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Attachment 2 - Negotiated Decision Notice MCU16-0130
Attached to the e-mail Change to DA - MCU16/0130.01.msg.
Noosa Council documents
Officer: Wilhelm Koschade
Direct Telephone: 07 53296215
Our Reference: MCU16/0130
Your Reference: 16014
22 May 2018
Noosaville Medical & Professional Centre Pty Ltd
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH QLD 4573
Dear Sir/Madam
Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice.
On 17 May 2018 Council decided your representations. Council also resolved to advise the
following:
A. Refuse to amend condition 2 but acknowledge that the plans detailed in the table below
generally comply with the approved plans of development
Plan Rev. Plan/Document Name Date
No.
01 B 3D Perspective, prepared by Epoch Architecture 01/03/2018
02 B Overall Site, prepared by Epoch Architecture 01/03/2018
03 B Site Plan, prepared by Epoch Architecture 01/03/2018
04 B Elevations (West & South), prepared by Epoch Architecture 01/03/2018
05 B Elevations (East & North), prepared by Epoch Architecture 01/03/2018
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: MCU16/0130
Street Address: 101 Eumundi Noosa Rd Noosaville
Real Property Description: Lot 1 RP 230931
Planning Scheme: The Noosa Plan (16 September 2013)
2 DECISION DETAILS
Council on 21 December 2017 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Retail business Types 6 -
Hardware and Retail Business Type 7 – Garden Centre
In relation to representations, Council on 17 May 2018 decided to:
A. Agree to change condition 8.
B. Agree to delete condition 7
C. Refuse to delete condition 10.
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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3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect
4 ASSESSMENT MANAGER CONDITIONS
PLANNING
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
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SK02-01 B Proposed Site Plan, prepared by Epoch Architecture 02/02/2017
SK02-02 B Proposed Floor Plan, prepared by Epoch Architecture 02/02/2017
SK02-03 B Elevations, prepared by Epoch Architecture 02/02/2017
Building Height
3. The maximum height of the development must not exceed 8.0 metres above the finished
ground level and the natural ground level.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building Works. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Street Identification
5. 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.
Water & Sewer Connections
6. 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).
7. Deleted.
Nature and Extent of Approved Use
8. The approved use must not operate outside the hours of:
a. 7am to 6pm Monday to Friday
b. 8am to 5pm Saturday to Sunday or any public holiday
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9. Any ancillary coffee shop associated with the Garden & Lifestyle Centre use is limited to
a maximum floor area of 45m2 or 10% of the floor area of the existing building,
whichever is the lesser.
10. Any ancillary coffee shop and associated use area must be located wholly within the
existing building.
11. The approved 462m2 outdoor display area is limited to the display of goods associated
with and consistent with the approved Garden & Lifestyle Centre use.
12. The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
13. Service vehicle movements associated with the approved use (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 Appearance
14. The development must be finished with subdued external building colours.
Noise
15. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc on site should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance
beyond the boundary of the premises and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the
PERIOD
adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
16. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises. Such monitoring must be undertaken within a
reasonable and practicable timeframe nominated by Council and be performed by a
suitably qualified person in accordance with accepted guidelines and standards. The
report is to be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in Table 1
of this Decision Notice.
17. 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”.
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18. For the purpose of measuring and certifying relevant noise conditions and reporting (eg.
equipment, air conditioning units, motors, electrical generators, compressors, etc), a
suitably qualified person is 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.
Lighting
19. Light sources at the premises must be positioned and shielded to prevent light spillage
outside the boundaries of the premises.
20. When requested by Council, a Lighting Report (LR) showing monitoring and recording of
lighting levels must be undertaken to investigate any complaint (other than a frivolous or
vexatious complaint) caused by light emissions from the premises. Such monitoring
must be undertaken within a reasonable and practicable timeframe nominated by
Council and be performed by a suitably qualified person in accordance with the relevant
Standard. The report is to be submitted to Council detailing the results of such
monitoring and recommendations for any measures to achieve compliance with the
Standard or as otherwise directed.
21. Outdoor lighting associated with the premises must be designed, sited, installed and
operated 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.
Landscaping Works
22. 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 properly prepared landscape plan by a
qualified person* and must include in particular:
a. The landscaping areas shown on the approved Floor Plan (Plan No. SK02-02,
dated 02/02/2017);
b. A minimum 3 metre wide densely planted landscaping strip to the full length of the
sites frontage to Eumundi Noosa Road (excluding location for driveway and
crossovers). Landscaping must provide visual buffering of the development from
the road through the planting of vegetation that is in scale with the building;
c. A minimum 2 metre wide densely planted landscaping strip to the full length of the
eastern and southern boundary. Landscaping must provide visual buffering of the
development from any adjoining residential properties through selection of
appropriate species achieving adequate heights; and
d. One x 100 litre street tree with a mature height of 4m located within the road
reserve south of the existing crossover.
