APPROVED Negotiated Decision Notice MCU16/0066

Officer:	Lisa Pienaar
Direct Telephone:	07 53296241
Our Reference:	MCU16/0066:
Your Reference:	163161

24 July 2017

Hass Holdings Pty Ltd Tte
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009
I refer to your application and the representations you made in respect to the decision notice. On 20 July 2017 Council decided your representations.
Details of the decision are as follows:
application details
Application No:	MCU16/0066 & OPW16/0133
Street Address:	6 Taylor Ct COOROY  QLD  4563
Real Property Description:	Lot 3 SP 197517
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 19 January 2017 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages
Development Permit for Operational Works - Signage
In relation to representations made, Council on 20 July 2017 decided to:
Agree to change condition/s 2 and 27 (e).
Agree to delete condition 27 (k)
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA-02	P5	Site Plan, prepared by Red Dog Architects	19/10/2016
DA-05	P5	North Elevation, prepared by Red Dog Architects	19/10/2016
DA-06	P5	South Elevation, prepared by Red Dog Architects	19/10/2016
DA-07	P5	East & West Elevations, prepared by Red Dog Architects	19/10/2016
DA-08	P5	Signage Plan, prepared by Red Dog Architects	19/10/2016
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of Development Permit for Operational Works for any civil works.
Built form
The building design must be amended to include architectural design features that reflect the hinterland/village character of the locality. Design outcomes such as traditional roof form, timber framed windows, eaves and the like must be included.
The development must include a tourist kiosk which includes but is not limited to an interpretive map promoting the opportunities in Cooroy, Pomona, Cooran and Kin Kin localities, the Noosa Country Drive and Recreational Vehicle Stop over locations. The kiosk must have a minimum floor area of 10m². The content and design of the kiosk must be submitted to Council prior to the issue of an operational works approval for any civil works.
Nature and Extent of Approved Use
The approved Gross Floor Area of the Service Station and Convenience Shop is 195m².
The approved Use Area of the Entertainment and Dining Business is 255m² including the outdoor dining area.
The development may operate 24 hours.
The development must include an electric charge station.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works for any civil works (or landscaping). The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
The development must be landscaped generally in accordance with the approved site plan, Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines and an Operational Works approval and must include in particular:
a.	the 5m wide garden and associated larger corner gardens along the Holts Road frontage must be densely landscaped with suitable low to medium height plantings
b.	the 5m wide garden along the northern and western boundaries must be densely landscaped to help mitigate light emanating from the site at night. The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 10 metres and a maximum spacing of 4 metre centres.
c.	five (5) x 45 litre street trees evenly spaced in the Taylor Court road reserve fronting the site.
Earthworks
All earthworks, associated batters and retaining walls must be undertaken in accordance with an Operational Works approval, and must in particular:
a.	be carried out in accordance with a site-specific Geotechnical Investigation Report prepared by a suitably qualified person*
b.	be undertaken in compliance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments
c.	all fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Site Access and Driveways
Sealed access driveways must be provided from Taylor Court to all parking and maneuvering areas of the development generally in accordance with the approved plans. The works must be undertaken in compliance with an Operational Works approval and must include in particular:
a.	a driveway crossover generally in accordance with the approved plans and standard drawing SEQ R-051 with a width not exceeding 9.0m at the boundary line
b.	traffic restriction signage to identify Exit Only and Entry Only requirement in accordance with approved plans
c.	grades and configuration that demonstrate smooth maneuvering and adequate ground clearance (no bottoming down) for for all vehicles and particularly for fuel tankers, articulated vehicles, heavy rigid vehicles along the vehicles traveling paths
d.	finished levels and grades to match the existing concrete pathway along the frontage of the site
e.	any landscaping, retaining walls, fences and fixtures near the access entry point must comply with AS 2890.1 requirements for sight visibility for pedestrians and cyclists at driveways
f.	adjustment to any affected utility services in accordance with the requirements of the relevant service provider.
Car Parking
A minimum of 33 car parking spaces and 4 motor cycle spaces must be provided and marked on the site generally in accordance with the approved plans and in compliance with Australian Standard AS2890: Parking Facilities for User Class 3A Table1.1.  The works must be undertaken in accordance with an Operational Works approval and must include in one (1) disabled parking space within the total.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Prior to the submission of any Operational Works application, the applicant must provide a Traffic Management Plan for the refuelling procedure that demonstrates no adverse impact on traffic movements in Taylor Court or on the internal traffic within the site.  The plan should include any necessary time restrictions to be implemented on refuelling operation schedules to address the potential of adverse impact on traffic.
