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Environment & Planning Committee Reports 27/07/07 - Ordinary Meeting 09/08/07 1
*<. DAVID LOW WAY (221), PEREGIAN BEACH – MINOR CHANGE TO DEVELOPMENT
APPROVAL CONDITION – 20789 DA (KC)
REPORT BY: Senior Planning Officer – Kerri Coyle
FILE: 20789 DA
APPLICANT: JT & S Property Pty Ltd
OWNER: JU & S Property Pty Ltd
SITE: 221 David Low Way, Peregian Beach described as Lot
51 on SP 156203 Parish of Weyba
AREA: 2538m²
DEVELOPMENT Development Permit for Material Change of Use –
APPROVAL: Hotel & Commercial Services
REFERRAL AGENCY: Nil
PROPOSAL: Changes to conditions
DATE OF APPROVAL: 23 January 2004
ZONE: Semi-Attached Housing
APPLICABLE SELF i.e Advertising Devices Code
ASSESSABLE CODES:
FEES PAID: $745
1 INTRODUCTION
1.1 BACKGROUND
This application seeks to change condition 5.2 of the development approval to extend the amplified
entertainment hours from 10pm to 11pm Thursday to Saturday. Currently the development
approval prohibits amplified entertainment after 10pm.
A report recommending approval of the application was considered by the Environment & Planning
Committee on 27 April 2007 (refer to page 73 of Environment & Planning Committee agenda) and
was subsequently referred to the General Committee meeting. During the course of discussions at
the General Committee meeting, Councillors requested a reviewed report.
A reviewed report was presented to the Ordinary meeting on 10 May 2007 addressing the issues
raised by Councillors at the General Committee and included the requested resolutions to defer
and advertise the application or refuse the application. Council resolved at this meeting to defer
the application and publicly notify the application to seek public comment on the proposed change.
1.2 PUBLIC NOTIFICATION
In response to Council’s request, the applicant organised a public meeting in Peregian Park on 16
June 2007, having advertised in the Coolum and Noosa News and letter boxed dropped 400
invitations to neighbours. The applicant has submitted a letter detailing the advertising undertaken
and reasons why Council should support the application. This is included as Attachment 1.
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Environment & Planning Committee Reports 27/07/07 - Ordinary Meeting 09/08/07 2
Six letters & a petition of 51 signatures have been received from residents in the area following the
public meeting. These submitters raise the following concerns:
The traffic flow on David Low Way amounts to noise levels of up to 75 decibels whereby the
hotel noise levels would exceed this level by 15 decibels creating an even higher level of
noise nuisance for residents.
The builder at the public meeting who will be installing the glass doors for the winter period
suggested that the building is acoustically very poorly designed and would not provide any
sound proofing from amplified music.
Residents live in the area for its tranquillity and family friendly environment and are happy to
travel to either Noosa or Coolum for entertainment. The current hours of Peregian Beach
Hotel satisfy residents requirements who wish to dine there and we do not wish the amplified
entertainment hours to be extended until midnight.
The hotel is in the middle of a residential area and the noise can currently be heard more
than a kilometre away.
Two hundred submissions were received by Liquor Licensing to the last application for
extended amplified entertainment hours.
The proposed change will mean more vandalism and disturbance to the area.
Cars speeding and screeching, doing wheelies when they leave the hotel car park creates a
traffic hazard.
Approval of this application would set a precedent for other activities to come into the area
which do not fit with the tranquillity of the community. It would also set a precedent for the
other two clubs in the area to similarly apply.
2 ASSESSMENT
It is generally agreed with the applicant that a mixed response was evident at the public meeting
held, with many of the concerns raised not directly related to the application. It is also agreed that
the use of a sound limitation device set to meet liquor licensing criteria is desirable to use.
In regard to the concerns raised by submitters, the applicant’s noise report concludes that the
amplified entertainment will meet Liquor Licensing criteria for intrusive noise to not exceed the
background by more than 8dB(A) in any octave band from 63Hz to 2kHz inclusive. Notably
compliance with these requirements will mean noise levels at the nearest residence will not be
15dB(A) above the road traffic noise as suggested by the submitter. Further, extending the
amplified entertainment hours for 3 nights a week for 1 hour is unlikely to significantly lead to loss
of amenity given the hotel is currently permitted to operate until midnight, 7 days a week. Notably
the Peregian Beach surf club’s current liquor license permits amplified entertainment 7 days a
week until midnight.
Whilst concern is raised at the extent of public submissions made to Council following the public
meeting, the requested change to the hours do not seek to extend the permitted operating hours of
the hotel and seek a limited extension of the amplified entertainment hours.
