Minor Change Existing Approval 132007.738.04

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	132007.738.04
Your Reference:	n/a
25 June 2019
64 Gateway Dve Pty Ltd ATF 64 GD Trust
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566

[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 October 2018, requesting a minor change to an existing development approval. Council decided on 1 July 2019, your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132007.738.04
Street address:	64 Gateway Dr Noosaville Qld 4566
Real property description:	Lot 13 SP 170295
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 2 July 2008
Development Permit for Material Change of Use of Premises – Industrial Business Type 1 – Warehouse and Industrial Business Type 2 – Production, Alteration, Repackaging & Repairing
In relation to the request to make a minor change to the existing approval, Council on 24 June 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 1, 3, 8, 10, 22 24, 31, 32, 43, 44, 45, 50, 51, 52 and 68
Delete Item 6 Approved Plans/Documents
Include additional conditions 83 & 84
Amend Advice Notes 1, 2 and 13
Delete Advisory Note 3
currency period of approval
The relevant period for this Development Approval is identified in the Assessment Manager Condition 22.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plan of development. The approved plan is titled and numbered:
Plan	/ Document No.	Rev.	Plan / Document Name	Date
A.102	B	Master Plan - Staging Plan, prepared by Zest Design	19-06-2019
A.200	E	Master Floor Plan, prepared by Zest Design	19-06-2019
A.201	C	Pod A – Floor Plan, prepared by Zest Design	30-05-2019
A.202	C	Pod B – Floor Plan, prepared by Zest Design	30-05-2019
A.203	C	Pod C – Floor Plan, prepared by Zest Design	30-05-2019
A.204	C	Pod D & E – Floor Plan, prepared by Zest Design	30-05-2019
A.205	C	Pod F – Floor Plan, prepared by Zest Design	30-05-2019
A.206	C	Pod G – Floor Plan, prepared by Zest Design	30-05-2019
A.207	C	Pod H – Floor Plan, prepared by Zest Design	30-05-2019
A.300	B	Elevations, prepared by Zest Design	30-05-2019
A.301	A	Elevations, prepared by Zest Design	09-05-2019
and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  The landscaping shall include:
A minimum of 2m width of landscaping adjacent to uncovered parking at the head of the cul-de-sac except for car space 12 which must  be setback a minimum of 1.7m and car space 13 which must be setback a minimum of 1.4m. The motor cycle space closest to the each side of the central entry must be removed and replaced with landscaping and include a shade tree;
A minimum of 1 shade tree per six vehicle parking spaces;
Dense native screening vegetation within the landscaped buffer adjacent the western boundary (where not located within the easement area) consisting of species with a range of mature canopy heights;
Revegetation of the landscaped buffer along the northern and eastern boundaries; &
Appropriate landscaping / treatment to bin collection or storage areas so that they do not dominate the streetscape.
All buildings shall have a maximum building height of 10 metres above the natural and finished ground levels and shall be a maximum of 2 storeys.
A minimum 1.8 metre high timber screening fence shall be constructed along the western boundary of the site.
The walls to the rear facades of the buildings shall be finished in muted natural tones.
The windows proposed along the western façade and the southern façade of tenancies 1, 2 & 3 of the development shall be permanently fixed and fitted with double glazed glass or glass that is equivalent in sound transmission loss to double glazed glass.
The retail sales component of any tenancy shall not exceed the gross floor area requirement of the Planning Scheme in force at the time for that tenancy and shall remain an ancillary component of the approved use.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use. Goods shall not be stored or displayed within the common areas of the site.
Secure bicycle racks shall be provided on site to accommodate a minimum of 45 bicycles. The proposed bicycle racks shall be identified on the landscaping plans and shall be dispersed across the site to the reasonable satisfaction of Council.
End of trip facilities shall be provided within the buildings at a minimum rate of 1 locker per 2 bicycle parking spaces; 1 shower per 10 bicycle parking spaces or part thereof; and change rooms.
The tenancies of 150m2 or greater indicated on the approved plan shall not be further subdivided or partitioned to create additional tenancies.
Any advertising sign or device is to comply with Council's policies on advertising devices.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained.
A qualified fauna spotter shall be engaged during the removal of any vegetation.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Security in the form of a cash bond or trading bank guarantee to the sum of $40,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
The Development Permit for a material change of use of premises lapses if the use has not happened by 2 July 2022 unless an application to extend the currency is approved by Council.
Land Development
Flooding
Where applicable, any habitable rooms within buildings proposed on site (and areas utilised for carparking purposes associated with the buildings) and any outdoor electrical transformers and generators shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard, and as an indication only, - a Minimum Floor Height of RL 2.80m (AHD) shall apply.  These levels, however, are subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
Vehicle Access
Vehicular access to the site shall be constructed from the Gateway Drive frontage of the site generally in accordance with the approved plans and as may amended by these conditions.
All accesses to the site shall be of a maximum width of 6.0m at the property boundary.
The eastern and the western exit/accesses shall be clearly signed and marked to indicate No Entry and Exit Only.
The central access shall be clearly signed and marked to indicate Entry Only.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