All driveways, cars, motor cycles and bicycles parking areas must be line marked in accordance with approved plan/s.
External Works Frontage Reinstatement Works
Frontage and external works be undertaken in accordance with an Operational Works approval and must include in particular:
a.	an extension to the existing concrete footpath to a new pram ramp facing south direction at the intersection of Taylor Court and Holt Road in compliance with current engineering standard drawings
b.	all redundant driveways to the site must be removed and the kerb, footpath and verge area are reinstated to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
c.	replacement of any removed street trees
d.	all necessary linemarking and other traffic measures in Taylor Court and its intersection with Holts Road to improve traffic safety and address any potential adverse traffic impacts caused by the increase in traffic generated by the development.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	signage and lighting at strategic locations to direct people to building entries.
b.	any required pedestrian refuge areas within the carpark to ensure safe and convenient pedestrians movements within the site.
c.	a total of 9 bicycle parking spaces and 5 end of trip lockers.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Any requirement by a service provider to alter, upgrade or encase an existing service within the work site must be carried out at the applicant’s expense.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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 the Queensland Urban Drainage Manual, and must include in particular:
a.	No adverse impact on other properties and the road’s footpath and grassed verge (e.g. by diverting flows and/or blocking flows and causing additional ponding)
b.	The use of gravity stormwater drainage only and not surcharge pits or pumps.
c.	collection and discharge of stormwater to Taylor Court.
d.	A stormwater detention system to manage peak flows for all storms up to and including 1 in 100 years storm event
e.	A stormwater quality treatment system. The stormwater treatment must generally be in accordance with the Stormwater Management Plan for Highway Service Centre Cooroy, project number 161968 by Covey Associates, dated October 2016 except where alteration to the inclusion of proprietary water quality treatment devices are necessary to achieve the following objectives as predicted in MUSIC modelling in accordance with the Water by Design MUSIC modelling guidelines.
	State Planning Policy	SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments (SEQ Water 2012)
Total Suspended Solids	80% reduction compared to an unmitigated development	No increase in pollutant loads compared to a Vacant Industrial Allotment
Total Phosphorous	60% reduction compared to an unmitigated development	
Total Nitrogen	45% reduction compared to an unmitigated development	
Where proprietary water quality treatment devices are included within the stormwater quality treatment strategy, evidence of a signed contract for a minimum period of 10 years for maintenance of the proprietary stormwater quality treatment device must be provided to Council prior to commencement of use.
f.	The development must include bins with educational signage material to encourage patrons who purchase items that generate gross pollutants to dispose of such items appropriately, and not where they may enter stormwater systems.
g.	Stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations or Water by Design maintaining vegetated stormwater assets guidelines. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retrofitted into the development to achieve an equivalent pollutant reduction outcome.
h.	All primary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept for 5 years and made available to Council upon request.
i.	The ongoing maintenance plan for the development must include the operations and maintenance manual for the water quality device/s and must include the full cost of maintaining the system. This maintenance plan must be provided as part of the subsequent operational works
j.	The development must not cause an increase in peak flow runoff in 1, 5, 50 or 100 ARI events. The subsequent application for operational works must include calculations and designs to demonstrate how this condition is achieved.
Stormwater Harvesting
Operating rainwater collection tanks must be provided as identified in section 4.2 of the Stormwater Management Plan For Highway Service Centre Cooroy, project number 161968 by Covey Associates, dated October 2016. The tanks must be provided in accordance with a Building Works approval for above ground tanks, or operational works approval for below ground tanks and provide for re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Prior to commencement of use, certification must be submitted to Council from a qualified person* which certifies that the rainwater collection tank/s and associated reticulation has/have been installed in accordance with the requirements of this Decision Notice.
*(Refer to Advisory Note)
ENVIRONMENTAL HEALTH
Development Code – Hazardous Industry
