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DEVELOPMENT APPLICATION
MATERIAL CHANGE OF USE FOR
PROPOSED NEW COMMERCIAL BUILDING -
BUSINESS ACTIVITIES
2 Emerald Street
COOROY QLD 4563


PROPOSAL REPORT
Addressing Issues of the Noosa Plan 2020 & Planning Act 2016




Prepared by:
WILTSHIRE STEVENS ARCHITECTS Pty Ltd
32 Thomas Street
WEST END QLD 4101
TELEPHONE: (07) 3891 1811
EMAIL: [email protected]
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Page 2

TABLE OF CONTENTS
1.0   SUMMARY

2.0   SITE DETAILS

3.0   PROPOSED DEVELOPMENT DETAILS

4.0   STATE PLANNING PROVISIONS

5.0   STRATEGIC FRAMEWORK

6.0   SUMMARY OF SUPPORTING INFORMATION

7.0   NOOSA COUNCIL PLANNING SCHEME COMPLIANCE

      7.1   District Centre Zone Code
      7.2   Cooroy Local Plan Code
      7.3   Business Activities Code
      7.4   Heritage Overlay Code

8.0   CONCLUSION

      APPENDICIES
      Appendix 1 – Noosa Council Property Details
      Appendix 2 – Existing Site Survey Plan
      Appendix 3 – State Assessment & Referral Agency Report
      Appendix 4 – Previous Development Approval MCU14/0091

Page 3

1.0 SUMMARY
1.1 Development Application Details
 Proposed Development:            Proposed new 2 Storey Commercial Building with
                                  associated ancillary carparking.
 Type of Approval sought:         Development Permit for Material Change of Use –
                                  Business Activities (Office)
                                  Note: Possible future change to Health Care Service
                                  or Food & Drink Outlet as Accepted Development.
 Site Address:                    2 Emerald Street
                                  COOROY QLD 4563
 Real Property Description:       Lot 47 on C.5602
 Site Area:                       1011m2
 Assessment Manager:              Noosa Council
 Owner / Applicant Details:       Queensland Property Developments Pty Ltd
                                  c/- Wiltshire Stevens Architects Pty Ltd
 Owner / Applicant Details:       Alwyn Theresa Durrington, Brian Henry Durrington and
                                  Karl Schimann Smith
                                  (under contract to the Applicant)


1.2 Planning Instrument Details
State Planning Policy:            State Planning Policy 2017
Regional Plan:                    South East Queensland Regional Plan 2017 -
                                  Urban Footprint Land Use Category
Planning Scheme:                  Noosa Plan 2020
Applicable Preliminary            There is no preliminary approval applicable for this
Approval:                         application.
Strategic Framework:              Urban Area designation under the Strategic
                                  Framework Map of the Noosa Plan 2020
Zone:                             District Centre Zone
Level of Assessment:              Code Assessment
Applicable Overlays:              Heritage Overlay -
                                  Subject site adjoins a designated Character Area only
Applicable Codes:                 Refer preceding Table of Contents-
                                  7.0 Noosa Council Planning Scheme Compliance


1.3 Referral Agencies
Referral requirement                               Referral agency and role
No referrals are applicable in this application.

Page 4

2.0 SITE DETAILS
2.1 Site Description
The subject site is located at 2 Emerald Street between Maple and Wattle Streets in
Cooroy. It is a conventional rectangular shaped site of approximately 20m x 50m with a
northern aspect to Emerald Street (principal frontage) and a southern aspect to
Wimmers Lane (secondary frontage). There is a moderate fall towards Emerald Street.
The site has been cleared and is currently vacant.




Figure 1: Locality Plan
Source: Google Maps

Page 5

Site                                                       Description
characteristic
Existing land use        Vacant Land
Frontage and             Emerald Street is the principal frontage – 20.117m length.
access                   The site also has a secondary frontage to Wimmers Lane.
                         All vehicle access to the site is from Wimmers Lane.
Topography               The site has an approximate 2.7m fall from Wimmers Lane to the Emerald
                         Street frontage – refer Survey Plan Appendix 2.
Existing vegetation      The site is clear, generally devoid of trees and vegetation.
Flooding                 The site is not identified as being subject to flooding.




Figure 2: Aerial Photograph
Source: Noosa City Plan Interactive Mapping




Figure 3: Subject Site from Emerald Street Principal Frontage
Source: Google Images

Page 6

 

   

Figure 4: Subject Site from Wimmers Lane
Source: Google Maps

Page 7

2.2 Surrounding Land Uses
The subject property is bounded by the former Baptist Church (c.1942) on the west,
now used as an Accountants and Auditors office. To the east are shops and
commercial buildings along Maple Street included in Council’s Heritage and Character
Area Overlay. It is an approximate 376m walk to the Cooroy Train Station in Elm
Street.

This site can be considered as part of the Cooroy Commercial Business Centre as
reflected by the District Centre zoning under the Noosa Plan 2020. The proposed
development and uses will compliment and support the locality.

Surrounding Land Uses                      Photos

  East    24-36 Maple Street

          Commercial - Shops




 West     4 Emerald Street

          Commercial - Offices

Page 8

3.0 PROPOSED DEVELOPMENT DETAILS
On the vacant land it is proposed to build a 2 storey Commercial Building for Business
Uses in line with the zoning. This application seeks maximum flexibility for the tenant
uses.

The public frontage of the building at Emerald Street has an upper level balcony with
recessed shopfront below behind landscaping. A cantilevered awning provides weather
protection from pedestrians and ties the building form to nearby commercial premises.
Carparking is located at ground level under the building with the only vehicular access
being from Wimmers Lane, the lowest order road.

Table: Summary of Development Aspects
Material Change of Use
                                             Business Activities - Office – Code
Use
                                             Assessment
                                             Note: Flexibilty intended for possible future
                                             change to Health Care Service or Food &
                                             Drink Outlet as Accepted Development.
Site Area                                    1011m2

Building height                              2 Storey <8.5m
                                             (8m maximum above Ground Floor Level)

Site coverage                                Approximately 43.8%

Floor Area                                   472m2 total.

Carparking                                   Space for 23 vehicles including a PWD
                                             Carpark nearest the building entry. There
                                             is also a Loading Bay for SRV service
                                             vehicle.

Site access                                  Driveway access is from Wimmers Lane.

Building or Operational Work

Building work                                Building Works associated with the
                                             proposed Material Change of Use.

Operational work                             Works associated with servicing and
                                             infrastructure for the proposed Material
                                             Change of Use. This Development
                                             Application is not for specific Operational
                                             Works.



It is noted a similar development was previously approved for this site (application
reference MCU14/0091) and this precedence should be taken into consideration.

Page 9

Overall, it is considered that this proposed development is consistent with the planning
scheme’s intent for the District Centre zoning, on the following basis:

   •   The proposal provides for a variety of uses, activities and employment to serve
       a district of the Noosa Shire. Intended uses are compatible with the centre’s
       role and function.

   •   The proposal complements and does not undermine, the role and function of
       other nearby businesses.

   •   Development will contribute to the economic activity and vibrancy of the
       business centre.

   •   The proposal reflects a form, bulk and scale that is in keeping with that
       intended for the area. It is complimentary / compatible with adjoining buildings
       and adds to the pleasant community feel.

   •   The proposal has a high level of architectural merit and contributes positively to
       the activation of Emerald Street and the character of the centre.

   •   The proposed street awning and recessed landscaped shopfront improves
       accessibility for pedestrians.

   •   The proposal considers and avoids adverse impacts on the amenity of
       surrounding premises.

   •   Development is supported by current infrastructure and does not compromise
       the future provision of planned infrastructure.

This development proposal is a well-considered response to the benefits and
constraints of the site and will add to the diversity of development permitted within the
zone. We also rely on general compliance with other aspects of the planning codes to
further support the proposal. Full details of the development can be ascertained by
examination of the proposal plans, existing conditions and site details included with this
document.

Page 10

4.0 STATE PLANNING PROVISIONS
This section sets out the statutory planning provisions applicable to the site and the
proposed development. The overarching pieces of legislation applicable are the
Planning Act 2016, Planning Regulation 2017, and the Noosa Plan 2020. The Planning
Act 2016 provides the overall statutory planning framework for Queensland. The
purpose of this Act is “to establish an efficient, effective, transparent, integrated,
coordinated, and accountable system of land use planning, development assessment
and related matters that facilitates the achievement of ecological sustainability”. The
current Noosa Plan 2020 – Amendment 1 effective 25 September 2020 has been
updated to align with the Planning Act and Planning Regulation. This Planning
Scheme provides the planning and development assessment framework for current
and future development of the site.

4.1 State Planning Policy (SPP)

The Queensland Government released a single State Planning Policy (SPP) on 2nd
December 2013. This instrument represents all matters of state interest to be
considered in the preparation of development applications. The SPP includes
assessment benchmarks that may be applicable where a local government planning
scheme does not adequately reflect the SPP. The Planning Minister is satisfied that the
current State Planning Policy (SPP) dated July 2017 is appropriately integrated in the
Noosa Council's Planning Scheme with the exception of Natural Hazards, Risk and
Resilience - Coastal Hazards (in part).

4.2 South East Queensland Regional Plan (SEQRP)

The primary purpose of the South East Queensland Regional Plan 2009-2031
(SEQRP) is to provide a sustainable growth management strategy for the region that
articulates strategic direction and certainty to accommodate a significant increase in
population in SEQ to 2031. The Planning Minister has identified that the Noosa
Council's Planning Scheme appropriately advances the South East Queensland
Regional Plan 2017 as it applies to the planning scheme area. The subject site is
mapped within the Urban Footprint under the Regional Plan.

The Urban Footprint Intent: The Urban Footprint identifies land within which the region’s
urban development needs to 2041 can be accommodated in a way consistent with the
goals, elements and strategies of ShapingSEQ.

Description: The Urban Footprint includes established urban areas, broad hectare and
remnant broad hectare areas that could be suitable for future urban development. It
incorporates the full range of urban uses, including housing, industry, business,
infrastructure, community facilities and urban open space (SEQRP). Further to this Local
Government planning schemes are the main instrument to which will refine the desired use
of the land and the preferred timing of development within the Urban Footprint.

The proposed development is considered consistent with the strategic intent for the
land.

4.3 Local Government

The Noosa Council Planning Scheme provides a single planning framework for the
Cooroy region, streamlining local planning provisions and reducing assessment
requirements. The new planning scheme supports growth and guides the way land,
buildings and structures are used and developed in the Noosa Council area, enabling
Council to plan for a sustainable future. The relevant provisions of the Noosa Council
Planning Scheme to the proposed development are identified and addressed in
Section 7 of this report.

Page 11

4.4 Referral Matters

A desktop review of the QLD Development Assessment Mapping System confirms the
site is not affected by any referral triggers to SARA as per Schedule 10 of the Planning
Regulation.

4.5 Public Notification

The proposed development triggers a Code Assessable application. Therefore, in
accordance with the Planning Act 2016, Public Notification is not required.

Page 12

5.0 STRATEGIC FRAMEWORK
The strategic framework sets the policy direction for the Noosa Plan 2020 and forms
the basis for ensuring appropriate development occurs in the planning scheme area for
the life of the planning scheme. The strategic framework in its entirety represents the
policy intent for the planning scheme.

The strategic intent themes are listed as:

       •   Regional context
       •   A well managed and sustainable Noosa Shire
       •   A connected, safe and happy community
       •   Housing to meet diverse needs of the community
       •   Noosa's natural environment
       •   A diverse and resilient economy
       •   An innovative and responsive transport system
       •   Coordinated and efficient infrastructure
       •   Preparing for natural hazards and increasing resilience

The strategic outcomes for development key matters are listed as:

       •   Settlement (map)
       •   Community wellbeing
       •   Housing choice
       •   Biodiversity and environment (map)
       •   Economy and employment (map)
       •   Transport and movement
       •   Infrastructure and services (map)

The subject site is identified as an Urban Area / District Centre on the Strategic
Framework Mapping. There were no specific overlays for Infrastructure or Biodiversity.

The proposed development is considered consistent with the strategic intent for the
land based on general compliance with the intended themes and strategic outcomes.

Page 13

6.0 SUMMARY OF SUPPORTING INFORMATION

The following documents are provided to compliment this report:

Drawing/           Prepared by             Date           Reference No.       Version
Report Title

Proposal Plans     Wiltshire Stevens       04.04.2022     2 Emerald Street,   Issue E
SK-01 to SK-03     Architects Pty Ltd                     Cooroy QLD 4563

Page 14

7.0 NOOSA COUNCIL PLANNING SCHEME COMPLIANCE (NOOSA PLAN 2020)
7.1      DISTRICT CENTRE ZONE CODE

Purpose and overall outcomes


 1. The purpose of the District centre zone is to provide for a large variety of uses and activities to serve a district of the Noosa Shire, including, for example, administrative,
    business, community, cultural, entertainment, professional, residential or retail uses or activities.
 2. The purpose of the District centre zone will be achieved by the following overall outcomes:

   (a)   Development supports the Noosa Shire Centres Hierarchy by providing a mix and range of goods and services and employment appropriate to the centre role and
         function and district catchment.
   (b)   Development complements and does not undermine, the role and function of the major centres of Noosa Junction and the Noosa Business Centre.
   (c)   Development services the needs of the community and visitors and includes shopping centres and full-line supermarkets (where there is a demonstrated
         need), specialty retail, commercial, residential, office, personal services, health, community and small-scale entertainment and recreation uses compatible with the
         centre’s role and function.
   (d)   Development contributes to the economic activity and vibrancy of the business centre.
   (e)   Residential uses occur in conjunction with a non-residential use in a mixed-use format and support the predominant business function of the zone.
   (f)   Development integrates with the low rise landscaped character, built form and layout of the centre and creates a pleasant community feel.
   (g)   Development has a high level of architectural merit and contributes positively to the activation of the street and the character of the centre.
   (h)   Development reinforces the traditional ‘main street’ character and scale of development in the centre.
   (i)   Development facilitates the creation of vibrant and safe business centres, with attractive and functional buildings and streets with integrated high amenity public
         spaces.
   (j)   Residential uses provide housing choice, reduced commuting pressures, creates a mixed-use environment and provides casual surveillance.
   (k)   Entertainment activities contribute to the economic activity and vibrancy of the business centre both day and night.
   (l)   Development gives priority to improved accessibility for walking and cycling.
   (m)   Buildings are designed and operated to avoid adverse impacts on the amenity of surrounding residential development associated with noise, lighting, waste, fumes,
         odours, overlooking public health and safety.
   (n)   Buildings are designed and sited to sensitively respond to the physical characteristics and constraints of land, including coastal inundation, flooding, landslide
         hazard and bushfire hazard, where applicable.
   (o)   Development is supported by appropriate infrastructure and essential services, is consolidated, and maximises the efficient use of existing infrastructure.
   (p)   Development does not compromise the future provision of planned infrastructure.
   (q)   Development provides high levels of sub-tropical and sustainable design including excellence in energy efficiency and water conservation and is resilient to the
         impacts of climate change.

The subject site is not in the Mary Street/Thomas Street Health and Wellbeing Precinct

Page 15

Criteria for assessment:

Performance Outcomes                                      Acceptable Outcomes                                         Compliance Response
Role and Function
PO1                                                       No acceptable outcome provided                              Complies –
The business activity is of a type, scale and intensity                                                               The proposed use is in line with the purpose overall
that is consistent with the intended role and function                                                                outcomes of the code.
of a District Centre as identified in the Noosa Shire
Centre Hierarchy.
PO2                                                       No acceptable outcome provided                              Complies –
The District centre zone accommodates a mid-range                                                                     The proposed business uses will provide a range of
of business, community, entertainment and                                                                             employment opportunities.
recreation uses and offers a range of employment
opportunities.
PO3                                                       No acceptable outcome provided                              Complies –
Development does not compromise or compete with                                                                       The proposed combined total floor area of 475m2 is less
the role and function of the Major Centres of Noosa                                                                   than the maximum limits.
Junction and Noosa Business Centre as the highest
order centres in Noosa Shire by ensuring the gross
floor area of:
     (a) a shopping centre does not exceed 2,000m2;
          and
     (b) any individual tenancy does not exceed
          1,000m2 for a shop or 1,500m2 for a
          supermarket.
PO4                                                       AO4                                                         Complies –
A diverse range of retail, offices and healthcare,        Development provides for one or more of the following       The application is for compliant uses with the option of
business, community, entertainment and recreation         uses:-                                                      Business Uses - Office, Shop and/or Food & Drink Outlet
activities support the needs of residents                    (a) retail shops;                                        being sought.
and visitors in the district catchment and promote an        (b) food and drink outlets (cafes, restaurant and
activated mixed-use centre.                                      outdoor dining facilities);
                                                             (c) local health care services;
                                                             (d) offices (e.g. banks and real estate agencies);
                                                             (e) entertainment activities (bar, function
                                                                 facility or theatre);
                                                             (f) recreation activities (indoor sport & recreation);
                                                                 and
                                                             (g) community activities and support service.

