Delegated Report MCU16/0087 & OPW16/0159

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0087 & OPW16/0159
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Building Suncoast Green
Proposal:	Development Permit for Material Change of Use of Premises - Industrial Business Type 2
Properly Made Date:	01/08/2016
Information Request Date:	Not Applicable
Info Response Received Date:	Not Applicable
Date of Site Visit:	Not Applicable
Decision Due Date:	29/08/2016

PROPERTY DETAILS
Property Address:	24 Venture Dr NOOSAVILLE  QLD  4566
RP Description:	Lot 15 SP 216079
Land Area:	1650 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Noosaville Locality
Planning Precinct / Zone:	Industry Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a combined Material Change Use for Industrial Business Type 2 and Operational Works for Stormwater Drainage, Vehicle Crossover & Parking, Landscaping, and Erosion & Sediment Control. The development proposes a gross for area of 743m², 15 car spaces and 1 SRV loading bay. A total of 256.1m2 of landscaping area is proposed which is the equivalent to 15.5% of the site area. The proposed building is articulated and is proposed with a tilt slab construction with a 2 degree trim deck pitched roof.

A locality and proposal plans are included below under Figure 1, 2 and 3.

Figure 1 – Locality Plan
Figure 2 – 3D Render

Figure 3 – Site Plan

Site Description
Site & Locality Description
Road Frontage	The site has a 30m frontage to Venture Drive.
Existing Significant Vegetation	Nil.
Topography:	The site is flat.
Surrounding Land Uses:	The site is located within the new Venture Drive and Gateway Drive industrial subdivision development. While new industrial lots have been created, adjoining lots are currently vacant.

There are no planning scheme overlays applicable to this application

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

The South East Queensland Regional Plan;
Any applicable state planning policies;
The state planning regulatory provisions; and
Any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

The Planning Scheme outlines key parameters for the development which are identified in the following Table:

Criteria	Planning Scheme	Proposal	Complies
Site Area	1000m²	1650m²	
Landscaped open space Soft landscaping Landscaping Setbacks	251 m² min 15% of the site 2m to uncovered car parking	256.1m² 15.5m² 0.65m to loading bay	X
Building height storeys metres	2 storeys max 10 metres	2 storeys 7.36 metres	
Boundary setbacks Frontage (primary) North Side East Side West Side	6 metres min 0 metres min 0 metres min 0 metres min	25.7 metres 3.5 metres 0 metres 0 metres	
Carparking	15 spaces min	15 spaces	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	8 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	10 bicycle spaces 0 locker/s One shower is shown in each tenancy	X

Landscaping
The application proposes sufficient landscaping sought under the Landscaping Code and includes a 105.1m2 landscape strip to the rear of the property over an existing stormwater and sewerage easement. In conjunction with accommodating the stormwater and sewerage infrastructure, the easement area serves as an overland flow path which was incorporated into the lot layout design when the land was originally reconfigured. The overland flow path provides stormwater drainage which discharges to a reserve to the north-east of the site.

Feedback provided from Councils engineering officers advised that any proposed landscaping within the easement area should be limited to turf only to avoid any impacts landscaping may have on the functionality and drainage capacity of the overland flow path. Accordingly, it is recommended to include a condition to restrict landscaping within the easement area to turf only.

CONSULTATION:
Referrals
The application was forwarded to the following internal council specialists:

Development Engineer
Ecology Specialist
Their assessment forms part of this report.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU16/0087 for Material Change of Use of Premises - Industrial Business Type 2 & OPW16/0159 for Operational Works for Stormwater Drainage, Vehicle Crossover & Parking, Landscaping and Erosion & Sediment Control situated at 42 Venture Dr NOOSAVILLE QLD 4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0087 & OPW16/0159

1.	APPLICATION DETAILS

Application No:	MCU16/0087 & OPW16/0159
Street Address:	24 Venture Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 15 SP 216079
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Industrial Business Type 2
Development Permit for Operational Works (Earthworks, Stormwater Drainage, Vehicle Crossover and Parking, Landscaping, Erosion & Sediment Control).
3.	RELEVANT PERIOD OF APPROVAL

The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.
The relevant period for the Operational Works approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE
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
02 of 11	H	Roof Plan, prepared by Building Suncoast Green	16.08.16
03 of 11	H	Site Plan, prepared by Building Suncoast Green	16.08.16
05 of 11	H	Floor Plan, prepared by Building Suncoast Green	16.08.16
06 of 11	H	Elevations, prepared by Building Suncoast Green	16.08.16
10 of 11	H	Landscape Plan,  prepared by Building Suncoast green (Annotated)	16.08.16
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Building Design
The development must be finished with subdued external building colours.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.