The design, specifications and construction of the Manifest Quantity Workplace (MQW) storage and dispensing of petroleum products (Service Station) is to comply in all respects with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland(WHSQ)
Certification must be provided to Council from a suitably qualified person* which certifies that the design, construction, operation and safety of the MQW (specifically including the design and operation of the stormwater quality improvement device: treatment tank/Stormwater 360 pods filter cartridges & detention tank) complies in all respects with the WHSQ Code prior to commissioning the site.
A suitably qualified person* is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products.
Environmental Protection – General Environmental Duty S319
A copy of this decision notice must be kept on site in a location readily accessible to personnel carrying out this activity.
Notwithstanding any other condition of this decision notice, this notice does not authorize any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property.
Underground Tanks
The underground petroleum storage system (UPSS) must be designed by a suitably qualified person** with relevant industry experience, and a copy of the design certification must be provided to Council prior to issue of development permit for operational works.
Underground tanks must be non-corrodible and be constructed of either:
a.	fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product; or
b.	a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall with an interstitial space between the 2 walls.
Underground tanks must be double walled and have an interstitial space between the two (2) walls of the tanks that is capable of being monitored for any breach of either the inner or outer wall of the tank.
All tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures or the equivalent.
A Certificate of Compliance must be provided by the manufacturer of the tanks to Council prior to the commissioning of the tanks for service.
An overfill protection valve must be installed in the drop tube of the tank and calibrated to prevent the tank from being filled in excess of 90% of its capacity. An overfill alarm must be installed to visually and audibly alert persons in the vicinity of the tank.
Leak Detection UPSS
The leak detection system of the UPSS must:
a.	detect a leak from any portion of the underground storage system
b.	use equipment that has been installed, calibrated and commissioned in accordance with the manufacturer's instructions
c.	be capable of detecting a leak at a rate of 0.76L per hour or more with at least 95% accuracy and a probability of false detection of 0.05 or less (United States Environmental Protection Agency (USEPA)
d.	be certified by an independent third party, consistent with the current USEPA protocols and system of verification (USEPA 1990, 40 Code of Federal Regulation Part 280, Subpart D)
A Certificate of Compliance must be provided by the independent third party that the UPSS leak detection system is consistent with the current USEPA protocols and system of verification and be provided to Council prior to the commissioning the UPSS.
Leak Detection System for Underground Tanks
The following leak detection systems must be used for the underground tanks:
a.	statistical inventory reconciliation (SIR) that includes a software-based system where daily tank dip readings, delivery records and sales records are entered onto a proprietary software package; or
b.	automatic tank gauging (ATG) that includes an automatic system using an arrangement of sensor probes and other devices that monitor the underground petroleum storage system and provide inventory information and leak testing;
c.	a tank pit observation well at the lowest point of each tank excavation pit.
Leak detection systems for the underground pipework must include:
a.	electronic line leak detection (ELLD) for pressure piping; or
b.	safe suction for suction piping;
c.	for remote fill lines, a statistical inventory reconciliation system to monitor leaks in the fill lines.
All underground pipework must be made of approved, non-corrodible materials which include either:
a.	fibre-reinforced thermosetting resin composite (fibreglass) compatible with the product to be transferred; or
b.	flexible plastic meeting the requirements of UL971 Standard for non-metallic underground piping for flammable liquids.
All product piping must have secondary containment consisting of double-walled piping with an interstitial space.
A Certificate of Compliance must be provided by the manufacturer certifying that the pipework meets the Standard and be provided to Council prior to the commissioning the UPSS.
Fill/Vapour Recovery Points
Each tank fill point must be:
a.	clearly labelled and identified in compliance with AS 4977-2008 Petroleum products - Pipeline, road tanker compartment and underground tank identification
b.	fitted with a camlock type or other liquid-tight connection
c.	provided with spill containment of at least 15L capacity per spill point.
All fill and vapour recovery points must be earthed in compliance with AS 1020-1984 The control of undesirable static electricity and AS 3000-2007 Electrical installations.
Monitoring
Monitoring of the interstitial space of the double walled tanks or product piping must be capable of detecting a release through either wall of the tank or product piping.  A 6-monthly inspection program conducted by a suitably qualified and experienced person is required to monitor the following:
