Other Change Decision Notice - Council Meeting Decision 132007.12.8

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132007.12.8
Your Reference:	.NA
19 July 2019
Noosaville Medical & Professional Centre Pty Ltd
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir/Madam
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 18 July 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	132007.12.8
Street address:	88A Goodchap St Noosaville Qld 4566
Real property description:	Lot 3 SP264909
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 13 December 2007:
Development Permit for Material Change of Use – Commercial Business Type 1 & 2, Education Type 3 – Adult, Retail Business Type 1 – Local & Type 2 – Shop and Salon, Entertainment and Dining Type 1 – Food & Beverage.
In relation to the request to make an Other Change to the existing approval, Council on 18 July 2019, decided to approve the requested changes. The changes are detailed below.
Amend conditions 1, 12, 7, 8, 10, 36, 44, 45, 46, 66, 67 and delete condition 65
Include new conditions 68 – 77
The construction of the bus stop and at grade car park required by conditions 1, 36, 37, 39, 40 & 66 are outstanding and must be completed by 18 January 2020.
currency period of approval
The currency period for this development approval is stated in Condition 19 with a sunset clause included as Condition 77.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No	Plan/Document Name	Date
CP2 .02C-1	Overall Parking Layout, drawn by Middap Architecture Pty Ltd	May 2016
0427-DA02E	Site Plan - Overall Podium Level drawn by Middap Ditchfield Pty Ltd	13/12/2007
	Amended in Red	
9427 - DA03E	Site Plan - Overall Upper Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
	Amended in Red	
0427- DA05E	Stage 2 Podium Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427 - DA06E	Stage 2 Upper Floor Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427 - DA07D	Stage 2 Roof Plan, drawn by Middap Ditchfield Pty Ltd	13/12/2007
0427- DA08D	Existing Approved Elevations & Sections, drawn by Middap Ditchfield Pty  Ltd	13/12/2007
0427- DA09D	Proposed Elevations & Sections, drawn by Middap Ditchfield Pty Ltd Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846, drawn by Jones Flint & Pike	13/12/2007
DA 01F	Site Plan, drawn by Middap Architecture Pt (as annotated by Council)	March 2017
DA 02F	Level 1 Plan, drawn by Middap Architecture	March 2017
DA 03F	Level 2 Plan, drawn by Middap Architecture	March 2017
DA 04F	Level 3 Plan, drawn by Middap Architecture (as annotated by Council)	March 2017
DA 05F	Elevations (North-east & South-East), drawn by Middap Architecture (as annotated by Council)	March 2017
DA 06F	Elevs (South West & North West) and Section	March 2017
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council's Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter. The Landscape Plans required to be submitted are to demonstrate dense vegetation comprising native trees and shrubs and include some mature plantings within the setback areas of the proposed car park structure, to assist providing a visual screen and buffer to adjoining residential premises.
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.
Any advertising sign or device is to comply with Council's policies on advertising.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use.
Secure bicycle racks shall be provided on site to accommodate a minimum of 48 bicycles. The proposed bicycle racks shall be identified on the plans submitted for Operational Works approval and shall be located to the reasonable satisfaction of the Council.
End of trip facilities shall be provided within the approved buildings at a minimum rate of 24 lockers and 4 showers.
Deleted.
10	The proposed development shall not exceed a maximum height of 2 storeys and 10 metres above natural ground level with the exception of;
building B, which may be 3 storeys in height; and
stage D building (refer Site Plan DA 01F) which must not exceed a height of 9.8 metres above natural and finished ground level, with the lift overrun not exceeding 10.5 metres.
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 the condition 10 of the approval.
12.	The development is permitted a total maximum use area of 6,729m² with each individual use having the following maximum use areas:
Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact area and 1,998m² of non-student contact area;
Retail Business - Type 1 – Local, 100m²;
Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business Type 1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
The remaining use area being available for:
Commercial Business Type 1 – Office;
Commercial Business Type 2 – Medical; and
Commercial Business Type 3 – Veterinary.
Student contact area comprises all areas used for student lectures, tutorials or the like.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Any new kitchen, laundry and bathroom fittings are to 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.
Deleted.
The development shall be undertaken in accordance with the recommendations of the Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses if the use has not happened by 17 February 2014, unless an application to extend the currency is approved by Council.
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
Reconfiguring a Lot
The lot reconfiguration shall be in accordance with plan SP196846 as submitted by Jones Flint & Pike Pty Ltd except as modified herein.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Pursuant to Section 3.7.3(3)(c) of the Integrated Planning Act, all outstanding rates and charges due and payable to Noosa Council in respect of the lots being reconfigured shall  be paid prior to endorsement of the Plan of Survey.