ENGINEERING
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.
Any awing and other structures in close proximity to the proposed SRV Loading Bay must be designed to ensure no obstruction or impact on the functioning and the use of the loading bay.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Stormwater Drainage and Existing Easement
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
The area over the existing 3.0m/3.28m wide Easement along the rear boundary line must be maintained at its current finished (around RL 5.60m AHD) for stormwater overland flows.  There shall be no landscaping, storage of items or any uses that may potentially impede stormwater flows over this easement.
Any fences across the Easement must be flood compactible that prevent the collection of debris and allow for passage of water during major storm event without obstruction.
Electricity and Telecommunication Services
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken generally in accordance with the approved plans and Planning Scheme Policy PSP 3 - Landscaping Plants and Guidelines.
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.
Proposed landscaping within the existing sewerage and stormwater easement to the rear of the lot must consist of turf only and must be mowed and maintained at all times to avoid obstructing the function of the overland flow path for stormwater drainage.
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”. 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.

OPERATIONAL WORKS
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
C001 Job No: SC-5763	A	Drawing Index and Standard Notes,  prepared by Empire Engineering	July 2016
C020 Job No: SC-5763	A	Siteworks and Drainage,  prepared by Empire Engineering	July 2016
C025 Job No: SC-5763	A	Siteworks and Drainage Sections and Details Sheet 1,  prepared by Empire Engineering	July 2016
C030 Job No: SC-5763	A	Pavement Plan,  prepared by Empire Engineering (annotated)	July 2016
C040 Job No: SC-5763	A	Sign and Linemarking Plan,  prepared by Empire Engineering	July 2016

PRIOR TO COMMENCEMENT OF WORKS
Performance Bond
Prior to arranging a Prestart meeting and the issue of a Development Permit for Building Works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure the performance of all conditions of this approval.  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 condition.

Engineering
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart meeting*.  The contact number to arrange a prestart meeting is 5329 6244. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Landscape works.
Erosion and sediment control works.
* (Refer to Advisory Note)
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
A detailed condition report including photographs of all frontages of the site must be completed and submitted to Council prior to the prestart meeting.
A condition report including photographs of all fences bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could potentially be impacted on by the proposed earthworks and construction works must be completed and submitted to Council prior to the prestart meeting.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically include/address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures to be installed prior to construction.
Fencing to the work site during the construction phase to ensure the safety of the public and the road users.
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased.
Sufficient parking arrangements for trucks, machineries and construction workers without adversely impacting on traffic flow and/or the availability of on-street parking in the local street.
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.
The proposed dates for the commencement and the completion of the works.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Establishment of a communication protocol with the adjoining owners and any other affected parties to advise of construction times, impacts on traffic and services and any other relevant issues.
Identification of communication and complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines, particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Driveway
Driveway crossovers must be designed and constructed generally in accordance with the approved plans and in accordance with IPWEA standard drawing RS- 051 and must have levels and grades match the levels and the grades of the existing concrete footpath without posing trip hazard.
The following must be complied with during the construction of the required crossover/driveway:
The driveway width must not exceed 6.5m at the front boundary line and 13.0m at the kerb line.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete and must have a slip resistant surface.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto other properties and/or the road verge.
For public safety, the finish levels of crossover must ensure smooth transition to existing surfaces (eg road grassed verge, footpath).
Where applicable, underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway works.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/Telstra and submitted to Council.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards and be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard and relevant sections of AS1428 Design for access and mobility.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Where required, any reinstated road pavement must be in accordance with IPWEA standard drawing RS-170 with road pavement resurfacing to consist of a minimum depth of 50mm of an approved hot mixed asphaltic concrete.
Earthworks
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road and public footpath by blocking or interfering with overland flow path.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.

Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards (refer to advisory notes).
The applicant must ensure non essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any cleared area without delay and prior to rainfall occurring.
The applicant must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.(for larger sites)
Damage to Services and Assets
Any damage caused to existing services, streetscape and assets (including kerb and footpath) 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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to the final inspection a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and applicable engineering standards.
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Amendments to plans, in accordance to the relevant conditions, and/or any requested changes to the conditions of this decision notice must be made within the appeal period or the suspended/extended appeal period. Alternatively, an application for “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made along with Council’s applicable fees.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
Environmental Advisory notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the completion of the works:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of the completion of the works, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability, Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
Evidence that the site has been effectively stabilised in the short term;
Evidence that soil has been adequately ameliorated;
Evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
That grass seed has germinated at a density that is likely to achieve an effective grass cover.
Aboriginal Cultural Heritage Act 2003
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.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	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”.

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DELEGATED AUTHORITY REPORT

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