Minor Change Existing Approval MCU13 0098.01 · MCU13/0098.01

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU13/0098.01
Your Reference:	2146
28 September 2020
Markris Wholesale Foods Pty Ltd
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 13 July 2020, requesting a minor change to an existing development approval. Council on 24 September, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU13/0098.01
Street address:	81 Rene St Noosaville Qld 4566
Real property description:	Lot 3 SP 244573
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 30 September 2013
Development Permit for Material Change of Use of Premises – Industrial Business Type 2 Production, Alteration, Repackaging & Repairing.
In relation to the request to make a minor change to the existing approval, Council on 24 September 2020, decided to approve the requested changes. The changes are detailed below.
Agree to amend condition 13
Amend Item 6 and Item 7 of the Decision Notice
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval MCU13/0098 took effect.

assessment manager conditions
PLANNING
When Conditions must be Complied With
All conditions of REC12/0106 must be complied with and the plan of survey sealed prior to the use commencing.
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
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*.
*(Refer to Advisory Note)
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and natural ground surface.
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
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
Street Identification
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
The building must incorporate a minimum of 600mm eaves to the front and side elevations (north, south & east elevations). Amended plans must be submitted prior to the issue of a Development Permit for Operational Works
The roof and walls indicated on the approved plans as “colorbond metal wall finish” must not be plain galvanised in colour. In this regard the colour palette for the development must be submitted to Council for approval prior to the issue of a Development Permit for Operational Works.
Signage
All advertising signage must comply with the Advertising Devices Code.

LANDSCAPING
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
The works shown on the approved Landscape Design 2 Planting Layout plan, except where amended by conditions contained herein
The provision of 4 with a minimum pot size of 45L native tree species within the carpark area to screen the bulk of the development and provide shade to the carpark
All plantings near storm water infrastructure are to be coordinated with the approved hydraulics plans and must not interfere with the operational function of the storm water devices, either by root interference, shading or other means.
Landscaping plans must show the location of all water quality devices
Vegetated screening of any hydrants/transformers/bin areas/or other bulky infrastructure from Rene Street, designed such that 60% of the infrastructure will be screened within 3 years OR at maturity
Maintenance access to the side and rear boundary landscaping areas.
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.
ENGINEERING
Access, Carparking and Bicycle facilities
A minimum of 24 car parking spaces and 8 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 layout must include the additional works (widening of car space 24) as described in the Traffic Review prepared by BMC Traffic reference BMC21026 dated 10 September 2020.
Sealed parking areas, loading bays and access driveway must be generally in accordance with the approved plans and take into consideration other relevant development permits associated with this site. The works must be undertaken in accordance with an Operational Works approval and must include but not limited to the following:
Vehicle access is limited to the constructed driveway only.
The staff parking spaces be marked and sign posted.
A disable parking space marked and signed posted in accordance with the current engineering standards.
Signage must be provided to direct visitors and customers to the car parking, bicycle and motorcycle spaces provided on site as may be necessary.
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
All 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.
The access to the carpark and loading bays must not be restricted by a security gate.
Bicycle facilities in accordance with AS2890.3 Bicycle Parking Facilities must be provided for the development. The facilities must be indicated on the plans and submitted in accordance with an Operational Works approval and must include in particular:
a total of 19 bicycle parking spaces
end of trip facilities involving a minimum of 10 lockers and 1 shower cubicle with an ancillary change room.
Earthworks and Retaining Walls
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.
HYDRAULICS AND WATER QUALITY
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and QUDM, and must include in particular:
the works shown on the Referenced Plans listed in this Decision Notice
collection and discharge of stormwater to the existing stormwater easement along the frontage of the site.
the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown on the integrated water cycle management plans listed in this Decision Notice
bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001
are provided with a free-draining outlet from the sub-soil drainage system
Permanent educational signage* must be erected to educate the customers to the development 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.
*(Refer to Advisory Note)
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development.  The tanks must be provided in accordance with an Building Works approval and must include in particular:
the details identified in drawing 2783-2 of the integrated water cycle management plan listed in this Decision Notice
a total tank capacity of 22 500 litres
a catchment of 90% of the building roof area
a distribution of 50% of the total capacity for stormwater harvesting and the balance for detention purposes
re-use of harvested stormwater for internal non-potable uses and outdoor uses.
ENVIRONMENT
Waste Management
Refuse storage, removal and collection facilities must be provided in accordance with the following:
Provision of separate bins (240l wheelie bins or 1.1 m3 bulk bins) for general and recyclable waste for the site.
Collection by service vehicles from within the site or from the kerbside of the internal service road.
Provision of a hardstand impervious area within the site for the permanent storage location of the bins, having minimum dimensions of 0.36 m2 (600mm x 600mm) per wheelie bin or minimum dimensions of 0.36 m2 (600mm x 600mm) per bulk bin.
Provision of a 1.5m high purpose built enclosure to the storage location which is screened from the street.
Provision of a wash-down area in the vicinity of the permanent storage location fitted with a hose-cock and a drain connected to the sewer that has a stormwater catchment area of no more than 1m2.
UNITYWATER
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber or sewer inspection opening.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
A Trade Waste permit is required prior to any storm water, groundwater or sump pump discharge into Unitywater’s sewerage system.
Plans and documentation must be submitted to Unitywater with a completed application for a trade waste permit. This is required prior to obtaining a plumbing approval from Council.
rEFERRAL AGENCIES
Not Applicable
Approved plans
The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
DA03	B	Mezzanine Plan, prepared by Soul Space Building Design	14 June 2013
DA04	C	Roof Plan, prepared by Soul Space Building Design	12-Nov-13
DA05	C	Elevations, prepared by Soul Space Building Design	12-Nov-13
Additional Plans September 2020
SK.00	C	Site Plan, prepared by Zest Design	10/09/2020
SK.01	B	Floor Plan & Section, prepared by Zest Design	09/07/2020
SK.02	A	Elevations, prepared by Zest Design	09/07/2020

referenced documents
The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No.	Rev.	Document Name	Date
2783-2		Stormwater Drainage and Quality, prepared by Construction Hydraulics	11-07-13
2783-3		Stormwater Quality Details, prepared by Construction Hydraulics	11-07-13
2783-4		Stormwater Quality Maintenance, prepared by Construction Hydraulics	11-07-13
A3		Landscape Design 2 Planting Layout, prepared by Greenscapes Nursery & Design	12/09/2013
Additional Reference Document September 2020
BMC21026		Traffic Engineering Review of Car Parking Changes, prepared by BMC Traffic	10 September 2020

advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges

ENVIRONMENT
Food preparation areas must be constructed and equipped in accordance with the provisions of the Food Act 2006 and the Food Standards Code.  The operator of the premises must be licenced in accordance with the Act and the premises in compliance with the code prior to the use commencing. Please Contact Council’s Healthy Places Unit via the Customer Service Centre for further information and the licence application form.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
The Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $80,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to 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.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
provisions that ensure the proposed construction does not unduly impact on the surrounding area and ensure the site is safe for members of the public, implementing appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and making provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the 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.
Qualified Person
For the purpose of certifying that the design of the stormwater harvesting system is in accordance with the requirements of this decision notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
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, Stormwater, Earthworks & Landscaping
Development Permit for Building Works	All 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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice -30 September 2020.
Decision Notice - Minor – MCU13/0098.01 – amend condition 13, amend item 6 & 7

	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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