Further, notwithstanding that the condition for limited amplified entertainment hours was previously
imposed on the development approval by Council, Liquor Licensing are responsible for amplified
music with licensed premises in association with a liquor license. The Liquor Licensing Division
have established criteria for amplified entertainment to mitigate noise impacts on residents. The
Liquor Licensing Division also have the ability to better assess and determine compliance with
acoustic reports and the means to bring about immediate compliance where conditions are not
being complied with (ie through on the spot fines, closure etc).
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Environment & Planning Committee Reports 27/07/07 - Ordinary Meeting 09/08/07 3
It is therefore considered that whilst it is still appropriate for Council to determine the general
operating hours of uses, the amplified entertainment hours is best determined by the Liquor
Licensing Division. Notably Liquor Licensing specifically request comments from Council on
applications for liquor licences and any variations to the licences and therefore Council is still able
to have input into whether or not an application for extended amplified entertainment hours is
appropriate for Peregian Beach.
3 CONCLUSION
Accordingly it is recommended that Council change the condition to delete reference to the
amplified entertainment hours and require amplified entertainment to be in accordance with Liquor
Licensing requirements.
It is further recommended that Council advise the Liquor Licensing Division that Council have no
objection to the extended amplified entertainment hours where noise is mitigated for residents.
RECOMMENDATION
With regard to an application to change conditions of development approval 20789 DA (JT & S
Property Pty Ltd) situated at 221 David Low Way, Peregian Beach described as Lot 51 on SP
156203 Parish of Weyba, Council:-
A. Approve a change to Condition 5.2 to read as follows:-
5. The proposed development shall comply with the noise management strategies
contained in the report “Review of Noise Issues” prepared by Ron Rumble Pty Ltd,
dated October 2002 and the following:
5.2 Amplified Entertainment shall be limited to ensure noise limits required by Liquor
Licensing are met.
B. Issue a Compiled Decision Notice.
C. Advise the Liquor Licensing Division that Council have no objection to the application to vary
the amplified entertainment hours provided the extended hours do not adversely impact on
surrounding residents amenity and noise emissions are regularly monitored for compliance.
(Index Application no. 20789 DA – po2)
Directorates/Sections Consulted:
Business Corporate Services Community Services x Environ & Planning
Aquatic Centre Financial Services Art Gallery Building Services
Building Certific.Group Information Services Community Dev. Environmental Services
Child Care Centre Legal Services Events Land Development
Council Laboratory Planning & Support Environmental Health x Land Use
Leisure Centre Revenue Services Library Plumbing Services
Water & Sewerage Public Order & Safety Strategic Planning
Recreational Services
Respite Centre
Youth
Works Human Resources Exec. & Secretariat
Design Arts & Heritage Board
Works Administration Economic Board
Works Operations Environment Board
Works Planning Social Board
Tourism Board
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Environment & Planning Committee Reports 27/07/07 - Ordinary Meeting 09/08/07 4
ATTACHMENT 1
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Form 6 - Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 20789 DA Date of Decision: 1 August 2007
1. APPLICANT DETAILS
Name: J T & S Pty Ltd
Postal address: PO Box 954, COOLUM BEACH QLD 4573
Phone no: 3252 4066 Fax no: Mobile: 0404 047 400
2. PROPERTY DESCRIPTION
Street address: 221-229 DAVID LOW WAY
Suburb/locality PEREGIAN BEACH
Real property LOT 11 ON RP 901105 & LOT 15 ON P 9315, PARISH OF WEYBA, COUNTY OF MARCH
description:
3. OWNER DETAILS
Name: J T & S Pty Ltd
Postal address: P O BOX 954 COOLUM BEACH QLD Postcode: 4573
4. REFERRAL AGENCIES
Referral Agency Address Basis
Environmental Protection Agency PO Box 168, Cotton Tree Qld 4558 Concurrence Agency
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Hotel and Commercial Service (TAB) NO YES
Material Change of Use Environmentally Relevant Activity NO YES
6. DECISION DETAILS
Council on 28 November 2002, decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to representations made about Condition 5.2 Council on 1 August 2007 resolved to:-
A. Approve a change to Condition 5.2
B. Issue a Compiled Decision Notice
C. Advise the Liquor Licensing Division that Council have no objection to the application to vary the amplified
entertainment hours provided the extended hours do not adversely impact on surrounding residents
amenity and noise emissions are regularly monitored for compliance.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Development Permit:-
Not applicable.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
8. SUBMISSIONS
Three properly made submissions were received and one petition supporting the proposal.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the Environment
Protection Agency, as a concurrence agency are also attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building W orks Hotel and Commercial Service (TAB)
Operational Works Landscaping, car parking and access, frontage works,
stormwater disposal, sediment and erosion controls filling of
the site
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 02/08/07
DECISION NOTICE HISTORY
Original Decision Notice 28 November 2002.