23. 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.
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Waste Disposal
24. 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”. 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.
25. 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.
ENGINEERING
Frontage Works
26. The existing masonry planter boxes located adjacent to the Eumundi Noosa Road
frontage must be removed and/or relocated to be wholly within the subject site
Site Access and Driveways
27. A sealed access driveway must be provided from Eumundi Noosa Road 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 new driveway crossover adjacent to the northern site boundary. The driveway
must be in accordance with Council’s standard drawing number RS-051 and
located to not interfere with the existing access to the adjoining property.
b. the northern driveway must be for left turn entry only.
c. the southern driveway must be for left turn exit only.
d. internal driveways between the entrance driveway, the carparking areas and the
exit driveway.
e. suitable safety measures, including warning signage, to improve driver awareness
of pedestrians and enhance pedestrian safety. Warning signage must be provided
near the exit driveway to warn motorists of pedestrian movement along the
frontage street.
Car Parking
28. A minimum of 16 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. pedestrian routes between the carparking area and the business use.
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004: Parking Facilities.
29. 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.
30. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
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Stormwater Drainage
31. 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 16789-SK001
Revision A dated 1 February 2017 prepared by TOD Engineers and Project Managers
Electricity and Telecommunication Services
32. 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.
33. 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
34. 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.
35. 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.
36. 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
37. 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.
38. 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.
Damage to Services and Assets
39. 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.
5. REFERRAL AGENCIES
Not applicable.
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6. ADVISORY NOTES
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Infrastructure Charges
2. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the planning
legislation and regulations current at the time of issue. This Notice will be sent under
separate cover.
7. PROPERTY NOTES
Not applicable.
8. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Landscaping, stormwater, carparking &
Works driveway
Development Permit for Building Works Building Works
10. 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.
11. SUBMISSIONS
There were seven (7) properly made submissions about the application. In accordance with
the Sustainable Planning Act 2009, the name, address and electronic address of the principal
submitter for each properly made submission is provided and attached.
12. REASONS / GROUNDS FOR APPROVAL
The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
1. The land enjoys existing use rights for various uses including some industrial uses with
the potential to generate off site impacts. The proposed development seeks approval for
a reduced range of uses able to operate from the site which are considered more
compatible in the area; and
2. The development offers various improvements to the site and provides an improved
interface between adjoining residential uses. The proposed building renovations and
landscaping outcomes collectively improve the visual amenity of the site and are
considered an overall community benefit.
13. 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.
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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.)
14. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on
line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Kerri Coyle
MANAGER, DEVELOPMENT ASSESSMENT
Enc: List of Submitters
Appeal Rights
Approved Plans/Documents
cc: Unitywater
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List of Submitters
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
Only Properly Made Submissions are to be included in this notice (s335 (1) (l))
Name Address Email Address
Ralph Rogers [email protected]
John & Patricia Eldridge 7 Admiral Place,
NOOSAVILLE QLD 4566
James & Mary Schofield 3 Admiral Place,
NOOSAVILLE QLD 4566
Shirley Nocente [email protected]
Leo Nocente [email protected]
Mani Sahihi [email protected]
Bruce & Gwenn Davidson PO Box 165, NOOSA [email protected]
HEADS QLD 4567
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning Act (1) This section applies to a development application to
2009 (Chapter 7). which chapter 9, part 7 applies.
(2) A submitter of a properly made submission for the
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & application may appeal to the court about a referral
OPERATIONAL WORKS agency’s response made by a prescribed concurrence
agency for the application.
Division 8 Appeals to court relating to (3) However, the submitter may only appeal against a
development applications and referral agency’s response to the extent it relates to—
approvals (a) if the prescribed concurrence agency is the chief
executive (environment)—development for an
461 Appeals by applicants aquacultural ERA; or
(1) An applicant for a development application may appeal (b) if the prescribed concurrence agency is the chief
to the court against any of the following— executive (fisheries)—development that is—
(a) the refusal, or the refusal in part, of the (i) a material change of use of premises for
development application; aquaculture; or
(b) any condition of a development approval, another (ii) operational work that is the removal, damage
matter stated in a development approval and the or destruction of a marine plant.
