Negotiated Decision Notice MCU19 0017

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU19/0017
Your Reference:	02391
20 December 2019
Ribarja Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 19 December 2019, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 17 October 2019.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU19/0017 & RAL19/0004
Street address:	36 & 40 Hofmann Dr Noosaville
Real property description:	Lot 6 SP 264847, Lot 7 SP 264847
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 17 October 2019, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Commercial Business Type 1 Office, Type 2 Medical & Ancillary Dwelling Unit)
Reconfiguration of a Lot – Access Easement (alteration of existing)
In relation to representations, Council on 19 December 2019 decided to:
Agree to amend condition 24
Agree to delete condition 34
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
1.	Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2.	Development undertaken in accordance with this approval must generally comply with the approved plans listed within this Decision Notice. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA-00.00	16	Cover Sheet	11/07/2019
DA-10.12	01	Site Context Plan – Adjusted Boundary	22/05/2019
DA-21.10	21	Basement Floor Plan	17/07/2019
DA-21.20A	33	Ground Floor Plan	15/08/2019
DA-21.21	18	Level 1 Plan	11/07/2019
DA-21.22	14	Level 2 Plan	29/03/2019
DA-21.30	13	Roof Plan	29/03/2019
DA-30.10	13	Elevations	3/06/2019
DA-31.10	11	Sections	29/03/2019
DA-31.11	07	Sections	29/03/2019
DA41.01	07	Perspective Renders	03/06/2019
DA-41.02	08	Perspective Renders	03/06/2019
D-02391.01-C		Change to Carparking & Proposed Easements	12/09/2019
Nature and Extent of Approved Use
3.	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.
4.	The number of practitioners on site must not exceed 98 at any one time.  Any Community Management Statement (CMS), tenancy agreement, lease or the like must specify the maximum numbers of practitioners permitted for each tenancy/lease area. Details of the proposed arrangement must be submitted to Council prior to the commencement of use.
Currency Period
5.	The Currency Period for this development approval lapses if the use has not happened by 17 October 2025, unless an application to extend the currency period is approved by Council.
Building Height
6.	The maximum height of the roofline of the development must not exceed 10.2 metres and the lift well must not exceed 11.3 metres above the finished ground level and the natural ground level.
7.	Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
8.	Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Staging of Development
9.	The development is not to be staged, unless otherwise approved in writing by Council.
Street Identification
10.	The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Appearance
11.	Ground floor tenancy front glazing along the frontage must be fully transparent as shown on the Approved plans.
12.	The external finishes of the building must include a mix of materials, variation in roof form, balconies and extensive eaves as shown on the Approved plans.
13.	All mechanical equipment and other service infrastructure located on the site must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Acoustics
14.	Windows of the building should have acoustic properties, such as thickness and/or glazing of the glass to offset any noise from the adjoining industrial estate.
Land Amalgamation
15.	Both lots subject to the development must be amalgamated, prior to the lodgement of a Development Permit for Building Works.
Public Safety
16.	During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, travelators, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas.
Community Management Statement
17.	Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment and must specify the maximum number of practitioners for each tenancy area.
18.	All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
External Works
19.	Hofmann Drive must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with Lambert & Rehbein Figure number B18254-SK-001 J (attached to Lambert & Rehbein letter of 22 August 2019) and include in particular:
a.	construction of road widening, kerb and channelling and underground stormwater drainage
b.	construction of the realigned pedestrian footpath
c.	MUTCD compliant signage to prohibit the use of the access for heavy vehicles (excluding emergency vehicles), and signage to direct staff and customers to the onsite parking areas
d.	replacement of any removed/disturbed vegetation in the road reserve
e.	removal of any redundant sections of the existing access, kerb and channel
f.	relocation/reinstatement of existing services both above and below ground.
Site Access and Driveways
20.	Design and construct the access to Hofmann Drive generally in accordance with Lambert & Rehbein Figure number B18254-SK-001 J (attached to Lambert & Rehbein letter of 22 August 2019) and in conjunction with an Operational Works approval. The access is to be designed to accommodate:
regular exit onto Hofmann Dr by a 12.5m HRV, occasional entry to the site by a 12.5m HRV (the vehicle can use the whole of the through lane in Hofmann Dr and both sides of the internal access road); and
regular entry to the site by an 8.8m MRV (the vehicle can straddle the left turn lane in Hofmann Dr but use only the entry side of the internal access road).
21.	Prepare, implement and maintain an access management plan to direct trucks servicing the development to enter the site only from Rene Street, not via the Hofmann Drive access. The management plan must be submitted as part of an Operational Works approval.
22.	Install MUTCD compliant signage at the Hofmann Drive entry to the site:  “No trucks” – “Emergency Vehicles Excepted”.
23.	A sealed access driveway must be provided from Hofmann Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	a driveway crossover generally in accordance with Council’s Standard Drawing RS-051
b.	suitable safety measures, including warning signage, to improve driver awareness. Warning signage must be provided near the exit ramp from the underground parking area to warn motorists of traffic movements along the access easement street
24.	Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to the issue of any Operational works approval. The sight lines must be generally in accordance with the drawing titled Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-C, dated 12.09.2019 and AS/NZS2890.1:2004.  Prior to the issue of the development approval for any operational works:
a.	The survey plan for the required easements within the adjoining property (Lot 5 on SP264847) and the associated easement documents are to be approved to confirm compliance with conditions by Council.
b.	A written undertaking from the developer (solicitor or alternative acceptable to Council) must be provided to Council that confirms that the easement documents will be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon completion of the relevant civil works on the site. The easements must be registered and copies of the registered documents submitted to Council prior to the commencement of the approved use. The easement documents must be registered within 30 days from the date of the issue of the Operational Works approval..
Car Parking
25.	A minimum of 281 car parking spaces & 46 scooter/motorcycle spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	7 disabled parking spaces within the car parking total;
