Council archive · source document
07/2398 - SUPERSEDED Negotiated Decision Notice & copy sent to Referral Agencies [As Published] · 132007.2398
Officer: Tracy Jones
Direct Telephone: (07) 5449 5228
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2007/2398
Your Reference:
24 June 2010
RSL Care
CARE PlanTech Town Planners Pty Ltd
PO Box 228
ESK QLD 4312
Dear Sir
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On
23 June 2010 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/2398
Street address: 19 Trading Post Road COOROY, 4 Lamonts Road COOROY
Real property description: Lot 1 RP215922, Lot 2 RP165418
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 8 February 2010 decided to issue the following type of approval:-
Development Permit for Material Change of Use – Multiple Housing Type 3 - Retirement
& Special Needs
In relation to representations, Council decided to:
A. Agree to amend Conditions 2.2, 17, 18, 19, 23, 37 & 49
B. Amend Condition 33
C. Issue a Negotiated Decision Notice.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development, including staging of the development, shall be undertaken in accordance with
this approval and must generally comply with the approved plans of development. The
approved plans are titled and numbered: -
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2007/2398
Site Masterplan 0805-TP03 Revision B 1 November 2008
Schedule of Independent Living Units 0805-TP04 Revision B 1 November 2008
Masterplan Staging 0805-TP05 Revision B 1 November 2008
Village Community Centre – Plans & 0805-TP06 Revision B 9 March 2009
Elevations
Village Community Centre – Roof Plan - - -
Apartment Building – Floor Plans 0805-TP07 Revision B 1 November 2008
Apartment Building – Roof Plan - - -
Apartment Building – Elevations 0805-TP08 - June 2008
Aged Care Residence – Floor and Roof 0805-TP09 Revision B 9 March 2009
Plans
Aged Care Residence – Elevations 0805-TP10 Revision B 9 March 2009
External materials & colour palette 0805-TP11 - June 2008
Typical Sections 0805-TP13 - June 2008
Standard Aged Care Unit Type Z1-B Plan - - October 2007
& Elevations - Floor Plan (Hip Roof)
Standard Aged Care Unit Type Z1-B - - - October 2007
Elevations
Standard Aged Care Unit Type Z2-B - - 30 September 2008
Reversed Plan & Elevations – Floor Plan
(Hip Roof)
Standard Aged Care Unit Type Z2-B - - 30 September 2008
Reversed - Elevations (Skillion Roof)
Standard Aged Care Unit Type Z3-B Plan - - October 2007
& Elevations – Floor Plan (Hip Roof)
Standard Aged Care Unit Type Z3-B – - - October 2007
Elevations
Standard Aged Care Unit Duplex Type Z4- - - 30 September 2008
B Reversed Plan – Floor Plan (Hip Roof)
Standard Aged Care Unit Duplex Type Z4- - - 30 September 2008
B Reversed – Elevations (Gable & Hip
Roof)
Standard Aged Care Unit Duplex Type Z4- - - 30 September 2008
B Reversed – Elevations (Hip Roof)
prepared by Smith and Tracey Architects and as may be amended by these conditions.
General
2. Prior to the issue of a Development Permit for Operational Works, amended architectural plans
shall be submitted demonstrating a revised layout having regard to the conditional
requirements contained herein:-
2.1 A mix of independent living units and residential aged care, with a maximum of 179
independent living units and 120 aged care beds.
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2007/2398
2.2 A maximum of 8 building forms (single or duplex form) and driveway accesses shall be
provided to Trading Post Road.
2.3 Truncation at Elm and Pearsons Road for existing powerlines.
3. Security in the form of a cash bond or trading bank guarantee to the sum of $100,000 must be
submitted, to secure performance of all conditions of this approval, prior to the commencement
of Stage 1 of the development. 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.
4. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
5. 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.
6. The Development Permit for a material change of use of premises lapses if the use has not
commenced within 4 years of the date of this approval (8 February 2014) and the development
completed, including all works within 8 years of the date of this approval (8 February 2018).
Staging
7. The staging of the development shall be in accordance with the plan titled Masterplan Staging
0805-TP05 Revision B dated 1 November 2008 prepared by Smith and Tracey Architects.
The following works shall be undertaken and completed prior to the commencement of use of
Stage 1:-
7.1 All access, roadworks and frontage works including footpaths as required by conditions
of this approval;
7.2 Bus stop works as required by conditions of this approval;
7.3 Fencing, including all acoustic fencing as required by the approved Acoustic Report; to
all site boundaries;
7.4 Landscaping treatments to open space areas including the establishment and
rehabilitation of all detention basins, the establishment of landscaping buffers to site
boundaries and adjoining residential properties and street trees; and
7.5 Payment of relevant bonds as required by conditions of this approval.
Landscaping
8. A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or
Horticulturalist and shall be in accordance with Council’s Landscaping Code of The Noosa
Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The
Landscaping Plan shall be submitted and approved as part of an application for Operational
Works. The Landscaping Plan shall address landscaping treatments for the development
including internal streetscapes and open space areas, adjoining road network and properties.