The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to Lot 1 on RP802360 on either side of Council's pathway to assist service vehicle access. An underground electricity service shall be provided to service all parts of Lot 4 if not already provided. The service shall be provided before the use commences.
All parts of lot 4 shall be serviced by water supply appropriate for necessary requirements, such as firefighting. The service shall be provided before the use commences.
Vehicle Access
The eastern site access intersection shall be modified to increase the length of the parallel right turn storage lane to at least 20 metres.
The existing primary vehicular access driveway off Goodchap Street (eastern access) shall be modified by the construction of a splitter island at the entrance should be extended to preclude right turns in or out of the car parking aisle along the front of the eastern building.
All driveways 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 AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists 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.
In regard to the existing pathway between the two parts of Lot 4, buildings shall be modified as necessary to achieve these sight distances and this compliance demonstrated in the plans submitted as part of the operational works approval. The crossing shall also be a raised type, be appropriately lit and give priority to pedestrians and cyclists.
The access to and from Traders Lane will only be permitted for use by service and emergency vehicles. A sign indicating this shall be installed at the exit.
In any operational works application, the developer shall demonstrate by the way of a turning template, that service and emergency vehicles can access the site via Traders Lane. If this cannot be achieved the building shall be set back or modified to allow entry of these vehicles.
All vehicles shall enter and leave the site in a forward direction.
Loading Areas
Two combined loading zone/carpark spaces shall be included on site and operate as a Loading Zone between the hours of 8 am to 11 am weekdays and shall be sign posted to indicate this.
The combined loading zone / carpark space shall be sized to accommodate a small rigid vehicle in accordance with AS 2890.2 - 1989. These spaces will be indicated on the operational works application for car parking.
Car Parking
Off Street
The development shall provide car parking spaces on the site at a minimum rate of 369 car parking spaces (including 40 parking spaces for the childcare centre) for Stages A, B & C, with a total of 403 car parking spaces at the completion of Stage D (refer Site Plan DA 01F). Provision for 8 motorcycle or scooter park spaces must be included in the total number of car spaces.
All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles, although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles.  In all other respects, the designs should comply with AS2890.1 - 2004.
Vehicular access to the site shall be primarily from Goodchap Street and car parking shall be generally in accordance with the approved plans.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
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.
Pathway Lighting
The existing pathway between the two existing lots shall have lighting installed from Goodchap Street to the rear boundary of Lot 4. This lighting shall have a high energy efficient rating to the reasonable satisfaction of Council and be designed to meet appropriate safety standards and not to adversely impact residences in the area.

Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root  system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Frontage Works
Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
Roof Water & Stormwater Drainage
Stage A - Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum storage the greater of 5000 litres or 15 litres/m2 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 an approved discharge point.
All stages:
All stormwater drainage (including roof water overflow from the rainwater storage system) must be collected and discharged so there is no net increase in stormwater runoff from the site.
A Stormwater Management Plan must be submitted to Council in conjunction with an operational works application to demonstrate how water quality and quantity objectives are to be met as follows:
No increase in peak flow runoff from the site up to and including a one in 100 year ARI.
80% reduction in total suspended solids;
60% reduction in total Phosphorus
45% reduction in total Nitrogen compared to an unmitigated development scenario.
This Management Plan must set the objectives and include a plan indicating location and sizing of the devices prosed. The operational works application shall be in accordance with this plan and buildings must be modified if required to accommodate the treatment infrastructure wholly within the allotment.
A maintenance plan for the treatment devices must be complied with for the duration of the approved uses.
A Development Permit for Building Works must not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
All parts of the site shall be connected to Council's existing sewerage reticulation systems and be constructed in accordance with Council's standards and requirements at no cost to Council.
Town Water Supply
All parts of 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.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc)  the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Earthworks
Filling works 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 existing overland flowpaths. Detailed site surveys indicating natural surface levels and contours of the adjoining properties must be provided with the application for a Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow­ path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow­ path and easement shall not apply.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Acid Sulfate Soils
As the site is located below the 5m AHO, any excavation works consisting of 100m3 or greater and/or any filling works consisting of 500m3 or greater and with an average depth of 0.5m or greater will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
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:	STAGE A	STAGE B (in addition to Stage A)	TOTAL Stage A+ Stage B
PSP12 - Public Open Space Contributions (Park)	$3,233	$0	$ 3,233
PSP16 -  Seweraqe Headworks Contributions	$ 34,617	$ 14,785	$49,402
PSP17 -Water Supply Headworks Contributions	$29,629	$25,727	$55,356
PSP20 - Pathway Trunk Network Contributions	$ 3,266	$0	$3,266
TOTAL Contribution Amount =
I   $ 70,745    I $40,512       I $111,257
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
TOTAL Contribution Amount =
I   $ 70,745    I $40,512       I $111,257
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works for the relevant stage.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should 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 paid contributions and/or the trading bank guarantee will be returned.