A public access easement for future cycleway and pathway shall be created over the existing sewer easement, Easement U, along the south and west boundaries of site as shown on the Land Title Plan SP 170295.
Car Parking and Loading Areas
31.	Car parking, loading zones and skip bin storage shall be designed and constructed generally in accordance with the approved plans.
32.	A minimum of 127 uncovered carpark spaces shall be provided on site and shall include:-
clearly defined and strategically placed disabled carpark spaces.
a minimum of the equivalent of 3 of the car parking spaces designated for motorcycle and motor scooter parking, to accommodate a minimum of 12 spaces.  Motorcycle and motor scooter parking is to be evenly dispersed across the site..
33.	The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user Class 1 for staff and Class 3 for clients spaces with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
34.	All carparking areas shall be kept, maintained and line-marked in a condition fit for use.
35.	In order to ensure safety of pedestrians, the internal pathways on the site shall be a minimum 1.5m wide and be raised above the level of the internal driveway (the aisles) by providing mountable kerb along the outer edge of the pathway and providing line marking and textures surface pathway where necessary.  The type and extent of line marking and texture surfaces shall be clearly shown on all plans submitted for operational works.
Frontage Works
A new full width concrete or paved path shall be constructed along the cul de sac frontage of the site in accordance with Council’s design standards.  Care shall be taken to protect any existing vegetation and/or any underground services.
All external and internal paths, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Any redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Roof Water, Stormwater Drainage and Sewerage
Roof runoff from any new /building shall be directed to a rainwater storage system or tank(s) that is installed to ensure water from the tank(s) is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and shall be part of the plumbing application for approval.  The location and capacity of the tank/s shall be clearly shown on the plans submitted for Building Works / Operational Works approval and any overflow shall be directed to the stormwater detention drainage system proposed near the north eastern part of the site.
All stormwater drainage of the site shall be designed and certified by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.  The stormwater drainage design shall give considerations to the following:
The design shall be generally in accordance to Drawing No 06105 - 1 (A) dated 3 November 2007 by Callaghan & Toth.
The design shall take into consideration the findings and the recommendations of the Stormwater Quality Management and Assessment Report dated March 2007 prepared by Callaghan & Toth.
The design shall include treatment train of rainwater detention/reuse tanks, gross pollutant traps/oil arrestors, Bio-Retention Basin/Unit and Raingardens to attenuate the stormwater runoff quality and quantity to the Pre Development levels. Calculation and data shall be provided to demonstrate that the EPA recommended water quality objectives will be achieved.
All stormwater runoff from the paved areas on the site shall be disposed off via the treatment train.
There shall be no concentration of stormwater flows that may cause environmental damage, erosion or siltation onto the downstream bushland due to the completed development or the construction phase of the site.
To ensure no adverse impact on the proposed buildings on the site (particularly units facing the central access driveway), the design shall allow for secondary flowpath to cater for 100 years flows from within the site and from Gateway Drive.  Improvement/s on the existing stormwater collection within Gateway Drive shall be included in the design and construction where necessary.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross pollutant trap provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor/gross pollutant trap.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Prior to issue of any Operational Works Approval for the development, the applicant must provide Council with an updated stormwater quality management plan for the site that demonstrates that the following targets are achievable within the development design including for each individual stage of development:
All stormwater from the site must be treated to achieve the following pollution reduction targets:
80% reduction in Total Suspended Solids
60% reduction in Total Phosphorous
45% reduction in Total Nitrogen
Where Bioretention basins are proposed to achieve the outcomes, they must be designed in accordance with the Water By Design Technical Design Guidelines and demonstrate that all infrastructure that is part of the bioretention basin is not likely to become compromised by future sea-level rises.
Any bioretention basins must be maintained in accordance with the Water by Design Technical Design Guidelines and records made available to Council on request. Bioretention basin maintenance requirements must be incorporated in the Community Management Scheme for the development and a copy of this must be provided for Council’s records prior to commencement of the approved use.
The site shall be connected to Unitywater’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
The design for the sewer layout on the site shall be generally in accordance to Drawing No 06105 - 2 dated 3 November 2007 by Callaghan & Toth titled Proposed Site Layout Levels & Sewer Plan.
Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1.0m below a line of influence measured 1.0m in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works.
There shall be no encroachments on Council easements by any buildings or structures (eg. ponds, retaining walls exceeding 1m in height, raised terraces, aboveground or underground water tanks, air conditioning units, ancillary buildings and the like).
All proposed underground services on the site shall not interfere with the function or the access to the existing Council’s services on the site.  To this end the applicant shall provide general plan showing all the existing and proposed services and easements on and adjacent the site to be submitted to council in conjunction with the application for Operational Works.