The detailed Landscaping Plans shall identify and/or address the following:-
8.1 Street tree planting to Pearsons Road and Trading Post Road to allow good shade
canopy once fully mature;
8.2 Existing vegetation to be removed, with this vegetation clearly identified on site for
inspection by Council;
8.3 Existing vegetation to be retained and measures employed to ensure vegetation
retention;
8.4 Landscaping treatments to internal road network and between buildings;
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8.5 Landscaping treatments to open space areas, including any rehabilitation and planting
enhancement requirements around the drainage basins within the site;
8.6 Landscaping buffers and fencing to Elm Street, Pearsons Road, Trading Post Road and
Lamonts Road;
8.7 Landscape buffers and fencing to adjoining properties;
8.8 The location of pedestrian pathways and seating within the site and on the road reserve
adjoining the site.
Such landscaping is to be completed in accordance with the approved landscaping plan prior
to acceptance of the development on maintenance.
9. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use.
10. All underground services, drainage, footpaths, bike paths, roads and other site works shall be
located to minimise adverse impacts on retained vegetation, particularly their root systems.
Public Open Space
11. Communal recreational facilities shall be located a minimum of 15 metres from bedrooms of
Independent Living Units and Aged Care Residence.
12. Seating shall be provided in communal areas and along pedestrian pathways within the site.
Acoustics
13. The site is to be developed in accordance with the recommendations of the Acoustic Report as
prepared by ASK Consulting Engineers (Project 499IR0IVoI dated 12 March 2009 and the
addendum dated 20 March 2009), which include the use of minimum construction methods for
buildings and acoustic barriers along site boundaries.
14. The acoustic report shall be amended, where appropriate, to include additional measures
required to address potential road noise on habitable rooms and private open space areas
from haulage vehicles along Lamonts Road.
15. Where mechanical ventilation systems are to be used for the development, the most energy
efficient systems shall be installed.
16. On completion of the development, the developer is required to submit to Council a written
certification from an Acoustic Consultant confirming that the proposed noise barriers meet the
noise limits for each adjoining residence as outlined under the Acoustic Report for the subject
site.
Fencing
17. Fencing shall be erected on all boundaries of the site and shall have a minimum height of 1.5
metres Trading Post Road and Pearsons Road and 1.8 metres on all other boundaries with the
exception of those fences which are required to have a greater height for the purpose of
meeting acoustic requirements.
18. All fencing to road frontages of the site shall be setback a minimum of 1 metre with an average
of 2 metres and be screened with landscaping, with the exception of:-
18.1. Where open or transparent (ie. minimum 50%) fencing is provided to Pearsons, Trading
Post and Lamonts Road, fencing may be incorporated within a minimum 2 metre wide
landscape area and/or
18.2 Where fencing to Trading Post Road is provided in alignment with the front building
facades of the independent living units, a minimum 2 metre wide landscape area is to
be provided within the front building setback.
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Building Setbacks
19. All buildings shall be setback a minimum of 6 metres to Elm Street, Pearsons Road and
Lamonts Road. A minimum setback of 4.5 metres applies to Trading Post Road, providing
garages are setback a minimum of 5.5 metres.
20. All buildings shall be setback a minimum distance that is equivalent to half their building height
to adjoining properties, excluding to Lot 1 on RP 165418 where a minimum setback of 2
metres is required.
21. The distance between any part of any building shall be a minimum of 1.5 metres plus 0.5
metres for each storey of the building with the greatest number of storeys.
Built Form
22. Buildings shall be varied in their architectural style, construction materials, colours and finishes
with no more than four (4) adjoining or consecutive independent living units having the same
external colours, materials or finishes.
23. All buildings shall comprise eave overhangs of a minimum 600mm to 75% of the buildings,
with the exception of approved design types Z1-B, Z2-B and Z3-B (including reversed
designs), where no or limited eave overhangs are permitted to one side of the building.
24. Transformers, waste storage areas, etc shall be screened to reduce their visual intrusiveness.
Aged Care Residence
25. A maximum of 82 employees at anyone time are permitted to be engaged in the operation of
the aged care residence.
26. Employees and visitors of the aged care residence shall be encouraged to utilise the site’s
vehicular access from Lamonts Road.
Lot Amalgamation and Road Dedication
27. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act and the
Plan of Survey submitted for registration at the Land Titles Office. The Plan of Survey must
also include any land dedication required by this permit. Proof of title being issued for the
amalgamated lot shall be submitted to Council prior to the issue of the Development Permit for
Operational Works.
28. Prior to commencement of use the applicant shall dedicate road reserve truncation at the
intersection of Pearsons Road with Elm Street to ensure that the existing power lines crossing
this corner of the site be located within the road reserve. The new boundary line setback from
the power line shall be in accordance with ENERGEX’s requirements and adequate to
accommodate any proposed or future pathway at this corner of the site.