a.	the system is active;
b.	leak detection measurements (e.g. liquid levels or pressure levels) are within manufacturer’s tolerances;
c.	leak detection measurements are recorded;
d.	any loses outside the manufacturer’s leak detection tolerances are to be reported to council in writing and the tank owner immediately.
Fuel Dispensing Area (FDA)
The FDA must be covered and designed and constructed to ensure that no vehicle may be refuelled outside the delineated area.
The FDA must be designed and constructed so as to prevent the entry of watershed from overland stormwater flows entering the fuel dispensing forecourt.
All ground surfaces within the FDA must be constructed of impermeable materials free of gaps and/or cracks. Suitable materials include waterproofed, reinforced concrete or an approved equivalent.
The FDA must be clearly demarcated from the outer forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.  Acceptable demarcation methods include a painted line on the ground, roll-over bunds, drainage lines or different coloured impermeable material.
The canopy installed over FDA must be designed to minimise the amount of rain entering the dispensing area and must overhang by a horizontal distance of at least one-quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area as per drawing B16239-CSK01.
Stormwater from roofed areas must be directed away from the FDA catchment.
The area within the FDA must be graded and drained to a containment vessel (or collection sump) with no connection to stormwater or sewer or above ground detention tank (i.e. a ‘blind sump’). Acceptable materials of construction include precast concrete with a minimum certified design life of 50 years, designed in accordance with AS 3600-2009 Concrete structures.  Other materials of construction may be used where approved by Council.
The containment vessel must have a capacity to hold a volume equivalent to at least that of the largest tanker compartment likely to be delivering fuel to the site plus an allowance for windblown rain (i.e. no less than 10,000litre capacity).  Windblown rain allowance in m3 (Vr) can be calculated using the following equation: Vr = 0.005 x 3 x Po where Po is the total length of the open perimeter of the canopy in metres.
Signage indicating the rate of flow must be provided for drainage inlets in the FDA.  Examples include 'Flows to blind sump', or 'Flows to containment facility'. Signage is to be painted or otherwise indicated around the drain inlets.
Where fuel deliveries are intended within the FDA, the standing area must be clearly demarcated and graded to the FDA containment vessel as per drawing B16239-CSK01.
A liquid-tight dispenser sump must be installed under each dispensing unit.  It is to be designed to house all pipework joins and fittings and to collect and contain any leak from contaminating the surrounding soil/groundwater.
Uncovered Forecourt Area (UFA)
All ground surfaces of UFA liable to contamination from vehicular activities must be constructed of impermeable materials, free of gaps or cracks. Suitable materials include asphalt, waterproofed, reinforced concrete or an approved equivalent.
Signage indicating the rate of flow must be provided for drainage inlets in the UFA.  Examples may include 'flows to stormwater treatment system' or 'flows to creek'.  Signage is to be painted or otherwise indicated around the drain inlets.
Road tanker delivery stands located within the UFA must be clearly demarcated and sited away from buildings, traffic areas, dispensing areas and emergency escape routes.  The road tanker delivery stand is to be normally drained to the UFA stormwater quality improvement device (SQUID), however, diversion valves are to be engaged during fuel delivery operations to divert drainage to the FDA containment system (blind sump).
Stormwater Quality Improvement Device (SQUID)
All stormwater from UFAs must be captured and drained to the approved SQUID.
The SQUID (treatment tank/ Stormwater 360 pods filter cartridges & detention tank) intended to be installed as part of the stormwater drainage system for the UFA, must incorporate the following design measures as a minimum:
a.	steel bars or trash gates with at least 20mm spacing;
b.	filtration devices such as sand filters or gross pollutant traps capable of removing litter (diameter greater than 5mm) and at least 70% of fine sediments (>125µm).
c.	a wastewater treatment device, such as an oil and hydrocarbon separator, triple interceptor or equivalent, capable of removing droplets larger than 60µm (i.e. corresponding to outlet discharge of approximately 15mg/L) and to a point where there is no visible sheen or odour on stormwater.  This device is to be able to meet these requirements during a storm up to the 2 year ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
d.	flow cut-off valves are to be installed at the outlet from the separator to use in case of an emergency or cleaning operations.
e.	be maintained in accordance with the manufacturer’s recommendations.
f.	be engineered to ventilate any likely hazchem vapour and make a safe working environment in accordance with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland.
Equipment Integrity Test (EIT) of UPSS
An EIT of the UPSS is to be conducted by a duly qualified person in accordance with the manufacturer’s written instructions specific to the UPSS.
