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SUPERSEDED Decision Notice - 010.2007.00001841.001 [As Published] · 132007.1841

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                                             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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Full text of the other 19 pages

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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
                                                                            2
      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.



                                                                                        Page 11 of 20

Page 12

                                         - 12 -



      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 –
                                                                                     Page 12 of 20

Page 13

                                                 - 13 -




             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


                                                                                               Page 13 of 20

Page 14

                                             - 14 -



 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.


                                                                                         Page 14 of 20

Page 15

                                               - 15 -



     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.




                                                                                            Page 15 of 20

Page 16

                                                  - 16 -



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.
                                                                                               Page 16 of 20

Page 17

                                               - 17 -



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




                                                                                         Page 17 of 20

Page 18

                                - 18 -




                         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

Page 19

                                                        - 19 -




                                              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)
                                                                                                         Page 19 of 20

Page 20

                                                        - 20 -



    (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)
                                                                                                             Page 20 of 20

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