Page 16

PO5                                                       No acceptable outcome provided                             Complies –
Higher order retail uses, including department stores                                                                The proposal is not for a Department Store.
and discount department stores, do not locate in the
District centre zone.
PO6                                                       AO6                                                        Not Applicable –
Small to mid-range supermarkets locate in the             A retail needs assessment is provided by a suitably        Proposal is not for a Supermarket.
District Centre zone only where there is a                qualified economist outlining the demand for a
demonstrated need.                                        supermarket in the District Centre.
PO7                                                       No acceptable outcome provided                             Complies –
In the localities of Tewantin and Cooroy, a food and                                                                 The proposal does not incorporate a drive-through facility.
drink outlet does not incorporate a drive-through
facility.
PO8                                                       No acceptable outcome provided                             Complies –
Development is contained within the boundaries of                                                                    The proposal is contained to an existing site in the District
the District Centre zone with business growth                                                                        Centre zone with bounding
consolidated on existing sites.
PO9                                                       AO9.1                                                      Not Applicable –
Development respects the fact that higher intensity       Within Tewantin:                                           The subject site is not in Tewantin.
retail uses are concentrated in traditional core main          (a) development in Diyan Street includes a mix of
streets and that at the edges of the District Centre               residential and entertainment and dining uses
zone lower intensity business and community                        but does not include shops;
uses form a transition to residential uses.                    (b) development in Doonella Street and Blakesly
                                                                   Street include mixed-use development
                                                                   incorporating small dwelling units but does not
                                                                   include business uses such as shops which
                                                                   rely on active frontages to Doonella Street
                                                                   or Blakesly Street.
                                                          AO9.2                                                      Not Applicable –
                                                          Within Cooroy, sites fronting Pearl Street and Kauri       The subject site does not front Pearl Street or Kauri Street.
                                                          Street, provide a transition to residential areas and
                                                          therefore do not incorporate development with or
                                                          reliant on activated street frontages.
PO10                                                      AO10                                                       Not Applicable –
Short term accommodation is developed in                  Development incorporates non-residential development       No non-residential use is proposed.
conjunction with other centre uses, has proximity to      in conjunction with short-term accommodation in a
tourist focused areas and is accessible to visitors.      mixed-use format.
Mary Street/Thomas Street Health and Wellbeing            No acceptable outcome provided                             Not Applicable –
Precinct                                                                                                             The subject site is not in the Mary Street/Thomas Street
PO11                                                                                                                 Health and Wellbeing Precinct.
Uses:
    (a) are low impact;
    (b) are daytime use only if adjoining a residential
          zone; and

Page 17

    (c) do not include:
        I.      a food and drink
                outlet or shop excluding where located
                on Lot 1 RP802167; or
       II.      bar, hotel or nightclub entertainment
                facility.
Built form
Height                                                    AO12.1                                                     Performance Solution-
PO12                                                      Buildings and other structures have a building height of   The proposal is generally compliant with the overall
Buildings and other structures:                           no more than:                                              maximum height to the top of the front parapet being 8m
    (a) are low rise and have a visual bulk and            (a) 10 metres for Noosaville District centre zone         above the Ground Floor Level. While the building height
           architectural scale consistent with the             unless within the Mary Street/Thomas Street           itself is generally compliant, the tip of the parapet itself will
           character of the area;                              Health and Wellbeing Precinct in which case           be slightly higher) above the existing ground level as the
    (b) present a building height consistent with              the building height is no greater than 8 metres;      floor is slightly raised. This minor concession for the
           structures on adjoining and surrounding         (b) 10 metres for Tewantin District centre zone           building parapet is considered compliant with the
           premises;                                           unless within 10 metres of the frontage of either     Performance Outcomes and specifically responds to item
    (c) do not visually dominate the street,                   Blakesley Street or Sidoni Street Tewantin in         (f) the existing topography of the site.
           surrounding spaces or skyline;                      which case building height is no greater than 8
    (d) preserve the amenity of surrounding                    metres; and
           development including privacy, views            (c) 8 metres for Cooroy District centre zone.
           and access to sunlight to residential          AO12.2                                                     Not Applicable –
           dwellings;                                     Where excavation is required, the maximum portion of       There is no effective excavation to affect building height.
    (e) respect the scale of the                          the exposed external elevation of the building cannot
           surrounding vegetation;                        exceed the respective building heights in AO12.1
    (f) respond to the topography of the site; and
    (g) have a maximum building height of two
           storeys.
Site cover and gross floor area                           No acceptable outcome provided                             Complies –
PO13                                                                                                                 The proposed Site Cover of approximately 43.8% and
The site cover and gross floor area of building and                                                                  total Floor Area of 472m2 is generally compliant with
other structures:                                                                                                    these performance requirements.
    (a) is of a scale that is compatible with
           surrounding development;
    (b) does not present an appearance of bulk to
           adjacent properties, roads or other areas in
           the vicinity of the site;
    (c) maximises the retention of
           existing vegetation and allows for
           additional soft landscaping between
           buildings;
    (d) allows for adequate area at ground level for
           outdoor recreation, entertainment, and
           other site facilities; and

Page 18

     (e) facilitates on-site stormwater management
          and vehicular access.
Plot ratio                                                No acceptable outcome provided                            Complies –
PO14                                                                                                                The proposed Plot Ratio of 0.47:1 is less than the permitted
If not within the Health and Wellbeing Precinct, Lot 1                                                              maximum.
on RP845244 or Lot 3 RP40197, the maximum plot
ratio of a site is:
     (a) 0.8:1 for site areas up to and including
          2,000m²; plus
     (b) 0.3:1 for the balance portion of the site area
          in excess of 2000m².
Health and Wellbeing Precinct                             AO15                                                      Not Applicable –
PO15                                                      Development has a maximum GFA of 300m².                   The subject site is not in the Health and Wellbeing
Development is to be of a domestic scale and has a                                                                  Precinct.
maximum site cover of 50%.
14-16 Mary Street, Noosaville                             No acceptable outcome provided                            Not Applicable –
PO16                                                                                                                The subject site is not in Mary Street.
Development for short-term accommodation at 14-16
Mary Street Noosaville (Lots 3 and 4 on RP122928)
contributes to diversity in visitor accommodation
styles for Noosaville and has a maximum plot ratio of
1.3:1.
Setbacks                                                  AO17.1                                                    Complies –
PO17                                                      Buildings and structures comply with the following        There are no boundary setback requirements for this site.
Buildings and other structures are appropriately          minimum boundary setbacks:
designed and sited to:                                    Frontage:
     (a) provide amenity for users of the premises as     Cooroy:
          well as preserve the visual and acoustic            (a) for Elm Street, Pearl Street, Wattle Street and
          amenity of adjoining and nearby properties;             Kauri Street— 2 metres; or
     (b) allow space for required vehicle parking;            (b) 0.0 metres otherwise.
     (c) preserve any existing vegetation to buffer       Noosaville: 6 metres.
          the building;                                   Tewantin:
     (d) allow for landscaping between buildings;             (a) Standard 6 metres
     (e) maintain the visual continuity and pattern of        (b) Exceptions:
          buildings and landscape elements within the                 I.   0.0 metres for ground floors facing
          street;                                                          Poinciana Avenue;
     (f) avoid large areas of continuous wall planes                 II.   2 metres for ground floors facing
          by varying the building setbacks and using                       Memorial Avenue or Diyan Street.
          appropriate techniques to provide visual        Other boundaries:
          relief; and                                         (a) 3 metres from boundaries that adjoin land in a
     (g) help protect the natural character and visual            residential zone, or
          amenity of the Noosa River system and other         (b) 0.0 metres otherwise.
          watercourses where relevant.

Page 19

                                                           AO17.2                                                       Not Applicable –
                                                           Places of worship, function facilities, hotels, bars,        Site is not adjacent a residential zone and there are no
                                                           nightclub entertainment facilities or any other uses that    proposed uses that involve music or large numbers of
                                                           involve music or large numbers of patrons are not            patrons.
                                                           within 10 metres of a residential zone.
Building Design and Streetscape
PO18                                                       No acceptable outcome provided                               Complies –
Buildings are designed using design elements and                                                                        The proposed building supports the local streetscape
materials that reflect the local streetscape character                                                                  character of the area through a complimentary façade to
of the area.                                                                                                            Emerald Street with verandah, parapet, signage and street
                                                                                                                        awning.
PO19                                                       No acceptable outcome provided                               Complies –
Development creates attractive and functional                                                                           The proposed building creates an attractive and functional
buildings, streets and places.                                                                                          contribution to the locality.
PO20                                                       No acceptable outcome provided                               Complies –
Streetscape treatments are provided to enhance the                                                                      The street awning with front landscaping and recessed
character and amenity of the street.                                                                                    shopfront with verandah over provides appropriate
                                                                                                                        streetscape treatments.
PO21                                                       AO21.1                                                       Complies –
Buildings and other structures present a high level of     Buildings incorporate horizontal and vertical                Buildings incorporate horizontal articulation through the
architectural merit with building elements and forms       articulation.                                                awning and verandah and vertical articulation through the
that:                                                                                                                   columns.
     (a) are consistent with the bulk and scale of         AO21.2                                                       Complies –
         buildings on adjoining and nearby land;           Elevations are no longer than 15 metres without              The proposed building is approximately 18m wide but is
     (b) break down the facade into finer scaled           articulation of at least 0.75 metres and present subtle      well articulated with a 3m deep front balcony and 4m deep
         components;                                       changes in textures and materials to break                   recessed ground level shopfront. The main part of the
     (c) provide strong visual relationships to the        up building facades.                                         building is only approximately 14m wide.
         landscape, natural features and recreation        AO21.3                                                       Complies –
         areas in the vicinity;                            Frontages to public streets or other public or semi-         The front columns provide the required vertical articulation
     (d) create a pedestrian scale with visual interest;   public spaces are articulated with vertical elements to      elements to the Emerald Street frontage.
     (e) present subtle changes in colours, textures       emphasise a finer-grain and human scale to
         and materials to break up                         the building frontage.
         the building facades;                             AO21.4                                                       Complies –
     (f) integrate signage with the building design;       Buildings incorporate:                                       The proposed building incorporates these elements.
     (g) integrate landscaping into the building design         (a) variations in plan shape, such as steps,
         and car parking areas; and                                  recesses, projections or splays:
     (h) is well articulated with strong horizontal and         (b) variations in the vertical profile, with steps or
         vertical design elements providing an                       slopes at different level;
         interesting streetscape; and                           (c) variations in the treatment and patterning of
     (i) complement landform changes and                             windows, sun protection and shading devices,
         landscape features, stepping down sloping                   or other elements of a façade treatment at a
         sites to minimise cut or fill.                              finer scale than the overall building structure;
                                                                (d) balconies, verandas or terraces; and

Page 20

                                                              (e) planting, particularly on podiums, terraces, and
                                                                  low-level roof decks or incorporate other
                                                                  landscape elements such as green walls.
PO22                                                       No acceptable outcome provided                            Complies –
Buildings and other structures present a high                                                                        The proposed building presents a suitable building form
quality streetscape with design elements                                                                             with high quality streetscape incorporating these design
and building forms that:                                                                                             elements.
    (a) define the street and public spaces;
    (b) provide a consistent awning alignment
         fronting the street and public spaces;
    (c) contribute to the streetscape activity and
         vibrancy of the centre;
    (d) create pedestrian scale and visual interest;
    (e) contribute to their setting, including the
         skyline;
    (f) celebrate corner sites as key focal points
         that contribute positively to defining the
         street; and
    (g) provide areas outdoor dining and meeting
         opportunities on the ground level.

PO23                                                       No acceptable outcome provided                            Not Applicable –
Buildings on corner sites define the street                                                                          This is not a corner site.
intersection and include interesting or decorative
features and design elements.
PO24                                                       AO24                                                      Complies –
Development makes a positive contribution to the           Development:                                              The proposed building incorporates these deisgn
visual amenity and activation of the street during             (a) is designed and sited to activate and provide a   considerations.
normal daytime trading hours.                                      positive contribution to the streetscape during
                                                                   daytime trading hours by incorporating
                                                                   architectural, landscape and furniture
                                                                   treatments which engage with the street;
                                                               (b) includes ground level building facades that
                                                                   avoid blank walls and security shutters and
                                                                   maintain a shop-front presence to the street.
PO25                                                       AO25                                                      Complies –
Uses on the ground floor are predominantly Business        Ground floor buildings address the street and provide a   The proposal has glazing to the majority of the streetscape
uses or Community uses accessible to the general           minimum of 50% transparent glazing to shop fronts to      at both levels.
public, including but not limited to shops, restaurants,   create active building fronts.
cafes, medical centres, banks, post office,
accountants or real estate agencies.

Page 21

PO26                                                    No acceptable outcome provided                             Complies –
A mix of uses, including outdoor dining and seating                                                                Although outdoor dining and seating is not proposed, the
areas, are incorporated in the building design to                                                                  development provides an active frontage with side
activate frontages in a main street environment or                                                                 pedestrian/cycle laneway link.
activated laneway.
PO27                                                    No acceptable outcome provided                             Complies –
A consistent style of paving and materials are used                                                                A consistent style of paving and materials will be used for
for outdoor spaces.                                                                                                outdoor spaces.
Health and Wellbeing Precinct                           No acceptable outcome provided                             Not Applicable –
PO28                                                                                                               The subject site is not in the Health and Wellbeing
Development reinforces the predominantly low-rise                                                                  Precinct.
domestic character, scale and character of the
precinct.
Health and Wellbeing Precinct                           No acceptable outcome provided                             Not Applicable –
PO29                                                                                                               The subject site is not in the Health and Wellbeing
Buildings are designed and sited to:                                                                               Precinct.
     (a) present a domestic scale and form of
         architecture, rather than commercial, when
         viewed from the street and adjoining
         residential premises;
     (b) accommodate small-scale Business Uses
         that protect the visual and acoustic amenity
         of surrounding residential development;
     (c) accommodate car parking at the rear of
         the site.
Street awnings Cooroy and Tewantin                      AO30                                                       Generally Complies –
PO30                                                    Street awnings:                                            A compliant street awning is provided for the full frontage of
Street awnings in Cooroy and Tewantin District           (a) are provided along the full frontage of               the building, is setback 1m from the kerb, compliments
centres are designed and located to:                         the building and cover the footpath where no other    adjacent buildings.
     1. provide continuous weather protection to             weather protection is provided for pedestrians as
         pedestrians;                                        part of the building design;
     2. maintain the continuity and style of adjacent    (b) are set back a minimum of 1 metre from the kerb
         awnings, especially in relation to height,          and where include timber posts, the posts are set
         scale, form and materials;                          back not less than 1 metre from the kerb;
     3. contribute to an attractive streetscape          (c) are water proof;
         environment;                                    (d) conform with the height, form and materials of
     4. promote an active building front by                  awnings on adjoining properties which share the
         encouraging pedestrian use of the street;           same frontage;
     5. provide a feeling of enclosure and human         (e) where fall towards the street, are no less than 2.5
         scale for pedestrians so as to contribute to        metres at their lowest point or where cantilevered,
         the “sense of place”; and                           are no less than 2.7 metres at their lowest point
     6. have an adequate clearance distance from         (f) use an awning slope of within 15 degrees of
         the kerb to prevent obstruction.                    adjacent awnings; and

Page 22

                                                          (g) are no more than 0.5 metres higher or lower than
                                                              adjacent awnings that are less than 2 metres
                                                              away; and
                                                          (h) are no higher than 3 metres in height.
Mechanical plant, equipment and storage                 AO31.1                                                        To Comply –
PO31                                                    Mechanical plant, equipment and storage areas                 Mechanical plant, equipment and storage areas will be
Mechanical plant and equipment (including air           including vents and exhausts are not visible from a           located so as not to be visible from the frontage.
conditioning equipment) and storage areas are           street or public space.
designed and located to:                                AO31.2                                                        To Comply –
    (a) avoid adverse visual impacts when viewed        Mechanical plant and equipment are:                           Mechanical plant and equipment will be appropriately
        from the street and adjoining properties; and        (a) located more than 2 metres from any property         located and screened where necessary. There are no
    (b) visually integrate with the building design.             boundary;                                            adjoining sensitive land uses.
                                                             (b) where located at ground level, screened by
                                                                 fencing 1.5 metres in height or
                                                                 dense vegetation of at least 1.5 metres in width
                                                                 incorporating grouped trees and shrubs with
                                                                 maximum separation distance of 1 metre
                                                                 measured from the centre of the tree or scrub;
                                                             (c) are visually integrated into the line and plane of
                                                                 the building and roof design and do not project
                                                                 beyond the height or width of the building when
                                                                 viewed from the street and adjoining
                                                                 properties;
                                                             (d) fully enclosed or screened where
                                                                 above ground level such that they are not
                                                                 visible from the street frontages nor adjoining
                                                                 properties; and
                                                             (e) are acoustically screened from any
                                                                 adjoining sensitive land use.
Car parking and access                                  AO32.1                                                        Complies –
PO32                                                    Car parking is not located forward of the                     Carparking is located to the rear of the building and will not
Pedestrian safety and convenience is not threatened     front building line or front building setback and is          be visible from Emerald Street with access from Wimmers
or reduced by additional vehicular driveways.           screened from view from the street.                           Lane only.
                                                        AO32.2                                                        Not Applicable –
                                                        Provision is made for shared driveways to minimise the        Adjoining sites are already established.
                                                        number of driveways interrupting the flow of
                                                        pedestrians along the footpath.
PO33                                                    AO33                                                          Complies –
Car parking is located at the rear of buildings or in   In Cooroy, no additional driveways are created on             No new driveway is proposed to Emerald Street.
a basement with shared driveways to avoid               Maple Street or Emerald Street.
interrupting the flow of pedestrians along the
footpath.

