Council archive · source document
Permissible Change Decision Notice Approval or App in Part - 010.2006.00001168.002 [As Published] · 132006.1168.02
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2006/1168
Your Reference:
29 October 2010
Sunshine Coast Regional Council - Tewantin Office
CARE AMPM
PO Box 7081
SIPPY DOWNS QLD 4556
Dear Sir/Madam
Change to Existing Approval
Sustainable Planning Act 2009
I refer to your request dated 17 May 2010 to make a permissible change to an existing approval
granted on 21 December 2006. On 26 October 2010, Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 2006/1168
Street address: Cooyar Street NOOSA HEADS
Real property description: Lot 1 SP177650, Lot 1 SP215952
Planning Scheme: Superseded Planning Scheme (Schedule to the Planning
Scheme & Strategic Plan 1997)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Sport & Recreation (Cricket oval, practice nets,
criterium circuit & club house) assessable under the Superseded Planning Scheme
In relation to the request to make a change to the existing approval, Council on 26 October 2010
decided to:
A. Approve a change to conditions 1, 3.8, 14, 15, 27, 29, 33, 34, 35, 37, 38, 54 and 55 and
Item 10
B. Delete Conditions 3.12, 36 and Advisory Note 8.
C. Refuse to delete Condition 26.
D. Include additional Conditions 56, 57 & 58
E. Issue a Change to Existing Approval
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
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4. CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
amended by these conditions and annotations.
Plan / Document No. Issue. Plan / Document Name Date
12106 – C004 A Site Layout – GHD Transport and 18 June 2010
Engineering Services
J303B – ESK01 P2 Preliminary Sports Field Lighting – Webb 07 May 2010
Australia Lighting Consultants
6189/SK01 C Landscape Concept Plan - Blackburne 22 April 2010
Jackson Design
6189/SK02 A Preliminary Plant Palettes - Blackburne 1 April 2010
Jackson Design
09486 SSC – SK100 - Proposed Clubhouse – Floor Plan – Upper 27 April 2010
Level – Mode Design
09486 SSC – SK101 - Proposed Clubhouse – Floor Plan – Lower 27 April 2010
Level – Mode Design
09486 SSC – SK200 - Proposed Clubhouse – Elevations – Mode 27 April 2010
Design
12106 – C007 4a Bioretention Pond and Infiltration Swale 24 July 2010
Setout Plan - GHD Transport and
Engineering Services
12106 – C009 4a Site Frontage Bund Set Out - GHD 24 July 2010
Transport and Engineering Services
12106 – C010 4a Carpark Setout Plan - GHD Transport and 24 July 2010
Engineering Services
12106 – C015 4a Carpark / Earthworks Setout Table - GHD 24 July 2010
Transport and Engineering Services
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to
the premises being occupied and maintained at all times thereafter.
In particular the following requirements shall be included in the landscape plan for the
development area:
3.1. native buffer screen landscaping shall be provided along the Eenie Creek Road
frontage of the development area, and shall effectively screen the development from
Eenie Creek Road. It is envisaged this buffer shall be a minimum of 10 m wide, and
that the screen planting for the western oval may be located within the road reserve if
necessary;
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2006/1168
3.2. the northern most existing bluegum tree (or the two northern most trees if possible) shall
be retained in the final design of the development, unless otherwise approved by
Manager Land Use;
3.3. remaining open space areas within the proposed development part of the site shall be
landscaped with endemic plants where no conflict occurs with the proposed sporting
activities;
3.4. the periphery of the developed part of the site shall be cleared of weeds, and existing
native plants reinforced with further plantings of endemic species to create a
sustainable ecosystem;
3.5. the entire area shall be stabilised with grasses and vegetation to obtain 80% ground
cover per square metre within 45 days of the completion of earthworks;
3.6. landscaping shall incorporate a minimum of 100 shade trees throughout the site in safe
locations for cyclists.
3.7. the western existing vegetation core wildlife corridor shall be planted with endemic koala
food trees and other necessary species to reinforce the local sustainable ecosystem in
consultation with the Manager Land Use.
3.8. The north eastern frontage of the site shall be bunded and landscaped as a visual buffer
to the carpark in accordance with drawing Numbers. C009, drawn by GHD Transport
and Engineering Services and dated 24 July 2010 and 6189/SK01 – C drawn by
Blackburne Jackson Design and dated 22 April 2010.