The EIT must be capable of detecting a leak of 0.38 litres per hour, with a probability of detection of at least 95% and of false detection of 5% or less in accordance with AS 4897–2008 – The design, installation and operation of underground petroleum storage systems.
The EIT must be a nationally approved and certified method of testing that meets, at a minimum, the requirements or certification standards of the United States Environmental Protection Agency (USEPA 1990).
The EIT of the UPSS must be undertaken at the following times :
a.	immediately before commissioning the new UPSS
b.	immediately following any modification to the UPSS
c.	immediately following installation of re-used equipment
d.	immediately following any equipment retrofit
e.	immediately following any repair to UPSS equipment
f.	where the leak detection systems indicate failure
g.	where there is only one method of leak detection system in use
h.	where there is evidence of a leak
i.	when requested by Council
The results of any EIT must be provided to Council upon commissioning the UPSS and as requested by Council and must provide as a minimum the following information:
a.	equipment identification number
b.	location and date of test
c.	results of test and test method
d.	certification by and details of testing company or individual
e.	discussion, conclusion and any remedial actions proposed, implemented and timetable for compliance.
Stage 1 Vapour Recovery
Each underground storage tank is to have:
a.	vapour return lines that return all vapour displaced from the storage tank to the delivery tanker;
b.	vapour-tight couplings on the vapour line that close automatically when disconnected;
c.	liquid-tight couplings on the liquid transfer hoses;
d.	incompatible liquid and vapour couplings;
e.	spill containment enclosures for the storage tank fill connection point;
f.	secure seals on tank filling pipes and vapour return pipes that minimise vapour leaks when the pipes are not in use;
g.	submerged fill pipes, so they terminate below the suction inlet used for pumping petrol out of the storage tank;
h.	overfill protection devices (float vent valves) fitted to shut off the petrol flow at the level advised by the tank manufacturer;
i.	overfill prevention devices (mechanical or electronic) that slow delivery of petrol into the storage tank as the level in the storage tank approaches the design fill level – the devices should be positioned to stop the petrol flow before the float vent valve operates;
j.	secure seals on any dip hatch openings;
k.	a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe. Similar devices are permitted, but will only be accepted by Council where they are shown by an independent certifier to perform the same duty.
Ground Water Monitoring Well
At least two (2) ground water monitoring wells must be installed on site for the purposes of monitoring ground water for the presence of contaminants.
The design and installation of ground water monitoring wells must be by a suitably qualified person experienced in designing and/or installing groundwater monitoring wells.
The location of the ground water monitoring wells must be installed to maximize the likelihood that the wells will intercept contaminated ground water whatever the ground water flow conditions.
The ground water monitoring wells must be:
a.	installed and operational before use of the UPSS commences
b.	sealed to exclude surface water, clearly marked to indicate their presence and properly secured
The ground water in the monitoring wells must be tested for petroleum contaminants immediately after either:
a.	the discovery whether by routine test or otherwise that ground water may be contaminated by petroleum originating from the property
b.	the discovery whether pursuant to the loss monitoring procedure for the system or otherwise that the system has a leak
c.	when requested by Council
De-commissioning of the UPSS
Where more than 2 years lapses since a tank were decommissioned, the UPSS must be permanently removed in accordance with the relevant Australian Standards and Workplace Health and Safety Qld requirements.
Certification must be provided to Council confirming the UPSS de-commissioning was conducted by a suitably qualified and experienced person, and that removal, transportation and disposal was in accordance with the Standards and legislation.
At the time of abandonment of any UPSS the site must be investigated for contamination.  An assessment report must be prepared by a suitably qualified and experienced person (as required under the Environmental Protection Act 1994) to verify the site has either met remediation criteria or is suitable for continued and future use.  The assessment report must be submitted to Council no later than 60 days of either the:
a.	decommissioning of an UPSS if no soil or ground water remediation is required
b.	completion of any remediation associated with the decommissioning of an UPSS if remediation is required.
All records associated with the decommissioning of UPSS must be maintained for a period of 7 years after removal of the UPSS.  These records must be provided to future owners/operators of the service station and property, as part of ensuring all practicable measures have been implemented to prevent site contamination.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc.) a suitably qualified person is either:
a.	a Registered Professional Engineer of Queensland, or
b.	an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
Compliance Certification Required for UPSS
