SUPERSEDED APPROVED Decision Notice MCU16/0098

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU16/0098 & OPW16/0183:
Your Reference:	N/A

18 November 2016

Building Suncoast Green
6 Lorraine Ave
MARCOOLA  QLD  4564

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 17 November 2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU16/0098 & OPW16/0183
Street Address:	21 Venture Drive, Noosaville
Real Property Description:	Lot 9 SP 216079
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary dwelling unit
Development Permit for Operational Works for Stormwater, Landscaping, Excavation/Fill and Access
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE – MCU16/0098
PLANNING
When Conditions must be Complied With
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 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.	Rev.	Plan/Document Name	Date
Sheet 01 of 11	Q	Site/Floor Plan, prepared by Building Suncoast Green	11.09.16
Sheet 02 of 11	Q	Mezzanine Floor Plan, prepared by Building Suncoast Green	11.09.16
Sheet 03 of 11	Q	Elevations, prepared by Building Suncoast Green	11.09.16
Sheet 04 of 11	Q	Café Layout, prepared by Building Suncoast Green	11.09.16
Sheet 05 of 11	Q	Section, prepared by Building Suncoast Green	11.09.16
Sheet 10 of 11	Q	3D View, prepared by Building Suncoast Green	11.09.16
Nature and Extent of Approved Use
The Industrial Business Type 2 may operate 24 hours.
The Entertainment and Dining Business must not operate outside the hours of 6am to 10pm.
The outdoor dining area must not exceed 20m2.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20% of the gross floor area.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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.
Building Design
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
ENGINEERING
A minimum of 18 car parking spaces and 4 motor cycle spaces must be provided on the site which includes 1 disabled space. One loading bay in addition to the 18 car spaces as indicated on the approved plans.
Eight (8) bicycle parking spaces must be provided on-site.
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.
Any awnings and/or other structures in close proximity to the proposed loading zone must be designed to ensure no obstruction or impact on the functioning and the use of the loading zone.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site generally in accordance with the approved engineering plans causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
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.
ENVIRONMENTAL HEALTH
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. must be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR (Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council and be performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc ), a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
a Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
Waste Disposal
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”. 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. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
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.
OPERATIONAL WORKS - OPW16/0183
PLANNING
Approved Plans
Development undertaken in accordance with this operational works 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.	Rev.	Plan/Document Name	Date
C001 Job No: SC-5734	A	Drawing Index and Standard Notes,  prepared by Empire Engineering	18/08/2016
C020 Job No: SC-5734	A	Siteworks and Drainage Plan,  prepared by Empire Engineering	18/08/2016
C025 Job No: SC-5734	A	Siteworks and Drainage Sections and Details,  prepared by Empire Engineering	18/08/2016
C030 Job No: SC-5734	A	Pavement Plan,  prepared by Empire Engineering	18/08/2016
C040 Job No: SC-5734	A	Sign and Linemarking Plan,  prepared by Empire Engineering	18/08/2016
Sheet 07 of 09	Q	Part 1 Landscape Plan, prepared by Building Suncoast Green	11.09.16
Sheet 08 of 09	Q	Part 2 Landscape Plan, prepared by Building Suncoast Green	11.09.16
Sheet 09 of 09	Q	Landscape Details, prepared by Building Suncoast Green	11.09.16
LANDSCAPING WORKS
The low wall and screening trellis near the corner of Venture Drive and the unnamed Road must be setback in accordance with the approved Landscape Plans.
All landscape works must be constructed and undertaken generally in accordance with the approved plans and conditions detailed in this Decision Notice.
Turfed areas within the Venture Drive and the unnamed road reserves must:
Join smoothly and level with adjoining surfaces.
Be free of disease, pest, weeds, rock and debris.
Landscape works must:
Take all measures to prevent Fire Ants (or any stages of the fire ant life cycle) entering the work site.
Take all measures to prevent Myrtle Rust infection.
Not obstruct overland flow paths and must include adequate drainage to minimise ponding. Mulch or any floatable material must not be located in swales, overland flow paths or around grated drains.
Not encroach onto kerb and channel, footpaths, pedestrian or vehicular/ circulation areas.
Not restrict access to service meters.
Delineate all garden to grassed area interfaces with a hard edge.
Ensure sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure all weeds and debris are removed from planting areas prior to planting.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil / sediment contamination and is applied to ensure a minimum 100mm depth once settled.
Soil provided for landscaping must provide for the site specific vegetation performance objectives.
All landscape works must be completed prior to the commencement of use.
ENGINEERING
Prior to Commencement of Works
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart meeting*. The contact number to arrange a prestart meeting is 5329 6244. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Landscape works.
Erosion and sediment control works.
* (Refer to Advisory Note)
Copies of the approved plans, duly signed by the consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “prestart” meeting.
A detailed condition report including photographs of all frontages of the site must be completed and submitted to Council prior to the prestart meeting.
A condition report including photographs of all fences and retaining walls bordering the site and any buildings, structures, pathways, landscaping features etc on adjoining properties that could potentially be impacted on by the proposed earthworks and construction works must be completed and submitted to Council prior to the prestart meeting.
A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically include/address the following:
Traffic Management during all aspects of the construct 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 to be installed prior to construction.
Fencing to the work site during the construction phase to ensure the safety of the public and the road users.
Maintenance of safe pedestrians and cyclists access across the frontage of the site both during daily construction and after daily construction has ceased.
Sufficient parking arrangements for trucks, machineries and construction workers without adversely impacting on traffic flow and/or the availability of on-street parking in the local street.
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.
The proposed dates for the commencement and the completion of the works.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Establishment of a communication protocol with the adjoining owners and any other affected parties to advise of construction times, impacts on traffic and services and any other relevant issues.