3.9. the batters to the criterium circuit shall be revegetated and stabilised with suitable native
shrubs, native grasses or other suitable grass, and endemic trees where safety
requirements permit.
3.10. suitable native buffer plantings (min 1m high) shall be planted as close as practical to
the criterium track where it traverses the road reserve to assist in preventing public
access to the track, and provide a safe environment for competition cyclists.
3.11. non - potable recycled water shall be utilised for irrigation purposes.
3.12. Deleted.
4. All fencing to the Eenie Creek Road property boundary shall be coloured green or black and
screened by native vegetation.
5. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to construction and building operations or the conduct of the approved use.
These landscape plans required to be submitted are to denote areas of existing vegetation or
existing trees proposed or required to be retained.
6. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
6.1 Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
6.2 The Applicant is advised that burning off is an unacceptable method of disposal.
7. Any advertising sign or device is to comply with Council's policies on advertising.
8. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
9. Secure bicycle racks shall be provided on site to accommodate a minimum of 12 bicycles.
The proposed bicycle racks shall be identified on the landscaping plans and shall be located to
the reasonable satisfaction of the Manager, Land Use.
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10. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water
Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and
Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Dishwashers and washing machines are excluded from this requirement.
11. The section of the criterium track located within the Eenie Creek Road reserve shall not have
any permanent fence installed within the road reserve for the sole purpose of preventing public
access; and the road reserve shall remain available for any future road duplication
requirements as considered necessary by Council.
12. Adequate safety strategies shall be put in place for the part of the track located within the road
reserve when the criterium track is utilized for competition.
13. The requirements of this development approval are to be effected, prior to the use of the
premises.
14. Prior to the commencement of development for the clubhouse and field lighting, a
Development Permit for Building Works must be obtained.
15. The Development Permit for a material change of use of premises lapses if the use has not
happened by 21 December 2012 unless an application to extend the currency is approved by
Council.
Land Development
Vehicle Access
16. A vehicular access road to the site shall be constructed from the Eenie Creek Road/Langura
Street roundabout generally in accordance with proposal plan 0513-05A dated 28 February
2006 and prepared by Callaghan & Toth.
17. All vehicles shall enter and leave the site in a forward direction.
Carparking
Off Street
18. Carparking shall be provided within the site as shown on drawing number 0513-05A dated 28
February 2006 by Callaghan & Toth, except as modified herein.
19. A minimum of 100 uncovered carpark spaces shall be provided on site, including 3 clearly
defined disabled carpark spaces.
20. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with
a minimum head clearance (headroom) at any point of 2.2m.
21. The proposed set down area, bus stops and water truck refilling stop shall be line-marked with
chevrons and have appropriate words painted on the pavement. A sign shall also be provided
to indicate that the areas are for “Set Down Areas”, “Bus Stops” and Water Truck Stop”
respectively, and that “No Parking is Permitted”.
22. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
23. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Eenie Creek Road frontage of the site in accordance with Planning Scheme Policy PSP1
Landscaping Guidelines. Grass shall be couch, free of weeds.
24. A new full width concrete or paved path shall be constructed along the Eenie Creek Road
frontage of the site in accordance with Council’s design standards. Care shall be taken to
protect any existing vegetation and/or any underground services.
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Stormwater Drainage
25. Roof runoff from the new building shall be directed to a rainwater storage system or tank
2
(minimum storage 12 litres/m of roof area) that is installed to ensure water from the tank can
be 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 approval and any overflow
shall be directed to the proposed stormwater system.
26. As the site is proposed to be filled, appropriate stormwater drainage pipes shall be installed
within the site to collect and discharge stormwater runoff from all adjoining properties to
prevent additional ponding/flooding on these properties.
27. Stormwater runoff from pervious areas of the site must be directed to bioretention basins and
infiltration systems designed in accordance with the requirements of The Girraween
nd
Stormwater Management Plan Version 2, 22 December 2006 by Ecological Engineering and
generally in accordance with Drawing 12106 C007 by GHD dated 24 July 2010 except as
modified herein and including the annotations marked on the stamped approved drawing,
including:
a. Rock scour protection must be provided at the outlet of all stormwater pipes and is to
comply with the requirements of Appendix A of the publication “Stormwater Outlets in
Parks and Waterways” by Brisbane City Council, 2003.
b. The bioretention basin must be landscaped at a density of 8 plants per square meter.
