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SUPERSEDED Decision Notice - 010.2007.00001841.001 [As Published] · 132007.1841
Officer: Tracy Arthur
Direct Telephone: (07) 5449 5228
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1841
Your Reference: 060253
13 May 2008
S & L Developments Pty Ltd
CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Dear Sir
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 13 May 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/1841
Street address: 26 Eenie Creek Road, Noosaville
Real property description: Lot 1 SP 182880
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Industrial Business Type 1 - Warehouse,
Industrial Business Type 2 - Production, Alteration, Repackaging & Repairing & Education
Type 3 - Adult
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Permit is 4 years from the date that this development
approval takes effect.
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are titled and numbered:
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Plan / Rev. Plan / Document Name Date
Document
No.
07041 B Overall Site Plan – Sprout Architects 16/01/08
SD01
07041 B Building K – Drawings – Sprout 16/01/08
SD02 Architects
07041 B Building A – Drawings – Sprout 16/01/08
SD03 Architects
07041 B Building B – Drawings – Sprout 16/01/08
SD04 Architects
07041 B Building C – Drawings – Sprout 16/01/08
SD05 Architects
07041 B Building D – Drawings – Sprout 16/01/08
SD06 Architects
07041 B Building E – Drawings – Sprout 16/01/08
SD07 Architects
07041 B Building F – Drawings – Sprout 16/01/08
SD08 Architects
07041 B Building G – Drawings – Sprout 16/01/08
SD09 Architects
07041 B Building H – Drawings – Sprout 16/01/08
SD10 Architects
07041 B Building I – Drawings – Sprout 16/01/08
SD11 Architects
07041 B Building J – Drawings – Sprout 16/01/08
SD12 Architects
07041 A Site Sections – Sprout Architects 16/01/08
SD13
and as may be amended by these conditions.
2. 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.
3. 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.
4. A minimum landscape setback of 2 metres width shall be provided to the Rene Street
road frontage.
5. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
These landscape plans required to be submitted are to denote areas of existing
vegetation or existing trees proposed or required to be retained.
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6. Fencing along the front property boundary shall be setback at least 1 metre, with at
least half of the fencing setback 2 metres. The area of land between the fence and the
front property boundary shall be densely landscaped to screen any fencing from the
street.
7. Any advertising sign or device is to comply with Council's policies on advertising.
8. All goods are to be displayed on site within the property boundaries and/or on the
premises approved for the use.
9. The gymnasium and conference facilities shall be ancillary to the approved Industrial
and Educational uses over the site, and shall be restricted for use by tenants of these
premises.
10. The Education use may operate with any combination of employees and students,
provided that a rate of 1 space per employee and 1 space per 10 students is adopted to
meet a car parking provision of 8 spaces.
11. Provision for a minimum of 80 bicycle parking spaces (equivalent to 40 hoops) shall be
provided on-site. Bicycle parking spaces shall be dispersed across the site in the
following manner:-
11.1. a minimum of 50 spaces to be Class 2 (staff) standard:-
11.1.1. a minimum of 2 Class 2 (staff) spaces provided directly adjacent to
each of the buildings (B,C, D, G, H & I);
11.1.2. a minimum of 2 Class 2 (staff) spaces provided directly adjacent to
each of the buildings (A, E, F & J);
11.1.3. a minimum of 2 Class 2 (staff) spaces provided directly adjacent o
Building K;
11.1.4. a minimum of 28 Class 2 (staff) spaces evenly dispersed across the
site;
11.2. a minimum of 30 spaces to be Class 3 (visitor) standard:-
11.2.1. a minimum of 2 Class 3 (visitor) spaces provided directly adjacent to
each building (A-J);
11.2.2. a minimum of 10 Class 3 (visitor) spaces provided directly adjacent to
Building K.
The proposed bicycle facilities shall be identified on the landscaping plans and shall be
located to the reasonable satisfaction of the Manager, Land Use.
12. A minimum of one unisex shower, change room and locker facilities be provided within
each tenancy of Buildings B, C, D, I, H & G and a minimum of 6 unisex shower, change
room and locker facilities within Building K to service the employees of Buildings A, E,
F, J & K.
13. A minimum roof pitch of 5 degrees shall be provided to the roof form of buildings on-
site.
14. All buildings shall comply with a maximum building height of 2 storeys and 8 metres
above natural and finished ground level with the exception of additional requirements for
the roofing to allow for the increased roof pitch of 5 degrees.
15. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by either the conditions of approval or
the Planning Scheme.