b.	1 additional car space for the exclusive use for Lot 5 on SP264847 as per the requirements of Condition 33;
c.	pedestrian routes generally in accordance with the approved plans;
d.	dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities for the relevant user class.
26.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
27.	Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
28.	Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with the approved plans.
Pedestrian and Bicycle Facilities
29.	Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	pedestrian pathways between the proposed car parking area and the building/s;
b.	adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels;
c.	signage and lighting at strategic locations to direct people to building entries and public toilet facilities;
d.	pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient congregating of pedestrians waiting to cross major access driveways;
e.	a total of 82 bicycle parking spaces;
f.	end of trip facilities involving a minimum of 10 lockers, 4 male and 4 female showers and change rooms.
Electricity and Telecommunication Services
30.	Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
31.	Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
32.	The existing access easement that extends through the site must be modified to encompass the proposed traffic movements and be generally in accordance with Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019.
33.	An easement for carparking purposes must be registered in favour of the adjoining property (Lot 5 on SP264847) against the title of the subject site. The easement must be of sufficient dimensions to fully encompass the proposed parking space indicated on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. The terms of the easement must be submitted to Council for approval as part of the subsequent plan sealing application and be registered prior to the issue of any Operational Works approval.
34.	Delete
35.	Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
36.	All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
37.	All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
38.	All earthworks and associated retaining structures/batters/anchors must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
39.	All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
40.	Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
a.	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Signage
41.	Proposed signage for the premises is to be in accordance with Council’s signage policy.
42.	Any proposed signs must be integrated into the building design.  A signage plan must be submitted with an application for Operational works detailing the proposed location, size and number of signs.
43.	Only 1 pylon sign is permitted for the subject site.
Landscaping Works
44.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
a.	the works shown on the approved Ground Floor Plan;
b.	Advanced tree species, shrubs and grounds covers to the frontage of the development to provide visual screening the bulk of the building including:
A minimum of 8 x 100L trees that are of local native species;
landscaping must provide for local native shade trees suitable for the area to reduce solar reflection and provide local amenity;
landscaping must provide a range of ground covers and shrubs to soften the bulk of the buildings and provide visual disruption of continuous walls and facades;
Landscape gardens beds must be of sufficient depth, area and growing media to promote good plant growth.
c.	vegetated screening of any electrical transformers, retaining walls, bin storage areas, ancillary pump facilities and the like from the road frontage.
45.	All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
46.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Stormwater Management
47.	In conjunction with submission of any development application for Operational Works, provide a revised Stormwater Management Plan, relevant modelling, and revised site drainage design which achieves the following:
The flood detention function is to be completely removed from the bioretention device and the downstream detention tank increased in size to fully serve the required detention function. Retaining walls surrounding the bioretention device are to be reduced in height so that amenity, accessibility and light penetration are improved; and
Revised detention tank design calculations and documentation is to be provided which identifies all assumptions and the methodology applied in deriving the tank design and which is based on the recommendations of Australian Rainfall and Runoff 2019 and QUDM 2017. Ensemble temporal patterns are to be utilised for the analysis as well as the current rainfall intensities recommended by Bureau of Meteorology. The detention tank is to either achieve non-worsening for the range of durations relevant to the downstream drainage network or is to demonstrate flows are consistent with the design of the network.
48.	Bioretention devices are to be designed in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012), and IPWEQA Standard Drawing No. WSUD-001 and are to be provided with a free-draining outlet from the sub-soil drainage system.
49.	Permanent educational signage must be erected to educate the public about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.
50.	All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all maintenance activities undertaken must be kept and made available to Council upon request.
51.	Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each shed owner.
Acid Sulfate Soils
52.	All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a suitably qualified person and referenced in a Development Permit for Operational Works. Refer Advisory Notes. The Acid Sulfate Soil and Groundwater Management Plan submitted with the application for Operational Works must detail:
a.	Management necessary for the proposed filling to avoid any impacts of the Potential Acid Sulfate Soils identified on the site – in particular impacts related to compacting Acid Sulfate Soils into the groundwater table and releasing water contaminants;
b.	design measures necessary to prevent any oxidation of the potential acid sulfate soils or transfer of acid sulfate soil leachates via dewatering of groundwater through underground pipe bedding material;
c.	Any other matters necessary to prevent the oxidation of potential acid sulfate soils or release of Acid Sulfate Soil related water contaminants.
53.	All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must be suitable for the downstream environment prior to release from the site.
Waste Disposal
54.	The developer must provide waste storage and disposal facilities in accordance with Waste Management Plan identified as Appendix E as submitted to Council on 14 June 2019 and Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
55.	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.
56.	Public bins must be provided throughout the car park to reduce littering. Bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Earthworks, Stormwater, Landscaping
Development Permit for Building Works	Building Works
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

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

DECISION NOTICE HISTORY
Original Decision Notice – 17 October 2019.
Negotiated Decision Notice – 19 December 2019, with an amendment to condition 24 and delete condition 34

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