Negotiated Decision Notice with amendment to
Conditions 8, 12 & 25, delete condition 31, 27
February 2003.
Compiled Decision Notice 22 January 2004 with a
change to Condition 8.
Compiled Decision Notice 1 August 2007 with a
change to Condition 5.2
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered 20789 DA Sheets 1 to 6 prepared by KR Architects,
as submitted on 5 June 2002 and as may be amended by these conditions.
2. The plans shall be amended to provide for the acoustic measures required in condition 5 and submitted
for approval to the Manager of Land Use prior issue of a Development Permit for Operational Works. The
amendments required for the acoustic measures shall comply with the Strategic Plan objectives to
maintain a high standard of amenity for the area.
2
3. The sports bar total use area shall not exceed 24m and shall be delineated from other areas of the hotel.
4. The bistro, outdoor dining and bar areas shall be delineated by fixed landscaping structures from the
proposed landscaped open space areas.
5. The proposed development shall comply with the noise management strategies contained in the report
“Review of Noise Issues” prepared by Ron Rumble Pty Ltd, dated October 2002 and the following:
5.1 Plant equipment shall not exceed 50 dB(A) daytime and evening; 40 dB(A night-time; or
background + 5 dB(A) daytime and evening and background +3 dB(A) night-time, whichever is the
lower. The background noise level is to be determined from site ambient noise level
measurements over 24 hour period, minimum four days, including weekend.
5.2 Amplified Entertainment shall be limited to ensure noise limits required by Liquor Licensing are
met.
5.3 Outdoor dining noise limits shall not exceed background + 5dB(A) for daytime and evening. The
background noise level is to be determined from site ambient noise level measurements over 24
hour period, minimum four days, including weekend. To adequately control outdoor dining noise
from the first floor bistro (north-west corner of proposed hotel), it may be necessary to enclose
most of this area for the daytime and possibly fully enclose it for the night time period. Also the
first floor bistro area on the North East side of the hotel would require the northern wall to be fully
enclosed.
5.4 A 2.2 metre high acoustic barrier shall be constructed along the complete length of the northern
and western boundaries. Heights of this acoustic barrier are to be relative to the finished level of
2
the car park and with a minimum superficial mass of 15 kg/m .
5.5 A 3 metre high acoustic barrier shall be constructed along the southern boundary for the complete
width of this residence and extending 6 metres either side of this residence, then beyond this,
tapering down to 2.5 metres high. Heights of this acoustic barrier along the southern boundary are
2
to be relative to the finished level of the car park and have a minimum superficial mass of 15 kg/m
6. On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be
submitted to Council demonstrating that the development complies with conditions 5 to 5.5.
7. The development must 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 nuisance or other
emissions.
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8. The hotel and TAB shall not operate outside of 10am to 12pm 7 days a week, with the outdoor areas
(outdoor court on the ground floor and the open-air bistro area on first floor) and drive thru bottleshop
closed to patrons after 10pm Sunday to Thursday. In this regard the tables and chairs from ground floor
outdoor area shall be stacked away and the first floor windows shall be closed after 10pm Sunday to
Thursday. $10,000 of the cash bond or trading bank guarantee required in Condition No. 13 shall be held
for 12 months after commencement of the use to review the performance of acoustic conditions.
9. The open space and setback areas are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed
prior to the premises being occupied and maintained at all times thereafter.
10. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. The landscape plans referred to
above are to denote areas of existing vegetation or existing trees proposed to be retained, providing for
the retention of the site’s banksias where not located in the proposed access.
11. Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
12. The holding tanks for effluent and waste water shall have a minimum capacity of 30,000 litres.
The applicant is to note that Council is currently designing a sewerage reticulation system for the area
and when sewerage reticulation is available (programmed for the 2003/2004 financial year), this
development will be required to connect to the sewer at no cost to Council.
Prior to designing and installing the holding tanks, the applicant shall contact Council’s Water &
Sewerage Capital Works Manager to determine the location of the future sewer connection.
13. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted,
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.
14. This Development Permit for a material change of use of premises lapses if:-
14.1 the use or erection of a building or other structure associated with the use, has not been
commenced by 28 November 2006, unless application is made and approved by Council for an
extension; or
14.2 the use of any premises pursuant to the Development Permit ceases.
15. The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
obtaining a Development Permit for building works.
Land Development
Lot Amalgamation
16. All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot
in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for
registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
submitted to Council prior to the issue of the Development Permit for Operational Works.
Vehicle Access
17. A 6.0m wide vehicular access from the Heron Street / David Low Way roundabout is to be constructed to
Council’s design standards for an industrial access.
18. The existing carpark access, south of the Heron Street / David Low Way roundabout, shall be assessed
and rebuilt should it not meet Council’s industrial access standard as shown on Standard Drawing 9002.
Car Parking
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19. Carparking shall be provided within the site as shown on site plan dated April 2002 as submitted by KR
Architects except as modified herein for at least 41 spaces including 1 clearly marked disabled car
space. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user
class 2 and user class 4 for disable spaces.
20. The disable space shall be designed so that pedestrian access to and from the space is not via the
driveway, as this is considered an unacceptable pedestrian access arrangement for a disabled person.
To this end, a pedestrian path shall be provided to link this space with the entry to the building. The path
shall also be designed to meet the appropriate disabled access requirements.
21. All carparking areas shall be drained and the sealed pavement constructed to an Access Road standard
in accordance with Council’s Engineering Design Standards. Plans and specifications for these works
shall be submitted in conjunction with an application for a Development Permit for Operational Works.
22. All carparking shall be kept maintained and line-marked in a condition fit for use to the reasonable
satisfaction of the Manager - Land Development.
23. A contribution in accordance with Planning Scheme Policy PSP 13 Contributions in Lieu of the Provision
of Off Street Parking for 8 spaces shall be paid to Council prior to the issue of a Development Permit for
Operational Works and the amount of the contribution shall be calculated at the rate current at the date of
payment. An estimate only of the contribution rate as at March 2001 is $10,690 per car space short.
Frontage Works
24. At the completion of the Heron Street / David Low Way roundabout, the existing opening in the median
within David Low Way, which currently provides access to the site, shall be closed off at no cost to
Council. Details of this work shall be prepared by a suitably qualified Registered Professional Engineer
and submitted to the Council prior to obtaining a Development Permit for Operational Works.
25. A monetary contribution of $13,890 shall be paid to the Council prior to the issue of Development Permit
for Operational Works towards the cost of frontage works / roadworks undertaken by Council, external to
the development site (within the David Low Way). This amount will be subject to variations in the Price
Index, All Groups Brisbane from June 2002 until the date of payment.
Stormwater Drainage
26. Roofwater and surface water from northern car park area is to be collected on site and discharged
through a single underground drain line into existing drainage in the David Low Way to the reasonable
satisfaction of the Manager - Land Development. In this regard, plans shall be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for
Operational Works.
27. Surface water from the southern car park area is to be collected on site and discharged through a single
underground drain line into an approved drainage system in the southwest corner of the property to the
reasonable satisfaction of the Manager - Land Development. In this regard, plans shall be prepared by a
Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit
for Operational Works.
28. To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off
from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-
down) collected and treated in a grease/oil arrestor provided on site prior to being discharged off-site.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single
underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
29. The developer shall negotiate with the downstream property owners for an easement to be created over
any stormwater discharge from any part of this site onto neighbouring properties. This easement will
cover the area necessary for Q100 flows and the underground pipe system to a lawful point of discharge.
Council shall sight the easement documents prior to issuing a Development Permit for Operational
Works.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
As an alternative to the easement option, the developer may install an infiltration or combined
detention/infiltration system under the car park to dispose of all flows up to a Q100 event. A Registered
Professional Engineer of Queensland will certify this design and its construction.
30. All site stormwater drainage shall be by means of a gravity system.
Effluent Disposal
31. Deleted.
Water Supply Headworks
32. A contribution shall be paid to Council in accordance with Planning Scheme Policy PSP 28 Water Supply
Headworks Contributions at the rates applicable at the time of payment. An estimate only of the
contribution rate as at March 2002 under the current policy is as follows:
Water Supply $ 8,646
All headworks contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Sewerage Contribution
33. A contribution shall be paid to Council for the future use of Council’s sewerage reticulation system that is
currently being designed for this area and is programmed for construction in the 2003/2004 financial year.
An estimate only of the contribution rate as at March 2002 is as follows:
Sewerage $ 12,755
This contribution must be paid prior to the issue of a Development Permit for Operational Works.
Sediment and Erosion Controls
34. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with any
Development Permit for Operational Works. Site control measures such as silt fencing, controlled gravel
access to the site and controlled disposal of waste, may be necessary. Prior to commencement of any
works on site, all physical site control measures shall be installed, and approved plan adhered to.
General
35. Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
providers to ascertain the location of their underground services.
36. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works and a Development Permit for Operational Works shall be
obtained prior to the commencement of any works.
37. For the following classes of work associated with development, a Development Permit for Operational
Works must be obtained prior to commencement of works relating to that class of work. The application
may combine any or all of these classes of work:-
a. Access and/or carparking
b. Roadworks
c. Stormwater Drainage
d. Frontage works
e. Effluent Disposal
f. Sediment and Erosion Controls
g. Landscaping
38. The person acting on this permit shall apply and obtain all other necessary permits including crane, road
opening, hoarding, footpath occupation and/or any other approvals required under any other Act or By-
Law.
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39. Any damage caused to any public utility during the course of construction shall be repaired to Council’s
standards and at no cost to Council.
40. Any alteration of any public utility or other facilities necessitated by the development of the land or
associated construction works external to the site shall be at no cost to Council.
41. The transportation of all materials to and from the site shall be undertaken in a manner such that no
particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
42. An annual licence and registration of the premises is required under the Food Hygiene Regulations of
1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed,
stored, handled, served or supplied for sale.
43. The developer must provide a suitably screened imperviously paved area large enough for all refuse and
recycling containers. A roofed wash down area is required with a cold-water tap, hose and drain outlet
connected to sewer.
44. Refuse containers must be provided in accordance with the requirements of the Environmental Protection
(Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and
collection of refuse.
45. The development must 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, dust or odour
nuisance or any other emissions in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.
46. All refrigeration plant including motors, shall be situated within the building or suitably provided with noise
reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply
for such offences.
47. Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject
land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On
the spot fines apply for such offences.
48. The development must allow refuse-loading areas to be located off street. All vehicles associated with
the collection of waste/recyclables, shall enter and leave the site in a forward direction.
49. Provide cleaners sink to “storage area” adjacent to restaurant kitchen.
50. The bin washing area is to be roofed and the floor is to fall to a bucket trap prior to discharge to the on-
site sewerage system. Rain water is to be excluded from the bin washing area. Bin washing is to take
place only at the bin washing area
51. Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and
servicing. W here access is restricted, a pump out line is required.
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Concurrence Agency Conditions -
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Schedule A - Activity
Maintenance of Plant and Equipment
(A1) The holder of this development approval must:
(i) install all plant and equipment necessary to ensure compliance with the conditions of this
development approval; and
(ii) maintain such plant and equipment in a proper and efficient condition; and
(iii) operate such plant and equipment in a proper and efficient manner.
In this condition, “plant and equipment” includes:
(a) plant and equipment used to prevent and/or minimise the likelihood of environmental
harm being caused;
(b) devices and structures to contain foreseeable escapes of contaminants and waste;
(c) vehicles used to transport waste;
(d) devices and structures used to store, handle, treat and dispose of waste;
(e) monitoring equipment and associated alarms; and
(f) backup systems that act in the event of failure of the primary system.
Display of Development Approval
(A2) A copy of this development approval must be kept in a location readily accessible to personnel
carrying out the activity.
Records
(A3) Any records or documents which are required to be kept by a development condition of this
development approval must be kept at the premises to which the development approval relates
for a period of at least five (5) years and be available for examination by an authorised person.
The record retention requirements of this development condition will be satisfied if any daily and
weekly records are kept for a period of at least three (3) years and these records are then kept
in the form of annual summaries after that period.
Alterations
(A4) No change, replacement or operation of any plant or equipment is permitted if the change,
replacement or operation of the plant or equipment increases, or is likely to substantially
increase, the risk of environmental harm above that expressly provided by this development
approval.
An example of a substantial increase in the risk of environmental harm is an increase of ten
percent (10%) or more in the quantity of the contaminant to be released into the environment.
Calibration
(A5) All instruments and devices used for the measurement or monitoring of any parameter under
any development condition of this development approval must be calibrated, and appropriately
operated and maintained.
Nuisance
(A6) Notwithstanding any other condition of this development approval, this development approval
does not authorise any release of contaminants which causes or is likely to cause an
environmental nuisance beyond the boundaries of the place to which this development approval
relates.
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NOOSA COUNCIL IDAS Development Application Decision Notice 9
Complaint Recording
(A7) All complaints received by the holder of this development approval relating to operations at the
place to which this development approval relates must be recorded and include the following
details:
(i) time, date and nature of complaint; and
(ii) type of communication (telephone, letter, personal etc.); and
(iii)name, contact address and contact telephone number of complainant (Note: if the
complainant does not wish to be identified then “Not identified” is to be recorded); and
(iv)response and investigation undertaken as a result of the complaint; and
(v) name of person responsible for investigating complaint; and
(vi)action taken as a result of the complaint investigation and signature of responsible person.
Incident Recording
(A8) A record must be maintained of events including but not limited to:
(i) he time, date and duration of equipment malfunctions that may affect the
environmental performance of the place to which this development approval relates;
and
(ii) the hours of operation of the plant when these events have occurred.