Page 23

Basements                                               AO34                                                       Not Applicable –
PO34                                                    Basements are limited to one access a maximum of 6         No basement is proposed.
Basement design:                                        metres wide.
   (a) does not dominate the street
       or building design;
   (b) visually integrates with the building;
   (c) screened through landscaping; and
   (d) does not present as a storey to the street.
Landscaping
PO35                                                    AO35.1                                                     Performance Outcome –
Landscaped areas are provided to:                       The minimum area required for providing landscaping        The proposal incorporates approximately 73.4m2 of
   (a) reduce the impervious area and enhance the       is 10% of the site area with a minimum dimension of 2      landscaping (7.25%). Appoximately 10% of the site
       visual amenity and natural landscape             metres.                                                    however has been lost to the required 2m wide
       character of the area, streetscape and local                                                                pedestrian/cycle link for the full length of the eastern side of
       area;                                                                                                       the site. Accordingly, a concession is appropriate in this
   (b) retain existing native vegetation and enhance                                                               instance.
       buffer areas around property boundaries;         AO35.2                                                     Performance Outcome –
   (c) suit the relative size and nature of the         The minimum average width of landscaping along a           2m width of landscaping is proposed to the Emerald Street
       development and its setting;                     street frontage is 2 metres with exceptions to the         frontage (although not necessary) and 1m width planting to
   (d) reduce the visual impact of large or bulky       following streets where no frontage landscaping is         the secondary frontage of Wimmers Lane except for the
       structures and fencing along watercourses;       required:                                                  pedestrian and driveway entries.
   (e) screen car parking, loading and service               (a) Poinciana Ave, Tewantin; and
       areas of developments;                                (b) Emerald St, Maple St and Diamond St, Cooroy.
   (f) contribute to pedestrian comfort through         AO35.3                                                     Not Applicable –
       shade; and                                       For showroom, garden centre or hardware and trade          Proposal is not for showroom, garden centre or hardware
   (g) screen incompatible land uses.                   supply uses the following side and rear boundary           and trade supply use.
                                                        setbacks apply:
                                                             (a) standard 2 metres width; or
                                                             (b) 5 metres width along all boundaries that adjoin
                                                                 land in a residential zone.
PO36                                                    No acceptable outcome provided                             Complies –
Landscape and streetscape treatments are                                                                           The proposed landscape and streetscape treatments are
consistent with the existing streetscape character,                                                                consistent with the existing streetscape character and
enhances the amenity and contribute positively to the                                                              contributes positively to the Emerald Street frontage.
district centre, particularly along major roads.
PO37                                                    AO37                                                       Not Applicable –
Landscaping within road reserves—                        (a) Landscaping is set back a minimum of 0.5 metres       No landscaping is proposed in the road reserve.
     (a) enhances the streetscape quality and natural        from the back of the kerb;
          landscape character of the area; and           (b) Landscaping and paving styles are consistent with
     (b) maintains the functionality of the road             any Council endorsed streetscape theme; and
          reserve for vehicles and pedestrians.          (c) A minimum pedestrian pathway width of 3 metres
                                                             is provided along the frontage, clear of any
                                                             planted area or outdoor business area.

Page 24

PO38                                                      AO38.1                                                         Complies –
Landscape treatments soften and improve the visual        Entries, outdoor spaces and outdoor dining areas are           Proposed ground level entries are treated with hard and
appearance of the building, outdoor spaces and            treated with hard and soft landscaping features.               soft landscaping.
service areas.                                            AO38.2                                                         Not Applicable –
                                                          Landscaping may be used to conceal, and reduce the             Landscaping is not necessary to conceal mechanical plant
                                                          noise generated from, mechanical plant equipment,              equipment, loading bays, storage or service areas.
                                                          loading bays, storage and service areas.
Mixed use development
PO39                                                      AO39.1                                                         Not Applicable –
Where residential development is proposed it              Where development provides for one or more of the              No residential activity is proposed.
is provided for in a mixed use building with small        following residential activities, it is in the form of small
dwellings, where such activities are ancillary to and     dwellings only and accommodated in a mixed-
support the predominant business functions of the         use building format:
zone.                                                          (a) caretaker’s accommodation;
                                                               (b) dual occupancies;
                                                               (c) dwelling units (e.g. shop top housing);
                                                               (d) multiple dwellings.
PO40                                                      AO40.1                                                         Not Applicable –
Residential uses within the centre do not interrupt the   Any residential uses are located above or behind               No residential activity is proposed.
continuity of the streetscape or the active, pedestrian   ground storey business or community uses.
focus of the street frontage.                             AO40.2                                                         Not Applicable –
                                                          Where visitor accommodation incorporates business              No visitor accommodaion activity is proposed.
                                                          uses such as a restaurant, function room or tour
                                                          booking service such facilities are located at the front
                                                          of the ground floor so as to reinforce the interactive
                                                          streetscape.
PO41                                                      AO41.1                                                         Not Applicable –
Mixed-use buildings are designed and operated to          Business uses which operate outside the hours                  No residential activity is proposed.
ensure:                                                   of 6:00am to 9:00pm are designed and operated to
   (a) business uses manage potential impact on           minimise impacts on the amenity of residents of mixed-
        residents, including impacts associated with:     use buildings.
           I. visual and acoustic privacy;                AO41.2                                                         Not Applicable –
          II. safety and security; and                    Residential uses are designed to incorporate suitable          No residential activity is proposed.
         III. lighting.                                   noise attenuation and privacy measures to reduce
   (b) residential uses do not limit the business         amenity impacts from business uses.
        opportunities of the site; and                    AO41.3                                                         Not Applicable –
   (c) residential uses have reasonable privacy,          The residential component of the development                   No residential activity is proposed.
        security and private outdoor living space.        provides for:
                                                               (a) separate identifiable residential entries from
                                                                   entrances for other building uses;
                                                               (b) clearly defined and safe
                                                                   pedestrian access to dwelling units and
                                                                   accommodation units that are appropriately lit,

Page 25

                                                               visible to others and directly accessible to units
                                                               from areas likely to be used at night;
                                                          (c) security measures such that building users do
                                                               not have access to areas that are intended for
                                                               the exclusive use or residents of,
                                                               and visitors to, residential accommodation;
                                                          (d) windows, balconies, terraces of
                                                               each dwelling are screened up to a minimum
                                                               height of 1.7 metres from the finished floor
                                                               level where overlooking a habitable room
                                                               or private open space of
                                                               another dwelling within 9 metres; and
                                                          (e) screening may incorporate solid translucent
                                                               screens, shutters, perforated panels or trellises
                                                               which have a maximum of 50% openings.
                                                       AO41.4                                                       Not Applicable –
                                                       Dwellings provide:                                           No residential activity is proposed.
                                                          (a) clearly identify private residential space by
                                                               using features such as low walls, changes in
                                                               surface texture or other landscape treatments.;
                                                               and
                                                          (b) private open space or an open balcony directly
                                                               accessible from a habitable room:
                                                                    (a) with a minimum area of 9m²,
                                                                    (b) with a minimum dimension of 2.5
                                                                         metres; and
                                                                    (c) clear of any utilities such as gas, water
                                                                         tanks and air conditioning units.
Amenity and safety
PO42                                                   No acceptable outcome provided                               Not Applicable –
Where adjoining land in a residential zone                                                                          The subject site does not adjoin residential zoning.
development ensures that the siting, design and
hours of operation do not unreasonably impact on the
amenity enjoyed by users of adjoining or nearby
premises.
Overlooking                                            AO43                                                         Not Applicable –
PO43                                                   Development:                                                 The subject site does not adjoin residential properties.
Development provides reasonable privacy, amenity          (a) is sited to avoid overlooking by siting windows
and use of indoor and outdoor living areas to                 and outdoor areas, (including balconies and
surrounding residential uses.                                 terraces) to not look into residential dwellings
                                                              and may incorporate screening
                                                              over building openings; and
                                                          (b) does not include roof top terraces.

Page 26

PO44                                                      No acceptable outcome provided                               Complies –
Development creates a safe environment by                                                                              The proposed design considers these crime prevention
incorporating key elements of crime prevention                                                                         elements.
through environmental design in its layout
considering:
     (a) casual surveillance and sight lines;
     (b) exterior building design that promotes safety;
     (c) lighting;
     (d) signage and wayfinding;
     (e) minimising entrapment locations; and
     (f) building entrances, loading and storage
         areas that are well lit and lockable after
         hours.
PO45                                                      No acceptable outcome provided                               Complies –
Walkways, carparks and publicly accessible facilities,                                                                 Public and communal areas of the development are
including toilets, and bicycle racks are located and                                                                   allowed casual surveillance.
designed to allow casual surveillance by other
persons.
PO46                                                      No acceptable outcome provided                               Complies –
Pathways allow clear sightlines in all directions.                                                                     Pathways are provided with clear sightlines.
PO47                                                      No acceptable outcome provided                               To Comply –
Adequate lighting is provided to building entrances,                                                                   The development will have appropriate lighting to satisfy
carparks and pedestrian routes.                                                                                        this requirement.
PO48                                                      AO48.1                                                       Complies –
All property boundaries are clearly identifiable with     Boundaries are identified by such means as:                  A pedestrian/cycle link pathway will delineate the eastern
public and private spaces clearly defined.                     (a) fencing; or                                         side of the site while the western side boundary will be
                                                               (b) changes in surface materials or levels; or          fenced.
                                                               (c) landscape treatments.
                                                          AO48.2                                                       Complies –
                                                          Loading and storage areas are well lit or can be locked      The loading area will be well lit and storage areas lockable.
                                                          after hours.
PO49                                                      AO49                                                         Complies –
All premises and access routes are clearly                All premises are identified by the provision of the street   A street number will be clearly displayed at both frontages.
identifiable to all persons, particularly emergency       number in a prominent location, preferably near
services personnel.                                       the site entry, (i.e. on the kerb or letterbox or by
                                                          signage on the building or site).
PO50                                                      AO50.1                                                       Complies –
Building entries are visible and easily identifiable.     The number of entrances and exits are limited and            The main pedestrian entrances from Emerald Street are
                                                          main building entrances/exits are located at the front of    clearly defined and separate from the vehiclar entrance
                                                          the site in view of the street, or where this is not         from Wimmers Lane.
                                                          possible, due to site or existing building constraints, a
                                                          well-defined path is provided to the entrance/exit.

Page 27

                                                     AO50.2                                                       To Comply –
                                                     All entrances/exits to buildings, are well lit and signed,   All entrances/exits to buildings will be well lit and signed
                                                     and signage includes hours of operation.                     including the hours of operation.
                                                     AO50.3                                                       Complies –
                                                     Entrances/exits are located to provide a direct link to      The proposed building has a direct link between the lift
                                                     driveways and car parking areas.                             foyer/stair and carpark area.
                                                     AO50.4                                                       Complies –
                                                     Recessed doorways are avoided where the recess is of         There are no recessed doorways proposed.
                                                     sufficient size to conceal a person. Where recessed
                                                     doorways are unavoidable, the following measures are
                                                     used to enhance safety:
                                                          (a) good lighting;
                                                          (b) strategically placed mirrors;
                                                          (c) angled approaches; or
                                                          (d) gates which restrict access.
Vandalism                                            AO51                                                         Complies –
PO51                                                 Buildings or structures that are visible or accessible       The development frontages will not be fenced but rather
Buildings and structures are designed to minimise    from a public street or laneway:                             appropriately landscaped to discourage graffiti with
opportunities for vandalism.                              (a) avoid the use of solid fences and blank walls       shopfront windows for the majority of the Emerald Street
                                                              which attract graffiti. Where solid blank           frontage.
                                                              surfaces are unavoidable, measures in the
                                                              form of landscaping, creepers, murals, vandal
                                                              resistant paint, etc. are used;
                                                          (b) with windows at ground level use measures
                                                              that deter break and enters without obscuring
                                                              views to shopfronts; and
                                                          (c) are constructed to be vandal and graffiti proof.
Lighting                                             AO52.1                                                       Complies –
PO52                                                 Lighting of appropriate intensities is provided which        The development will have appropriate lighting designed to
Lighting of appropriate intensities is provided to   satisfies the requirements of Australian Standard            the AS1158: Public Lighting Code.
maximise safety.                                     AS1158: Public Lighting Code, unless otherwise
                                                     specified in this Code.
                                                     AO52.2                                                       To Comply –
                                                     External lighting of a graduated intensity is provided       The development will have appropriate lighting designed in
                                                     which starts at a lower level of brightness at the           accordance with this requirement.
                                                     perimeter of the site and rises to a higher level at the
                                                     entrance to buildings or at the centre of the site.
                                                     AO52.3                                                       To Comply –
                                                     Lighting is directed onto the site and away from             The development will have appropriate lighting designed in
                                                     neighbouring properties.                                     accordance with this requirement.
                                                     AO52.4                                                       To Comply –
                                                     Vandal-resistant lighting is used in public and publicly     The development will have appropriate lighting designed in
                                                     accessible areas                                             accordance with this requirement.

Page 28

Vehicle loading and waste                                AO53                                                         Complies –
PO53                                                     Vehicle loading/unloading, waste storage/collection and      The loading bay and waste storage area are located under
Vehicle loading / unloading and waste storage and        external storage areas are enclosed within a service         the building away from the street frontages.
collection areas do not significantly impact on the      yard or courtyard and located to the rear or under
visual or acoustic amenity of the area or sensitive      the building and not located along any frontage to a
land uses.                                               public street or space.
Earthworks and Drainage
PO54                                                     AO54                                                         Complies –
Filling, excavation and retaining structures do not      Filling and excavation works are designed and                The proposed earthworks generally follow the existing site
directly, indirectly or cumulatively cause adverse       constructed to ensure overland flow and/or flooding is       topography with the building levels raised slightly in the
impacts external to the development site by:             not worsened, impeded, or otherwise diverted to              north-west corner of the Emerald Street frontage being the
      (a) causing ponding of water on the site or        adversely affect other properties or downstream              low part of the site. A compliant stormwater drainage
          nearby land;                                   environments.                                                system will be designed by an RPEQ engineer.
      (b) causing erosion or the transport of sediment
          off the site;
      (c) increasing flooding, which adversely affects
          the safety or use of any land upstream and
          downstream; or adversely affecting the flow
          of water in any overland flow path.
Pedestrian and Cycling Connectivity
PO55                                                     No acceptable outcome provided                               Complies –
Convenient and legible connections are provided for                                                                   A pedestrian/cycle link is provided between Emerald Street
pedestrians and cyclists to the site, particularly                                                                    and Wimmers lane along the full length of the eastern side
having regard to linkages with existing and proposed                                                                  boundary as required.
public transport infrastructure, the open space
network, centres and other community-related
activities.
PO56                                                     AO56.1                                                       Complies –
Public or semi-public spaces are integrated into the     Public and semi-public spaces are located to ensure          A pedestrian/cycle link is provided between Emerald Street
centre's pedestrian and cycle networks.                  pedestrian movement flows through the site and               and Wimmers lane along the full length of the eastern side
                                                         connects to the pedestrian and cycle networks.               boundary as required. There is also an undercover
                                                                                                                      recessed pubic shopfront to Emerald Street.
                                                         AO56.2                                                       Performance Solution –
                                                         Pedestrian arcades, laneways or enclosed                     Noosa Council have provided prelodgement advice the
                                                         thoroughfares are a minimum of 6 metres wide,                required width of the pedestrian/cycle link is 2m. The
                                                         provide a direct line of sight to a major pedestrian         proposal is compliant with this advice.
                                                         destination (major tenancy, car park, public place, etc.),
                                                         and are not dead ends, narrow or circuitous.

Page 29

Environment and heritage
PO57                                                     AO57.1                                                     To Comply –
Development:                                             Development does not result in sediment or other           This will be a requirement for the building contractor.
     (a) has minimal impact on the natural landform      material including building materials or waste products
         of the site;                                    being deposited or released into the road reserve,
     (b) does not lead to erosion or the transport of    stormwater drain or adjacent properties.
         sediments off site;                             AO57.2                                                     Complies –
     (c) does not lead to the disturbance of natural     Development on a site adjoining a local heritage           The proposal is complimentary/sympathetic to the local
         features, buildings or structures of cultural   place respects the cultural heritage significance of the   streetscape. Refer response to the Heritage Overlay Code.
         heritage significance; and                      place by mitigating any adverse impacts on the setting
     (d) does not visually impact on the cultural        or integrity of the heritage values.
         heritage significance of the site .
PO58                                                     No acceptable outcome provided                             Complies –
Uses are conducted in an environmentally                                                                            Proposed uses will be conducted in an environmentally
responsible manner, operating without deleterious                                                                   responsible manner
impacts on immediate, surrounding or downstream
communities, environments or environmental
processes.
Infrastructure
PO59                                                     No acceptable outcome provided                             Complies –
Development is supported by adequate infrastructure                                                                 The subject site is serviced by suitable
and urban services including reticulated water,                                                                     infrastructure/services.
sewerage, stormwater drainage, sealed roads,
pathways and electricity and telecommunication
infrastructure.
PO60                                                     No acceptable outcome provided                             Complies –
Development does not adversely impact on the                                                                        The proposed development will not adversely impact on the
continued operation, viability and maintenance of                                                                   continued operation, viability and maintenance of existing
existing infrastructure or compromise the future                                                                    infrastructure or compromise the future provision of
provision of planned infrastructure.                                                                                planned infrastructure.