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16. The development shall be carried out in accordance with the Bushfire Management
Plan prepared by James Warren & Associates Pty Ltd dated November 2007 prepared
for the subject site and the Shire Business Centre site prior to the commencement of
the use.
17. All rainwater tanks located within the 5 metre fire buffer along the site’s southern and
eastern boundaries shall be located underground to ensure unrestricted access through
the fire buffer is maintained.
18. The premises are to be identified by the provision of a street number in a prominent
location to ensure it is identifiable to all persons, particularly emergency services
personnel.
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19. All Industrial use tenancies shall not be less than 150m use area in size.
20. 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.
21. All hot water systems installed shall be either solar systems; electric heat pump
systems; or gas systems (LPG or natural).
22. Building K shall remain in common property to allow for research and development
facilities to support the industrial uses over the site, that can be utilised by all tenancies
on the site.
23. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
24. 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.
25. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
26. A vehicular access driveway to serve the development shall be constructed from the
Rene Street frontage of the site with a maximum width of 7.0m at the property boundary
and shall be designed and constructed generally in accordance with IPWEAQ drawing
R-0052.
27. The driveway shall be designed and constructed to Council’s design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. Should
any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004
and AS2890.2-1989, Council will require that the driveway be removed and
reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is
preferred to have the footpath continue at a constant grade to minimise the potential for
pedestrians to trip or fall.
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28. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
footpath, the driveway and any associated fencing or vegetation near the driveway shall
comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.
The applicant shall demonstrate compliance by illustrating these sight lines on the plans
submitted for both Operational Works approval and Building Works approval.
29. All vehicles shall enter and leave the site in a forward direction.
30. The common driveway shall be for access purposes except for the short term loading
and unloading of heavy vehicles and passengers. No part of the common driveway shall
be dedicated to permanent parking.
31. The common driveway and cul-de-sac shall be designed and constructed in accordance
with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards –
Roads, Drainage and Earthworks with a minimum width of 8m AC kerb-kerb.
Loading Areas
32. The loading bays adjacent to each building shall be located such that sufficient space is
provided to permit a vehicle to pass along the access aisle.
33. The loading bays shall be at least of sufficient size to cater for a Small Rigid Vehicle in
accordance with AS2890.2-1989.
Car Parking
34. Carparking shall be provided within the site generally as shown on the following
drawings prepared by Sprout Architects dated August 2007:
Building K – drawings, drawing number 07041 SD02 B,
Building A – drawings, drawing number 07041 SD03 B,
Building B – drawings, drawing number 07041 SD04 B,
Building C – drawings, drawing number 07041 SD05 B,
Building D – drawings, drawing number 07041 SD06 B,
Building E – drawings, drawing number 07041 SD07 B,
Building F – drawings, drawing number 07041 SD08 B,
Building G – drawings, drawing number 07041 SD09 B,
Building H – drawings, drawing number 07041 SD10 B,
Building I – drawings, drawing number 07041 SD11 B,
Building J – drawings, drawing number 07041 SD12 B,
except as modified herein.
35. Car parking shall be shall be provided and designated in the following manner:-
35.1. a minimum of 195 car parking spaces shall be provided for the development
with:-
35.1.1. a minimum of 8 spaces located adjacent to Building K to support the
Education use on site;
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35.1.2. a minimum of 187 spaces located adjacent to Buildings A – J to
support the Industrial uses on site.
35.2. a minimum of 2 spaces shall be designated for disabled parking. Disabled
parking spaces shall be evenly dispersed across the site.
35.3. a minimum of the equivalent of 5 car parking spaces shall be designated for
motorcycle and motor scooter parking, to accommodate a minimum of 20
spaces. Motorcycle and motor scooter parking is to be evenly dispersed across
the site.
36. The carparking area as shown on drawing titled Building K – drawings, drawing number
07041 SD02 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
36.1. Carspace number 8 is to be a dedicated turning area,
36.2. Carspace numbers 1, 9 and 10 shall be dedicated as “staff”,
36.3. Suitable signage is to be provided at the entrance to the carparking area
advising of the bicycle parking at the rear of the building.