Notification of Emergencies and Incidents
(A9) Where the holder of this development approval has not given notification to the administering
authority under section 37 of the Environmental Protection Act 1994, as soon as practicable
after becoming aware of any emergency or incident which results in the release of contaminants
not in accordance, or reasonably expected to be not in accordance with the conditions of this
development approval, the holder of this development approval must notify the administering
authority of the release by telephone or facsimile.
(A10) Where the holder of this development approval has not given notification to the administering
authority under section 37 of the Environmental Protection Act 1994, the notification of
emergencies or incidents as required by condition A9 must include but not be limited to the
following:
(i) the name of the holder of the development approval; and
(ii) the location of the emergency or incident; and
(iii) the number of the development approval; and
(iv) the name and telephone number of the designated contact person; and
(v) the time of the release; and
(vi) the time the holder of the development approval became aware of the release; and
(vii) the suspected cause of the release; and
(viii) the environmental harm caused, threatened, or suspected to be caused by the release;
and
(ix) actions taken to prevent further any release and mitigate any environmental harm caused
by the release.
(A11) Where the holder of this development approval has not given notification to the administering
authority under section 37 of the Environmental Protection Act 1994, not more than fourteen
(14) days following the initial notification of an emergency or incident, the holder of the
development approval must provide written advice of the information supplied in accordance
with condition A10 in addition to:
(i) proposed actions to prevent a recurrence of the emergency or incident; and
(ii) outcomes of actions taken at the time to prevent or minimise environmental
harm and or environmental nuisance; and
(iii) the results of any environmental monitoring performed.
Report Submission
(A12) The holder of this development approval must ensure that all complaints and results of all
monitoring performed in accordance with development conditions of this development approval
for the period covered by the annual return are submitted with the Annual Return.
END OF CONDITIONS FOR SCHEDULE A
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Schedule B - Air
Odour Nuisance
(B1) Prevent the release of odour, which causes or is likely to cause a nuisance at any odour
sensitive place. Nuisance includes odour that is or is likely to be noxious or offensive to a
person or a nuisance in the opinion of an authorised person.
END OF CONDITIONS FOR SCHEDULE B
Schedule C - Water
Release of Contaminants to Waters
(C1) Contaminants must not be directly or indirectly released from the place to which this
development approval relates to any waters or the bed and banks of any waters except:
(i) as permitted under the stormwater management schedule; or
(ii) to a sewer as permitted or otherwise agreed from time to time by the relevant Local
Government.
Effluent Storage & Pipelines
(C2) All storages and pipelines used for the storage or treatment or transfer of sewage must be
installed and maintained to minimise any discharge from the storage or pipelines to any waters
(including groundwater).
Stormwater Management
Contaminant Releases Caused by Rainfall
(C3) Except as otherwise provided by the conditions of the stormwater management schedule and
the water schedule of this development approval, this environmentally relevant activity must be
carried out by such practicable means necessary to prevent the release or likelihood of release
of contaminated runoff from the place to which this development approval relates to any
stormwater drain or waters or the bed or banks of any such waters. ‘Contaminated runoff’ for
the purpose of this condition of the development approval means stormwater and/or stormwater
runoff that contains contaminants that may cause environmental harm.
END OF CONDITIONS FOR SCHEDULE C
Schedule D - Noise
Emission of Noise
(D1) In the event of a complaint about noise that constitutes intrusive noise being made to the
administering authority, that the administering authority considers is not frivolous or vexatious,
then the emission of noise from the place to which this development approval relates must not
result in levels greater than those specified in Schedule D, Table 1.
SCHEDULE D - TABLE 1
NOISE LIMITS AT A NOISE SENSITIVE PLACE
Time Periods Noise Level at a Noise Sensitive Place Measured as the
Adjusted Maximum Sound Pressure Level
LAmax adj, T
Monday to Friday 7 am - 6 pm Background noise level plus 5 dB(A)
Saturday 7 am - 12 noon
Monday to Saturday 6 am - 7 am Background noise level plus 5 dB(A)
Monday to Friday 6 pm - 10 pm
Saturday 12 noon - 6 pm
All other times and public Background noise level plus 3 dB(A)
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holidays
NOISE LIMITS AT A COMMERCIAL PLACE
Time Period Noise Level at a Commercial Place measured as the
Adjusted Maximum Sound Pressure Level
LAmax adj, T
Monday to Friday 7 am - 6 pm Background noise level plus 10 dB(A)
Saturday 7 am - 12 noon
Monday to Saturday 6 am - 7 am Background noise level plus 10 dB(A)
Monday to Friday 6 pm - 10 pm
Saturday 12 noon - 6 pm
All other times and public Background noise level plus 8 dB(A)
holidays
Noise Monitoring
(D2) Noise monitoring must be undertaken to investigate any complaint of intrusive noise upon
receipt of a written request from the administering authority to carry out such monitoring.
(D3) For the purposes of investigating any complaint made about unreasonable intrusive noise and
also for checking compliance with condition D1 of the noise schedule, monitoring and recording
the noise levels from the environmentally relevant activities must be undertaken for at least the
following descriptors, characteristics and conditions:
(i) LAmax, adj T ; and
(ii) LAbg, T ; and
(iii) LAN,t (where N equals statistical levels of 1, 10, 50, 90 and 99); and
(iv) Max LpA T ; and
(v) LAeq, T ; and
(vi) the level and frequency of occurrence of impulsive or tonal noise; and
(vii) atmospheric conditions including temperature, relative humidity and wind speed and
direction; and
(viii) effects due to extraneous factors such as traffic noise; and
(ix) location, date and time of recording.
(D4) The method of measurement and reporting of noise levels must comply with the Environmental
Protection Agency Noise Measurement Manual, third edition, March 2000, or more recent
editions or supplements to that document as become available.
(D5) The measurement and reporting of noise levels must be undertaken by a person or body
possessing appropriate experience and qualifications to perform the required measurements.
END OF CONDITIONS FOR SCHEDULE D
Schedule E - Waste
Off Site Movement
(E1) Where regulated waste is removed from the place to which this development approval relates,
the holder of this development approval must monitor and record the following:
(i) the date, quantity and type of waste removed; and
(ii) name of the waste transporter and/or disposal operator that removed the waste; and
(iii) the intended treatment/disposal destination of the waste.
(NOTE: Records of documents maintained in compliance with a waste tracking system
established under the Environmental Protection Act 1994 or any other law for regulated waste
will be deemed to satisfy this condition.)
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General
(E2) Waste must not be released to the environment, stored, transferred or disposed of contrary to
any condition of this development approval.
(E3) The holder of this development approval must not:
(i) burn waste at or on the licensed place; nor
(ii) allow waste to burn or be burnt at or on the licensed place; nor
(iii) remove waste from the licensed place and burn such waste elsewhere.
Notification of Improper Disposal Of Regulated Waste
(E4) If the holder of this development approval becomes aware that a person has removed regulated
waste from the place to which this development approval relates and disposed of the regulated
waste in a manner which is not authorised by this development approval or is improper or
unlawful, then the holder of this development approval must, as soon as practicable, notify the
administering authority of all relevant facts, matters and circumstances known concerning the
disposal.
END OF CONDITIONS FOR SCHEDULE E
Schedule F - Land
Release of Contaminants to Land
(F1) The release of contaminants to land is not permitted at the place to which this development
approval relates.
(F2) All wastewater generated at the place to which this development approval relates must be
removed off-site and disposed of to a facility that can lawfully accept such waste.
.(F3) The holder of this development approval must keep a daily record of the volume of effluent
that is removed off-site, until such time as the place to which this development approval
relates is connected to a Local Government sewage system. A copy of these results must be
provided to the administering authority upon request.
END OF CONDITIONS FOR SCHEDULE F
Schedule G – Self Monitoring and reporting
(G1) All complaints received must be recorded including investigations undertaken, conclusions
formed and action taken. This information must be made available to the administering authority
on request.
(G2) In consultation with the administering authority, cooperate with and participate in any
community environmental liaison committee established in respect of either the licensed place
specifically, or the industrial estate where the licensed place is located.
END OF CONDITIONS FOR SCHEDULE G
Schedule H - Definitions
Words and phrases used throughout this licence are defined below:
(H1) “administering authority” means the Environmental Protection Agency or its successor.
(H2) “dust sensitive place” means -
1 a dwelling, mobile home or caravan park, residential marina or other residential place;
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2 a motel, hotel or hostel;
3 a kindergarten, school, university or other educational institution;
4 a medical centre or hospital;
5 a protected area;
6 a park or gardens; or
7 a place used as an office or for business or commercial purposes.
and includes the curtilage of any such place.
(H3) “odour sensitive place” has the same meaning as a “dust sensitive place”
(H4) “dwelling” means any of the following structures or vehicles that is principally used as a
residence-
8 a house, unit, motel, nursing home or other building or part of a building;
9 a caravan, mobile home or other vehicle or structure on land;
10 a water craft in a marina.
(H5) “noxious” means harmful or injurious to health or physical well being.
(H6) “offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting,
nauseous or repulsive.
(H7) “protected area” means -
11 a protected area under the Nature Conservation Act 1992; or
12 a marine park under the Marine Parks Act 1992; or
13 a World Heritage Area.
(H8) “waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface
water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams,
non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside
gutter, stormwater run-off, and any under groundwater, any part-thereof.