Page 30

7.2       COOROY LOCAL PLAN CODE

Purpose and overall outcomes – Cooroy

1.      The purpose of the Cooroy local plan code is to provide locally relevant planning provisions for the assessment of development within the Cooroy local plan area.
2.      The following overall outcomes apply to the Cooroy local plan area:-
     (a) Cooroy is a vibrant, energetic country town servicing the Noosa hinterland and its own growing community and provides services and facilities to meet the community
           needs whilst retaining its character and protecting the natural and heritage values of the area.
     (b) Development is limited to land within the urban boundary and maintains a defined edge to the town to protect and reinforce the character and identity of Cooroy,
           provide efficient provision of infrastructure and services, avoid constrained land and protect the landscape character and productivity of surrounding rural and rural
           residential land.
     (c) Development is sited and designed to protect ecologically important areas, retain landscape and built form elements, including significant views and vistas to external
           elements, that contributes to the setting, character and identity of Cooroy as a town with a strong sense of place and associations with the past. Valued elements
           include:
            i.    Riparian corridors of Cooroy Creek, Six Mile Creek and its tributaries;
           ii.    Open space and landscape values of the showgrounds, sports grounds, Apex Park and the golf club;
          iii.    Views to Mt Cooroy and the Black Mountain Range;
          iv.     Early twentieth century architecture; and
           v.     Heritage associations of the North Coast Rail Line.
     (d) The protection of water quality within Lake Macdonald and waterways that drain to it is a paramount factor in consideration of development within the water supply
           catchment.
     (e) Cooroy town centre functions as a district centre providing a wide range of commercial, retail and community activities to serve the needs of the Cooroy community
           and Noosa hinterland residents and visitors to the area.
     (f) Cooroy provides local employment in the town centre including small to medium scale retail, commercial and community activities which support surrounding rural
           enterprises and facilitate artistic, cultural and technology-based business.
     (g) Future economic growth continues to consolidate retail, business, community and industrial development and diversifies employment opportunities in technology-
           based businesses, artistic and cultural enterprises, health and wellbeing, and support services to rural enterprises.
     (h) The western side of Cooroy town centre is maintained as the traditional town centre and the eastern side has a supporting role providing small-scale businesses
           offering convenience goods and services for residents and visitors.
     (i) Cooroy town centre remains compact with expansion of retail and commercial functions limited to land included within the District Centre zone.
     (j) Development maintains and reflects the form and scale of development in Cooroy as a modern country town with low density, low rise buildings that cover a
           comparatively small area of a site leaving significant areas for landscaping and private open space.
     (k) Development retains and maintains the country town feel, traditional built form, heritage and streetscape character of the town centre, with Maple and Emerald
           Streets enhanced as wide, attractive and pedestrian-friendly main streets.
     (l) Development in the town centre addresses the street, provides active frontages and complements the traditional streetscape by exhibiting a scale proportional to the
           character of the streetscape of which it forms part.
     (m) Development provides and maintains small, typically narrow tenancies of single or double storey elevations with continuous, intimate weather protected footpaths and
           limited driveway accesses interrupting pedestrian paths.
     (n) Detached housing is typically characterised by a mix of detached traditional Queenslanders and modern homes with large setbacks and mature landscaping.
     (o) Attached housing locates close to the town centre and within mixed-use buildings increasing housing choice.

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    (p) Low to medium density semi-attached housing, such as dual occupancies, are interspersed through residential neighbourhoods where they offer proximity to
         transport and services.
    (q) Relocatable home parks, residential care and retirement facilities provide housing choice allowing ageing residents to remain within the Noosa Shire hinterland
        community.
    (r) Well designed development for visitor accommodation and tourist attractions are compatible with the landscape and streetscape character and form and promote
        and enhances the core values of Cooroy.
    (s) A diverse range of community services including the Lower Mill Place Precinct, library, playgrounds, community hall, schools, medical facilities, sporting and
        recreational facilities service local residents, the hinterland and beyond.
    (t) Development is supported by a network of open space to meet the needs of the local community, including the facilitation of safe and convenient pedestrian and
        cycle connections between and around key destinations within the local plan area and particularly across the railway line.
    (u) Outdoor recreation and sporting facilities west of the railway line and active recreation facilities and green space on the eastern side of the railway are retained to
        meet the needs of is of the community.
    (v) Development maintains the traditional grid pattern where possible.
    (w) In the town centre where on-street parking is available, historic laneways are retained and extended where practicable to allow for vehicular access and parking to
        the rear of buildings preserving footpaths as places for people rather than driveways.
    (x) Activation of key laneways, including the widening of laneways, is encouraged where pedestrian safety and servicing functions would not be compromised.


Criteria for assessment:
Performance Outcomes                                 Acceptable Outcomes                                            Compliance Response
Development in Cooroy Local Plan Area generally (All Zones)
PO1                                                  No acceptable outcome provided                                 Complies –
Development enhances the role of Cooroy as the                                                                      The proposal will provide a range of business with
largest centre in the Noosa Hinterland, providing a                                                                 employment opportunities enhancing the Cooroy township
wide range of business and employment services,                                                                     centre.
recreation facilities, community services, housing
choice and a limited range of visitor services.
PO2                                                  No acceptable outcome provided                                 Complies -
Development contributes to the lifestyle and amenity                                                                The proposed development will contribute to the lifestyle
of residents of Cooroy and its surroundings.                                                                        and amenity of Cooroy township and region.
PO3                                                  AO3.1                                                          Not Applicable –
Development contributes to the establishment of      Development adjacent to a gateway or special place or          The subject development is not on a corner or immediately
attractive streetscapes and gateways to enhance the on land identified as a key corner on Figure                    adjacent a gateway or special place identified on Figure
sense of arrival and the character of Cooroy.        7.2.2.4 (Cooroy Framework and Character Plan):                 7.2.2.4 of the Code.
                                                     (a) incorporates architectural and landscape
                                                          treatments which emphasise the corner location
                                                          as shown in figure AP3-10A and figure AP3-10B;
                                                          and
                                                     (b) incorporates building materials such as varied
                                                          roof forms, changes in materials and variations in
                                                          projected and recessed elements and facades.

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                                                         AO3.2                                                      Complies –
                                                         Development adjacent to a primary streetscape              Emerald Street is identified as a Primary Active Street
                                                         treatment area identified on Figure 7.2.2.4 (Cooroy        Frontage and the proposal has been designed accordingly
                                                         Framework and Character Plan) provides streetscape         with a street awning, verandah, recessed shopfont and
                                                         improvements appropriate to the location, setting and      landscaping treatments.
                                                         context of the development and complements existing
                                                         or proposed streetscape works in the local area.
                                                         AO3.3                                                      Complies –
                                                         Development on Key Development Sites identified            The subject premises is identifies as a Key Development
                                                         on Figure 7.2.2.4 (Cooroy Framework and Character          Site and incorporates a high standard of architectural
                                                         Plan) incorporates a high standard of architectural        design and landscape treatment consistent with the
                                                         design and landscape treatment consistent with the         streetscape character.
                                                         streetscape character.
PO4                                                      AO4                                                        Not Applicable –
The visual amenity surrounding the major road            Development adjacent to Myall Street, Mary River           The proposal is not adjacent to Myall Street, Mary River
network and entry is protected and enhanced.             Road, Elm Street, Cooroy Noosa Road, Tewantin Road         Road, Elm Street, Cooroy Noosa Road, Tewantin Road or
                                                         and Diamond Street incorporates landscaping that           Diamond Street.
                                                         complements the natural species occurring in the local
                                                         area, protects existing vegetation within the road
                                                         reserve and incorporates design elements that add
                                                         visual interest to the streetscape.
PO5                                                      AO5.1                                                      Not Applicable –
Development retains and enhances key heritage and        Development retains landmarks, memorials and               This is a vacant site. There are no existing landmarks,
landscape elements including historical landmarks,       monuments including but not necessarily limited to         memorials or monuments to be retained.
existing character trees and areas of                    those identified on the Heritage and Character Areas
significant vegetation contributing to the setting and   Overlay maps in Schedule 2.
character of the local plan area.                        AO5.2                                                      Not Applicable –
                                                         Development retains and enhances existing mature           This is a vacant site. There are no existing trees or
                                                         trees and character vegetation contributing to the         character vegetation.
                                                         vegetated backdrop and streetscape character of the
                                                         local plan area including:
                                                         (a) mature trees, particularly along Maple and
                                                               Emerald Avenue, Mary River Road, Myall Street
                                                               and Elm Street;
                                                         (b) riparian vegetation adjacent to the Cooroy Creek
                                                               and tributaries of Six Mile Creek within the local
                                                               plan area; and
                                                         (c) other character vegetation and
                                                               landscaping where identified on Figure 7.2.2.4.
                                                               (Cooroy Framework and Character Plan)

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PO6                                                    AO6.1                                                        Complies –
Development retains and enhances key contextual        Development enhances and does not intrude upon               The proposal does not intrude upon important sightlines to
views, to Mt Cooroy, Black Mountain range and other    important sightlines to Mt Cooroy.                           Mt Cooroy.
views to the rural and open spaces around Cooroy.      AO6.2                                                        Complies –
                                                       For Cooroy district centre, buildings and structures do      The proposal does not interrupt or encroach upon any
                                                       not significantly interrupt or encroach upon key             identified key contextual views.
                                                       contextual views as identified on Figure
                                                       7.2.2.4 (Cooroy Framework and Character Plan) and
                                                       shown in Figure 7.2.2.6.
Built form and streetscape
PO7                                                    AO7.1                                                        Not Applicable –
Buildings, structures and landscaping are consistent   Development retains or reuses buildings that have            This is a vacant site. There are no existing buildings.
with and reflective of the traditional country town    cultural heritage or townscape significance, including
character of Cooroy in terms of form, proportion,      where subject to the Heritage and Character
composition and use of materials.                      Overlay (as mapped in Schedule 2) or identified as a
                                                       heritage site or character area on Figure
                                                       7.2.2.4 (Cooroy Framework and Character Plan).
                                                       AO7.2                                                        Complies –
                                                       Development is compatible with existing buildings            The proposal is compatible with adjacent buildings.
                                                       including Federation and Art Deco styles, without
                                                       mimicking such styles.
                                                       AO7.3                                                        Complies –
                                                       Roof forms use traditional Queensland style roof             The proposal has a compliant gable roof design with
                                                       designs, including gable, hip and valley, pitched, or        decorate front façade parapet.
                                                       multiple gable roof forms with a roof pitch of no less
                                                       than five degrees, examples shown in Figure AP3-6B.
                                                       AO7.4                                                        Not Appliacble –
                                                       For residential buildings, roof form is visible from the     Proposal is not a residential building.
                                                       street and not concealed behind parapets.
                                                       AO7.5                                                        Generally Complies –
                                                       Buildings are designed to:                                   The proposal suits the local subtropical climate and reflects
                                                       (a) reflect the traditional Queensland vernacular;           the traditional Queensland vernacular with open front
                                                       (b) suit the local subtropical climate;                      verandah, street awning and integrated landscaping.
                                                       (c) incorporate lightweight materials such as timber;        Lightweight materials are not generally appropriate for a
                                                       (d) be elevated above the ground on sloping or low-lying
                                                                                                                    commercial building.
                                                           lots;
                                                       (e) incorporate open verandahs, open balconies with
                                                           transparent or open balustrades or shaded patios for
                                                           outdoor living; and
                                                       (f) allow for landscaping integrated with the buildings on
                                                           site.
                                                       AO7.6                                                        Not Applicable –
                                                       Boundary setbacks provide space for trees between            There is no requirement fro boundary setbacks identified in
                                                       buildings.                                                   the District Centre Zone Code for this site.

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Centres and Services
PO8                                                      No acceptable outcome provided                             Complies –
Cooroy town centre functions as a district centre with                                                              The proposal will add to the range of business in the district
a wide range of business and community functions,                                                                   centre with employment opportunities enhancing the
servicing Cooroy and surrounding hinterland                                                                         Cooroy township and region.
communities.
PO9                                                      AO9                                                        Complies –
Maple Street and Emerald Street function as              Development maintains the primacy of Maple Street          The proposal will maintains the attractive and pedestrian-
traditional pedestrian orientated main streets and are   and Emerald Street as attractive and pedestrian-           friendly main street primacy of Emerald Street with
the primary retail and commercial focus of the town.     friendly main streets with a concentration of retail and   appropriate commercial uses.
                                                         commercial uses.
PO10                                                     AO10                                                       Complies –
Development in the District Centre zone:                 Development in the District Centre zone:                   The proposed development considers and appropriately
(a) is sympathetic to the country town character and     (a) respects the layout, scale and character of            responds to these design crtiteria.
    identity of Cooroy;                                      development on adjoining sites;
(b) complements the traditional built form, street       (b) provides detailing and articulation for horizontal
    pattern and streetscape;                                 emphasis including awnings, parapet walls or first
(c) is low-set single or double storey with second           floor balconies;
    storeys set back from the property frontage;         (c) steps buildings to reflect the natural topographic
(d) addresses the street;                                    character of the street as shown in figure
(e) creates vibrant and active spaces in the public          7.2.2.7 and figure 7.2.2.8;
    realm;                                               (d) incorporates a fine grain shop front appearance
(f) provides continuous weather protection for               extending to roof forms which are to vary between
    pedestrians; and                                         single tenancies, see figure 7.2.2.7 and figure
(g) provides integrated and functional parking               7.2.2.8;
    and access arrangements that do not dominate         (e) where identified as primary active
    the street.                                              street frontage on Figure 7.2.2.4 (Cooroy
                                                             Framework and Character Plan)-- provides active
                                                             street frontages that incorporate shopfronts,
                                                             indoor/outdoor cafes and restaurants and other
                                                             activities that foster casual social and business
                                                             interaction for extended periods. Refer to Figure
                                                             AP3-8A for design outcomes for active
                                                             streetscapes;
                                                         (f) has building openings overlooking the street, with
                                                             the main entrance visually emphasised in the
                                                             ground floor facade; and addressing key corner
                                                             sites where indicated on Figure 7.2.2.4 (Cooroy
                                                             Framework and Character Plan) and Figure AP3-
                                                             7A
                                                         (g) provides all-weather protection in the form of
                                                             continuous awnings and or light verandah
                                                             structures, supported by timber posts that match

Page 35

    the position and distance between of adjoining
    awnings where that is the dominant character of the
    street, otherwise cantilevered as
    per Figure 6.4.2.4, figure 6.4.2.5 and figure 7.2.2.7;
(h) incorporates signage mounted above awnings on
    parapet walls reinforcing the fine grain appearance
    in the main streets as per figure 7.2.2.7 and figure
    7.2.2.8;
(i) includes the provision of landscaping, shaded
    seating and consistent and simple paving materials
    on footpaths consistent with the character of its
    setting including where shown as primary
    streetscape treatment area on Figure
    7.2.2.4 (Cooroy Framework and Character Plan);
(j) Retains a pedestrian-friendly low-speed traffic
    environment with on-street parking and provides
    off-street car parking at the rear or to one side of
    the development.

Page 36

PO11                                                       No acceptable outcome provided                           Not Applicable –
Development for centre activities on the eastern side                                                               The subject site is on the western side of the rail line.
of the rail line retains a service level role supporting
the centre on the western side of the rail line by:
(a) providing a range of small-scale destination
    businesses, local convenience goods and
    services for nearby residents and visitors; and
(b) having a domestic scale and not resulting in
    reduced amenity for adjoining residential uses.
Housing Choice
PO12                                                       No acceptable outcome provided                           Not Applicable -
Sites currently used or approved for the use of,                                                                    The subject site is not an existing relocatable home park,
relocatable home parks, retirement facilities or                                                                    retirement facility or residential aged care facility. No
residential aged care facilities such as Palm Lakes                                                                 residential use is existing or proposed.
Resort, Cooroy Villages and Kabara continue to
provide such residential accommodation into the
future.
PO13                                                       No acceptable outcome provided                           Not Applicable –
Additional sites suitable for future use as aged care                                                               Being zoned District Centre and being in the main business
are preserved and protected for aged care.                                                                          precinct, this site is not really suited to aged care.
PO14                                                       AO14                                                     Not Applicable –
Development provides for sites within and in close         Residential dwellings within the District centre zone:   No residential use is proposed.
proximity to the District centre zone to contribute to     (a) do not exceed 100m2; and
housing diversity by providing small attached              (b) form part of a mixed-use building with non-
dwellings, including single level apartments.                   residential uses at ground level.
Visitor Facilities
PO15                                                       No acceptable outcome provided                           Not Applicable –
A variety of visitor accommodation options are                                                                      No visitor accommodation is proposed.
provided in the Cooroy local plan area to meet the
needs of visitors.
Access and connectivity
PO16                                                       No acceptable outcome provided                           Complies –
Development is sited and designed such that it does                                                                 The proposal does not adversely interfere with the
not diminish the ability of laneways to:                                                                            operation of the local road network. Vehicular access to the
(a) relieve traffic on streets;                                                                                     site is from Wimmers Lane at the rear being the lowest
(b) provide convenient and safe rear access to                                                                      order road. A pedestrian/cycle link is provided between
      premises including service vehicles where                                                                     Emerald Street and Wimmers lane along the full length of
      relevant;                                                                                                     the eastern side boundary as required. The complimentary
(c) provide safe pedestrian linkages;                                                                               building design will add to the heritage character of Cooroy.
(d) add to the heritage character of Cooroy.

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PO17                                                    No acceptable outcome provided                          Performance Solution –
Development facilitates the widening and upgrading                                                              A 1.5m wide resumption from the Wimmers
of laneways in the Cooroy Local Plan Area to                                                                    Lane frontage is proposed in accordance with the previous
accommodate anticipated levels of traffic. Where:                                                               Development Approval for this site.
(a) access to development is taken from a laneway,
       a 2 metre resumption from the
       laneway frontage is required for widening and
       the laneway is to be upgraded to the appropriate
       standard; or
(b) development is undertaken on a property with a
       laneway frontage, and access is not taken, a 2
       metre easement is provided for future widening
       and upgrading purposes.
PO18                                                    No acceptable outcome provided                          Complies –
Development improves local connectivity by providing                                                            A pedestrian/cycle link is provided between Emerald Street
safe and convenient pedestrian and bicycle pathways                                                             and Wimmers lane along the full length of the eastern side
to and between key destinations such as the town                                                                boundary as required.
centre, railway station, community and sports
facilities and schools
PO19                                                    AO19                                                    Complies –
Development integrates with and extends the existing Development on land including or adjoining a key           A pedestrian/cycle link is provided between Emerald Street
street and pathway networks including but not limited pedestrian/cycle link shown on Figure 7.2.2.4 (Cooroy     and Wimmers lane along the full length of the eastern side
to those identified on Figure 7.2.2.4 (Cooroy           Framework and Character Plan) facilitates these         boundary as required.
Framework and Character Plan) such that                 connections.
connections to and between key local destinations
are provided and reinforced.
Environment, natural resource and recreation values
PO20                                                    AO20                                                    Not Applicable –
Development has no significant adverse effects on       Connecting Habitat Areas as identified on Map SFM-4 -   The subject site is not identified as a Connecting Habitat
biodiversity, natural vegetation, native fauna habitat, Biodiversity (Strategic Framework Map) are protected    Area.
landscape quality, water quality or cultural heritage   from fragmentation and encroachment by
values, including those related to:                     development.
(a) changes to natural drainage;
(b) disturbance to any of the wetland systems;
(c) management of landslide and fire risk;
(d) erosion and the transport of sediments off-site;
(e) unmanaged public access;
(f) effluent disposal; and
(g) changes to fauna habitat and behaviour.