The planting pallet must consist of at lease three species pursuant to Appendix A of
WSUD Technical Design Guidelines and The Noosa Plan - Planning Scheme Policy 3
Landscaping Plants and Guidelines.
c. The ramp access to the bioretention basin must be relocated to an alternative location
so that the floor of the bioretention basin can be accessed by a Pozi Track for
maintenance. The relocated access ramp must be all weather access and not reduce
the size of the footprint of the floor of the bioretention basin to what is shown on
Drawing 12106 C007 by GHD dated 24 July 2010.
d. The filter material and landscaping of the bioretention system must be undertaken
following completion of construction of all areas that drain to the bioretention basin.
e. Soils within the infiltration swale must have a minimum hydraulic conductivity of
1000mm/hr.
f. Bioretention signoff forms contained in the Water By Design Construction and
Establishment Guidelines for Swales, Bioretention Systems and Wetlands must be
completed and signed off by the registered Professional Engineer supervising
construction of the system.
27.1 An inground stormwater infiltration device or 0% grade infiltration swale sized and
certified by an RPEQ and vegetated with dunal vegetation must be provided at the
outlet of the stormwater system located between the junior and senior soccer field as
shown on Drawing 12106 C004 by GHD dated 24 July 2010.
27.2 A landscape buffer with a minimum width of 5m must be planted between the grassed
areas of the site and adjoining retained native vegetation. Plant spacing’s within this
landscaped buffer must be as follows:
Trees 2m apart
Larger shrubs 1m apart
Groundcovers 0.5 - 1m apart
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The landscape buffer planted between the grassed areas of the site and adjoining
retained native vegetation must be a mixture of the following species:
Endiandra sieberi
Eleocarpus reticulates
Peralostigma pubescens
Lophostemon confertus
Corymbia intermedia
Allocasuarina sp.
Myoporum acuminatum
Lomandra longifolia
Dianella congesta
27.3 The maintenance regime for the bioretention basin must be specified in the Operational
Environmental Management Plan approved for the site as required by this approval and
include as a minimum:
27.3.1 An appropriately qualified soil scientist must undertake the following tests of the
filter material within the Bioretention basins and raingardens once every 5
years:
Orthophosphate (PO43-) Content; and
Total Phosphorous; and
Total Nitrogen Content; and
Hydroconductivity testing in accordance with the FAWB method as
detailed in the Water by Design Construction and Establishment
Guidelines.
27.3.2 In the event whereby non compliance with one or more of the following filter
media criteria, a retest of the soils must be undertaken to verify the results. If
there is still a non- compliance a Corrective Action must be instigated to replace
the Bioretention basin filter media and drainage layers. Replacement of filter
material and drainage layers must occur within one year of a non-compliant test
result and ensure that all elements of the Bioretention basin and / or
raingardens are replaced in accordance with this and the associated
landscaping approval.
27.3.3 Soil filter material must comply with the following criteria at all times:
Soil Orthophosphate (PO43-) Content of the filter material must remain
less than 80mg/kg.
Total Phosphorous Content of the filter material must remain less than
100mg/Kg.
Total Nitrogen Content of the filter material must remain less than
1000mg/kg
Hydro conductivity must not be less than 120mm/hr or more than
280mm/hr.
27.4 Fertilisation of the site must occur in accordance with the following requirements:
The use of Sulphur coated fertilisers on the site are prohibited.
No more than 3 fertilising events are permitted to occur per 12 month period.
Fertilising events must be scheduled to occur within low rainfall periods.
A soil test must be undertaken by an appropriately qualified and experienced
person prior to each fertilising event to identify the minimum base elements
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input requirements for upkeep of the grass on the sports fields. Only the
minimum fertiliser concentration rate recommended by the soil test is permitted
to be applied to the sports fields.
Records of all soils test results and receipts of all fertiliser imported to the site
must be maintained.
28. All site stormwater drainage shall be by means of a gravity system.
29. All stormwater drainage lines including inter-allotment drainage shall be inspected by closed
circuit television (CCTV) prior to commencement of the approved use. CCTV inspection will be
carried out by Council's CCTV contractor and arranged by Council following satisfactory
completion of construction works. The developer will be responsible for the full cost of CCTV
inspection, including any additional inspection necessary following defect identification and
rectification..
Sewer Mains
30. 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.
31. The proposed package sewerage pumping station shall have emergency storage tanks with a
capacity of 24 hour storage to minimise risk of spillage to Burgess Creek.