Notwithstanding any other condition of this Decision Notice, a Certificate of Compliance issued by a suitably qualified person* must be provided to Council prior to commissioning the operation of the UPSS, that certifies the design, installation, construction and operation of the underground petroleum storage system (Service Station) complies in all respects with the conditions of this Decision Notice and any relevant Australian Standards, Standard Test Procedures and Codes referred to herein.
* A suitably qualified person is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products and underground petroleum storage systems.
Air
Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to cause a nuisance must not be emitted beyond the boundaries of the premises.
Incineration or open burning is not permitted on the premises.
Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to cause a nuisance must not be emitted beyond the boundaries of the premises.
When requested by Council, an Air Quality Assessment Report (AQAR) characterising, monitoring and recording of nuisance emissions must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by odours, dust, smoke, fumes, particulates or other contaminants from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with relevant guidelines and Standards.  The report must be submitted to Council detailing the results of such monitoring and recommendations for control measures to eliminate nuisance air emissions from the operation of the premises.
Outdoor Lighting
Lighting associated with the use must be designed, sited, installed and tested to comply with the Rubidium Light Cooroy Highway Service Station Lighting Plan Environmental Mitigation report of 13 October 2016 and conditions of this Decision Notice.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the report at the time of commissioning.
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided throughout the car park and within each tenancy to reduce littering. Bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
OPERATIONAL WORKS FOR SIGNAGE – OPW16/0209
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans:
a.	2 pylon signs
b.	2 wall signs (building signs)
c.	2 awning face signs (fuel canopy signs)
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (i.e. third party advertising).
The approved signs must not exceed the dimensions and sign areas as shown on the Approved Plans. In this regard the pylon sign indicated as S1 on the approved plans must be reduced to a maximum sign face area of 4m².
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved signs must not be illuminated in any way except for 1 wall sign (building sign) and the pylon signs which may be illuminated.
The approved illuminated signs must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
referral agencies
Not Applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
To assist the community in making healthy lifestyle choices, Council strongly encourages the developer to consider tenanting the Entertainment & Dining Business Type 1 – Food & Beverages with local businesses that provide principally healthy food options.
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 (ACH Act).
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 ACH 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 National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/chargers), water saving devices and rainwater harvesting and reuse. For further information go to http://www.noosa.qld.gov.au/sustainable-homes.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
The applicable Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit for operation works.  Where payment of the levy is required, Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the Building and Construction Industry (Portable Long Service Leave) Act 1991 and its amendments, you should contact QLeave on 1800 803 481 (free call), (07) 3212 6855 or refer to http://www.qleave.qld.gov.au.
Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
traffic management during all aspects of the construction phase including:
i.	a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
ii.	maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
HYDROLOGY
Qualified Person
For the purpose of certifying that the design of the stormwater harvesting tanks is in accordance with the requirements of this Decision Notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
For the purpose of preparing an Acid Sulphate Soil and Groundwater Management Plan, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland (RPEQ); or
a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
ENVIRONMENTAL HEALTH
Underground Petroleum Storage System
All instruments, equipment and measuring devices used for measuring or monitoring in accordance with any condition of this notice, must be calibrated, operated and maintained in accordance with the manufacturer’s specifications.
There must be no change, replacement or operation of any plant or equipment installed, if the change, replacement or operation increases or is likely to substantially increase the risk of environmental harm.
Stage 2 Vapour Recovery
Any installation of equipment (dispensers and pipework etc) for motor spirit/petrol intended to meet Stage 2 VR requirements should comply with the following:
NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations and,
a stage 2 vapour recovery system approved by the German TÜV with a visual indicator that the vacuum operates when fuel is dispensed. The approval must be in accordance with the provisions of Ordinance on the Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor Vehicles – 21, BImSchV (section 3, paragraph 6) [2002], and