Page 38

PO21                                                     AO21                                                     Not Applicable –
Development maintains and protects an integrated         Open space corridors identified as Ecological Linkages   The subject site is not identified as an Ecological Linkage
open space network throughout the locality to—           and Major Recreation areas on Map SFM-1 -                or Major Recreation area.
(a) provide for both passive and active recreational     Settlement and Map SFM-4 - Biodiversity (Strategic
    pursuits;                                            Framework) are enhanced and protected from
(b) provide connectivity for pedestrians, cyclists,      fragmentation and encroachment by development.
    and horse riders;
(c) provide habitat connectivity for wildlife and fish
    passage;
(d) protect watercourses and drainage lines;
(e) protect vegetation on steep slopes; and
(f) form a scenic backdrop for residential
    development.
PO22                                                     No acceptable outcome provided                           Complies –
Development does not adversely impact on the Lake                                                                 The proposal does not adversely impact on the Lake
Macdonald water supply.                                                                                           Macdonald water supply.
PO23                                                     No acceptable outcome provided                           Complies –
The number and location of access points to                                                                       The stormwater drainage system for the proposed
watercourses is controlled and managed to prevent                                                                 development will be appropriately designed by an RPEQ
adverse impacts on water quality in Lake Macdonald.                                                               engineer.

Page 39

7.3    BUSINESS ACTIVITIES CODE

Purpose and overall outcomes

1.     The purpose of the Business Activities code is to ensure business activities:
       (a)    are developed within the context of the zone, locality and character in which they are located;
       (b)    are developed in a manner consistent with the Noosa Shire Centres Hierarchy;
       (c)    provide access to adequate levels of goods and services for existing and future populations and contribute positively to the Shire’s economy and
              employment;
       (d)    mitigate and manage potential adverse impacts associated with Business Activities on residential land uses; and
       (e)    are of a high quality design which appropriately responds to local character, amenity and environmental values.
2.     The overall outcomes sought for the Business Activities code are:
       (a)    Business activities are consistent with and reinforce the Noosa Shire Centres Hierarchy.
       (b)    Business activities are designed and sited in a manner that responds to the zone and locality in which they are located, streetscape characteristics and
              surrounding land uses.
       (c)    Business activities contribute to the economic vibrancy of the centre in which they are located.
       (d)    Business uses are of a type, scale and intensity suitable to their location, surrounding development and character.
       (e)    Site layout, building design and landscape treatments provides efficient and safe conduct of business activities, vehicle access and manoeuvrability.
       (f)    Building design is of a low key human scale and responds to Noosa’s sub-tropical climate.
       (g)    Development integrates with natural landforms and landscape features and protects heritage values.
       (h)    Business activities manage potential negative impacts such as noise, privacy, lighting and hours of operations on residential land uses.
       (i)    Business activities are located and designed to provide a safe and secure environment for patrons and employees.

FOR ACCEPTED DEVELOPMENT
The requirements for Acceptable Development are the acceptable outcomes listed in the Table of Assessment. Accepted development that complies with all the acceptable
solutions is considered to satisfy the requirements. If development complies with some, but not all, acceptable outcomes, an application for Code Assessment will be
necessary and the application will be assessed against the relevant Performance Outcome(s).

FOR ASSESSABLE DEVELOPMENT
Acceptable outcomes are provided for some, but not all, performance outcomes, and identify ways in which performance outcomes can be met. Compliance with the
performance outcome should be demonstrated and the acceptable outcomes are considered as one way to satisfy the corresponding performance outcome.

Page 40

Criteria for assessment:

Performance Outcomes                                       Acceptable Outcomes                                           Compliance Response
All Business activities
Location
PO1                                                        No acceptable outcome provided                                Complies –
Business activities are compatible with the purpose                                                                      The proposed Office use (or future Health Care Service or
of the zone in which they locate and the site is                                                                         Food & Drink Outlet) are compatible with the purpose of the
suitable for the use having regard to accessibility,                                                                     District Centre zone.
infrastructure and servicing.
PO2                                                        No acceptable outcome provided                                Complies –
The business activity is located within an existing                                                                      The subject site is appropriately located in the Corroy
business centre or visitor centre shown in the Noosa                                                                     business Centre area.
Shire Centres Hierarchy or in an industrial zone.
Effects of use
PO3                                                        No acceptable outcome provided                                Complies-
Business activities are of a type, scale and intensity                                                                   The proposed development is of a type, scale and intensity
that is consistent with the zone, locality and character                                                                 that is consistent with the zone and locality.
of the area in which it is located and reinforces the
Noosa Shire Centres Hierarchy.
PO4                                                        No acceptable outcome provided                                Complies –
Business activities contribute to the local economy                                                                      The proposed use will contribute to the local economy and
and vibrancy of the area in which it is located.                                                                         vibrancy of the area.
Major Infrastructure
PO5                                                        AO5.1                                                         Complies -
Development is sufficiently separated from                 Buildings and structures are not constructed under            The proposed building will not be constructed under
infrastructure including electricity infrastructure and    overhead electricity transmission lines, or within            overhead electricity transmission lines or within an
substations to minimise the likelihood of nuisance or      easements.                                                    easement.
complaint.                                                 AO5.2                                                         Not Applicable –
                                                           Development adjacent to or within 50 metres of                The subject site is understood not to be adjacent to or
                                                           a substation, major electricity infrastructure or major       within 50 metres of a substation, major electricity
                                                           utility incorporates noise attenuation measures such          infrastructure or major utility.
                                                           that noise levels do not exceed 5db(A) above
                                                           background noise level internal to buildings measured
                                                           in accordance with AS1055.
                                                           AO5.3                                                         Not Applicable –
                                                           Where adjoining substations, major electricity                The subject site does not adjoining a substation, major
                                                           infrastructure or major utilities, buildings are orientated   electricity infrastructure or major utility.
                                                           so that the majority of windows and doors face away
                                                           from the infrastructure.

Page 41

Building design & siting
Ground floor                                             AO6                                                          Performance Outcome –
PO6                                                      Ground floor spaces have a minimum ceiling height of         A 3.5m floor to floor height is provided for the ground floor
Ground floor spaces and ceiling heights are flexible     3.5 metres to allow flexibility of use (for example;         tenancies to keep the building under the maximum 8m
to cater for a range of business activities.             adaptation for shop, restaurant or office uses)              overall height permitted. This will mean the ceiling height
                                                                                                                      for the ground floor tenancies will be less than the
                                                                                                                      suggested 3.5m by the thickness of the floor structure.
                                                                                                                      A 3m minimum will still be achievable which is suitable for
                                                                                                                      the intended uses.
Outdoor areas                                            AO7                                                          Complies –
PO7                                                      Outdoor areas and roof top areas used for business           There are no known nearby sensitive uses. The ground
Outdoor areas, including balconies and rooftops,         activities are located away from sensitive land uses         floor shopfront addresses Emerald Street with carparking
used for business activities are located, designed       and are generally oriented towards the street.               and services located at the rear.
and operated to avoid causing nuisance to adjoining
or nearby sensitive land uses.
Outdoor Dining areas                                     AO8.1                                                        Not Applicable –
PO8                                                      Walls to outdoor dining areas are:                           No Outdoor Dining area is proposed.
Outdoor dining areas are designed and located so         (a) if facing a roadway or other public area,
that:                                                         transparent and don’t restrict airflow;
(a) structures are aesthetically pleasing and in         (b) separated from the floor and any roof by a
      keeping with the existing character of the area,        minimum vertical gap of 500 millimetres; and
      including the architecture of the                  (c) if detachable or collapsible, are only used during
      associated building;                                    inclement weather.
(b) outdoor dining adds to the streetscape without       AO8.2                                                        Not Applicable –
      increasing perceived building bulk;                Roof, walls or other structures do not extend beyond         No Outdoor Dining area is proposed.
(c) temporary walls or roofs are retracted when not      the boundaries of the premises.
      in use and secured at all times;                   AO8.3                                                        Not Applicable –
(d) the use does not pose a health and safety risk to    Outdoor dining areas:                                        No Outdoor Dining area is proposed.
      patrons;                                            (a) have a non-slip surface which is water resistant
(e) adequate air movement is available; and                   and not raised; and
(f) structures do not impede the movement of              (b) ensures that where heating is provided it does not
      pedestrians or vehicles.                                present a physical risk to diners or pose a fire risk
                                                              to the surrounding buildings and structures
                                                              (braziers are not permitted).
                                                         AO8.4                                                        Not Applicable –
                                                         Outdoor dining areas include soft                            No Outdoor Dining area is proposed.
                                                         landscaping integrated with the outdoor dining
                                                         environment to create an ambient atmosphere for
                                                         diners.
PO9                                                      AO9                                                          Not Applicable –
Adequate clearways and head clearances allow safe        Roof structures over outdoor dining areas have a             No Outdoor Dining area is proposed.
movement for users of the premises.                      minimum clearance height of 2.1 metres.

Page 42

Landscaping
Design of commercial and retail spaces                   No acceptable outcome provided                           Generally Complies –
PO10                                                                                                              The proposal considers and incorporates these
Landscaping softens building bulk and creates a                                                                   landscaping requirements where appropriate to the
casual, pleasant setting for site users and the                                                                   development. Landscaping will be designed a suitably
broader community by:                                                                                             qualified Landscape Consultant to address Council
(a) adopting landscape solutions that reduce the                                                                  requirements.
     visual impact of building bulk;
(b) providing canopy trees and ancillary shade
     structures;
(c) using shrubs and garden beds to clearly define
     public spaces and pedestrian walkways;
(d) providing areas for public art, where appropriate;
(e) providing outdoor areas with seating;
(f) using screen planting to conceal service and
     loading areas;
(g) making provision for outdoor dining areas where
     appropriate, that integrate well within the
     streetscape;
(h) providing adequate screening along the
     perimeters of the development;
(i) avoiding the use of formal planting design
     for frontage works; and
(j) providing planting design and species selection
     that can endure an intensively used
     environment.
Amenity and Safety
Hours of Operation                                       AO11.1                                                   Not Applicable –
PO11                                                     The use or activity does not operate outside the hours   The subject site does not adjoin a residential zone or
Business activities are operated in a manner that        of 7:00am to 9:00pm, seven days a week, where            precinct.
avoids or minimises evening, early morning or            the site directly adjoins land in the following zones:
weekend noise nuisances to sensitive land uses,          (a) All residential zones, except for the Tourist
particularly surrounding residential uses.                     accommodation zone
                                                         (b) Major centre zone – High density residential
                                                               precinct; or
                                                         (c) Rural residential zone.
                                                         AO11.2                                                   To Comply –
                                                         Where the site is not specified above in AO11.1          Proposed uses will comply with these operating hours. This
                                                         the use does not operate outside the hours of            will be the responsibility of the tenants.
                                                         6:00am to 10:00pm, seven days a week, except that a
                                                         business use such as a food and drink outlet, may
                                                         operate until 12:00 midnight on a Friday and Saturday.

Page 43

Overlooking                                             AO12                                                          Not Applicable –
PO12                                                    Where the business activity adjoins an existing or            The subject site does not adjoin an approved or existing
Business activities maintain the reasonable privacy     approved residential use, the reasonable privacy and          residential use.
and amenity of site and adjoining residents and their   amenity of such uses is maintained by:
enjoyment of indoor and outdoor living areas is not     (a) siting and orienting buildings to minimise the
unreasonably diminished.                                      likelihood of overlooking occurring;
                                                        (b) having windows and outdoor areas, (including
                                                              balconies and terraces) located and designed so
                                                              that they do not look into dwellings or visitor
                                                              accommodation; and
                                                        (c) incorporating screening over building openings.
Noise, visual and odour impacts                         AO13.1                                                        Complies –
PO13                                                    Undesirable noise, visual or odour impacts on public          While there are no adjoining residential uses, the Loading
Business activities are designed, sited and operated    spaces and residential uses, are avoided or reduced           and Storage Areas are located at the rear with access from
to avoid environmental nuisances such as noise,         by:                                                           Wimmers Lane with the building providing screening from
visual or odour impacts that unreasonably diminish      (a) providing vehicle loading/unloading and refuse            Emerald Street.
the amenity of the area or surrounding uses.                  storage/collection facilities within enclosed service
                                                              yards or courtyards; and
                                                        (b) not locating site service facilities and areas along
                                                              any frontage to a street or other public space.
                                                        AO13.2                                                        Not Applicable –
                                                        Where the business activity requires the use of               There are no nearby sensitive land uses identified.
                                                        acoustic attenuation measures to mitigate adverse
                                                        impacts on nearby sensitive land uses, such measures
                                                        are designed and constructed to be compatible with the
                                                        local streetscape.
Live Music                                              AO14.1                                                        Not Applicable –
PO14                                                    Where the site is adjacent to land in a residential zone      The subject site does not adjoin a residential zone or
Live music creates entertainment for patrons and        (excluding Tourist Accommodation Zone), the Noosa             precinct.
vibrancy within the streetscape and is sited to avoid   Business Centre High Density Residential Precinct,or
significant impacts on surrounding residential land     the Rural Residential Zone live music is contained
uses.                                                   within an enclosed acoustically treated environment.
                                                        AO14.2                                                        Not Applicable –
                                                        Acoustic live music (not reliant on electric or electronic    Live Music is not anticipated for any proposed use.
                                                        equipment) ceases to operate in outdoor spaces by
                                                        9:00pm Sunday – Thursday, and by 10:00pm Friday
                                                        and Saturday, except if located within the Hastings
                                                        Street Mixed Use Precinct or Noosa Junction
                                                        Hospitality precinct where it can operate until 10:00pm
                                                        Sunday - Thursday, and by 12:00 midnight Friday and
                                                        Saturday.

Page 44

                                                    AO14.3                                                    Not Applicable –
                                                    Amplified live music ceases to operate in outdoor         Live Music is not anticipated for any proposed use.
                                                    space by 7:00pm seven days per week, except if
                                                    located within Hastings Street Mixed use precinct or
                                                    Noosa Junction Hospitality precinct where it can
                                                    operate until 9:00pm Sunday - Thursday and 10:00pm
                                                    Friday and Saturday.
PO15                                                AO15                                                      Complies –
Waste storage areas, external storage areas and     Waste storage areas, external storage areas and           Loading and Storage Areas are located at the rear with
loading docks do not detract from the visual amenityloading docks are located within basements or are         access from Wimmers Lane with the building providing
of the streetscape or cause nuisance to adjoining   visually screened by landscaping or fencing and           screening from Emerald Street.
properties.                                         situated to the rear of the building.
Car Parking                                         AO16                                                      Complies –
AO16                                                Parking is provided in accordance with Table 9.4.2.4 of   Carparking is provided at a compliant rate of 1 space per
Sufficient car parking is available to accommodate  the Driveways and Parking Code.                           20m2 of GFA (24 spaces total proposed).
the number and type of vehicles likely to be
generated by the use on site.
Veterinary Service
Response to PO17 Not Applicable – Proposal is not for a Veterinary Service
Service Station
Response to PO18-PO29 Not Applicable – Proposal is not for a Service Station
Markets
Response to PO30-PO37 Not Applicable – Proposal is not for a Market

Page 45

7.4      HERITAGE OVERLAY CODE

Purpose and overall outcomes

1.    The purpose of the Heritage overlay code is to ensure:
      (a)      development on an identified local heritage place is compatible with the heritage significance of the place; and
      (b)      the streetscape character and significance of identified character areas are conserved and enhanced.
2.    The overall outcomes sought for the Heritage overlay code are:
      (a)      Development on a local heritage place is compatible with the heritage significance of the place by:
              (i) retaining local heritage places to a level that ensures the retention of their cultural heritage significance;
             (ii) maintaining or encouraging as much as possible the appropriate use or adaptive reuse of a local heritage place to provide for the future protection of its
                    heritage values, while also protecting the amenity of adjacent uses;
            (iii) protecting, as far as practical, the context and setting of the local heritage place;
            (iv) ensuring that development on a local heritage place is sympathetic with the cultural heritage significance and retains valued heritage features of the place.
      (b)      Development is appropriately managed to prevent damage and disturbance to local heritage places during construction and operational phases of development.
      (c)      Development in a character area is sympathetic to the streetscape character and heritage values of the area by retaining buildings, structures and other elements
               that contribute to the preferred character of the area and by complementing the predominant building styles in the street.
      (d)      For Cooroy-Maple Street Character Area:
              (i) The historic business centre of Cooroy extending from Marara St in the north to Crystal Street in the south, including 9-73 Maple Street and 19 Crystal Street,
                    as shown on Heritage Overlay Map is retained and protected.
             (ii) Business, community and residential buildings from the early to mid-twentieth century, which influence the character of the area are retained.
            (iii) Local heritage places within Table 8.2.7.4 of this overlay code are protected including:
                    (A) Former Cooroy Butter Factory (Art Gallery), c.1930 – 11 Maple Street;
                    (B) Former Ferguson’s Auctioneer’s Office, c.1910 – 21 Maple Street;
                    (C) The Memorial Hall, c.1926 – 23-29 Maple Street;
                    (D) Cooroy Post Office, c.1914 – 33 Maple Street;
                    (E) Methodist (Uniting) Church and Church Hall, c.1911 – 51 Maple Street; and
                    (F) Peachy’s House, c.1929 – 68 Maple Street.
            (iv) Development reflects country town character elements reminiscent of Cooroy’s heritage characteristics.
             (v) Development maintains and reflects the historic architectural features in Cooroy including the traditional building designs of a predominately low rise and low
                    impact scale, typified by lightweight construction, with a timber frame, generally raised above ground on stumps, many featuring verandah elements,
                    sunhoods and awnings to window and wall openings and simple roof designs, either gabled or hipped. Typical materials used include timber for cladding and
                    corrugated iron for roofs.
            (vi) The business centre characteristics, including continuous shop fronts with buildings predominantly single storey, reflecting a human scale with flat
                    cantilevered awnings over the footpath that create an intimate town atmosphere, are retained and protected.
           (vii) Outdoor dining, verandas and glazed shopfronts provide an active interesting streetscape and places for people to meet.
          (viii) Development along Maple Street, south of the business centre maintains a domestic scale and form consistent with the Queensland vernacular with
                    landscaped setbacks and front yards without front fences, and low impact domestic scale buildings that contribute to the open character of this part of
                    the character area.