Town Water Supply
32. 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.
Earthworks
33. 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 natural watercourses.
Acid Sulfate Soils
34. As the site is located below the 20m AHD and above the 5m AHD, any excavation works
3
consisting of 100m or greater which extends below 5m AHD will need to be carried out in
accordance with State Planning Policy 2/02 Planning and Managing Development Involving
Acid Sulfate Soils
Erosion and Sediment Control
35. Any person acting on this permit shall prevent erosion and sediment from leaving the site.
During the construction phase of the development, erosion and sediment control measures
are required to be installed and maintained such that Prescribed Water Contaminants (as
defined in the Environmental Protection Act 1994) are not released from the site, or likely to be
released should rainfall occur, unless all reasonable and practicable measures are taken to
prevent or minimise the release and level of contamination.
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. 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.
General
36. Deleted.
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37. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure. In this regard a
DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted.
38. Digital detailed design drawings and calculations shall be submitted in respect of roadworks
and stormwater drainage works. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the plans.
39. 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).
40. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
41. 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.
42. 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.
43. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and
type of all services and structures. All of which shall be submitted to Council for checking and
for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in
the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
Environmental Health
44. The developer must provide waste storage and disposal facilities in accordance with Planning
Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, including an external imperviously paved area correctly sized for all refuse and
recycling containers and suitably screened from public places and neighbouring properties. A
bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer. The
drain outlet is to be designed to prevent storm water entry to the sewerage system and this
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or
alternatively the waste area can be roofed, or any other design approved by Council.
45. All bin wash areas in excess of 700mm Square are to be roofed and the floor is to fall to a
bucket trap with the waste pre-treated by a grease arrestor prior to discharge to the sewer.
The appropriate backflow prevention devices are to be installed at the bin wash area. Bunding
set above 75mm is required to exclude excessive rain-water entering these areas.
46. A Trade Waste Application must be submitted prior to the issue of a Development Permit for
Building Works.
47. Full truck access is to be provided to each grease arrestor and/or pre-treatment device for
cleaning and servicing. Where access is restricted, a pump out line is required.
48. A completed Trade Waste application together with an applicable fee and two (2) sets of
professionally drawn plans showing the Trade Waste requirements in accordance with the
Noosa Trade Waste Policy are to be submitted to Council.
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49. The property owner will be responsible for any cost incurred by an approved Cleaning
Contractor relating to the cleaning, servicing and contents removal from the grease arrestor,
where access to the arrestor is impaired or delayed.
50. The Trade Waste application fee of ($105.00) is required at the time of the application.
51. Trade Waste requirements are required to be in place, inspected and approved prior to the
commencement of trading or operation. The appropriate Trade Waste Permits will be issued
following approval at final inspection.
52. A place of food preparation and/or cooking is to have the liquid waste connected to a Trade
Waste line, that discharges to an approved grease arrestor of a size determined by Council’s
Trade Waste Policy.
53. All liquid waste produced by the commercial section of the development is “Trade Waste” and
is to be treated as required under the Noosa Trade Waste Policy prior to release to the sewer.
Environmental Services
54. Construction activities must be undertaken pursuant to The Sunshine Coast Regional Council
Girraween Sports Precinct Environmental Management Plan (Construction) by GHD dated
July 2010.
An Operational Phase Environmental Management Plan (OEMP) must be prepared to guide
management of the site to protect and enhance environmental values of the site and
surrounding lands during the Operational Phase of development. The OEMP must be
approved by the Co-ordinator for Environment and Landscape and Co-Ordinator Hydraulics
and Water Quality prior to commencement of use.
The development must be operated pursuant to the approved Operational Phase
Environmental Management Plan
55. The Operational Phase Environmental Management Plan (OEMP) must address the following
issues in relation to operational phases of the development:
a. Legislative compliance;
b. Flora and fauna protection including;
i. ongoing protection of area to the south east of the site containing populations of
native plants, Macarthuria complanata, and scheduled “Rare” under the Nature
Conservation Act 1992; and
ii. effects of light spill on fauna within the adjoining Giraween National Park.
c. Weed & pest control;
d. Water quality protection; including ongoing maintenance of water quality treatment
structures and maintenance of their outlets;
e. Groundwater quality and quantity protection;
f. Litter and Waste management;
g. Amenity (visual, noise, etc) management; and
h. Bushfire control, including the need for any buffers being located within the
development footprint and not encroaching into the adjoining vegetation.
