Council archive · source document
160105 NSC Change to MCU Approval 111016 · MCU13/0251
Attached to the e-mail Request for change to approval MCU13/0251.03.
Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: MCU13/025.01
Your Reference: N/A
11 October 2016
Thomco No 2087 Pty Ltd
C/- Scanlon Property Group
PO Box 54
PEREGIAN BEACH QLD 4573
[email protected]
Dear Sir/Madam
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On
10 October 2016, Council decided your requested changes.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU13/0251
Street Address: 215 David Low Way PEREGIAN BEACH QLD 4573
Real Property Description: Lot 77 SP 231615
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
Council on 29 May 2014 decided to issue the following type of approval:
• Development Permit for Material Change of Use - Retail business Type 2 - Shop,
Entertainment & dining business - Type 1 Food & beverages, Commercial Type 1 Office
In relation to the request to make a change to the existing approval, Council on
10 October 2016 decided to:
A. Agree to Change Condition 4.
1 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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2 ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed below, unless otherwise amended by the conditions of
approval.
Plan Rev. Plan Name Date
No. Submitted
DA-03 2 Site Plan, prepared by Red Door Architecture 27/03/2014
DA-04 2 Ground Floor Plan, prepared by Red Door 27/03/2014
Architecture
DA-05 2 Elevations, prepared by Red Door Architecture 27/03/2014
DA-06 2 Elevations, prepared by Red Door Architecture 27/03/2014
DA-07 2 Sections, prepared by Red Door Architecture 27/03/2014
DA-08 2 Diagrammatic Perspectives, prepared by Red Door 27/03/2014
Architecture
DA-09 2 Perspectives, prepared by Red Door Architecture 27/03/2014
DA-10 2 Perspectives, prepared by Red Door Architecture 27/03/2014
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
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.
Business Uses
4. The Retail Business Type 2 – Shop, and Entertainment & Dining Business – Type 1
Food & Beverage must not operate outside the hours of 6am to 9pm. Any restaurant
uses must not operate outside the hours of Sunday to Thursday 7am to 10pm, and
Friday and Saturday 7am to 12 midnight.
5. Service delivery vehicles must not conduct deliveries outside the hours of 6am and 9pm.
6. The tenancies are to have a minimum of 50% transparent glazing fronting the internal
carpark.
Advertising Signage
7. Any advertising sign or device is to comply with Council's policies on advertising,
alternatively, an application for Operational Works (Signage) is required for any signage
in excess of this requirement. The proposed advertising signage on the plans listed
within the decision notice is not approved.
Design
8. The development must be finished in muted tones which blend in with the natural
surrounds. The buildings must be finished with the mix of materials and details identified
within the approved plans.
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Community Management Statement
9. 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. All clauses and by-laws
of the proposed Community Management Statement must accord with the requirements
of this Decision Notice.
Fire Management
10. The development must be carried out in accordance with the recommendations of a
Bushfire Management Plan prepared by a suitably qualified person and an approval for
Operational Works.
11. Certification must be submitted from a suitably qualified person which certifies that the
recommendations of a Bushfire Management Plan approved by Council have been
incorporated into the development.
12. A copy of the Bushfire Management Plan approved by Council must be provided to the
nearest fire, ambulance and police station.
Koala Management
13. The development shall be carried out in accordance with the management measures
recommended in the Koala Habitat Management Report Solutions Report dated June
2010.
Bicycle Parking & End of Trip Facilities
14. Secure bicycle racks shall be provided on site to accommodate a minimum of 18
bicycles. The cycle parking rack is to be made available for customers and staff at all
times during business hours.
15. End of trip facilities shall be provided for staff and shall include a minimum of 4 lockers
and a minimum of 1 shower cubicle.
Acoustic Report
16. An acoustic report prepared by a suitably qualified person is to be submitted and
approved by council prior to the issue of the Decision Notice for Operational Works. The
acoustic report is to address all potential noise sources from the proposed development
and demonstrate that –
• mechanical equipment such as ventilation, air conditioning, refrigeration, fans,
plant rooms, refuse compactors and pumps etc. and
• vehicle movements from waste collection activities and delivery of goods
(including refrigerated vehicles, engine noise, fork lifts, compactors etc.) to the
service yard and dock area
will not cause an environmental nuisance to the future residential uses on the
balance of the site and the existing nearest residential areas when measured at
either the residential boundary or outside the most exposed part of an affected
building, whichever is the closest to the equipment. Noise emissions are to
comply with the noise requirements under the Environmental Protection Act 1994.
17. The acoustic report shall include the location of any plant and associated equipment,
predicted noise levels and a description of acoustic enclosures and screenings including
an acoustic screen along the western boundary to mitigate intrusive noise from delivery
and waste vehicles and associated activities.