Page 46

Criteria for assessment:

Performance Outcomes                                   Acceptable Outcomes                                         Compliance Response
Material Change of Use involving a Local Heritage Place
PO1                                                   AO1                                                          Not Applicable –
Development is compatible with the cultural heritage  Development is undertaken in accordance with the             The subject site is adjacent to but not a Heritage Place
significance of the local heritage place.             Australian ICOMOS Charter for Places of Cultural             itself.
                                                      Heritage Significance (Burra Charter).
PO2                                                   No acceptable outcome provided                               Not Applicable –
Local heritage places are conserved and protected                                                                  The subject site is adjacent to but not a Heritage Place
by providing for their adaptive reuse, provided the                                                                itself.
new use is compatible with the ongoing conservation
management of the local heritage place.
Reconfiguring a Lot involving a Heritage Place or Character Area
PO3                                                   AO3                                                          Not Applicable –
Development does not:                                 Development is undertaken in accordance with the             The proposal is not for Reconfiguration of a Lot.
(a) reduce public access to the local heritage place; Australian ICOMOS Charter for Places of Cultural
(b) result in a local heritage place being obscured   Heritage Significance (Burra Charter).
     from public view; and
(c) obscure or destroy any pattern of an historic
     subdivision, the landscape setting or the scale
     and consistency of the urban fabric relating to
     the local heritage place or character area.
Building Work for demolition or removal of a Local Heritage Place
PO4                                                   AO4.1                                                        Not Applicable –
Local heritage places are retained, where             Local heritage places are retained on their existing         No demolition or removal of a Local Heritage Place is
practicable, and not removed from character areas.    premises;                                                    proposed. This is a vacant site.
                                                      OR

                                                       AO4.2
                                                       Where a local heritage place cannot be practicably
                                                       retained on its existing premises, it is relocated to an
                                                       alternative location within the Noosa Shire and
                                                       reinstated to a standard that is suitable for reuse,
                                                       provided relocation of the building or structure will not
                                                       adversely impact on the cultural heritage significance of
                                                       the heritage site, having regard to whether the
                                                       maintenance of its significance is dependent on
                                                       the building on structure being retained in its existing
                                                       location;
                                                       OR

Page 47

                                                         AO4.3
                                                         Demolition only occurs where the—
                                                            (a) building or structure cannot be practicably
                                                                 retained on the existing premises; and
                                                            (b) the premises are physically constrained such
                                                                 that the building or structure cannot be
                                                                 relocated to an alternative site; or
                                                            (c) the building or structure is structurally unsound
                                                                 and not capable of economic repair.

                                                        AO4.4
                                                        Where a local heritage place is to be relocated or
                                                        demolished, an archival quality photographic record is
                                                        made of the features of the place, which meets the
                                                        standards outlined in the Queensland Government
                                                        Guideline: Archival recording of heritage places.
Building Work or Operational Work involving a Local Heritage Place
PO5                                                     AO5                                                         Not Applicable –
Development conserves and is subservient to the         Development does not alter, damage remove or                The subject site is adjacent to but not a Heritage Place
features and values of the local heritage place that    conceal significant features of the local heritage place.   itself. This is a vacant site.
contribute to its cultural heritage significance and
does not adversely affect the character, setting or
appearance of the local heritage place.
PO6                                                     No acceptable outcome provided                              Not Applicable –
Development on local heritage places:                                                                               The subject site is adjacent to but not a Heritage Place
(a) respects the original architectural style and                                                                   itself. This is a vacant site.
     proportions of the relevant era;
(b) retains the original roof form and pitch;
(c) retains or conforms with the original veranda,
     window and door design and detailing;
(d) ensures building works are compatible with the
     scale, height and bulk of the building;
(e) provides visual and structural disconnection of
     new works from the existing building;
(f) locates building works to the rear of the
     existing building or to where they are not visible
     or overly obtrusive from the street or public
     places;
(g) uses materials of the relevant architectural era;
(h) retains existing mature vegetation around
     the site, particularly where it contributes to the
     heritage significance of the place;
(i) ensures new garages, fencing and landscaping

Page 48

      are compatible with the scale and design of the
      relevant architectural era; and
(j)   ensures excavations and earthworks do not
      have a detrimental impact on sites of
      archaeological potential.
PO7                                                    No acceptable outcome provided                                To Comply –
The construction timing, transport, access, storage                                                                  This will be a requirement of the building contractor.
and use of materials on and adjacent to the local
heritage place are managed to avoid adversely
impacting on the local heritage place.
Retention of historical streetscapes within character areas
PO8                                                    AO8.1                                                         Not Applicable –
The valued streetscape character within character      Character buildings and heritage sites within character       The subject site is adjacent to but not a Heritage Place
areas are protected through the retention of buildings areas are retained (see Figure AP3-6B for examples of         itself. This is a vacant site.
that contribute positively to that character.          character buildings);.
                                                       OR

                                                        AO8.2
                                                        Where a character building or heritage site cannot be
                                                        practicably retained on its existing premises,
                                                        the building or structure is relocated to an alternative
                                                        location within the Noosa Shire and reinstated to a
                                                        standard that is suitable for reuse, provided relocation
                                                        of the character building or heritage site will not result
                                                        in the loss of valued streetscape character;
                                                        OR

                                                        AO8.3
                                                        Demolition only occurs where the—
                                                        (a) building or structure cannot be practicably
                                                             retained on the existing premises; and
                                                        (b) the premises are physically constrained such that
                                                             the building or structure cannot be relocated to an
                                                             alternative location; or
                                                        (c) the building or structure is structurally unsound
                                                             and not capable of economic repair.
                                                        AO8.4
                                                        Where a character building or local heritage place is to
                                                        be relocated or demolished, an archival quality
                                                        photographic record is made of the features and
                                                        values, which meets the standards outlined in the
                                                        Queensland Government Guideline: Archival recording
                                                        of heritage places.

Page 49

Building Works or Operational Works within character areas
PO9                                                     No acceptable outcome provided   Complies –
Development in character areas is compatible with                                        The proposed development compliments and is compatible
the setting and valued streetscape character by—                                         with the local streetscape character respecting the form,
(a) respecting the form, bulk, scale and height of                                       bulk, scale, height and style of nearby buildings in the
     heritage sites or character buildings within the                                    character streetscape. Carparking and services are located
     streetscape;                                                                        at the rear of the building and not visible from the Emerald
(b) complementing original roof forms and pitch                                          Street frontage.
     within the streetscape;
(c) locating building works to the rear of the
     existing building or to where they are not visible
     or overly obtrusive from the street or public
     places;
(d) conforming with the original fencing, veranda
     and façade design and detailing within the
     streetscape;
(e) using materials and elements that reflect the
     valued character; and
(f) retaining existing mature vegetation around
     the site.
PO10                                                    No acceptable outcome provided   To Comply –
The construction timing, transport, access, storage                                      This will be a requirement of the building contractor.
and use of materials on and adjacent to the character
area and character buildings are managed to avoid
adversely impacting on features and values.
Advertising devices and interpretive signage
PO11                                                    No acceptable outcome provided   Complies –
Interpretive signs do not adversely impact on the                                        Proposed signage will not adversely impact on the local
valued character of a local heritage                                                     heritage character of the area.
place or character area.
Advertising devices                                     No acceptable outcome provided   Complies –
PO12                                                                                     Proposed signage will be in keeping with other nearby
Advertising devices located on a local heritage                                          streetscape signage and will not adversely impact on the
place or within a character area are designed and                                        local heritage character of the area.
sited so as to—
(a) be compatible with the cultural heritage
     significance and valued character of the place or
     area;
(b) not obscure the appearance or prominence of
     the heritage or character values when viewed
     from the major road network or any
     adjoining public open space.

Page 50

8.0 CONCLUSION
This development is designed to meet the growing and changing needs of the locality
and new owners of the subject site. It proposes a new 2 Storey Commercial Building
for Business Use with the flexibility of use as Offices or possible Health Care Service
and Food & Drink Outlet as Accepted Development.

In summary:

   •   The proposed use of the site is generally consistent with the vision and desired
       outcomes of the Strategic and Local Plans;
   •   Is sympathetic and complimentary to the heritage character of the local
       streetscape;
   •   The proposed development generally accords with the Performance Criteria of
       the relevant codes;
   •   Is of a density and scale compatible with the surrounding locality and future
       intent of the area;
   •   Is visually appealing, maintains and enhances the existing streetscape and
       character of the locality;
   •   Makes use of existing infrastructure; and
   •   Addresses a demand and need for this type of development in the area.

Generally, we believe this development proposal meets the requirements of the Noosa
Council Planning Scheme and accordingly seek a timely approval with reasonable and
relevant conditions for the same. Please contact the applicant if any additional
information is required.

Page 51

Appendix 1 — Noosa Council Property Details

Page 52

3/31/22, 11:13 AM                                                    Public > Noosa Plan 2020


                                                                                                                             1 OF 1

                                                                                                                                      >
    Lot               47



    Plan              C5602



    Property ID       128794



    Property Name



    Lot Area          1010.96



    Address           2 Emerald St, COOROY
                      QLD 4563



    DA History
                          DA History




    SARA Link
                          SARA Link




    Google            (click on image to visit)
    Streetview:




    Acid Sulphate     -
    Soils



    Agricultural      -
    Land
    Conservation
    Area



    Bushfire          -



    Coastal           -
    Protection Area



    Environment -     -
    Enhance Or
    Protect



    Extractive        -

https://enterprise.mapimage.net/IntraMaps910/?configId=64251f07-9411-4a61-930e-2bd9b45d8fff&project=Public&module=Noosa Plan 2020&to…     1/2

Page 53

3/31/22, 11:13 AM                                                    Public > Noosa Plan 2020
    Resource - Haul
    Route Buffer



    Flood Hazard      -
    Extents



    Gas Pipeline      -



    Heritage -        YES
    Character Area



    Heritage - QLD    -
    Register



    Heritage Site     -



    Noosa Plan        District Centre
    Zones (2020)



    Key Resource      -
    Processing Area



    Local             -
    Resources
    Processing Area



    2020 Precinct     -



    Mining Leases     -



    Resource          -
    Separation Area



    Riparian Buffer   -
    Area



    Slide Hazard -    -
    All Combined



    Koala Priority    -
    Habitat



    Core Koala        -
    Habitat



    Local Koala       -
    Habitat




https://enterprise.mapimage.net/IntraMaps910/?configId=64251f07-9411-4a61-930e-2bd9b45d8fff&project=Public&module=Noosa Plan 2020&to…   2/2

Page 54

3/31/22, 11:15 AM                                                            Noosa Council - eProperty - Property Details

                                                                                                                            Registered User Login




 Property Details
 Property Details

 Property Number               128794
 Property Type                 Vacant Block
 Status                        Current
 Property Address              2 Emerald St COOROY QLD 4563
 Legal Description             Lot 47 C 5602



 Related Land Parcels

 Formatted Address             2 Emerald St COOROY QLD 4563
 Land Legal Description        Lot 47 C 5602



 Applications Submitted

 Application Submitted
                           Details                                              Stage/Decision
 Number      Date
                           Demolition/Removal of Dwelling & Shed - 2 Emerald St
 PC14/1033    24/10/2014                                                        Finalised
                           COOROY
                           LAPSED - 2 Emerald St Cooroy - Retail Business Type
                           2 - Shop (3) and Commercial Business Type 1 - Office
 MCU14/0091 17/11/2014                                                          Lapsed
                           (3) - B & H Durrington & KS Smith - Max Watterson &
                           Associates




   PREVIOUS




https://noo-web.t1cloud.com/T1PRDefault/WebApps/eProperty/P1/eTrack/eTrackPropertyDetails.aspx?r=P1.WEBGUEST&f=%24P1.ETR.PRPD…               1/1

Page 55

3/31/22, 11:14 AM                                                      Noosa Council - eProperty - Application Search Results

                                                                                                                                Registered User Login




 Application Search Results

 Application Submitted
                           Details                                              Stage/Decision
 Number      Date
                       LAPSED - 2 Emerald St Cooroy - Retail Business Type
                       2 - Shop (3) and Commercial Business Type 1 - Office
 MCU14/0091 17/11/2014                                                      Lapsed
                       (3) - B & H Durrington & KS Smith - Max Watterson &
                       Associates
                           Demolition/Removal of Dwelling & Shed - 2 Emerald St
 PC14/1033    24/10/2014                                                        Finalised
                           COOROY


   PREVIOUS




https://noo-web.t1cloud.com/T1PRDefault/WebApps/eProperty/P1/eTrack/eTrackApplicationSearchResults.aspx?r=P1.WEBGUEST&f=$P1.ETR.…                1/1

Page 56

Appendix 2 — Existing Site Survey Plan

Page 57

 

 

   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
 
      
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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—----- PAVING no
FORO RETAINING WALL DENOTES PAVING
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u“ FENCE DENOTES DAMPOCL Scale 1:250 - Lengths are in Metres
MAJOR CONTOUR ey beNores TACE busts | | | | | | | | | |
MINOR CONTOUR 25 0 2.5 5 75 10 12.5 15 17.5 20 22.5 25 27.5
Client: Project: Plan 1 of 1 NOTE:
B H DURRINGTON PLAN SHOWING This plan has been prepared for building
. . Date: 05-06-15 design purposes only.
D ETA! L & CONTOU RS Underground services not located except
MAX WATTERSON AT ON LOT 47 ON Scale: 1:250 where evident on surface.
Di i fi 1$216292.
ASSOCIATES C5602. Datum: AHD imensions from
Origin: RL seer Addendum: 05/06/2015 Detail east of Lot
PARISH: TEWANTIN . 46/47 boundary from previous survey shown
eee Cont.Int: 0.5m on Plan 14-3702AA.
aple Street .
PO Box 639 COUNTY: MARCH
Cooroy Qid 4563
LOCAL GOVT: NOOSA SHIRE COUNCIL Ref:
Ph. (07) 54426121 er:
eno Wey ies de) LOCALITY: COOROY -
Email. [email protected] 14 3702AB

 

 

 

 

 

 

Page 58

Appendix 3 — State Assessment & Referral Agency Report

Page 59

            State Assessment and Referral Agency
                                            Dat
                                              e:31/
                                                  03/
                                                    2022



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                                                    andGovernment
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              holdsnoresponsibil
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Matters of Interest for all selected Lot Plans
SEQ Regional Plan land use categories
Water resource planning area boundaries


Matters of Interest by Lot Plan
Lot Plan: 47C5602 (Area: 1012 m 2)
 SEQ Regional Plan land use categories
 Water resource planning area boundaries

Page 60

                                                               State Assessment and Referral Agency
                                                                                                         Dat
                                                                                                           e:31/
                                                                                                               03/
                                                                                                                 2022




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Page 61

                                                         State Assessment and Referral Agency
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Page 62

                          State Planning Policy - Lot Plan Search
                                 Making or amending a local planning instrument
                                and designating land for community infrastructure
                                                        Date: 31/03/2022




       Location Diagram


                                                                         Queensland Government
                                                                                    © The State of Queensland 2022.                                       ¢
Queensland
Queensland                                            0                       8                    16                     24                     32

                                                                                                Metres

                                Disclaimer: This map has been prepared with due care based on the best available information at the time of publication. However, the State of Queensland
                                (acting through the department) makes no representations, either express or implied, that the map is free from errors, inconsistencies or omissions. Reliance
                                on information contained in this map is the sole responsibility of the user. The State disclaims responsibility for any loss, damage or inconvenience caused as
                                a result of reliance on information or data contained in this map.

Page 63

State Planning Policy mapping layers - consolidated list for all selected Lot Plans
(Note: Please refer to following pages for State Interests listed for each selected Lot Plan)

NATURAL HAZARDS RISK AND RESILIENCE
- Flood hazard area - Local Government flood mapping area*




                                                               State Planning Policy
                                                            Making or amending a local planning instrument
                                                           and designating land for community infrastructure
                                                                             Date: 31/03/2022
                  Queensland Government
                                                                   Disclaimer: This map has been prepared with due care based on the best available information at the time of publication. However, the State of
                         © The State of Queensland 2022.           Queensland (acting through the department) makes no representations, either express or implied, that the map is free from errors, inconsistencies
                                                                   or omissions. Reliance on information contained in this map is the sole responsibility of the user. The State disclaims responsibility for any loss,
                                                                   damage or inconvenience caused as a result of reliance on information or data contained in this map.

Page 64

State Planning Policy mapping layers for each selected Lot Plan

Lot Plan: 47C5602 (Area: 1012 m2)
NATURAL HAZARDS RISK AND RESILIENCE
- Flood hazard area - Local Government flood mapping area*




                                                         State Planning Policy
                                                      Making or amending a local planning instrument
                                                     and designating land for community infrastructure
                                                                       Date: 31/03/2022
             Queensland Government
                                                             Disclaimer: This map has been prepared with due care based on the best available information at the time of publication. However, the State of
                   © The State of Queensland 2022.           Queensland (acting through the department) makes no representations, either express or implied, that the map is free from errors, inconsistencies
                                                             or omissions. Reliance on information contained in this map is the sole responsibility of the user. The State disclaims responsibility for any loss,
                                                             damage or inconvenience caused as a result of reliance on information or data contained in this map.

