MCU14/0091 - Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU14/091:
Your Reference:	14/3702

31 July 2015

BH Durrington & AT Durrington & KS Smith TTE
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 30 July 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0091
Street Address:	2 Emerald Street Cooroy  Qld  4563
Real Property Description:	Lot 47 C 5602
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Retail Business Type 2 - Shop (3) & Commercial Business Type 1 - Office (3)
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A1.00	B	Site Plan, prepared by Tulip Design	21.03.15
A1.01	B	Floor Plan, prepared by Tulip Design	21.03.15
A2.01	B	Elevations – Sheet 1, prepared by Tulip Design	21.03.15
A2.02	B	Elevations – Sheet 2, prepared by Tulip Design	21.03.15
A3.01	B	Section, prepared by Tulip Design	21.03.15
A9.01	B	3D impressions, prepared by Tulip Design	21.03.15
L1.01	B	Landscape Plan, prepared by Tulip Design as annotated by Council	21.03.15
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for 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.
Street Identification
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.
Building Design
The street awning must extend for the full width of the frontage and be setback 1m from the face of the kerb. Amended plans must be submitted prior to the issue of an operational works approval.
A variety of external material finishes must be incorporated to the north elevation and the west elevation as indicated on the approved plan.
All mechanical equipment such as air-conditioning units, pumps or refrigeration and the like must not be seen from Emerald Street.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 the development site.
Landscaping Works
The development site must be landscaped.  The works must be undertaken generally in accordance with the approved landscaping plan, Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines and in accordance with an Operational Works approval and must include in particular:
the works shown on the Approved Plans
the Archontophoenix cunninghamiana must be deleted from within the garden along the Emerald Street frontage and replaced with a native shrub
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENGINEERING
External Works
Emerald Street must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a full width pathway extending from the property boundary to the kerb and channel
works to transition the new full width pathway to match smoothly with the existing frontages of the adjoining properties. These works will extend beyond the frontage of the subject site. The transitions must be constructed at grades that are in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
any necessary relocation or alteration to existing access from Emerald Street to the adjoining property at 4 Emerald Street must be undertaken. The type and extent of these works must be in agreement with the adjoining property owner and clearly shown on plans submitted for operational works
any relocation/reinstatement of existing services in the road verge
These works are to be undertaken at no cost to Council.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Wimmers Lane 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 extension of the existing formation to the property boundary to provide a suitable access to the carparking area.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Car Parking
A minimum of 23 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:
12 customer parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
11 staff parking spaces within the total, which are clearly marked for that purpose
1 disabled parking space within the total
crossfalls, dimensions and gradients in accordance with Australian Standard AS2890: Parking Facilities.
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.
Bicycle Facilities
Six (6) bicycle parking spaces and 3 lockers must be provided for the development.
Stormwater Drainage
All stormwater drainage must be collected and discharged so there is no net increase in stormwater runoff from the site.
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 be generally in accordance with drawing number 1501-02B prepared by Callaghan and Toth dated March 2015.
Undergrounding of Existing Overhead Powerlines
The existing overhead electricity reticulation connection to the site must be removed and any new connection must be provided underground.
Easements
A 1.5 metre wide easement for “Public Thoroughfare” purposes must be registered against the title of the property in favour of Council. The easement must be located directly adjacent to the Wimmers Lane frontage. The easement must:
be clearly shown on all plans submitted for Operational Works
be registered prior to the commencement of the use
the terms of the easement must allow for the use of the easement for car parking purposes until such time Council decides otherwise.
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.
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.
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
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.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
ENVIRONMENTAL HEALTH
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises” and an operational works approval. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-day operation of the development and approved by Council’s Health Section prior to issue of development permit for operational works.  The Waste Management Plan must include the following:
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 garden 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 detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
Noise Nuisance
Noise emission from mechanical equipment must comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “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.
Noise
It is highly recommended the person engaged to certify the installation of mechanical equipment is involved at the plan development stage to recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Building and Construction Industry (Portable Long Service Leave) Levy
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.
Co-ordination of Operational Works Assessment
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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
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
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
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
identification of complaint management procedures including:
i.	contact details for the on-site manager
ii.	dispute resolution procedures
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works (External Works, electrical, landscaping, access, stormwater and earthworks)
Development Permit for Building Works (all Building Works)
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
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
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.)
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.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

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

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
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