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18. Certification must be submitted from a suitably qualified person which certifies that the
recommendations of a Noise Management Plan approved by Council have been
incorporated into the development.
Waste Management Plan
19. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy
No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”,
for the day-to-day operation of the development is to be submitted and approved by
council prior to the issue of a Development Permit for Operational Works. The Plan
should include the following information as a minimum:
• The types of waste that will be generated from the activities approved within the
development.
• Estimated volumes or tonnage of both recyclables and waste generated.
• Methods to be used for dealing with any green waste.
• Initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling.
• Description of procedures for getting all waste to the bins; the storage of bins and
the collection of bins by the contractor.
• A description of the design details of waste storage and recycling areas including
size, location, elevation, enclosure/s, floor plan and methods of bin washing that
prevent contamination of storm water and an appropriately sized bin wash area
drained to sewer.
• A description of types and volume of waste storage containers to be used.
• The waste and recycling storage area should include the provision of correctly
sized containers for all waste and recycling materials including putrescible matter,
non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil,
styrofoam boxes, etc., and bin washing facilities connected to sewer.
• A detailed description of the waste vehicle access to collect waste including
vehicle turnarounds consistent with vehicle access requirements that allow
vehicles to enter and leave the site in a forward direction. It should be noted that:
o Waste vehicles are front loading for steel bins 1.5 to 3m3 bins
o Waste vehicles are rear loading for plastic low noise bins 1.1m3 bins
o Waste vehicles are side loading for 240 litre wheelie bins
o The advisory notes contain specifications for Refuse Vehicle Access
Requirements for design purposes
Outdoor Lighting
20. 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".
21. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts and public toilets must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting
Code”. Lighting must be designed to reduce the contrast between shadows and well lit
areas.
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Unitywater
22. Construction activities must not impede the access of Unitywater or Fire Brigade
personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
23. The fire-fighting demand on Unitywater’s water supply system from the development
must not exceed 30 litres per second.
24. A single Unitywater installed primary water meter must be provided immediately inside
the property boundary. Additional water meters must be installed for each title of a
community title or sub-lease scheme. Meters must be Unitywater approved, installed in
accordance with Unitywater requirements and remain accessible at all times for reading
and maintenance purposes.
25. Water meters must be located on alternative boundaries to electrical pillars.
26. The existing Unitywater sewer infrastructure must be relocated clear of the proposed
building works prior to commencement of excavation on site.
27. Written approval to enter and construct must be provided from property owners through
which external sewers or relocated sewers traverse. This must be submitted with
lodgment of the associated development application for Operational Works.
28. Easements of between 3 and 10 metres must be provided over all Unitywater sewers
located within property boundaries in accordance with the SEQ standards. Easements
shall be centred over the pipe. Easement terms shall be the most current registered
dealing held by the Department of Natural Resources & Mines and shall not be altered
or amended.
29. Buildings, basements and other structures must maintain a minimum clearance of 1.5
metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber or
sewer inspection opening. Any proposed or existing retaining wall crossing Unitywater
sewer mains must be self supporting for a minimum of 1.0 metre each side of the sewer
pipe and piered below the zone of influence of the sewer.
30. Storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
31. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping
plants within these clearances must be low growing when mature, and suitable approved
varieties.
32. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Landscaping
33. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, Planning Scheme Policy 3
Landscaping Plants and Guidelines and must include in particular:
(a) The works generally shown on the Approved Plans unless amended by these
conditions
(b) A minimum 3.5m wide landscaped area on the David Low Way frontage within the
site boundary, extending from the bus-stop to the intersection with the unnamed
road, with at least 2.5m of the landscaped area at road level
(c) The transformer is not to be located within the landscape setback areas
(d) A minimum 2m wide landscaped area on the unnamed road frontage within the
site boundary with at least 1.2m of the landscaped area at road level
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(e) a densely landscaped strip along the David Low Way and the unnamed road
frontage of the subject site, exclusive of the access driveway, bus stop and
pedestrian entry, generally uncompromised by infrastructure items to provide
vegetative structural screening of the development from the David Low Way
(f) A minimum of 4 x 100L street trees to the David Low Way frontage and 4 x 100L
street trees to the unnamed road frontage shall be provided
(g) landscaping to raised planting beds along road frontages is adequately supported
by the provision of structured soils suitable for the approved planting palette
selection.
(h) All retaining structures and associated civil infrastructure are to be designed,
constructed and certified to accommodate the vegetative structural screening of
the development from the David Low Way when the trees are mature.
(i) All fencing to retaining walls tops must be of open construction and suitable for
purpose to ensure vegetative screening of the development
(j) Provide a 45L car park shade trees for every 4 car parking spaces including
structural soils to all beds
(k) Removal of all bioretention basins from front road setback areas to allow for
suitable screening vegetation
(l) Removal of the Pylon sign from the front boundary landscape setback area
(m) Landscaping trees to the David Low Way frontage must be of similar form and
type to existing landscaping to the eastern side of David Low Way
34. With any operational works application, provide details of the level spreader and
stormwater swale works outside the development area.
35. A 5 metre wide easement for access purposes must be registered against the title of the
property in favour of Council over the land area from the stub road to the park dedication
area on the subject site. The easement must be granted at no cost to Council.
Parkland Restoration and Dedication
36. An Ecological Restoration Plan for the Park shall be prepared and submitted for Council
approval prior to the commencement of use. The park areas of the site shall be
revegetated and rehabilitated in accordance with the Council approved Ecological
Restoration Plan.
37. The Ecological Restoration Plan shall be prepared by a qualified and experienced
Ecologist, to the reasonable satisfaction of the Council. The Ecological Restoration Plan
(ERP) shall be applicable to the portion of the site to be dedicated to Council as
Parkland and address environmental weed removal and control, rehabilitation of existing
vegetation communities and revegetation strategies for degraded areas of the area of
the site to be dedicated as parkland. It shall identify all the areas of the park that require
ecological restoration, specify actions and works necessary to result in robust, self-
sustaining, viable indigenous plant communities and habitat. The ERP shall aim to
revegetate the park areas with suitable native species to resemble the local endemic
ecosystem by removing all environmental weeds from the area. The ERP shall detail
continual maintenance requirements for a 1 year period (the maintenance period) to
enable the revegetation and rehabilitation works to be self-maintaining.
38. The following, inter alia, shall be addressed and included in the Ecological Restoration
Plan and specifications:
(a) specify the required works and actions for each area in terms of:
(i) site preparation (this may include thinning, grass removal, weed removal and
control, etc.);
(ii) establishment of the missing floristic and structural elements;
(iii) The area previously cleared within the proposed park area must include in
the replanting within the eastern and western edges of the proposed park
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boundary a minimum of 8 x 100L Melaleuca quinquenervia to provide
relatively instant screening of the east/west clearing path
(iv) planting and mulching procedures;
(v) watering procedures;
(vi) protection from wildfire, particularly during the establishment phase;
(vii) erosion and sediment control;
(viii) on-going maintenance;
(ix) access for maintenance;
(x) environmental safeguards; and
(xi) incorporation of the relevant requirements of all the management plans
required by this approval, particularly the Bushfire Management Plan and
Koala Management Plan.
39. A plain wire fauna-friendly fence shall be erected around the eastern interface of the
park area to be protected and restored, prior to clearing works and construction activities
commencing on site. The fauna fence will have signs attached restricting entry to
authorised persons only.
40. 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.
41. Following the restoration of the park area in accordance with the approved restoration
plan, the land required to be dedicated for park purposes, as indicated on drawing
M2358-00-03/C on council file 2010/627 shall be dedicated to the Crown (with Council
as Trustee) for parkland for environmental protection purposes pursuant to the Land Act
1994 at no cost to Council.
ENGINEERING
External Works
42. The David Low Way frontage to the subject site and the intersection of David Low Way
with the unnamed road (Road 151) at the south eastern corner of the subject site must
be upgraded. The works must be generally in accordance with drawing No. 13512-1
dated 21 March 2014 prepared by Holland Traffic Consulting and undertaken in
accordance with an Operational Works approval. The works must include in particular:
(a) construction of the required intersection islands and linemarking
(b) construction of any necessary widening on the eastern side of David Low Way
opposite the intersection, with any works restricted to a maximum incursion width
of 0.5m
(c) construction of new kerb and channeling and bus stop in the David Low Way
frontage of the site
(d) any associated underground stormwater drainage
(e) any associated realignment or relocation of existing services and lighting
(f) widening and sealing of the existing road pavement
(g) construction of any associated retaining structures
(h) construction of a shared pathway in accordance with the conditions of this
Decision Notice
(i) provision of landscaping in accordance with Council requirements
43. The existing formation of the unnamed road (Road 151) must be upgraded as required
to cater for the proposed development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
(a) repair and/or replacement of any damaged sections of kerb and channel
(b) repair and/or replacement of any substandard sections of pavement
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(c) repair and/or replace green bike land pavement treatments in accordance with
Council requirements
(d) any extension to the formation to facilitate access to the subject site
(e) relocation or extension to the existing stormwater system, services and property
accesses
(f) a 30mm asphalt overlay at the completion of the construction works
Road Widening
44. The property boundary along David Low Way must be realigned to be a minimum of
2.5m from the new kerb line of the bus stop. The affected parts of the site must be
dedicated as “Road”.
Site Access and Driveways
45. A sealed access driveway must be provided from the unnamed road (Road 151) 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) a driveway crossover in accordance with IPWEAQ standard drawing SEQ –R052
(b) suitable safety measures, including warning signage, to improve driver awareness
of pedestrians and enhance pedestrian safety. Warning signage must be provided
near the exit to warn motorists of pedestrian movement along the frontage street
(c) fencing or vegetation near the driveway must comply with the sight line
requirements as defined in AS/NZS2890.1:2004. The sight lines must be shown
on nay plans submitted for Operational Works approval.
Car Parking
46. A minimum of 85 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
(a) 13 staff parking spaces within the total, which are clearly marked for that purpose
(b) provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
(c) dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS 2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class
47. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
48. Directional signage must be provided to direct customers to the car parking spaces
provided on site.
Service Vehicles
49. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
(a) regular access for a SRV
(b) regular access for a LRV
(c) regular for a waste collection vehicle
Pedestrian and Bicycle Facilities
50. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
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(a) a 2.5 metre wide concrete shared pathway within the road verge for the entire
length of the site’s frontage to David Low Way
(b) a 2 metre wide concrete pathway within the road verge for the length of the site’s
frontage to the unnamed road (Road 151) extending from the intersection with
David Low Way to the entrance to the site
(c) reinstatement of road cycle lanes (minimum of 1.5m in width) and green pavement
treatments to delineate bike land and neatly integrate with existing bike land
treatments.
Stormwater Drainage
51. 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 and must include in particular a detailed Stormwater Management Plan
(including MUSIC modeling and reporting) for the construction and operational phases of
the development that:
(a) demonstrates that there is no net increase in stormwater runoff (volume and
frequency) from the site
(b) includes stormwater quality improvement devices that achieve the current “best
practice” water quality objectives
(c) Sediment and Erosion Control Plan during the construction phases
(d) Provision to cater for the stormwater runoff from the adjoining properties and roads
that drain through the site, including registration of drainage easements
(e) All structures including infiltration pits, level spreaders etc, located within the
developable area of the site and clear of the area to be dedicated as Park.
52. All buildings proposed on site must be constructed to comply with Council’s Minimum
Floor Height requirements at the time of issue of the Building Permit.
Electricity and Telecommunication Services
53. 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.
54. 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.
Easements
55. 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.
56. 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.
57. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
58. All fill and associated 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. All earthworks must be
undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
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59. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with
a commercial grade safety fence.
Acid Sulfate Soils
60. All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater
Management Plan for the development prepared by a qualified person and referenced in
a Development Permit for Operational Works. In this regard appropriate testing and
supporting documentation prepared by a suitably qualified specialist must be submitted
to Council for approval prior to obtaining a Development Permit for Operational Works.
Damage to Services and Assets
61. 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; and
3 REFERRAL AGENCIES
The referral agency applicable to this application is:
Referral Referral Agency and Referral Trigger Response
Status Address
Concurrence SARA at DSDIP Mike Contaminated Land The agency provided
Ahern Government (unexploded its response on 18
Building 12 First ordnance) February 2014. A copy
Avenue of the response with
MAROOCHYDORE their conditions is
QLD 4558 Online: attached.
Mydas (at
www.dsdip.qld.gov.au)
Email:[email protected]
4 ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212
6855.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice” to be
issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under
the State Planning Regulatory Provision (Adopted Charges) and the Sustainable
Planning Act 2009.
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Equitable Access and Facilities
3. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities. Your attention is also directed to the fact that
in addition to the requirements of the National Construction Code as they relate to
people with disabilities, one or more of the following may impact on the proposed
building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises – Buildings) Standards
Aboriginal Cultural Heritage Act 2003
4. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land
and Resources Tribunal, and the Minister administering the Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
obligations under the ACH Act.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will
result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) provision for worker car parking
(b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
(c) works programme identifying key components of the works and their respective
durations
(d) establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
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(f) details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense
(g) it is acknowledged that the preliminary Construction Management Plan will be a
draft document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
7. Connection to Unitywater live water mains and the Unitywater live sewer system must
be undertaken by Unitywater at the applicant’s cost.