37. The carparking area as shown on drawing titled Building A – drawings, drawing number
07041 SD03 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
37.1. Carspace number 18 is to be a dedicated turning area,
37.2. Carspace numbers 1 and 2 shall be dedicated as “staff”,
37.3. The loading bays shall be located clear of the carparking aisle.
38. The carparking area as shown on drawing titled Building B – drawings, drawing number
07041 SD04 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
38.1. Carspace numbers10-13 to be dedicated as “staff”.
39. The carparking area as shown on drawing titled Building C – drawings, drawing number
07041 SD05 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
39.1. Carspace number 18 is to be a dedicated turning area,
39.2. Carspace numbers1 and 2 to be dedicated as “staff”,
39.3. The loading bays shall be located clear of the carparking aisle.
40. The carparking area as shown on drawing titled Building D – drawings, drawing number
07041 SD06 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
40.1. Carspace numbers 4-7 to be dedicated as “staff”.
41. The carparking area as shown on drawing titled Building E – drawings, drawing number
07041 SD07 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
41.1. Either one of carspace numbers10 or 11 is to be a dedicated turning area,
41.2. The loading bays shall be located clear of the carparking aisle.
42. The carparking area as shown on drawing titled Building F – drawings, drawing number
07041 SD08 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
42.1. Carspace number 10 is to be a dedicated turning area,
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42.2. The loading bays shall be located clear of the carparking aisle.
43. The carparking area as shown on drawing titled Building G – drawings, drawing number
07041 SD09 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
43.1. Carspace numbers 4-7 to be dedicated as “staff”.
44. The carparking area as shown on drawing titled Building H – drawings, drawing number
07041 SD10 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
44.1. Carspace number 19 is to be a dedicated turning area,
44.2. The proposed disabled carspace shall be relocated to carspace number 3,
44.3. Carspace numbers 1 and 2 to be dedicated as “staff”,
44.4. The loading bays shall be located clear of the carparking aisle.
45. The carparking area as shown on drawing titled Building I – drawings, drawing number
07041 SD11 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
45.1. Carspace numbers 10-13 to be dedicated as “staff”.
46. The carparking area as shown on drawing titled Building J – drawings, drawing number
07041 SD12 B prepared by Sprout Architects dated August 2007 shall be amended
such that:
46.1. Carspace number 1 is to be a dedicated turning area,
46.2. Carspace numbers18-21 to be dedicated as “staff”,
46.3. The loading bays shall be located clear of the carparking aisle.
47. All carparking areas, including accesses, aisles, manoeuvring areas etc shall be
designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1 for
“staff” spaces and user class 3 elsewhere with allowance for vehicles to enter and leave
the site in a forward gear and with a minimum head clearance (headroom) at any point
of 2.2m.
48. All disabled carspaces shall be designed to comply with the provisions of AS/NZS
2890.1-2004 for user class 4 with allowance for vehicles to enter and leave the site in a
forward gear and with a minimum head clearance (headroom) at any point of 2.3m.
49. All disabled carpark spaces shall be clearly defined by line marking each space with the
words “Disabled Parking Only” and by sign posting each space with a similar wording.
50. All staff carpark spaces shall be clearly defined by line marking each space with the
words “Staff Parking Only” and by sign posting each space with a similar wording.
51. All carparking shall be kept, maintained and line-marked in a condition fit for use.
52. All paths, driveways and parking areas shall be designed and constructed to ensure
pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
and to be in accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility.
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Construction Management Plan
53. A Construction Management Plan addressing all construction phases shall be prepared
by a suitably qualified person and submitted to Council for approval prior to obtaining a
Development Permit for Operational Works. The plan should aim to address every
foreseeable problem eg: movements of excavation and construction machinery, building
material deliveries, stockpiling of materials etc that is likely to occur during the
construction process and include recommendation on how these can be overcome or
minimised.
54. A Traffic Management Plan for the construction phases of the development shall be
submitted to and approved by Council prior to the issue of any Development Permits for
Operational Works. The Traffic Management Plan shall include but not be limited to:
54.1. Indicate provision for on-site parking for the required workforce;
54.2. Indicate the location of any “holding” areas for heavy vehicles;
54.3. Operating hours; and
54.4. Haulage Routes.
Roof Water & Stormwater Drainage
55. Roof runoff from any new building shall be directed to a rainwater storage system or
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tank (minimum storage the greater of 5000 litres or 15 litres/m of roof area) that is
installed to ensure water from the tank is used for external uses (such as watering
gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use
in flushing of toilets internal to the building. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC), Part 25 –
Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
building approval. The location and capacity of the tanks shall be clearly shown on the
plans submitted for Building Works / Operational Works approval and any overflow shall
be directed to the stormwater drainage system.