Identification of communication and complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any alteration to existing services or conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines, particularly PSP 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Driveways
Driveway crossovers must be designed and constructed generally in accordance with the approved plans and in accordance with IPWEA standard drawing RS- 051 and must have levels and grades match the levels and the grades of the existing concrete footpath without posing trip hazard.
The following must be complied with during the construction of the required crossovers/driveways:
The driveway width must not exceed 6m at the front boundary line and 13m at the kerb line.
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete and must have a slip resistant surface.
The driveway must be constructed so as not to concentrate stormwater runoff or ponding onto other properties and/or the road verge.
For public safety, the finish levels of crossover must ensure smooth transition to existing surfaces such as the road grassed verge and existing concrete pathway.
Where applicable, underground service conduits for water supply, electricity and any other services must be provided as part of the access driveway works.
Have a minimum clearance of 1.0m from any existing power poles, streetlights or other signage.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/Telstra and submitted to Council.
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards and be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard and relevant sections of AS1428 Design for access and mobility.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve and Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Where required, any reinstated road pavement must be in accordance with IPWEA standard drawing RS-170 with road pavement resurfacing to consist of a minimum depth of 50mm of an approved hot mixed asphaltic concrete.
Earthworks
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Stormwater Drainage
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties including road and public footpath by blocking or interfering with overland flow path.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The applicant must ensure non essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions and effectively turf or stabilise any cleared area without delay and prior to rainfall occurring.
The applicant must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
Any damage caused to existing services, streetscape and assets (including kerb and footpath) as a result of the development works must be repaired at no cost to the asset owner at the following times:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work and prior to the final inspection a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and applicable engineering standards.
A final inspection and approval of the completed works by Council’s Inspector is required.  Please contact Council on 5329 6244 to arrange for the inspection
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:
PLANNING
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
ENGINEERING
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Amendments to plans, in accordance to the relevant conditions, and/or any requested changes to the conditions of this decision notice must be made within the appeal period or the suspended/extended appeal period. Alternatively, an application for “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made along with Council’s applicable fees.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the completion of the works:
Methods of stabilisation are:
i.	appropriate for slopes and slope lengths; and
ii.	are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of the completion of the works, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability, Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
Evidence that the site has been effectively stabilised in the short term;
Evidence that soil has been adequately ameliorated;
Evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
That grass seed has germinated at a density that is likely to achieve an effective grass cover.
ENVIRONMENTAL HEALTH
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit.
A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.  Environmental harm is defined as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.
Persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
The development must not cause any interference with the environment or amenity of the area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants 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 under the Act apply for such offences.
Noise – Building Works
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays
Food Business Licence Approval - Food Act 2006
The following is required for the manufacture of chocolate and the operation of the cafe:
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food Business License from council’s Environmental Health Section prior to use of those premises.
Licence category will be “Multiple Food Preparation Area” if same applicant/licencee for the manufacturing and café application,  OR separate applications for “Manufacturer MEDIUM” and “Eating Establishment” will be required where there are different applicants/licencees for the food business categories.
Plan drawings and an application(s) for a Food Business Licence is to be made to council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
Plans and approval is required for any mechanical exhaust ventilation system, which must comply with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings”.  Certificates must be provided certifying the system (Form 15 & 16) complies with the Standard and be lodged with council prior to commencement of trade.
Certification by a suitably qualified person* that the plan design and/or installation and operation of the mechanical exhaust ventilation system, complies with AS1668 and the requirements of this Decision Notice must be submitted to council.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation.
Horizontal hot air discharge from the mechanical exhaust ventilation system in the direction of neighboring properties and/or the street precincts is not desirable and may constitute an environmental nuisance under the Environmental Protection Act 1994.
Toilets for customers and staff to be provided in accordance with the Building Code of Australia.  Design advice is to be obtained from a building certifier on numbers and standards, including disabled access.
Rainwater/Detention Tanks
Any rainwater tanks/detention tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works - ( All Building Works)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
No properly made submissions were received about this application.
reasons/grounds for approval
The Assessment Manager considers that the café is ancillary and complementary to the primary industrial use on-site and will not cause any reverse amenity issues and therefore is sufficient grounds to justify the decision despite the conflict with the Planning Scheme.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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