relevant authority
and/or property over the land area on the subject site .
67. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
68. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard
easement terms. Draft easement documentation must be submitted to Council for
endorsement.
Electricity and Telecommunication Services
69. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
70. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
71. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
3 MEETING CLOSURE
The meeting closed at 11.21am.
Page 16 of 16