a hydrocarbon capture efficiency of not less than 85% vapour recovery to liquid dispensed by volume as measured using a test for active vapour recovery systems in Verein Deutscher Ingenieure (VDI) specification 4205.
Electric Charge Station
All electrical wiring associated with the electric charge station must comply with AS 3000-2007 Electrical installations and/or AS / NZS 60079.14:2009 Explosive atmospheres Part 14: Electrical installations design, selection and erection
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Act) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit in the approved form.
A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.  Environmental harm is defined as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.
Persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
The development must not cause any interference with the environment or amenity of the area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants 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 under the Act apply for such offences.
Noise from building works associated with commercial and or industrial development should comply with the following –
limited to between 6:30am to 6:30pm Monday to Saturday.
all reasonable measures are taken to minimise noise emissions.
not permitted on Sunday or public holidays
A contaminant (including a waste) must not:
be buried at the premises
be in contact with soil at the premises
directly or indirectly seep or penetrate into the soil
(eg. liquid waste, gas cylinders or hazardous fines must not be disposed of into an industrial or domestic waste bin.
Regulated wastes (inc. oily water/spilt hydrocarbons etc) contained in the forecourt spill containment sump/vessel should only be removed by a regulated waste contractor.
Wastewater and other liquid waste should be discharged to sewer or transported to an approved hazardous waste facility.  The operator must comply with the conditions of any current trade waste permit and/or conditions to collect and transport regulated waste to an approved hazardous waste facility.
Food Business Licence Approval
Where any food business is included in the development, the following is required:
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food Business License from council’s Environmental Health Section prior to use of those premises.
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
Plans and approval is required for any mechanical exhaust ventilation system, which must comply with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings”.  Certificates must be provided certifying the system (Form 15 & 16) complies with the Standard and be lodged with council prior to commencement of trade.
Certification by a suitably qualified person* that the plan design and/or installation and operation of the mechanical exhaust ventilation system, complies with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” and the requirements of this Decision Notice must be submitted to council.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation.
Mechanical Exhaust Ventilation System – Food Preparation Area
For the purpose of certifying the kitchen mechanical exhaust ventilation system, a suitably qualified person is :
a Registered Professional Engineer of Queensland;
the manufacturer for the purposes of certifying the Building Act 1975 Certificate Form 15
a Qld Building Construction Commission Licenced Building Certifier or a Registered Professional Engineer of Queensland for the purposes of certifying the Building Act 1975 Certificate Form 16
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All Building Work)
Development Permit for Operational Works (Earthworks, Stormwater, Access and Parking, Roadworks and Landscaping)
self assessable codes
Advertising Devices Code
submissions
There were 2 properly made submissions about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The proposal will fill a gap in highway based service centres and service the needs of the travelling public including assisting with driver fatigue management.
The site is located on the periphery of the Lake Macdonald catchment and is currently committed for some industrial development under The Noosa Plan.
The proposal will incorporate best practice water quality management to reduce the potential impact on water quality in the Lake Macdonald catchment
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
.
DECISION NOTICE HISTORY Original Decision Notice 19 January 2017 Negotiated Decision Notice 20 July 2017, with an amendment to conditions 2 & 27 (e) and delete condition 27 (k)

Yours faithfully

Kerry Coyle
Manager, Development Assessment

cc	Unitywater

Enc:	Infrastructure Charge Notice
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address	Email
L & D Springall	230 Ocean View Rd ,COOROY  QLD  4563	[email protected]
P & J Fitzgerald	201 Ocean View Rd, COOROY  QLD  4563	[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

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

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

[word/footer1.xml]
PD-DA-FM387/1-13/04/2010	Page 10 of 3

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 24

[word/footer3.xml]
Page 2 of 24

[word/footer4.xml]
PD-DA-FM387/1-13/04/2010	Page 1 of 3

[word/header3.xml]
MCU16/0066

[Attachment: image3.png (image text)]
K Coy fs


[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL