Minor Change Existing Approval 132007.1841.7

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	132007.1841.7
Your Reference:	n/a
23 February 2018
Reece Australia P/L
C/- Town Planning Alliance
PO Box 5329
WEST END  QLD  4101
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 July 2017, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132007.1841.7
Street address:	1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11/100 Rene St NOOSAVILLE
Real property description:	Lots 1 – 11  SP 230643
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council on 13 May 2008 decided to issue the following type of approval:
Application No.	Type of Development
132007.1841	Development Permit for Material Change of Use of Premises (Industrial business Types 1 & 2, Education Type 3)
In relation to representations, Council on 29 August 2008 decided to:
A. Agree to change Conditions 11, 12, 22, 26, 36 & 76
B. Agree to delete Conditions 37.3, 39.3, 41.2, 42.2, 44.4 & 46.3
C. Refuse to delete Conditions 13 & 60

In relation to the request to make a change to the existing approval, Council on 4 February 2011 decided to:
A.	Agree to change Condition 76.
B.	Agree to amend Advisory Notes 1 & 2.
C.	Include additional Condition 86.
In relation to the request to make a change to the existing approval, Council on 16 February 2011 decided to:
A.	Agree to change Condition 86.
In relation to the request to make a change to the existing approval, Council on 23 March 2012 decided to:
Approve a change to Condition 1.
In relation to the request to extend the relevant period, Council on 7 June 2016 decided to:
A	Agree to delete Condition 86
B	Include additional Advisory Note 11
In relation to the request to make a minor change to the existing approval, Council on 16 February 2018, decided to approve the requested changes. The changes are detailed below.
Approve the change.
Amend Conditions 1, 14 and 37.
Include additional Conditions 87, 88, 89, 90, 91, 92 and 93.
Include additional Advisory Notes 12 and 13.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval 132007.1841 took effect.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered:
Plan / Document No.	Rev.	Plan / Document Name	Date
07041 SD01	B	Overall Site Plan – Sprout Architects	16/01/08
07041 SD02	B	Building K – Drawings – Sprout Architects	16/01/08
DA-004	10	Site plan, by WG Architects	
DA-005	10	Ground floor plan, by WG Architects	
DA-006	9	Mezzanine floor plan, by WG Architects	
DA-07	11	Elevations, by WG Architects	
DA-08	5	Elevations, by WG Architects	
DA-09	4	Sales floor plan, by WG Architects	
SK001	D	Landscape Concept Plan prepared by Laud ink	20.10.2017
SK010	A	Landscape Concept Plan, species schedules, images and notes prepared by Laud ink as annotated by Council	06.09.20017
07041 SD04	B	Building B – Drawings – Sprout Architects	16/01/08
07041 SD05	B	Building C – Drawings – Sprout Architects	16/01/08
07041 SD06	B	Building D – Drawings – Sprout Architects	16/01/08
07041 SD07	B	Building E – Drawings – Sprout Architects	16/01/08
07041 SD08	B	Building F – Drawings – Sprout Architects	16/01/08
07041 SD09	B	Building G – Drawings – Sprout Architects	16/01/08
07041 SD10	B	Building H – Drawings – Sprout Architects	16/01/08
07041 SD11	B	Building I – Drawings – Sprout Architects	16/01/08
07041 SD12	B	Building J – Drawings – Sprout Architects	16/01/08
07041 SD13	A	Site Sections – Sprout Architects	16/01/08
and as may be amended by these conditions.  These plans permit staging of the development on a per lot basis.
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.
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 prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
A minimum landscape setback of 2 metres width shall be provided to the Rene Street road frontage.
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. These landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.
Fencing along the front property boundary shall be setback at least 1 metre, with at least half of the fencing setback 2 metres. The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Any advertising sign or device is to comply with Council's policies on advertising.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use.
The gymnasium and conference facilities shall be ancillary to the approved Industrial and Educational uses over the site, and shall be restricted for use by tenants of these premises.