General
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.
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.
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
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 .
Refuse containers .must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council's Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Submission of written certification from a suitably qualified person confirming that the noise levels comply when measured at the nearest residential boundary. This is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.
A perso· n must not use equipment on any day if it makes or causes noise to be made
Before 7am or after 1Opm: More than the lower of either -
•	40 d(B)A
3 d(B)A above the background noise level
From 7am to 7pm: More than the lower of either -
•	50 d(B)A
5 d(B)A above the background noise level
From 7pm to 10pm: More than 3 d(B)A above the 	background noise l evel.
Additional Conditions (7/3/08)
The applicant shall enter into an infrastructure agreement with Council with regard to the provision of private services within the 5m wide road reserve that divides the two separate parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of the infrastructure agreement shall:
Provide for the installation, maintenance and preservation of the private water an electrical services that supply the separate parts of Lot 4,
Provide for the maintenance of the road reserve in those parts affected by the private services,
State that the applicant is responsible for obtaining approval for the design and construction of the various services from the relevant authority,
State that the design and construction of the services shall be wholly at the applicant's expense and shall not entail a financial encumbrance on future purchasers of the proposed lot, and
Be to the satisfaction of the Department of Natural Resources and Water (DNR&W). If DNR&W does not consent to the private services crossing their land the applicant shall find an alternative means of providing services to the balance of Lot 4 prior to the use commencing.
The required contributions shall be paid to Council and the associated car parking constructed.
Additional Conditions (16/3/10)
Deleted
Where vehicular access arrangements are varied in accordance with the alternative access arrangements identified by Condition 69, the applicant shall design and construct an indented bus bay in Goodchap Street to replace the existing kerb side bus stop located in the frontages of No 135-137 Goodchap Street. The works for the bus bay shall include but not be limited to the following:-
Be located generally in accordance with Drawing No. P1OC, Job No. 06679 prepared by TOD Noosa dated 29 May 2009,
Be designed and constructed generally in accordance with Translink's "Regular Stop" as shown on Translink Drawing No. TL-R02 with the following modifications:
The kerb type in the tapers must provide unimpeded access to the two affected residential properties,
The minimum taper on the approach should be approximately 20m,
The new taper should be 1 in 7, and
The minimum length of the bus stop itself is 20m.
The pad, seat, bin, signage and tactile indicators as shown on Translink's "Regular Stop" as shown on Translink Drawing No.TL-R02.
Any modifications to and realignment of the existing residential access driveways,
A 2m wide concrete footpath connecting the bus stop to the existing footpath in Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council as part of an application for Operational Works.
Prior to the issue of any Building Approval and commencement of the construction of Stage D (refer Site Plan DA 01F) in the northwest corner of the site, an Operational Works approval shall be obtained to address necessary vehicle access arrangements and additional vehicle movements to, and within the site.
Additional conditions 18 July 2019
Staging of the development is to be in accordance with Site Plan DA 01F (as annotated by Council).
Access for Stage D
Vehicular access arrangements must be varied to allow for an alternative access arrangement for northern vehicle access to the site from Goodchap Street. The alternative access arrangement shall be generally in accordance with Drawing No. 17548-C003 Rev B prepared by TOD Noosa dated 14 September 2018. The works shall include but not be limited to:-
The linemarking necessary to provide the right turn lane and associated medians,
The direction linemarking within the existing access,
The widening of the current vehicle crossover, and
Any works associated with the existing Telstra pit to the satisfaction of Telstra. Suitable certification from Telstra shall be submitted to Council prior to the commencement of any works and at the completion of the works.
Further, a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval as part of an application for Operational Works
Pedestrian Access – Stage D
The pedestrian bridge (as annotated on the approved plans) cannot be constructed until a road closure approval has been obtained from the Department of Natural Resources and Mines. Council’s consent is to be obtained prior to the application being lodged with the Department.
Stormwater Management – Stages C & D (Lot 3 RP264909)
The stormwater management design must be submitted with an Operational Works application and must demonstrate that the bioretention basin will only receive stormwater flows from catchments the bioretention basin is modelled to treat for water quality improvement purposes (i.e. Sub 2 as detailed on Figure 4 in the Stormwater Management Plan for Lot 4 Good Chap Street Noosaville by Aquaintel dated 25 June 2017). Any detention area required for catchments that are not modelled to be treated by the bioretention basin, must be redirected around or under the bioretention basin.
Prior to commencement of use of any stage serviced by a stormwater quality treatment device, such as a bioretention basin, the Community Management Statement must be updated to identify and schedule the maintenance requirements for the stormwater quality treatment device asset for that relevant stage.