(H12) “land” in the “land schedule” of this document means land excluding waters and the
atmosphere.
(H13) “mg-L” means milligrams per litre.
(H14) “regulated waste” means non-domestic waste in Schedule 7 of the Environmental Protection
Regulation 1998 and includes:
- for an element - any chemical compound containing the element; and
- anything that has contained a regulated waste; and
- regulated waste that has been treated or immobilised.
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Noise Definitions
(H15) “LA 10, adj, 10 mins” means the A-weighted sound pressure level, (adjusted for tonal character and
impulsiveness of the sound) exceeded for 10% of any 10 minute measurement period, using
Fast response.
(H16) “LA 1, adj, 10 mins” means the A-weighted sound pressure level, (adjusted for tonal character and
impulsiveness of the sound) exceeded for 1% of any 10 minute measurement period, using
Fast response
(H17) “noise affected premises” means a “noise sensitive place” or a “commercial place”
(H18) “noise sensitive place” means -
a dwelling, mobile home or caravan park, residential marina or other residential premises; or
a motel, hotel or hostel; or
a kindergarten, school, university or other educational institution; or
a medical centre or hospital; or
a protected area; or
a park or gardens.
(H19) “commercial place” means a place used as an office or for business or commercial purposes.
(H20) “intrusive” noise - means noise that, because of its frequency, duration, level, tonal
characteristics, impulsiveness or vibration -
is clearly audible to, or can be felt by, an individual; and
annoys the individual.
In determining whether a noise annoys an individual and is unreasonably intrusive, regard must
be given to Australian Standard 1055.2 - 1997 Acoustics - Description and Measurement of
Environmental Noise Part 2 - Application to Specific Situations.
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NOOSA COUNCIL IDAS Development Application Decision Notice 15
Local Laws, Policies & State Regulation
Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
ADVICE
1. The applicant is to submit two sets of professional drawn scale plans in compliance with Council’s Code
controlling food establishments for approval by Council’s Environmental Health Section, for any food
premises proposed to be included in the development. Approval is to be obtained prior to fitting out the
building.
2. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
3. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
makes or causes audible noise to be made from the building work:-
3.1 On a Sunday or public holiday, at any time; or
3.2 On a Saturday or a business day, before 7.00am or after 6.30pm.
3.3 A maximum penalty of $1,500 applies to an offence under this legislation.
4. For café or restaurant the developer must provide toilets for customers and staff in accordance with the
Building Code of Australia.
5. Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.
The installation of any mechanical exhaust system is to comply with Australian Standard 1668.
6. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably
be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply
for such offences.
7. Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade
Waste.
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NOOSA COUNCIL IDAS Development Application Decision Notice 16
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to
development that would have required public
development applications
notification under the repealed Act.
Appeals by applicants
(6) If an application involves assessment against
4.1.27.(1) An applicant for a development application a concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available
against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application;
Appeals by advice agency submitters
(b) a matter stated in a development approval,
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
under section 3.1.6;1 a development approval for a development
application if-
(c) the decision to give a preliminary approval when a
development permit was applied for; (a) the development application involves impact
assessment; and
(d) the length of a currency period;
(b) the advice agency told the applicant and the
(e) a deemed refusal.
assessment manager to treat its response to the
(2) An appeal under subsection (1)(a) to (d) must application as a submission for an appeal.
be started within 20 business days (the “applicant’s (2) The appeal must be started within 20 business
appeal period”) after the day the decision notice or days after the day the decision notice or negotiated
negotiated decision notice is given to the applicant. decision notice is given to the advice agency as a
(3) An appeal under subsection (1)(e) may be submitter.
started at any time after the last day a decision on the Appeals for matters arising after approval given
matter should have been made. (co-respondents)
Appeals by submitters 4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application development application, a person to whom any of
may appeal to the court about- the following notices have been given may appeal to
the court against the decision in the notice-
(a) the giving of a development approval, including
any conditions (or lack of conditions) or other (a) a notice giving a decision on a request for
provisions of the approval; or extension of the currency period for an approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make a
minor change to an approval.
(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day (2) The appeal must be started within 20
the decision notice or negotiated decision notice is business days after the day the notice of the decision
given to the submitter. is given to the person.
(3) If a person withdraws a submission before the (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the approval resulted from a development application
decision. (superseded planning scheme) that was assessed as
if it were an application under a superseded planning
(4) If an application involves both impact scheme.
assessment and code assessment, appeal rights for
submitters are available only for the part of the (4) Also, a person who has made a request
application involving impact assessment. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(5) An appeal under subsection (4) may be
started at any time after the last day the decision on
the matter should have been made.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
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NOOSA COUNCIL IDAS Development Application Decision Notice 17
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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