The Education use may operate with any combination of employees and students, provided that a rate of 1 space per employee and 1 space per 10 students is adopted to meet a car parking provision of 8 spaces.
Provision for a minimum of 63 bicycle parking spaces shall be provided on-site. Bicycle parking spaces shall be dispersed across the site in the following manner:-
a minimum of 38 spaces to be Class 2 (staff) standard; and
a minimum of 25 spaces to be Class 3 (visitor) standard.
The proposed bicycle facilities shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of the Manager, Land Use.
End of trip facilities including shower/change room/lockers shall be provided for each tenancy.
A minimum roof pitch of 5 degrees shall be provided to the roof form of buildings on-site.
With the exception of development on Lot 1 on SP 230643, all buildings shall comply with a maximum building height of 2 storeys and 8 metres above natural and finished ground level with the exception of additional requirements for the roofing to allow for the increased roof pitch of 5 degrees.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height as required by either the conditions of approval or the Planning Scheme.
The development shall be carried out in accordance with the Bushfire Management Plan prepared by James Warren & Associates Pty Ltd dated November 2007 prepared for the subject site and the Shire Business Centre site prior to the commencement of the use.
All rainwater tanks located within the 5 metre fire buffer along the site’s southern and eastern boundaries shall be located underground to ensure unrestricted access through the fire buffer is maintained.
The premises are to be identified by the provision of a street number in a prominent location to ensure it is identifiable to all persons, particularly emergency services personnel.
All Industrial use tenancies shall not be less than 150m2 use area in size.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The gym facilities within Building K shall be made accessible at all times for use by other tenants of the site, with the conference/meeting facilities to be made available on a booking system managed by the tenant of Building K.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
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
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Rene Street frontage of the site.  The access driveway shall be designed and constructed to provide access for an articulated vehicle and shall be generally in accordance with Section 3 of AS 2890.2 and IPWEAQ drawing R-0052.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
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 AS2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
The common driveway shall be for access purposes except for the short term loading and unloading of heavy vehicles and passengers. No part of the common driveway shall be dedicated to permanent parking.
The common driveway and cul-de-sac shall be designed and constructed in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks with a minimum width of 8m AC kerb-kerb.
Loading Areas
The loading bays adjacent to each building shall be located such that sufficient space is provided to permit a vehicle to pass along the access aisle.
The loading bays shall be at least of sufficient size to cater for a Small Rigid Vehicle in accordance with AS2890.2-1989.
Car Parking
Carparking shall be provided within the site generally as shown on the following drawings prepared by:
Sprout Architects dated August 2007:
Building K – drawings, drawing number 07041 SD02 B,
Building B – drawings, drawing number 07041 SD04 B,
Building C – drawings, drawing number 07041 SD05 B,
Building D – drawings, drawing number 07041 SD06 B,
Building E – drawings, drawing number 07041 SD07 B,
Building F – drawings, drawing number 07041 SD08 B,
Building G – drawings, drawing number 07041 SD09 B,
Building H – drawings, drawing number 07041 SD10 B,
Building I – drawings, drawing number 07041 SD11 B,
Building J – drawings, drawing number 07041 SD12 B,
except as modified herein.
WG Architects:
Lot 1/100 Rene Street: Site Plan, drawing number DD-004 Revision 10 except as modified herein.
Car parking shall be shall be provided and designated in the following manner:-
a minimum of 195 car parking spaces shall be provided for the development with:-
a minimum of 8 spaces located adjacent to Building K to support the Education use on site;
a minimum of 187 spaces located adjacent to Buildings A – J to support the Industrial uses on site.
a minimum of 2 spaces shall be designated for disabled parking.  Disabled parking spaces shall be evenly dispersed across the site.
a minimum of the equivalent of 5 car parking spaces shall be designated for motorcycle and motor scooter parking, to accommodate a minimum of 20 spaces.  Motorcycle and motor scooter parking is to be evenly dispersed across the site.