The OEMP must include Performance Objectives, Management Strategy (including relevant
conditions specified herein), Monitoring Requirements and an annual review of the
Management Strategy (to ensure Performance Objectives are achieved). This OEMP must be
submitted by the applicant for approval by the Co-ordinator for Environment and Landscape
and Co-Ordinator Hydraulics and Water Quality prior to commencement of use
56. The lights shall not be used between the times specified below:-
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(i) 10:30 pm to sunrise, Monday to Thursday; and
(ii) 12.00 midnight to sunrise, Friday to Sunday.
57. The night lighting is required to comply with Australian Standard 4282 1997 “Control of the
obtrusive effects of outdoor lighting”.
58. The lighting towers shall be finished in colours that blend in visually into the landscape. To this
end, the applicant shall provide Council with details as to the colour of the tower, prior to the
issue of a Building Works Approval.
5. REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Site contains mapped Concurrence Department of Natural PO Box 383, Gympie
vegetation Agency Resources & Water Qld 45470
A copy of any referral agency responses is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following tables:
Plan / Document No. Issue. Plan / Document Name Date
12106 – C004 A Site Layout – GHD Transport and Engineering 18 June 2010
Services
J303B – ESK01 P2 Preliminary Sports Field Lighting – Webb 07 May 2010
Australia Lighting Consultants
6189/SK01 C Landscape Concept Plan - Blackburne 22 April 2010
Jackson Design
6189/SK02 A Preliminary Plant Palettes - Blackburne 1 April 2010
Jackson Design
09486 SSC – SK100 - Proposed Clubhouse – Floor Plan – Upper 27 April 2010
Level – Mode Design
09486 SSC – SK101 - Proposed Clubhouse – Floor Plan – Lower 27 April 2010
Level – Mode Design
09486 SSC – SK200 - Proposed Clubhouse – Elevations – Mode 27 April 2010
Design
12106 – C007 4a Bioretention Pond and Infiltration Swale Setout 24 July 2010
Plan - GHD Transport and Engineering
Services
12106 – C009 4a Site Frontage Bund Set Out - GHD Transport 24 July 2010
and Engineering Services
12106 – C010 4a Carpark Setout Plan - GHD Transport and 24 July 2010
Engineering Services
12106 – C015 4a Carpark / Earthworks Setout Table - GHD 24 July 2010
Transport and Engineering Services
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7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The payment of the following Infrastructure Charge and contribution amounts as at
September 2006 have not been applied because the proposed use is a community use, as
Council is the applicant.
Council’s Coastal Major Road Network Infrastructure Charges Plan $ 36,018
Council’s Planning Scheme Policy PSP24
$ 740
Park Requirements for Development Applications
Council’s Planning Scheme Policy PSP41
$ 748
Pathway Trunk Network Contributions
2. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
3. Where any food premises is included in a development, the following is required:
3.1 Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
3.2 A statement indicating the purpose of the food premises, type of food sold, proposed
menu and number of persons to be served per hour, is to accompany the application for
plan approval.
3.3 Construction and use of the food premises should comply with Council’s Food Premises
Policy and the Food Safety Standards. (Both available from Council)
3.4 Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards, including
disable access.
3.5 Plans and approval is required for any mechanical exhaust ventilation system, which
should comply with AS1668. A certificate from the installer certifying the system
complies with the Standard must be obtained and lodged with Council prior to
commencement of trade.
3.6 Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food License from Council, prior to use of those premises.
4. 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.
5. Noise from building works associated with commercial and or industrial development should
comply with the following –
5.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
5.2 All reasonable measures are taken to minimise noise emissions.
5.3 Not permitted on Sunday or public holidays.
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6. 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.
7. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disability Discrimination Act (DDA) in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of
sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.
8. Deleted.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a) The Disability Discrimination Act 1992 (Commonwealth)
(b) Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a) The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
1428.2
(b) Applicants should be aware that a “Disability Standard on Access to premises” is currently
being developed and most likely will impose changes on the Building Code of Australia
(c) Any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
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.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not applicable.
Page 12 of 19
Page 13
2006/1168
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All building works
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 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.
15 OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council offices.
DECISION NOTICE HISTORY
21 December 2006 Original Decision Notice
26 October 2010 Change to Existing Approval
Yours faithfully
Kerri Coyle
Coordinator Planning Applications - North
Enc: Appeal Rights
Approved Plans/Documents
cc: Administration Officer
Implementation and Support Unit
DERM
PO Box 15155
CITY EAST QLD 4002
Page 13 of 19
Page 14
Referral Agency Response
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
Page 14 of 19
Page 15
2006/1168 Page 15 of 19 [OCR of page images] 2006/1168 3. Submitted Plan 3.1. Title Site Plan’ 3.2. Date 28 February 2006 3.3. Author CALLAGHAN & TOTH Civil, Environmental & Hydraulic Engineers 3.4, Reference 0513-04 0513-04 4. Reasons A Statement of Reasons is attached at Schedule |. 5. Aboriginal Cultural Heritage Information Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in compliance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the Department’s website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants should also undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage NRW -— Referral) Agency Response — 2006/007951 Page 2 of 8 rage 1D 0119
Page 16
2006/1168 Page 16 of 19 [OCR of page images] 2006/1168 Coordination Unit, the NRW. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 323 83838 or on the Department’s website— www.nrm.gld.gov.au/cultural_heritage. 6. Attachment Schedule 1 — Statement of Reasons is attached to, and forms part of, this Referral Agency Response. 7. Authorised Officer Signature Andrew Collins Acting Senior Vegetation Management Officer South East Region 22 November 2006 NRW - Referral Agency Response — 2006/00795 1 Page 3 of 8 Page 16 of 19
Page 17
2006/1168 Page 17 of 19 [OCR of page images] 2006/1168 Department of Savitorment wad fesnercs Management Notice Assessment of request to change a development approval Tits setre dy nsves Sy the Cesetmert of Seetenmes end Sesove bivagemert sursuad 2 sector S72 of he Sastamahs Piareing Act 000 Chee Acts, Russell Tompson 36. Adara Mathews Poclect Maragemesi Pty Lt Jove Lewes == Fey oes te Sunshine Coast Reqerial Gourck Spoy Doar Coe cEoe Po Box i41 Tewardn Qed 4563 Request to change a development approval % The Cteet Seacuihe, Geparient of fwvccrenert anc Rescurce Managerert ERAG as SOMRETENCEe agency recehed a cay cf a wquest io change adevsicoment aera: on 19 Angust 2520. 2 Datalis of the development approvai for the original applicstion Ascecement Manager Gurstire Coast Regional Counce Assecement Manage: ref S008 63 Apsicaton Type: Vatelal charge of use AgHitaion Aree Lat 1 GPIPPESa agate: NOGKA CQUNCS 6+ Mattoo Corsuliaig Pty iat Sate origina’ application metered to ERA 21 Soy Soe SERA jorschior SOtCuREnS SgaTay for Me Surpasses of ie Vegetation Mahapement Act THO8. DERM seas reference: SEOREETIES Date of Secision for the ogra: acplicaios: 2: Geoerhe Se 2 DERM Reepones DERM hat re cbiection fs the change beng rade, as fhe change does ref soretwtih DERMGs reer spency reeponse tafad 2 Newenber 2005 wich sefacts DER M's assecemert against ihe purposes of he Vagetstion Management Ag $090. Acconingyy, the unchanged condiions witin DERA'S ‘efevtal sceccy feaponse coritus to apply to This development, Hagel 2s - Saati of bhetrerenet end Hewoston Maccrgesre et g Queensland Goversment Page 17 of 19
Page 18
2006/1168
Page 18 of 19
[OCR of page images]
2006/1168
Notice
Assessment of request to change a development approval
Delagate Enquiries:
re. Andrew Colas
LEM ae oe Senior Vegetation Management Crfoar
Andrew Cottina Oapartment of Environment and Rescue
Senior Vegetation Management Oticer aoe Street Gymple
Delegate, Chisf Executive adrenistering the vegetation a er ae
hie 5 LMS 383 Gymple © 457
nagement Act 1000 hone: S4805333
Cepartnent of Environment and Rescue Management Fac | 4805302
Sauth East Region Emvall: vegseqnorthigderm.cld.gov au
{4 September 2010
Page Ded 2+ andty ‘Cepartnciit od Biistionineit ond Reamuite Manageme
Page 18 of 19
Page 19
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).
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.
Page 19 of 19
Used in these records
Permissible Change Decision Notice Approval or App in Part - 010.2006.00001168.002 [As Published]Related documentApplication case desk ↗
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