Town Water Supply
The site shall be connected to Unitywater’s existing town water supply and be constructed in accordance with Unitywater’s standards and requirements at no cost to Unitywater.
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to Unitywater.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Unitywater and/or Unitywater’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Unitywater prior to lodgement and approval of hydraulic drawings.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
The applicant is advised that this development may require the provision of fire hydrants and a booster pump in accordance with the Building Code of Australia, and consultation may also be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is provided.  To this end any necessary fire hydrants shall be clearly shown on the plans submitted for both Operational Works and Building Works approval and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be accommodated in order to provide boosting to the water supply.
Earthworks
Filling works required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural surface levels and contours of the adjoining properties must be provided with the application for a Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall not apply.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Any filling works shall be retained with constructed walls that are designed and located to minimise impacts on the vegetated buffers areas indicated on the approved plan of development.
Acid Sulfate Soils
As the site is located below the 5m AHD, any excavation works or earth disturbance consisting of 100m3 or greater and/or any filling works consisting of 500m3 or greater and with an average depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils.  In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Excavated soil shall be lime treated in accordance with the recommendations of the Acid Sulfate Soil Investigation dated August 2003 by Golder Associates Pty Ltd.
Environmental
The applicant shall provide a professionally prepared Environmental Management Plan (EMP) for the site to be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.  The management plan shall be for the construction phase and the operational phase of the development and shall address:-
Management of the naturally acidic soils identified on the site;
Protection of vegetation with the Environmental Buffer and Landscaped Buffer areas;
Run-off water quality management, sediment and erosion control;
Vegetation removal and disposal, including the use of fauna spotter;
Removal of environmental weeds; &
Rehabilitation of disturbed areas within the identified buffer areas.
All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route Management) Act 2002 are to be controlled on the site prior to Council endorsement of the plan of survey. In this context “controlled” shall mean, for class 1 and 2 pests, completely eradicated. For class 3 pests it shall mean removal of the plants where they threaten environmentally significant areas of the site such as riparian zones and areas of natural vegetation.
Where class 3 plants are removed as a result of this condition and there is not sufficient natural regeneration of native species, the areas shall be replanted with endemic native species so that a sustainable natural ecosystem is restored.
Council’s Conservation Management Supervisor will not inspect the site until 30 days after the weed treatment and replanting is complete.
A Vegetation Protection Area shall be provided in the northeast corner of the property as indicated on drawing the approved plan and as recommended by the Ecological Survey prepare by Pederson Biological and Environmental dated 15 April 2003. This area shall be of a triangular shape, with corners being approximately 54 metres along the northern boundary and 37 metres along the eastern boundary from the northeastern corner of the property.
In order to protect the vegetation within the Vegetation Protection Area an Environmental Covenant(s) (as defined by Part 6 division 4A of the Land Title Act 1994) shall be created at no cost to Council.  The covenant(s) shall be for the protection of the site’s environmental values so that it retains and enhances the vegetation and allows for fauna movement.
The existing vegetation within the 10m wide Landscape Buffer areas adjacent to the western, northern and eastern boundaries shall be retained, with the exception of any bio-retention basins, raingarden areas or rainwater tanks, and a 3metre strip adjacent to the buildings for construction purposes. Plans shall be submitted to the Council for approval that clearly indicates the vegetation retention areas prior to obtaining a Development Permit for Operational Works.  Temporary fencing shall be provided to protect these trees during the construction phase.
Where retained trees are located in areas proposed to be filled on the site (or are located on neighbouring allotments to the area to be filled), there will be a need to prevent fill material from being placed on the tree’s root system.  To this end, the design of any filling works will need to incorporate terracing around the tree or a similar means of ensuring that the natural ground level around the trees remains generally the same as existing.  These measures shall clearly be shown on the plans submitted for Operational Works approval and any drainage required to drain these areas shall also be shown on the plans.
An environmental maintenance period of 12 months shall commence after the Landscaped area has been re-vegetated and all declared & environmental weeds have been removed from the entire property.  Council’s appointed Environmental Officer shall sign the maintenance period ‘on’ and ‘off’ after this work has been successfully completed.  To this extent, the Officer has the discretion to pause the maintenance period if work has not been carried out as instructed or if lengthy time delays occur.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure (amended 1/07/2019)
68. 	Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:

Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park)	$25,474.00
PSP16 – Sewerage Headworks Contributions	$62,375.00
PSP17 – Water Supply Headworks Contributions	$54,735.00
PSP20 – Pathway Trunk Network Contributions	$26,614.00
TOTAL Contribution Amount =	$169,198.00
Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from March 2019 until the date of payment.
All contributions must be paid prior to the change of use happens.
General
69.	A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.

70.	Digital detailed designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
71.	A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
72.	Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
73.	Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
74.	The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
75.	As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels. The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
76.	Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
Environmental Health
77.	Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
The Operational Waste Management Plan (OWMP) dated 20 May 2008 submitted is not approved and shall be amended and re-submitted to Council for approval prior to the issue of a Development Permit for Operational Works.  The revised OWMP shall address the following:
Additional skip bin storage areas for Bulk Recyclables for the eastern and western areas of the development in addition to the refuse storage areas as indicated in the Operational Waste Management Plan dated 20 May 2008 Job No. 7800/62.
Provision for waste generated from food, mechanical, boat repair and other industries, in accordance with the range of approved uses.
A minimum separation distance of 500mm between bins to be collected by robotic arm.
Flat or minimal grades where industrial bins are to be manually shifted by refuse collectors.
The role of the Body Corporate Manager is to be clarified.  If no on-site manager is proposed then the OWMP is to be revised to adequately address the day-to-day management of waste issues on the site.
There shall be no awnings or building overhangs along the refuse truck travel path or manoeuvring areas.
A Waste Management Plan (Construction) shall be submitted in accordance with Planning Scheme Policy 11, Waste Management Plans.   Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use (refer to Noosa Council Waste Management Code).
The Plan shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				

The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps, etc.) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Written certification is required from a suitably qualified person confirming that the noise levels from all mechanical equipment comply with the above condition when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Additional Conditions 1 July 2019
Staging
83. 	Should the development be staged, the staging sequence must be undertaken in accordance with the approved master plan - staging plan.
Sunset Clause for Completion of Approved Development
84. 	Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of this development approval lapses if the whole of the approved use has not happened by 2 July 2026.

referral agency condtions
The referral agencies applicable to this application are:

Referral Trigger	Referral Status	Referral Agency	Referral Address
Acid Sulfate Soils	Advice Agency	Department	of Natural Resources & Water	PO Box 573 NAMBOUR QLD 4560
approved plans/documents
Deleted
Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that development contributions and infrastructure charges applicable to this change to a development approval (amended 1/07/2019) have been based on the following Uses Class/ Uses and applicable quantities:-

Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Existing Use Class / Use	Approved Quantity
Non-residential	Vacant Land	Industrial Business – Type 1 & 2	5,769 m2
The applicant is informed that approval of this change to a development approval (amended 1/07/2019) will trigger an Amended Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $257,626.00 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2019 until the date of payment. An Amended Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Delete
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:-
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Where any food premises is included in a development, the following is required:
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards. (Both available from Council)
Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards, including disable access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668. A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises.
Where any part of the premises is proposed to be used for an industrial purpose defined as an environmentally relevant activity under the Environmental Protection Act 1994 (E.g. motor vehicle workshop, engineering workshop, plastic manufacturer etc), a separate development approval and registration is required prior to commencement of that use.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply for such offences.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
Additional Advisory Note 14 June 2016 (amended 01/07/2019)
An Infrastructure Agreement applies to this development that requires alternative Infrastructure Contributions in accordance with the Noosa Shire Charges Resolution No.3 (2018) replacing the Contribution Conditions and Infrastructure Charge applied by the original Development Approval.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Works	Permit	for	Operational	Access, Carparking and Internal Pathways, Site Civil Works, Stormwater Drainage including the Treatment Train, Frontage Works, Earthworks and Acid Sulphate Treatment, Erosion and Sediment Control and Landscaping
submissions
Not Applicable
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
Self assessable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Decision Notice:
Advertising Devices Code

other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Glen Conforti
Development Planner
Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice -2 July 2008.
Decision Notice - Minor 132007.738.01 – 9 April 2013 – Extension of time; 132007.738.02 – 14 June 2016 – Extension of time; 132007.738.04 – 21 June 2019 – amend conditions 1, 3, 8, 10, 22 24, 31, 32, 43, 44, 45, 50, 51, 52 and 68, delete item 6, include additional conditions 83 & 84, amend advisory notes 1, 2 and 13 and delete advisory note 3

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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