The carparking area as shown on drawing titled Building K – drawings, drawing number 07041 SD02 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace number 9 is to be a dedicated turning area,
Carspace numbers 1 and 10 shall be dedicated as “staff”,
Suitable signage is to be provided at the entrance to the carparking area advising of the bicycle parking at the rear of the building.
The car parking area as shown on drawing titled Site Plan, drawing number DD-004 Revision 10 prepared by WG Architects shall be amended such that 18 car parking spaces are provided on site.
The carparking area as shown on drawing titled Building B – drawings, drawing number 07041 SD04 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace numbers10-13 to be dedicated as “staff”.
The carparking area as shown on drawing titled Building C – drawings, drawing number 07041 SD05 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace number 18 is to be a dedicated turning area,
Carspace numbers1 and 2 to be dedicated as “staff”,
Deleted.
The carparking area as shown on drawing titled Building D – drawings, drawing number 07041 SD06 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace numbers 4-7 to be dedicated as “staff”.
The carparking area as shown on drawing titled Building E – drawings, drawing number 07041 SD07 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Either one of carspace numbers10 or 11 is to be a dedicated turning area,
Deleted.
The carparking area as shown on drawing titled Building F – drawings, drawing number 07041 SD08 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace number 10 is to be a dedicated turning area,
Deleted.
The carparking area as shown on drawing titled Building G – drawings, drawing number 07041 SD09 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace numbers 4-7 to be dedicated as “staff”.
The carparking area as shown on drawing titled Building H – drawings, drawing number 07041 SD10 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace number 19 is to be a dedicated turning area,
The proposed disabled carspace shall be relocated to carspace number 3,
Carspace numbers 1 and 2 to be dedicated as “staff”,
Deleted.
The carparking area as shown on drawing titled Building I – drawings, drawing number 07041 SD11 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace numbers 10-13 to be dedicated as “staff”.
The carparking area as shown on drawing titled Building J – drawings, drawing number 07041 SD12 B prepared by Sprout Architects dated August 2007 shall be amended such that:
Carspace number 1 is to be a dedicated turning area,
Carspace numbers18-21 to be dedicated as “staff”,
Deleted.
All carparking areas, including accesses, aisles, manoeuvring areas etc shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1 for “staff” spaces and user class 3 elsewhere with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All disabled carspaces shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 4 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.3m.
All disabled carpark spaces shall be clearly defined by line marking each space with the words “Disabled Parking Only” and by sign posting each space with a similar wording.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All paths, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Construction Management Plan
A Construction Management Plan addressing all construction phases shall be prepared by a suitably qualified person and submitted to Council for approval prior to obtaining a Development Permit for Operational Works. The plan should aim to address every foreseeable problem eg: movements of excavation and construction machinery, building material deliveries, stockpiling of materials etc that is likely to occur during the construction process and include recommendation on how these can be overcome or minimised.
A Traffic Management Plan for the construction phases of the development shall be submitted to and approved by Council prior to the issue of any Development Permits for Operational Works.  The Traffic Management Plan shall include but not be limited to:
Indicate provision for on-site parking for the required workforce;
Indicate the location of any “holding” areas for heavy vehicles;
Operating hours; and
Haulage Routes.
Roof Water & Stormwater Drainage
Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum storage the greater of 5000 litres or 15 litres/m2 of roof area) that is installed to ensure water from the tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works / Operational Works approval and any overflow shall be directed to the stormwater drainage system.
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to the adjoining open space area. Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works. The drainage design shall be in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards – Roads, Drainage and Earthworks and QUDM. All components (pits, pipes, tanks, basins, scour protection etc) of the stormwater drainage system shall be wholly contained within the boundaries of the subject site.
As the surface levels of the site are to be altered, appropriate stormwater drainage pipes shall be installed within the site to collect and discharge stormwater runoff from all adjoining properties to prevent additional ponding/flooding on these properties.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the common driveway and carparking areas shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge into Council’s drainage system.