Page 65

Appendix 4 — Previous Development Approval MCU14/0091

Page 66

                                          Officer:                  Glen Conforti
                                          Direct Telephone:         07 53296241
                                          Our Reference:            MCU14/091:
                                          Your Reference:           14/3702

31 July 2015


BH Durrington & AT Durrington & KS Smith TTE
C/- Max Watterson & Associates
PO Box 639
COOROY QLD 4563


Dear Sir

                                 Decision Notice
                             Sustainable Planning Act 2009

I refer to your application and advise that on 30 July 2015, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1     APPLICATION DETAILS

Application No:                MCU14/0091
Street Address:                2 Emerald Street Cooroy Qld 4563
Real Property Description:     Lot 47 C 5602
Planning Scheme:               The Noosa Plan (16 September 2013)
2     DECISION DETAILS

The following type of approval has been issued:
•     Development Permit for Material Change of Use of Premises - Retail Business
      Type 2 - Shop (3) & Commercial Business Type 1 - Office (3)
3     RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
4     ASSESSMENT MANAGER CONDITIONS

PLANNING
      When Conditions must be Complied With
1.    Unless otherwise stated, all conditions of this Decision Notice must be complied
      with prior to the use commencing, and then compliance maintained at all times
      while the use continues.




                               PO Box 141               P. (07) 5329 6500     [email protected]
                               TEWANTIN QLD 4565        F. (07) 5329 6501     www.noosa.qld.gov.au
                                                                                               Page 1 of 11

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                                                                          MCU14/0091


     Approved Plans
2.   Development undertaken in accordance with this approval must generally comply
     with the approved plans of development. The approved plans are listed in the
     following table unless otherwise amended by these conditions.
      Plan No.   Rev.    Plan/Document Name                                Date
      A1.00      B       Site Plan, prepared by Tulip Design               21.03.15

      A1.01      B       Floor Plan, prepared by Tulip Design              21.03.15

      A2.01      B       Elevations – Sheet 1, prepared by Tulip Design    21.03.15

      A2.02      B       Elevations – Sheet 2, prepared by Tulip Design    21.03.15

      A3.01      B       Section, prepared by Tulip Design                 21.03.15

      A9.01      B       3D impressions, prepared by Tulip Design          21.03.15

      L1.01      B       Landscape Plan, prepared by Tulip Design as 21.03.15
                         annotated by Council

3.   The Approved Plans must be amended to incorporate the amendments listed
     within this Decision Notice and resubmitted to Council prior to the issue of any
     Development Permit for Operational Works*.
     *(Refer to Advisory Note)
     Building Height
4.   The maximum height of the development must not exceed 8 metres above the
     finished ground level and the natural ground level and 2 storeys.
5.   Certification must be submitted to Council from a Licensed Surveyor which certifies
     that the building does not exceed the maximum height requirement of this Decision
     Notice.
     Performance Bond
6.   Security in the form of a cash bond or trading bank guarantee to the sum of
     $10,000 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.
     The cash bond or trading bank guarantee will be returned on performance of the
     conditions of approval less any costs incurred by Council in respect of enforcing
     performance of this permit. Council reserves the right to call upon the bond or
     guaranteed sum to effect compliance with conditions.
     Street Identification
7.   The street address of the development must be clearly visible and discernible from
     the primary frontage of the site by the provision of a street number and, where
     appropriate, the building name.
     Building Design
8.   The street awning must extend for the full width of the frontage and be setback 1m
     from the face of the kerb. Amended plans must be submitted prior to the issue of
     an operational works approval.



                                                                               Page 2 of 11

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                                                                            MCU14/0091


9.    A variety of external material finishes must be incorporated to the north elevation
      and the west elevation as indicated on the approved plan.
10.   All mechanical equipment such as air-conditioning units, pumps or refrigeration
      and the like must not be seen from Emerald Street.
      Water & Sewer Connections
11.   An underground connection to reticulated water and sewerage must be provided to
      the development site in accordance with the standards and requirements of
      Northern SEQ Distributor–Retailer Authority (Unitywater).
      A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
      (Unitywater) must be submitted to Council that certifies an underground connection
      to reticulated water and sewerage has been provided to the development site.
      Landscaping Works
12.   The development site must be landscaped. The works must be undertaken
      generally in accordance with the approved landscaping plan, Planning Scheme
      Policy PSP 3 Landscaping Plants and Guidelines and in accordance with an
      Operational Works approval and must include in particular:
      a.   the works shown on the Approved Plans
      b.   the Archontophoenix cunninghamiana must be deleted from within the
           garden along the Emerald Street frontage and replaced with a native shrub
13.   All landscape works must be established and maintained in accordance with the
      approved design for the life of the development, and in a manner that ensures
      healthy, sustained and vigorous plant growth. All plant material must be allowed to
      grow to full form and be refurbished when its life expectancy is reached.
14.   All landscape works must be maintained generally in accordance with the
      approved design for the life of the development.
ENGINEERING
      External Works
15.   Emerald Street must be upgraded for the length of its frontage to the subject site.
      The works must be undertaken in accordance with an Operational Works approval
      and must include in particular:
      a.   a full width pathway extending from the property boundary to the kerb and
           channel
      b.   works to transition the new full width pathway to match smoothly with the
           existing frontages of the adjoining properties. These works will extend
           beyond the frontage of the subject site. The transitions must be constructed
           at grades that are in accordance with Council’s Planning Scheme Policy 5 –
           Engineering Design Standards – Roads, Drainage and Earthworks.
      c.   any necessary relocation or alteration to existing access from Emerald Street
           to the adjoining property at 4 Emerald Street must be undertaken. The type
           and extent of these works must be in agreement with the adjoining property
           owner and clearly shown on plans submitted for operational works
      d.   any relocation/reinstatement of existing services in the road verge
      These works are to be undertaken at no cost to Council.




                                                                                 Page 3 of 11

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                                                                            MCU14/0091


      This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
      being non-trunk infrastructure.
      Site Access and Driveways
16.   A sealed access driveway must be provided from Wimmers Lane to all parking and
      manoeuvring areas of the development. The works must be undertaken in
      accordance with an Operational Works approval and must include in particular
      extension of the existing formation to the property boundary to provide a suitable
      access to the carparking area.
      This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
      being non-trunk infrastructure.
      Car Parking
17.   A minimum of 23 car parking spaces must be provided and marked on the site and
      made available and accessible at all times while the use is open for business. The
      works must be undertaken in accordance with an Operational Works approval and
      must include in particular:
      a.   12 customer parking spaces within the total, which are clearly marked for
           that purpose and accessible at all times for visitor use
      b.   11 staff parking spaces within the total, which are clearly marked for that
           purpose
      c.   1 disabled parking space within the total
      d.   crossfalls, dimensions and gradients in accordance with Australian Standard
           AS2890: Parking Facilities.
18.   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.
      Bicycle Facilities
19.   Six (6) bicycle parking spaces and 3 lockers must be provided for the
      development.
      Stormwater Drainage
20.   All stormwater drainage must be collected and discharged so there is no net
      increase in stormwater runoff from the site.
21.   The site must be provided with a stormwater drainage system connecting to a
      lawful point of discharge. The works must be undertaken in accordance with an
      Operational Works approval and be generally in accordance with drawing number
      1501-02B prepared by Callaghan and Toth dated March 2015.
      Undergrounding of Existing Overhead Powerlines
22.   The existing overhead electricity reticulation connection to the site must be
      removed and any new connection must be provided underground.
      Easements
23.   A 1.5 metre wide easement for “Public Thoroughfare” purposes must be registered
      against the title of the property in favour of Council. The easement must be located
      directly adjacent to the Wimmers Lane frontage. The easement must:
      a.   be clearly shown on all plans submitted for Operational Works




                                                                                 Page 4 of 11

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                                                                              MCU14/0091


      b.    be registered prior to the commencement of the use
      c.    the terms of the easement must allow for the use of the easement for car
            parking purposes until such time Council decides otherwise.
24.   Unless otherwise agreed in writing by the relevant service provider, any public or
      third party infrastructure located on the subject site must be placed within an
      easement registered against the title of the property.
25.   All easements must be designed in accordance with the planning scheme and
      granted at no cost to the Grantee. Where the Grantee is Council or a service
      authority, the easement documentation must be in accordance with the Grantee’s
      standard easement terms. Draft easement documentation must be submitted to
      Council for endorsement.
26.   All works must be kept clear of any existing or proposed easements on the subject
      land, unless agreed otherwise in writing by the Grantee.
      Earthworks and Retaining Walls
27.   All fill and associated batters must be undertaken in accordance with an
      Operational Works approval, and contained entirely within the subject site unless
      written permission from the respective landowner(s) is provided to Council.
      Damage to Services and Assets
28.   Any damage caused to existing services and assets as a result of the development
      works must be repaired at no cost to the asset owner at the following times:
      a.    where the damage would cause a hazard to pedestrian or vehicle safety,
            immediately; or
      b.    where otherwise, upon completion of the works associated with the
            development.
      Any repair work which proposes to alter the alignment or level of existing services
      and assets must first be referred to the relevant service authority for approval.
ENVIRONMENTAL HEALTH
      Waste Disposal
29.   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” and an operational works approval. 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.
30.   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.




                                                                                  Page 5 of 11

Page 71

                                                                             MCU14/0091


31.   A Waste Management Plan (Operational) in accordance with Planning Scheme
      Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
      Premises”, must be submitted for the day-to-day operation of the development and
      approved by Council’s Health Section prior to issue of development permit for
      operational works. The Waste Management Plan must include the following:
      •    the types of waste that will be generated from the activities approved within
           the development
      •    estimated volumes or tonnage of both recyclables and waste generated
      •    methods to be used for dealing with garden waste
      •    initiatives to minimize waste either by waste prevention, reduction, re-use or
           recycling
      •    description of procedures for getting all waste to the bins; the storage of bins
           and the collection of bins by the contractor
      •    a detailed description of vehicular access to collect waste. Where collection
           is off street, access must allow vehicles to enter and leave the site in a
           forward direction.
      Noise Nuisance
32.   Noise emission from mechanical equipment must comply with the following
      requirements:
      a.   Air-conditioning and Refrigeration
           •      7am to 10pm: Maximum background + 5dB(A)
           •      10pm to 7am: Maximum background + 3dB(A)
      b.   Pumps
           •      7am to 7pm: Maximum background + 5dB(A)
           •      7pm to 10pm: Maximum background + 3dB(A)
           •      10pm to 7am: No audible noise.
33.   Submission of written certification from a suitably qualified person confirming that
      the noise levels from all mechanical equipment comply when measured at 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. All equipment should be operating at the same time to test the overall
      noise level created.
5     REFERRAL AGENCIES

Not Applicable.
6     ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:




                                                                                 Page 6 of 11

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                                                                          MCU14/0091


     Equitable Access and Facilities
1.   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:
     a.   the Disability Discrimination Act 1992 (Commonwealth);
     b.   the Anti-Discrimination Act 1991 (Queensland); and
     c.   the Disability (Access to Premises – Buildings) Standards.
     Development Compliance Inspection
2.   Prior to the commencement of the use, please contact Council's DA Planning
     Section to arrange a Development Compliance Inspection.
     Infrastructure Charges
3.   This Development Permit will trigger an “Infrastructure Charge Notice” to be issued
     in accordance with Council’s “Adopted Infrastructure Charges Resolution” under
     the State Planning Regulatory Provision (Adopted Charges) and the Sustainable
     Planning Act 2009.
     Noise
4.   It is highly recommended the person engaged to certify the installation of
     mechanical equipment is involved at the plan development stage to 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.
     Building and Construction Industry (Portable Long Service Leave) Levy
5.   The QLeave levy must be paid prior to the issue of a development permit where it
     is required. Council will not be able to issue a Decision Notice without receipt of
     details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or
     (07) 3212 6855.
     Co-ordination of Operational Works Assessment
6.   Additional application fees apply to Operational Work 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
7.   A preliminary Construction Management Plan must be submitted with the
     Operational Works application and must address the following:
     a.   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 for the areas affected by the
                works during and after daily construction has ceased




                                                                               Page 7 of 11

Page 73

                                                                            MCU14/0091


           iii.   proposed fencing to the site during the construction phase of the
                  development
           iv.    provision for worker car parking
     b.    maintenance and protection of water quality and existing drainage lines
           through the construction site, through the implementation of appropriate
           erosion and sediment control measures
     c.    works programme identifying key components of the works and their
           respective durations
     d.    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, services and other relevant issues
     e.    identification of complaint management procedures including:
           i.     contact details for the on-site manager
           ii.    dispute resolution procedures
     f.    it is acknowledged that the preliminary 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.
7    PROPERTY NOTES

Not Applicable
8    PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable
9    FURTHER DEVELOPMENT PERMITS REQUIRED

•    Development Permit for Operational Works               (External   Works,   electrical,
     landscaping, access, stormwater and earthworks)
•    Development Permit for Building Works (all Building Works)
10   SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development
approval issued under this Decision Notice must be complied with.
•    Advertising Devices Code
11   SUBMISSIONS

Not Applicable
12   REASONS/GROUNDS FOR APPROVAL

Not Applicable
13   RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 is attached.




                                                                                 Page 8 of 11

Page 74

                                                                           MCU14/0091


During the appeal period, you as the applicant may suspend your appeal period and
make written representations to Council about the conditions contained within the
development approval. If Council agrees or agrees in part with the representations, a
“negotiated decision notice” will be issued. Only one “negotiated decision notice” may be
given. Taking this step will defer your appeal period, which will commence again from
the start the day after you receive a “negotiated decision notice”. (Refer to Part 8
“Dealing with decision notices and approvals” - Division 1 “Changing decision notices
and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
14     OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully




Kerri Coyle
Manager Planning & Environment

cc      Unitywater


Enc:    Adopted Infrastructure Charge Notice
        Approved Plans/Documents
        Appeal Rights




                                                                                Page 9 of 11

Page 75

                                                                                                      MCU14/0091




                                               Appeal Rights
                                               SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                               REGULATION 2009



The following is an extract from the Sustainable Planning     (4)   The appeal must be started within 20 business days
Act 2009 (Chapter 7).                                               (the submitter’s appeal period) after the decision
                                                                    notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter.
LOT & OPERATIONAL WORKS
                                                              463 Additional and extended appeal rights for
Division 8         Appeals to       court relating to             submitters         for     particular    development
                   development       applications and             applications
                   approvals                                  (1) This section applies to a development application to
                                                                  which chapter 9, part 7 applies.
461    Appeals by applicants                                  (2) A submitter of a properly made submission for the
(1)    An applicant for a development application may             application may appeal to the court about a referral
       appeal to the court against any of the following—          agency’s response made by a prescribed
       (a) the refusal, or the refusal in part, of the            concurrence agency for the application.
            development application;                          (3) However, the submitter may only appeal against a
       (b) any condition of a development approval,               referral agency’s response to the extent it relates
            another matter stated in a development                to—
            approval and the identification or inclusion of       (a) if the prescribed concurrence agency is the
            a code under section 242;                                   chief executive (environment)—development for
       (c) the decision to give a preliminary approval                  an aquacultural ERA; or
            when a development permit was applied for;            (b) if the prescribed concurrence agency is the
       (d) the length of a period mentioned in section                  chief executive (fisheries)—development that
            341;                                                        is—
       (e) a deemed refusal of the development                          (i) a material change of use of premises for
            application.                                                      aquaculture; or
(2)    An appeal under subsection (1)(a), (b), (c) or (d)               (ii) operational work that is the removal,
       must be started within 20 business days (the                           damage or destruction of a marine plant.
       applicant’s appeal period) after—                      (4) Despite section 462(1), the submitter may appeal
       (a) if a decision notice or negotiated decision            against the following matters for the application even
            notice is given—the day the decision notice           if the matters relate to code assessment—
            or negotiated decision notice is given to the         (a) a decision about a matter mentioned in section
            applicant; or                                               462(2) if it is a decision of the chief executive
       (b) otherwise—the day a decision notice was                      (fisheries);
            required to be given to the applicant.                (b) a referral agency’s response mentioned in
(3)    An appeal under subsection (1)(e) may be started                 subsection (2).
       at any time after the last day a decision on the
       matter should have been made.                          464 Appeals by advice agency submitters
                                                              (1) Subsection (2) applies if an advice agency, in its
462    Appeals by submitters—general                              response for an application, told the assessment
(1)    A submitter for a development application may              manager to treat the response as a properly made
       appeal to the court only against—                          submission.
        (a) the part of the approval relating to the          (2) The advice agency may, within the limits of its
            assessment manager’s decision about any               jurisdiction, appeal to the court about—
            part of the application requiring impact              (a) any part of the approval relating to the
            assessment under section 314; or                            assessment manager’s decision about any part
        (b) the part of the approval relating to the                    of the application requiring impact assessment
            assessment manager’s decision under                         under section 314; or
            section 327.                                          (b) any part of the approval relating to the
(2)     To the extent an appeal may be made under                       assessment manager’s decision under section
        subsection (1), the appeal may be against 1 or                  327.
        more of the following—                                (3) The appeal must be started within 20 business days
       (a) the giving of a development approval;                  after the day the decision notice or negotiated
       (b) any provision of the approval including—               decision notice is given to the advice agency as a
            (i) a condition of, or lack of condition for,         submitter.
                  the approval; or                            (4) However, if the advice agency has given the
            (ii) the length of a period mentioned in              assessment manager a notice under section
                  section 341 for the approval.                   339(1)(b)(ii), the advice agency may not appeal the
(3)    However, a submitter may not appeal if the                 decision.
       submitter—
       (a) withdraws the submission before the                465 Appeals about decisions relating to extensions
            application is decided; or                            for approvals
       (b) has given the assessment manager a notice          (1) For a development approval given for a development
            under section 339(1)(b)(ii).                          application, a person to whom a notice is given under




                                                                                                           Page 10 of 11

Page 76

                                                                 MCU14/0091

      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.