56. All stormwater drainage (including roof water overflow from the rainwater storage
system) shall be collected and discharged so there is no net increase in stormwater
runoff from the site. Stormwater drainage permitted to drain from the site shall be
discharged to the adjoining open space area. Plans of the drainage design shall be
prepared by a Registered Professional Civil Engineer and submitted to Council prior to
obtaining a Development Permit for Operational Works. The drainage design shall be in
accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design
Standards – Roads, Drainage and Earthworks and QUDM. All components (pits, pipes,
tanks, basins, scour protection etc) of the stormwater drainage system shall be wholly
contained within the boundaries of the subject site.
57. As the surface levels of the site are to be altered, appropriate stormwater drainage
pipes shall be installed within the site to collect and discharge stormwater runoff from all
adjoining properties to prevent additional ponding/flooding on these properties.
58. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the common driveway and carparking areas shall have the first
flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor/gross
pollutant trap provided on site prior to being permitted to discharge into Council’s
drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system,
bypassing the grease/oil arrestor/gross pollutant trap.
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To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior
to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the ongoing maintenance
scheme for the development and a copy of this shall be provided for Council’s records
prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development
Permit for Operational Works has been issued in regard to the drainage scheme.
59. The applicant shall revise the Stormwater Management Plan Parts A & B prepared by
Barlow Gregg VDM reference M3048 dated December 2007 to use rainfall data for the
subject site’s locality, Noosaville, and to detail a stormwater treatment train that can
achieve the Water Quality Objectives for the site. This revised stormwater treatment
train for the site shall ensure that nutrients can be adequately treated prior to release
into the open space conservation areas. All stormwater runoff treatment must be
undertaken within the development areas of the site. Water quality objectives for the site
are as follows:
59.1. Suspended Solids < 15/50mg/L (median)
59.2. Total Nitrogen < 0.5mg/L (median)
59.3. Total Phosphorous < 0.05mg/L (median)
59.4. pH between 5.0 to 7.0
59.5. Turbidity < 30 NTU
59.6. Salinity < 1500µS/cm
The revised stormwater management plan shall also detail the design, construction and
operational phases of the development required to ensure the stormwater system does
not cause adverse impacts to the downstream open space areas. The applicant shall
submit an amended plan for Council approval in conjunction with or prior to a
Development Permit for Operational Works being issued.
60. The applicant shall submit to Council a report prepared by a suitably qualified ecologist
that assesses the impacts of the revised Stormwater Management Plans on the
downstream ecologically sensitive areas. The report shall be submitted in conjunction
with or prior to a Development Permit for Operational Works being issued.
61. All site stormwater drainage shall be by means of a gravity system. No mechanical
features are to be used to dispose of stormwater.
Sewer Mains
62. The site shall be connected to Council’s existing sewerage reticulation systems via a
gravity system and shall be constructed in accordance with Council’s standards and
requirements at no cost to Council.
63. The existing and proposed sewer mains located within the site and the ‘zone of
influence’ (taken as the area within a 45-degree angle measured from the invert of the
sewer main to the finished surface level) shall be accurately located and determined by
a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is
protected from risk of damage no structures requiring a building permit (eg. buildings,
retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within
this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is
the greater. As such the applicant shall amend Operational Works plans including
Building plans to ensure compliance.
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Town Water Supply
64. The site shall be connected to Council’s existing town water supply and be constructed
in accordance with Council’s standards and requirements at no cost to Council. The
service shall be configured as a fire service (hydrants and sprinklers) and a single
domestic service (which includes the Fire Hose Reels).
65. Each individual water connection to the water reticulation system shall extend to the
property boundary and be metered. All fees for the supply of water meters shall be paid
to the Council.
66. All water meters must be located outside the property boundary and in an easily
assessable location to facilitate unhindered reading by Council and/or Council’s
contracted water meter readers, and not behind fences or locked gates. In this regard
approval of the water meter configuration and location must be obtained from Council’s
Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic
drawings.
67. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
development shall be served by:
67.1. 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
67.2. Individual water meters to each tenement capable of being separately rated, and
67.3. 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).
68. Fire hydrants are to be provided throughout the development in accordance with
Council Engineering Design Standards and in accordance with Queensland Fire Service
Standards.
Service Easements (Sewer / Stormwater)
69. A registered easement shall be created over the zone of influence of all sewers within
the subject site and over those parts of the subject site that are impacted upon by
sewers on any adjoining sites. The easements shall generally be parallel to and
centred over the sewer main and be equivalent in width to twice the depth to invert level
of the sewer at the deepest point within the allotment (measured from the finished
surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall
accurately locate all sewer mains and determine the necessary width of the easement,
which shall be shown on any plans submitted for Operational Works / Building Works
approval. To this extent the surveyor shall certify that the sewer and the zone of
influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at
the Land Titles Office and any additional Titles Office forms or requisitions requiring the
consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to
the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
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70. A registered easement shall be created over any stormwater drainage pipes within the
site that collect stormwater from a Council road or convey stormwater from any
adjoining property (for example, where drainage pipes are provided within the site to
prevent adjacent properties from additional ponding/flooding due to the subject site
being filled).
71. No building or other structure shall be constructed or encroach over an easement.
Earthworks
72. Earthworks required on site shall be carried out in accordance with Section 3.8 of
Council’s Engineering Design Standards Manual and so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any
natural watercourses.
73. Earthworks carried out on site shall not affect the structural integrity of any of the
existing fences and/or structures and/or lands that border the development site. Fences
that are affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification. In this regard any fences to be replaced shall be clearly shown on the
plans submitted for Operational Works approval.
Acid Sulfate Soils
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74. As the site is located below the 5m AHD, any excavation works consisting of 100m or
3
greater and/or any filling works consisting of 500m or greater and with an average
depth of 0.5m or greater will need to be carried out in accordance with State Planning
Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this
regard appropriate testing and supporting documentation prepared by a suitably
qualified specialist shall be submitted to Council for approval prior to obtaining a
Development Permit for Operational Works.
Erosion and Sediment Control
75. 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
76. 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) $33,409
PSP16 – Sewerage Headworks Contributions $27,083
PSP20 – Pathway Trunk Network Contributions $34,433
TOTAL Contribution Amount = $94,925
Please note, that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from December 2007 until the date of payment.
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All contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
the contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s
Land Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises
lapses or is cancelled, the trading bank guarantee will be returned.
General
77. A suitably qualified Registered Professional Engineer shall prepare engineering
drawings and specifications for all engineering works that will become Council
infrastructure, which shall be submitted in conjunction with an application for a
Development Permit for Operational Works. To avoid conflict with underground pipes or
services, all existing and proposed services required by the development shall be
shown on the plans.
78. 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.
79. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site shall be covered to prevent materials including dust being
windblown from the vehicle.
Environmental Health
80. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”, including an external imperviously paved area correctly sized
for all refuse and recycling containers and suitably screened from public places and
neighbouring properties. A bin wash area is required with a cold-water tap, hose and
drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to
prevent storm water entry to the sewerage system and this can be achieved with a nib
wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the
waste area can be roofed, or any other design approved by Council.
81. 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.
82. The development must allow refuse-loading areas to be located off street. All vehicles
associated with the collection of waste/recyclables, shall enter and leave the site in a
forward direction.
83. 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 –
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From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
84. Submission of written certification from a suitably qualified person confirming that the
noise levels from all mechanical equipment comply with the cause above when
measured at either the residential boundary or outside the most exposed part of an
affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. This assessment must take into account noise from any other fixed equipment
on the property e.g. swimming pool pump, heating/cooling equipment, etc that may
increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment
is best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
85. 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.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
07041 SD01 B Overall Site Plan – Sprout Architects 16/01/08
07041 SD02 B Building K – Drawings – Sprout 16/01/08
Architects
07041 SD03 B Building A – Drawings – Sprout 16/01/08
Architects
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07041 SD04 B Building B – Drawings – Sprout 16/01/08
Architects
07041 SD05 B Building C – Drawings – Sprout 16/01/08
Architects
07041 SD06 B Building D – Drawings – Sprout 16/01/08
Architects
07041 SD07 B Building E – Drawings – Sprout 16/01/08
Architects
07041 SD08 B Building F – Drawings – Sprout 16/01/08
Architects
07041 SD09 B Building G – Drawings – Sprout 16/01/08
Architects
07041 SD10 B Building H – Drawings – Sprout 16/01/08
Architects
07041 SD11 B Building I – Drawings – Sprout 16/01/08
Architects
07041 SD12 B Building J – Drawings – Sprout 16/01/08
Architects
07041 SD13 A Site Sections – Sprout Architects 16/01/08
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/
Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class Approved
Existing Quantity
Use / Use Quantity
Total
2
9,341m
Industrial Business – Use Area
2.084 ha Site Area Type 1 – Warehouse
(Vacant Land) and Type 2 –
Business Centre
Zone (Note: Water and Production
Sewer Headworks 363m²
credit per 2006/1594) Use Area
Education - Adult
(50
students)
2. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $362,948 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from December 2007 until the date of
payment. An Infrastructure Charge Notice will be issued in accordance with Chapter 5
of the Integrated Planning Act 1997.
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3. The applicant is informed that payment via credit card transaction will not be an
acceptable method of payment for development contributions conditioned in this permit
or for infrastructure charge notices issued separately.
4. Digital detailed designs including drawings, calculations, specifications etc, shall be
submitted with any application for a Development Permit for Operational Works in
respect of roadworks and stormwater drainage works. In this regard a DXF/DWG file on
GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
with any application for Operational Works. The design shall be in accordance with
Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads,
Drainage and Earthworks.
5. To facilitate production of As Constructed drawings it is suggested that all design
drawings are submitted in the Asset Design and As Constructed (ADAC) digital format.
(Guidelines on the use of ADAC are available at www.adac.com.au).
6. 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.
7. 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:-
a. 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;
b. 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;
c. Any services and facilities in the building complex must allow independent,
dignified and equitable use of the services and facilities for all people.
8. This proposal has not been assessed in relation to the spread of fire between properties
/ buildings. It is the building certifiers responsibility to assess the requirements for fire
services, fire separation and appropriate methods of construction as part of the building
works approval process. Referral to the Queensland Fire and Rescue Service (QFRS)
may be required as part of the Building Approval process.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Landscaping, Access and/or Carparking, Stormwater
Works Drainage and Erosion & Sediment Control
11 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
12 SUBMISSIONS
There was one (1) properly made submission about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
1. The proposed development incorporating Education and Industrial Business uses meets
the Overall Outcomes of the Noosaville Locality Code by creating new employment
opportunities that may be for environmental research and development.
2. Industrial Business Type 1 & 2 uses are desired uses within the Shire Business Centre,
as they are identified as consistent uses within other precincts (Precincts E4 & E5) of the
Shire Business Centre;
3. The use rights for Industrial Business Type 1 & 2 have not been taken up in Precincts E4
& E5, and therefore the proposed development ensures that the mix of uses intended
within the Shire Business Centre is achieved;
4. The site’s physical layout and its location within the Shire Business Centre and next to
industrial estate lends itself to supporting Industrial Business uses, with buffers
incorporated into the development to minimize the development’s impact on adjoining
open space areas.
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14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Shane Adamson
MANAGER - LAND USE
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List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
W.A. Stockwell Pty Ltd
PO Box 3144
WEST END QLD 4101
Page 18 of 20
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants
(6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to the court against the decision in the notice-
(a) the giving of a development approval, including (a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other extension of the currency period for an
provisions of the approval; or approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make
a minor change to an approval.
(2) The appeal must be started within 20
business days (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development
appeal the decision. application (superseded planning scheme)
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
application involving impact assessment. (4) Also, a person who has made a request
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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(5) An appeal under subsection (4) may be (2) The appeal must be started within 20
started at any time after the last day the business days after the day notice of the decision
decision on the matter should have been is given to the applicant.
made. For Building Works Only
Division 9 - Appeals to court about other Rights of appeal conferred by Section 4.2.9 of the
matters Integrated Planning Act 1997 as follows:
Appeals for matters arising after approval given Division 3 – Appeals to tribunals relating to
(no co-respondents) development applications
4.1.31.(1) A person to whom any of the following Appeals by applicants
notices have been given may appeal to the court
4.2.9(1) An applicant for a development application
against the decision in the notice-
may appeal to the Building and Development
(a) a notice giving a decision on a request to Tribunal against any of the following-
change or cancel a condition of a development
approval. (a) the refusal, or the refusal in part, of a
2 development application;
(b) a notice under section 6.1.44 giving a decision
to change or cancel a condition of a (b) a matter stated in a development approval,
development approval. including any condition applying to the
development, and the identification of a code
(2) The appeal must be started within 20 under section 3.1.6;
3
business days after the day the notice of the
decision is given to the person. (c) the decision to give a preliminary approval when a
development permit was applied for;
(3) Also, a person who has made a request
(d) the length of a period mentioned in section 3.5.21
mentioned in subsection (1)(a) may appeal
currency period;
to the court against a deemed refusal of the
request. (e) a deemed refusal.
(4) An appeal under subsection (3) may be (2) An appeal under subsection (1)(a) to (d) must
started at any time after the last day the be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
decision on the matter should have been
negotiated decision notice is given to the applicant.
made.
(3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval started at any time after the last day a decision on the
conditions under the repealed Act matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a The Registrar for the Building and Development
decision made on an application to change the Tribunal may be contacted at the website
conditions attached to an approval given under http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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