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/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the ongoing maintenance scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
The applicant shall revise the Stormwater Management Plan Parts A & B prepared by Barlow Gregg VDM reference M3048 dated December 2007 to use rainfall data for the subject site’s locality, Noosaville, and to detail a stormwater treatment train that can achieve the Water Quality Objectives for the site. This revised stormwater treatment train for the site shall ensure that nutrients can be adequately treated prior to release into the open space conservation areas. All stormwater runoff treatment must be undertaken within the development areas of the site. Water quality objectives for the site are as follows:
Suspended Solids < 15/50mg/L (median)
Total Nitrogen < 0.5mg/L (median)
Total Phosphorous < 0.05mg/L (median)
pH between 5.0 to 7.0
Turbidity < 30 NTU
Salinity < 1500µS/cm
The revised stormwater management plan shall also detail the design, construction and operational phases of the development required to ensure the stormwater system does not cause adverse impacts to the downstream open space areas. The applicant shall submit an amended plan for Council approval in conjunction with or prior to a Development Permit for Operational Works being issued.
The applicant shall submit to Council a report prepared by a suitably qualified ecologist that assesses the impacts of the revised Stormwater Management Plans on the downstream ecologically sensitive areas. The report shall be submitted in conjunction with or prior to a Development Permit for Operational Works being issued.
All site stormwater drainage shall be by means of a gravity system. No mechanical features are to be used to dispose of stormwater.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems via a gravity system and shall be constructed in accordance with Council’s standards and requirements at no cost to Council.
The existing and proposed sewer mains located within the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected from risk of damage no structures requiring a building permit (eg. buildings, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater.  As such the applicant shall amend Operational Works plans including Building plans to ensure compliance.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council. The service shall be configured as a fire service (hydrants and sprinklers) and a single domestic service (which includes the Fire Hose Reels).
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements (Sewer / Stormwater)
A registered easement shall be created over the zone of influence of all sewers within the subject site and over those parts of the subject site that are impacted upon by sewers on any adjoining sites.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
A registered easement shall be created over any stormwater drainage pipes within the site that collect stormwater from a Council road or convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding due to the subject site being filled).
No building or other structure shall be constructed or encroach over an easement.
Earthworks
Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Acid Sulfate Soils
As the site is located below the 5m AHD, any excavation works consisting of 100m3 or greater and/or any filling works consisting of 500m3 or greater and with an average depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils.  In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Contributions Required for:
Building No.	Proposed Lot  No	PSP12 – Public Open Space Contributions (Park) (Land dedicated in lieu under lot reconfiguration approval 2006/1594)	PSP16 – Sewerage Headworks Contributions	PSP20 – Pathway Trunk Network Contributions	TOTAL
A	1	Nil	$ 2,411	$ 2,130	$ 4,541
B	2	Nil	$ 2,031	$ 1,794	$ 3,827
C	3	Nil	$ 2,411	$ 2,130	$ 4,544
D	4	Nil	$ 2,031	$ 1,794	$ 3,829
E	5	Nil	$ 3,039	$ 2,685	$ 5,729
F	6	Nil	$ 2,920	$ 2,579	$ 5,505
G	7	Nil	$ 2,031	$1,794	$ 3,832
H	8	Nil	$ 2,411	$ 2,130	$ 4,549
I	9	Nil	$ 2,031	$ 1,794	$ 3,834
J	10	Nil	$ 2,668	$ 2,357	$ 5,035
K	11	Nil	$ 5,700	$ 655	$ 6,366
TOTAL =	Nil	$ 29,684	$ 21,842	$ 51,526
Note: These amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2010 until the date of payment.

All contributions must be paid prior to the commencement of use of development on the specified lot.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
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.
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
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”, including an external imperviously paved 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 is to be designed to prevent storm water entry to the sewerage system and 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.