identification or inclusion of a code under section (4) Despite section 462(1), the submitter may appeal
242; against the following matters for the application even if
(c) the decision to give a preliminary approval when a the matters relate to code assessment—
development permit was applied for; (a) a decision about a matter mentioned in section
(d) the length of a period mentioned in section 341; 462(2) if it is a decision of the chief executive
(e) a deemed refusal of the development application. (fisheries);
(2) An appeal under subsection (1)(a), (b), (c) or (d) must (b) a referral agency’s response mentioned in
be started within 20 business days (the applicant’s subsection (2).
appeal period) after—
(a) if a decision notice or negotiated decision notice 464 Appeals by advice agency submitters
is given—the day the decision notice or (1) Subsection (2) applies if an advice agency, in its
negotiated decision notice is given to the response for an application, told the assessment
applicant; or manager to treat the response as a properly made
(b) otherwise—the day a decision notice was submission.
required to be given to the applicant. (2) The advice agency may, within the limits of its
(3) An appeal under subsection (1)(e) may be started at jurisdiction, appeal to the court about—
any time after the last day a decision on the matter (a) any part of the approval relating to the assessment
should have been made. manager’s decision about any part of the
application requiring impact assessment under
462 Appeals by submitters—general section 314; or
(1) A submitter for a development application may appeal (b) any part of the approval relating to the assessment
to the court only against— manager’s decision under section 327.
(a) the part of the approval relating to the (3) The appeal must be started within 20 business days
assessment manager’s decision about any part of after the day the decision notice or negotiated decision
the application requiring impact assessment notice is given to the advice agency as a submitter.
under section 314; or (4) However, if the advice agency has given the
(b) the part of the approval relating to the assessment manager a notice under section
assessment manager’s decision under section 339(1)(b)(ii), the advice agency may not appeal the
327. decision.
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 or more of 465 Appeals about decisions relating to extensions for
the following— approvals
(a) the giving of a development approval; (1) For a development approval given for a development
(b) any provision of the approval including— application, a person to whom a notice is given under
(i) a condition of, or lack of condition for, the section 389, other than a notice for a decision under
approval; or section 386(2), may appeal to the court against the
(ii) the length of a period mentioned in section decision in the notice.
341 for the approval. (2) The appeal must be started within 20 business days
(3) However, a submitter may not appeal if the submitter— after the day the notice of the decision is given to the
(a) withdraws the submission before the application person.
is decided; or (3) Also, a person who has made a request under section
(b) has given the assessment manager a notice 383 may appeal to the court against a deemed refusal of
under section 339(1)(b)(ii). the request.
(4) The appeal must be started within 20 business days (the (4) An appeal under subsection (3) may be started at any
submitter’s appeal period) after the decision notice or time after the last day the decision on the matter should
negotiated decision notice is given to the submitter. have been made.
463 Additional and extended appeal rights for submitters 466 Appeals about decisions relating to permissible
for particular development applications changes
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(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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APPROVED PLANS
MCU16/0130
NOOSA COUNCIL
21 DECEMBER 2017
1:500 @A3 /02 FEB 2017
Pro p os e d Si te Plan
1 0 1 E U M U N D I R D, N O O S AV I L L E / N . C O l i v e r P ro p e r t i e s P t y Ltd / S K 0 2 - 0 1 Re v. B
Document Set ID: 20472075
E 1,
Version: PO C H Date:
Version A r c 20/12/2017
hitecture | 9/28 Sunshine Beach Rd, Noosa Heads QLD 4567 | p: 07 5455 4083 | e: [email protected] Print Date: 24 May 2018, 11:22 AM
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APPROVED PLANS
MCU16/0130
NOOSA COUNCIL
21 DECEMBER 2017
1:250 @A3 /02 FEB 2017
Pro p os e d Fl o o r Plan
1 0 1 E U M U N D I R D, N O O S AV I L L E / N . C O l i v e r P ro p e r t i e s P t y Ltd / S K 0 2 - 0 2 Re v. B
Document Set ID: 20472075
E 1,
Version: PO C H Date:
Version A r c 20/12/2017
hitecture | 9/28 Sunshine Beach Rd, Noosa Heads QLD 4567 | p: 07 5455 4083 | e: [email protected] Print Date: 24 May 2018, 11:22 AM
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APPROVED PLANS
MCU16/0130
NOOSA COUNCIL
21 DECEMBER 2017
1:200 @A3 /02 FEB 2017
Pro p os e d E l e vations
1 0 1 E U M U N D I R D, N O O S AV I L L E / N . C O l i v e r P ro p e r t i e s P t y Ltd / S K 0 2 - 0 3
Document Set ID: 20472075
E 1,
Version: PO C H Date:
Version A r c 20/12/2017
hitecture | 9/28 Sunshine Beach Rd, Noosa Heads QLD 4567 | p: 07 5455 4083 | e: [email protected] Print Date: 24 May 2018, 11:22 AM