8. A 100mm diameter AC watermain is located within the road boundary fronting the
development site in David Low Way. Construction works, heavy traffic crossing the
main, excessive vibration and excavation close to the main may cause damage to the
pipe. Extreme care is required when working close to this infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Noise Assessment/Acoustic Report
9. Assessment and certification of noise levels from mechanical equipment and vehicle
movements is to be submitted to council immediately after installation of the equipment
and prior to any occupation of the building. All equipment should be operating at the
same time to test the overall noise level created.
10. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
11. For the purpose of certifying acoustic treatments for the development, a suitably
qualified person is considered to be either:
(a) a Registered Professional Engineer of Queensland, or
(b) an environmental consultant with a minimum of 3 years current experience in the
field of acoustics.
12. For the purpose of certifying acoustic barrier construction for the development, a
qualified person is considered to be a Registered Professional Engineer of Queensland.
Food Business Approval
13. Where any food business is included in the development, the following is required:
(a) Plans and application is to be made to council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
(b) A statement indicating the purpose of the food premises, type of food sold,
proposed menu and maximum number of patrons at any time, is to accompany the
application for plan approval.
(c) Construction and use of the food premises should comply with the “Food Premises
Design Construction and Fit-Out Guide” and the Food Safety Standards.
(d) Plans and approval is required for any mechanical exhaust ventilation system,
which should comply with AS1668. A certificate from the installer certifying the
system (Form 15 & 16) complies with the Standard must be obtained and lodged
with council prior to commencement of trade.
(e) Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006,
must obtain a Food Business License from council’s Environmental Health Section
prior to use of those premises.
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Noise – Building Works
14. Noise from building works associated with commercial and or industrial development
should comply with the following –
(a) Limited to between 6:30am to 6:30pm Monday to Saturday.
(b) All reasonable measures are taken to minimise noise emissions.
(c) Not permitted on Sunday or public holidays
Environmental Protection Act
15. It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier
of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the
Environmental Protection Act 1994) is being carried out on the land, or that the land has
been affected by a hazardous contaminant, they must, within 30 days after becoming so
aware, give notice to the Department of Environment & Resource Management’s
Contaminated Land Unit.
16. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint,
cement, concrete, builder’s waste, contaminants or rubbish should not be permitted to
enter or be placed where it could reasonably be expected to move into a roadside gutter,
storm water drain or a watercourse. On the spot fines apply for such offences.
17. The development should 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, air-borne hazards, atmospheric pollutants (including dust or
odours) nuisance or any other emissions in accordance with the provisions of the
Environmental Protection Act 1994.
Outdoor Lighting Devices
18. Lighting associated with the use must be designed, sited, installed and tested to comply
with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
effects of outdoor lighting” using a control level of 1. OR 2 (where the site does not
adjoin sensitive receiving environments such as residential land or bushland park).
Refuse Vehicle Access/Waste Management Plan
19. Refuse Vehicle Access Requirements for Noosa Shire – see table attached. This
Decision Notice contains detailed conditions regarding waste management storage
areas. Council is seeking to minimise existing long term problems associated with
servicing of waste containers, specifically issues associated with bulk bins standing on
road reserves, traffic issues, and work place health and safety considerations for the
cleansing contractor.
20. Refuse Vehicle Access Requirements for Noosa Shire:
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5 PROPERTY NOTES
Not Applicable
6 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
7 FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Operational Works.
• Development Permit for Building Works.
8 SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval
issued under this Decision Notice must be complied with.
• Advertising Devices Code
9 SUBMISSIONS
There were 37 properly made submissions about the application. In accordance with
Sustainable Planning Act 2009, the name and address of the principal submitter for each
properly made submission is provided and attached.
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10 REASONS/GROUNDS FOR APPROVAL
1 The proposal provides for a supermarket which will satisfy the top-up and convenience
shopping needs of residents and visitors of the locality, and is not otherwise able to be
accommodated within the existing Neighbourhood Centre.
2 The development is located directly opposite the Peregian Beach village and is likely to
complement and contribute to the village as the focal point for the community.
3 The site has a current development approval which includes a significant retail
commercial component and is located between 2 existing commercial uses.
4 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a “negotiated decision
notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step
will defer your appeal period, which will commence again from the start the day after you
receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and
approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal
period” of the Sustainable Planning Act 2009.)
5 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available
on line at www.noosa.qld.gov.au, or at Council Offices.
DECISION NOTICE HISTORY
Original Decision Notice 29 May 2014
Changes to an Existing Approval 10 October 2016, Change to condition 4
Yours faithfully
Glen Conforti
Development Planner
Encl. Appeal Rights
cc Unitywater
SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE QLD 4558
[email protected]
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466 Appeals about decisions relating to
permissible changes
(1) For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
(i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
(b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
(2) The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
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