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.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply with the cause above when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
Deleted.
Additional Conditions – 132007.1841.7 (February 2018)
Stormwater Drainage
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 the Site Based Stormwater Management Plan Reference STP17-0504 Revision B dated 20 October 2017 prepared by STP Consultants. The works must include in particular:
the works generally as shown on drawing number C301 Revision B dated 20 October 2017 prepared by STP Consultants, and
suitable horizontal and vertical clearances from existing services (stormwater and sewer)
the proposed connection to the existing drainage structure must not adversely impact on the performance of the structure or alternatively the discharge must be connected to the existing connection point provided adjacent to the northern boundary
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice and the approved landscape plan.  (*Refer advisory note)
Certification the landscaping works have been carried out in accordance with the conditions of approval and the approved landscaping plans must be provided to Council prior to the commencement of use.
Landscaping must be maintained in good order for the life of the development.
Landscape works must:
Delineate all planting to grassed area interfaces with a hardwood timber edge.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance. (for larger sites)
Trees species must:
A minimum pot size of 75 L where identified as Annotation 6 Harpullia pendula on the approved landscape plan.
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Have 100mm mulch collars applied to the root zone.
Have at least two supporting stakes and suitable flat ties applied to ensure adequate establishment and ensure no damage to bark by rubbing.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
referral agencies
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Building No. on Lot No.	Approved Use Class / Use	Approved Quantity
Business Centre Zone	2.084 ha Site Area (Vacant Land) Note: credit given per 2006/1594 applicable to “lot 3SP222982” for: Water & Sewer Headworks contributions paid; and Value of Pathway Trunk Network Contributions for trunk pathway sections constructed.	Building A on Lot 1	Industrial Business - Type 1 Warehouse & Type 2 Production	939 m2 ua
		Building B on Lot 2		791 m2 ua
		Building C on Lot 3		939 m2 ua
		Building D on Lot 4		791 m2 ua
		Building E on Lot 5		1,184 m2 ua
		Building F on Lot 6		1,137 m2 ua
		Building G on Lot 7		791 m2 ua
		Building H on Lot 8		939 m2 ua
		Building I on Lot 9		791 m2 ua
		Building J on Lot 10		1,039 m2 ua
		Building K on Lot 11	Education - Adult	363m² ua (50 students)
The applicant is informed that approval of this development application will trigger Infrastructure Charges in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amounts outlined in the following table:
Infrastructure Charge applicable for:
Building No.	Proposed Lot No.	CMRNICP AMOUNT
A	1	$35,631
B	2	$30,016
C	3	$35,631
D	4	$30,016
E	5	$44,928
F	6	$43,145
G	7	$30,016
H	8	$35,631
I	9	$30,016
J	10	$39,426
K	11	$43,362
TOTAL CMRNICP =	$397,818
Note: These amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2010 until the date of payment.
Infrastructure Charge Notices will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Digital detailed designs including drawings, calculations, specifications etc, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.  The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:-

The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
8. 	This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
Infrastructure contributions/charges for infrastructure networks that have not been included and issued on this Material Change of Use approval will be assessed and issued on subsequent Development Permits for Building Works in accordance with the legislation current at that time
Additional Advisory Notes - (Change dated 16 February 2018 applicable to Lot 1)
Infrastructure Charges
This Change to an Existing Approval 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 and relates only to the Public Transport and Stormwater networks previously not included in the original approval. It is payable in addition to the original Infrastructure Charge Notice 977 (Coastal Major Road Network) and Condition 76 contributions issued under the original development permit.
Qualified Person
Qualified Person, for the purpose of supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required

Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, Access and/or Carparking, Stormwater Drainage and Erosion & Sediment Control

submissions
Not Applicable
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(Refer to Schedule 1 of the Planning Act 2016)
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
229 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
230 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
231 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court.

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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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ee) NOOSA COUNCIL