Vegetated stormwater quality treatment infrastructure must be maintained in accordance with the manufacturer’s specifications or for vegetated stormwater quality improvement assets, the Water by Design Guideline for Maintaining Vegetated Stormwater Assets
Construction Management Plan – Stages C & D
A Construction Management Plan must be submitted to Council prior to a pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construction phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Adequate parking arrangements for patrons utilising the site and construction workers
Proposed fencing to the site during the construction phase of the development
No queuing of trucks is permitted on Goodchap St or Eumundi Noosa Road, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of the adjoining Lake Doonella Bush Reserve
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 (especially residential), emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  Any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
Landscaping
The area between Stage D and the extent of the northern boundary must be densely landscaped at a minimum width of 2 metres in accordance with an Operational Works approval. Screening vegetation must be planted in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must consist of native, endemic species.

Nature and Extent of Approved Use - Veterinary
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 7pm. The requirements of this condition must be included in the Community Management Statement for anybody corporate for the subject site
Sunset Clause
Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of the approval for Stage D lapses if the whole of the approved use has not happened 18 July 2025.
referral agencies
Not Applicable
advisory notes
For the purpose of these conditions, the following definitions apply: -
A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
A registered Professional Civil Engineer means an civil engineer who is registered in Queensland pursuant to the Professional Engineers Act 1988.
Carparking area means a parking area as defined in the Noosa Plan inclusive of manoeuvring areas and access from the roadway.
The person acting on this permit means any person or company who undertakes development pursuant to this permit.
AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS 2890.1-2004.
Principal Contractor means the person nominated by the Applicant and approved by the Manager - Land Development at a pre-start meeting as being responsible for the major component of works associated with a Development Permit for Operational Works of any works on the site.
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 (References = 23495DA; 2004/5231; 20050866;  & 2006/2435)	Approved Development (Reference = 2007/0012)
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
			STAGE A	STAGE B
Commercial Business Type 1 Office	1,630 m2 Use Area	Commercial Business Type 1 Office	2,178 m2 Maximum Use Area	1,368 m2 Maximum Use Area
Commercial Business Type 2 Medical	2,460 m2 Use Area (equivalent to 55 consulting rooms)	Commercial Business Type 2 Medical	3,000 m2 Maximum Use Area (equivalent to 67 consulting rooms)	3,000 m2 Maximum Use Area (equivalent to 67 consulting rooms)
Retail Business Type 1 Local	100 m2 Use Area	Retail Business Type 1 Local	100 m2 Maximum Use Area	100 m2 Maximum Use Area
Retail Business Type 2 Shop; & Entertainment & Dining Type 1 Food & Beverage	236 m2 Use Area	Retail Business Type 2 Shop; & Entertainment & Dining Type 1 Food & Beverage	236 m2 Maximum Use Area	236 m2 Maximum Use Area
Education Type 3 Adult	790 m2 Use Area           (70 students)	Education Type 3 Adult	790 m2 Maximum Use Area                (70 students)	1,600 m2 Maximum Use Area                (140 students)
TOTAL =	5,216 m2 Use Area	TOTAL Maximum Use Area Allowable =	6,304 m2 Use Area	6,304 m2 Use Area

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 $157,394 (STAGE A) and $0 (STAGE B) = TOTAL (Stage A + Stage B) = $157,394 and is subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
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.
Digital detailed designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of 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.
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).
Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $150,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:-
The building and environs should be designed to meet the requirements of the Human  Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
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.
Additional Advisory Note
Infrastructure Charges (Other Change dated 18 July 2019)
This Change to the Existing Approval will trigger an additional “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
This Infrastructure Charge applies only to the additional development of 675 m2 GFA and 1,766 m2 impervious area located on the vacant area of land approved by this Change to the Existing Approval being additional to the previously approved existing lawful development
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	Landscaping, Access and Carparking, Site Civil Works, Roadworks, Stormwater Drainage, Frontage Works, Site Filling and Erosion & Sediment Control.
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
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 13 December 2007.
Negotiated Decision Notice – 11 March 2008, with an amendment to conditions 7, 10.5. 15, 24, 25 & 55, amend advice conditions 2 & 3, include additional condition, delete condition 9
Decision Notice - Minor 132007.12.2 – 21 November 2008, with an amendment to conditions 1, 7, 8 ,12, 15, 36, 38 & 55, change advise condition 2 & 3, include additional condition: 2010
132007.12.3 - 16 March 2010, Include additional conditions 65, 66 and 67
132007.12.04 – 16 February 2011, amend condition 19 to extend currency period to 17 February 2014;
132007.12.6 – 3 February 2017, Judgement changes.
Decision Notice – Other Change – 132007.12.8 – 18 July 2019, with an amendment to conditions 7, 8, 10, 44, 46, 66, 67, delete condition 65, include additional conditions 68-77

	
	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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