                                                                   Page 11 of 11

Page 77

                                      House to be removed from site            Emerald St                                                                                                                                    Emerald St
                                                                                                                                                                           Awning set back from
                                                                                                                                                                           kerb approx 500mm
                                                                                                                                                                                                                                      Existing street
                                                                                                                                                                                                                                      parking, nose in




                                                                                                                                                                                                   setback
                                                                                                                                                                                                               DN

                                                                         Site                                                                                                                                                                                                                             Existing access on
                                                                                                                                                                                                                                                                                                          adjoining property




                                                       Wimmers Lane

                                                                                                                                                                                                                                                                                                          Bike parking under
                                                                                    Shed to be demolished                                                                                                                                                                                                 access deck
                                                                                                                                                                                                                                                           Bins and
                                                                                                                                                                                                                              Keep clear                   loading
                                                                                                                                                                                                                                                      12


                                                                                     Location               NORTH
                                                                         1             1 : 1000
                                                                                                                                                                                                                    public



                                                                                                                                                                                                                    public
                                                                                                                                                                                                                                 11



                                                                                                                                                                                                                                 10
                                                                                                                                                                                                                                                      13             public



                                                                                                                                                                                                                                                                     public
                                                                                                                                                                                                                                                                                                          Parking and
                                                                                                                                                                                                                                                                                                          service area for
                                                                                                                                                                                                                                                      14
                                                                                                                                                                                                                                                                                                          adjacent properties
                  Development Parameters                                                                                                                                                                            public       9
                                                                                                                                                                                                                                                                                                          Public parking bays




                                                                                                                                                                                                                                                                                                   2600
                                                                                                                                                                                                                                                     15      public
                                                                                                                                                                                                                        5400          3000 3000            5400                                           2600 x 5400
                  New building use area:      Retail             210sqm (Ground Floor)                                                                                                                              public       8                   16      public

                                              Commercial/ Office 220sqm (First Floor)
                  Total use area (excludes balcony area)         430sqm                                                                                                      Landscape border
                                                                                                                                                                                                                    public       7                   17      public
                                                                                                                                                                                                                                                               public
                                                                                                                                                                                                                                                                                                    Landscape border
                                                                                                                                                                                                                    public       6
                  Parking                                                                                                                                                                                                                            18      staff



                  Shop =                                                              22.3 spaces                                                                                                                   staff        5                   19      staff

                  Office =                                                            11 spaces
                  Total Required =                                                    23.3 spaces                                                                                                                   staff        4                   20      staff




                                                                                                                                                                                                                                                                                                   2400
                                                                                                                                                                                                                    staff        3                   21      staff
                                                                                                                                                                                                                                                                                                          Staff parking bays




                                                                                                                                                                                                                                                                                   1500 easement
                  Provided =                                                          23 spaces                                                                                                                                                                                                           2400 x 5400
                                                                                                                                                                                                                    staff        2                   22      staff



                  Bicycles                                                                                                                                                                                          staff        1                   23      staff

                  1 space per 100sqm Use Area required =                              5 spaces




                                                                                                                                                                                                  300
                  Provided =                                                          5 spaces                                                                             Bitumen run into Wimmers Lane
                                                                                                                                                                                                                                         Wimmers Lane
                                                                                                                                                                           as precedent set at other
                                                                                                                                                                           properties along Emerald St/
                  Height of proposed building max 8m above natural ground                                                                                                  Wimmers Lane
                  Highest RL of building element =              RL 117,850




                                                                                                                                                                                                                                                                                                                                     22/03/2015 2:43:29 PM
                  Plot Ratio                                                          0.65:1                                                                                                                                                    APPROVED PLANS
                  Site coverage proposed (346sqm)                                     34%                                                                      Site Plan                                                                           MCU14/0091
                                                                                                                                                     2         1 : 350                                                                           NOOSA COUNCIL
                  Landscape area as % of site                                         105sqm > 10%                                                                                                                                                30 JULY 2015

                                                              Rev     Description                            Date
                                                                 A    DA submission                         10.11.14   2 Emerald Street, Cooroy                                                              Site Plan
                                                                 B    RFI response                          21.03.15
                                                                                                                       B + A Durrington                                                                      Project number                                 1505              Drawing number                               Rev
                                                                                                                                                                                                             Date                              October 2014
                                                                                                                       COPYRIGHT: This design and drawing remains the intellectual property of Tulip
                                                                                                                                                                                                             Drawn by                                        Rcl
                                                                                                                                                                                                                                                                                               A1.00                            B
                                                                                                                       Design Queensland and cannot be used, copied or modified for any purpose
Tulip Design Queensland, 39 Tulip Street, Cooroy QLD 4563                                                              without express written permission.
W: www.tdq.com.au T: 0426 439 395 E:[email protected]                                                                                                                                                       Checked by                                      Rcl              Scale @ A3                              As indicated

Page 78

                                                                                                               A                                                    B                                        C                                                   D                                                                                                        A                                  B                                                 C                                    D




                                                                    block face to boundary line
                                                                                                  1110                                  6325                                                    6275                                6375                           36 block face to
                                                                                                                                                                                                                                                                      boundary line



                                                                                                                                                                                                18972                                                                                                                                                                                           6325                                    6275                                     6375

                                                                                                                                                                                                                                                                                                                                                                                                6132                                    6275                                 6185

                                                                                                                                                                                                A2.01                                                                                                                                                                                    1500                                                                                      1500
                                                                                                                                                                r
                                                                                                                                                              te                                                                                                                             Sewer
                                 Sewer                                                                                                                    m
                                                                                                                                                           wa
                                                                                                                                                       or
                                                                                                                                                     St                                                                                                                                                                                                                      3045 from boundary
                                                                                                                        Power pole                                                                2                                                                                                                                                                                                                                  metal roof sheeting; Klip lok or similar

                                 Telstra                                                                                                                                                                                                                                                     Telstra
                                                                                                                        Comms




                                                                                                                                                                                                                                                                                                                                                                                                                              2°
                                 Water                                                                                                                                                                                                                                                       Water                    Battens (aluminium or
                                                                                                                   Hyd
                                                                                                                                                                                                                                                               Existing footpath                                      composite timber)
                                                                                                                                                                                               Battered landscape bankWater                         Level (feathered)
                            1              Boundary line
                                                                                                                                                                                                                                                    access




                                                                                                                                                                                                                                                                                                                                                                                                         Screen wall
                                                             1200


                                                                                                                                                                                                                                                    Existing
                                                  2960




                                                                                                                                                                                                                                                                                                                                          2960
                                                                                                                          Steps                                                                                                                     sewer i.o.                                                                                                                                                                     Balcony
                                           2210




                                                                                                                                                                                                                                                                                                                                                                                                                                                            Screen wall
                                                                                                                                                                                                                                                                                                                                                                                                                       condenser
                                                                                                                                                                                                                                                                                                                                       1000




                                                                                                                                                                                                                                                                                                                                                                                                                       A/C
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         A/C condenser

                            2                                                                                                                                           shopfront (entry doors not shown)                                            2526
                                  Blockwork
                                  setback from                                                    1000 walkway width                                                                                                                                             5
                                                                                                                                                                                                                                                             310
                                  front boundary
                                                                                                   pedestrian walkway




                                  1110mm


                                                         2
                                                                                                                                         R1                                                     R2                                   R3                                                                                                                                                        C1                                       C2                                       C3
                                 A2.02




                                                                                                                                                                                                                                                                                                                                                      16860
                                                                                                                                     70 sqm                                               70 sqm                               70 sqm




                                                                                                                                                                                                                                                                                                                                       11500
                                                                                                                                                                                                                                                                             1             A2.01                                                                                           80 sqm                                    70 sqm                                 70 sqm
                                                                                                                                                                                                                                                                                                                                                                                                                            division of lettable space is
                                                                                                                                 Size of lift shaft to be               division of lettable space is                                                              36 block face to
                                                                                                                                                                                                                                                                      boundary line                                                                                                                                         indicative and may vary
                                                                                                                                 confirmed to suit lift                 indicative and may vary
                                   16860




                                                                                                                                 selected
                                                                                                                                                                                                                                                                                                                                                                                   Exit distance                                                                             Exit distance
                                                                                                                                                                                                                                                                                                                                                                                   line = 19.5m                                                                              line = 19m
                                                                                                                                                                        109900
                                              1600




                                                                                                                                                                                                                                                                           2400 internal




                                                                                                                                                                                                                                                                                                                                               1544




                                                                                                                                                                                                                                                                                                                                                                     condenser
                                                                                                      Stormwater




                                                                                                                                                                                                                                                                                                                                                                     A/C
                            3




                                                                                                                                                                                                                                                                                                                                                              1202
                                                                                                                          Lift
                                                                                                                                                                                                                                           AS1428 compliant
                                                                                                                                                                                                                                           layout not shown                                                                                                                  Lift access                                                                                                   M
                                              2400




                                                                                                                                                                                                                                                                                                                                       2400
                                                                                                                                                                                                                                              PWD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           F
                            4
                                                                                                                                                                                turning head




                                                                                                                                             Batten screen                                                                                                                                                                                                                                                                                                                       Cleaner sink
                                                                                                                                                                         2500




                                                                                                                                                                                                 1
                                                                                                                                                                                                                                                            Bins
                                                                                                                                                                                                                    Loading bay                                                                                                                                                  line of roof over                                                                                  1200
                                                                                                                                                                                                               Potential grease trap in-ground location

                                                                                                                                                  Stormwater
                                                                                                                                                                                                              12
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         3295
                                                                                                                                                                                               A2.02          Stormwater
                                                                                                                                                                                                                                                 3295
                                                                                                                                                                                                              gulley pit
                                                                                                                                 No parking
                                                                                                                                 adjacent PWD                       Bollard                                        12




                                                                                                                                                            11                                                     13
                                                                                                                                           PWD
                                                                                                                                           parking

                                                                                                                                                            10
                                                                                                                                                                                                                   14

                                                                                                                                                                                               6000


                                                                                                                                                            9
                                                                                                                                                                                                              15

                                                                                                                                                                                                              2.6m x 5.4m car spaces



                                                                                                                                                                                                                                                                                                                                                                                                                                                        APPROVED PLANS




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    22/03/2015 2:37:20 PM
                                                                                                                                                            8                                                 16




                                                                                                                                                                                                                                                                                                                                                                                                                                                           MCU14/0091
                             Ground Floor                                                                                                                   7                                                                                                                                                                                                                               Level 1                                                      NOOSA COUNCIL
                   1                                                                                                                                                                                                                                                                                                                                                   2
                                                                                                                                                                                                              17




                                1 : 200                                                                                                                                                                                                                                                                                                                                                       1 : 200                                                     30 JULY 2015
                                                                                                                                                            6



                                                                                                                                     Rev              Description                                                                                                        Date
                                                                                                                                         A           DA submission                                                                                                    31.10.14              2 Emerald Street, Cooroy                                                                                   Floor Plans
                                                                                                                                         B           RFI response                                                                                                     21.03.15
                                                                                                                                                                                                                                                                                            B + A Durrington                                                                                           Project number                                                     1505        Drawing number      Rev
                                                                                                                                                                                                                                                                                                                                                                                                       Date                                                 October 2014
                                                                                                                                                                                                                                                                                            COPYRIGHT: This design and drawing remains the intellectual property of Tulip
                                                                                                                                                                                                                                                                                                                                                                                                       Drawn by                                                            Rcl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  A1.01     B
                                                                                                                                                                                                                                                                                            Design Queensland and cannot be used, copied or modified for any purpose
Tulip Design Queensland, 39 Tulip Street, Cooroy QLD 4563                                                                                                                                                                                                                                   without express written permission.
W: www.tdq.com.au T: 0426 439 395 E:[email protected]                                                                                                                                                                                                                                                                                                                                                 Checked by                                                          Rcl       Scale @ A3           1 : 200

Page 79

                                                                                                                                                                                                                                                                                                       APPROVED PLANS
                                                                                                                                                                                                                                                                                                          MCU14/0091
                                                                                                                                                                                                                                                                                                        NOOSA COUNCIL
                                                                                                        Lift shaft beyond                                                       Metal Klip-Lok or similar roof
                                                                                                                                                                                                                                                                                                         30 JULY 2015
                                                                                                                                                                                       2°
                                                                                                                                       Rendered and painted blockwork wall


                                                                                                                                                                                                                                                    Signage panels


                                   East
                          1          1 : 100                                                                                                                                                                                                        Footpath awning

                                                                                                                                                                                                                                        2°




                                                                  Bin area screening
                                                                                                                                                                                                                                                    Battered landscape bank




                                                              Metal Klip-Lok or similar roof      Signage panels                                 Footpath awning                              Rendered and painted blockwork wall
                                                                                                                                                                                                                        117359 top of wall



                                   North                                             Sign                     Signage zone - Commercial

                          2          1 : 100                                         Sign




                                                                                                                                                                                                                                                    2700
                                                                                     Sign




                                                                                                                                                                                                                                                                                    7459
                                                                                                                                                                                                                                                                                                         Level 1




                                                                                                                                                                                                                                                                         6200
                                                     300




                                                                                                                                                                                                                                                                                                        113400
                                                                                                                            Signage - Retail
                                                                       Boundary




                                                                                                                                                                                                                                1100
                                                Building facade




                                                                                                                                                                                                                                                                  3500
                                                (block face)




                                                                                                                                                                                                                                                           3150
                                                                                                                                                                                                                 3000




                                                                                                                                                                                                                                         Boundary




                                                                                                                                                                                                                                                                                           2700
                                                35mm inside
                                                boundary


                                                                                                                                                                                                                                                                                              Ground Floor




                                                                                                                                                                                                                                                                                                                             22/03/2015 2:38:05 PM
                                                                                                                                                                                                                                                                                                        109900
                                                Driveway to adjacent
                                                properties




                                                              Rev                 Description                                   Date
                                                                  A               DA submission                                10.11.14     2 Emerald Street, Cooroy                                                             Elevations - Sheet 1
                                                                  B               RFI response                                 21.03.15
                                                                                                                                            B + A Durrington                                                                     Project number                                   1505            Drawing number   Rev
                                                                                                                                                                                                                                 Date                                      October 2014
                                                                                                                                            COPYRIGHT: This design and drawing remains the intellectual property of Tulip
                                                                                                                                                                                                                                 Drawn by                                           Rcl
                                                                                                                                                                                                                                                                                                         A2.01       B
                                                                                                                                            Design Queensland and cannot be used, copied or modified for any purpose
Tulip Design Queensland, 39 Tulip Street, Cooroy QLD 4563                                                                                   without express written permission.
W: www.tdq.com.au T: 0426 439 395 E:[email protected]                                                                                                                                                                           Checked by                                         Rcl           Scale @ A3       1 : 100

Page 80

                                                                                                                                                                                                                                                                                  APPROVED PLANS
                                       A                                                       B                                              C                                                      D                                                                               MCU14/0091
                                                                                                                                                                                                                                                                                   NOOSA COUNCIL
                                                                                                                                                                                                                                                                                    30 JULY 2015
                                            117700
                                                                                                                                                                Metal Klip-Lok or similar roof
                                                                Lift shaft




                                                                                                   Signage zone -       Commercial
                7800




                                                                                                                                                                                                                                                                                South
                       Batten
                       screening
                                                                                                                                                                                                              Bin area screening
                                                                                                                                                                                                                                                                        1         1 : 100




                                                                                                                                                                                                                                                                                West
                                                                                                                                                                                                                                                                        2         1 : 100

                                                                                               1                    2                                                                                               3              4
                                                                                                                                                                                                     117700
                                                                                                       117359                               Metal Klip-Lok or similar roof          Lift shaft,
                                                                                                                                                                                    Rendered block
                                                                             Rendered and
                                                                             painted
                                                                             blockwork wall




                                                                                                                                                                                                                                                                 2700
                                       Footpath awning                                                                                                                                                                                        Batten screen




                                                                                                                                                                                                                                                                        7800
                                                                                                                                                                                                                                                                                                 Level 1
                                                         8000




                                                                                                                                                                                                                                                                                                 113400
                                                                                                                                                                                                                                              Bin area beyond
                                                                                                                               Painted fc panel system or similar fire rated wall at first floor
                                                                             Battered
                                                                             landscape bed
                                                                                                                               Rendered and painted
                                                                                                                               blockwork wall




                                                                                                                                                                                                                                                                                                                22/03/2015 2:38:44 PM
                                                                                  Footpath                                                                                                                                                                                                  Ground Floor
                                                                                                                                                                                                                                                                                                 109900




                                                                   Rev          Description                                           Date
                                                                      A        DA submission                                         10.11.14     2 Emerald Street, Cooroy                                                         Elevations - Sheet 2
                                                                      B        RFI response                                          21.03.15
                                                                                                                                                  B + A Durrington                                                                 Project number                       1505   Drawing number         Rev
                                                                                                                                                                                                                                   Date                       October 2014
                                                                                                                                                  COPYRIGHT: This design and drawing remains the intellectual property of Tulip
                                                                                                                                                                                                                                   Drawn by                              Rcl
                                                                                                                                                                                                                                                                                      A2.02                B
                                                                                                                                                  Design Queensland and cannot be used, copied or modified for any purpose
Tulip Design Queensland, 39 Tulip Street, Cooroy QLD 4563                                                                                         without express written permission.
W: www.tdq.com.au T: 0426 439 395 E:[email protected]                                                                                                                                                                             Checked by                            Rcl   Scale @ A3             1 : 100

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