Vehicle Access, Roadworks and Frontage Works
29. All pathways and roadworks required by this approval including the works required by
Department of Main Roads (DMR) on Cooroy Connection Road (Elm Street) at its
intersections with Pearsons Road and Lamonts Road, and the roadworks required by Council
on Trading Post Road, Pearsons Road and Lamonts Road must be included in Stage 1 of the
development with the exception of roadworks relating to the site’s access from Lamonts Road
which must be carried out as part of the development of the aged care residence (whether or
not staged) or the commencement of works for the development of Stages 8 or 9, whichever
comes first .
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30. The applicant must design and construct kerb and channel along the western side of Pearsons
Road with any associated road widening and drainage works to achieve Local Road standard
for Urban area (8m Kerb to Kerb) in accordance with Council’s Planning Scheme Policy 5 -
Engineering Design Standards – Roads, Drainage and Earthworks. The existing kerb line at
the intersection of Pearsons Road and Elm Street must also be upgraded in accordance with
Department of Main Roads Standard to match the proposed new width and new kerb line of
Pearsons Road or as may be specified by Department of Main Roads in the operational works
approval. A Development Permit for Operational Works shall be required.
31. The applicant must construct a cul-de-sac head at the end of Trading Post Road in
accordance with Section 3.12 of Council’s Planning Scheme Policy 5 - Engineering Design
Standards – Roads, Drainage and Earthworks. A Development Permit for Operational Works
shall be required.
32. The applicant must design, construct and seal Lamonts Road from Elm Street to 10m beyond
the access to the development site in accordance with Council’s Planning Scheme Policy 5 -
Engineering Design Standards – Roads, Drainage and Earthworks with 7m wide seal and flush
kerb be provided on both sides of the seal. The intersection of Lamonts Road with Elm Street
must be designed in accordance with Department of Main Roads Standard or as may be
specified by Department of Main Roads in the operational works approval for this intersection.
Accesses to other properties shall be adjusted as necessary to match the new levels of
Lamonts Raod. A Development Permit for Operational Works shall be required.
33. The site shall have only three main (3) vehicular accesses to Council’s roads network including
a gated emergency vehicles access from Pearsons Road. There shall be no other vehicular
accesses from the site or from any unit within the site directly to Council’s roads (excluding 6
driveway crossovers to Trading Post Road).
34. The access crossings shall be designed and constructed to Council’s design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any step or level difference. All access driveways must
comply with AS/NZS 2890.1:2004 and AS 2890.2:2002. A Development Permit for Operational
Works shall be required.
35. Footpath improvements such as topsoiling, grassing, and tree planting are required to the all
road frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping
Plants & Guidelines. Grass shall be couch, free of weeds.
36. A new 2m wide concrete path shall be constructed along the Trading Post Road frontage of
the site in accordance with Council’s design standards and to an alignment that protects any
significant vegetation and underground services. The path shall extend around the cul-de-sac
and join to the existing path on the opposite side of Trading Post Road. A Development Permit
for Operational Works shall be required.
37. A new 2m wide concrete path shall be constructed along the Pearsons Road frontage of the
site and be extended along Elm Street to connect to the required bus stop on Elm Street. The
path shall be in accordance with Council’s design standards and to an alignment that protects
any significant vegetation and underground services. Two pedestrian accesses to the site
shall be provided along Pearsons Road frontage to provide connection between the internal
and external pathways. A development Permit for Operational Works shall be required.
38. A pedestrian refuge island shall be constructed on Pearsons Road near its intersection with
Elm Street to provide connection between the new pathway in Pearsons Road and the
pathway in Elm Street.
39. Pram ramps shall be installed at road intersections and wherever needed to direct pedestrians
across the road. All pram ramps must be constructed in accordance with Council’s design
standards.
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40. All paths, pram ramps, driveways and parking areas shall be designed and constructed to
ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish,
and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard
1428.1 Design for Access & Mobility.
41. Where applicable, all redundant vehicular crossings to the site shall be removed and replaced
by kerb and channel and footpath paving or landscaping in accordance with Council’s
Standard prior to the commencement of the use.
42. 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 shall comply with the
minimum sight line requirements as defined in AS/NZS 2890.1:2004, section 3.2.4.
Bus Stop
43. The applicant shall design and construct a bus stop on Elm Street to the frontage of Lot 135
MCH 978 (north of 156 Elm Street) at approximately 70m south of the centre line of Pearson
Road intersection. A Development Permit for Operational Works shall be required.
44. The proposed bus stop is to be “Indented” and be an “Intermediate Bus Stop” design
according to the TransLink Public Transport Infrastructure Manual shown on:
http://www.transinfo.qld.gov.au/qt/TransLin.nsf/index/ptim. The bus stop shall contain all
Mandatory and Preferred components as stated in Chapter 2 of the manual.
45. The design for the bus stop shall consider a Pedesrian Refuge Island and a coupled bus stop
(indented but unsheltered) on the opposite side of Elm Street for future construction.
46. The bus stop required on Elm Street must be included in Stage 1 of the development.
Internal Driveways and Parking
47. The internal roads shall be concrete or bitumen sealed driveway of a minimum width of 6m
for Primary Roads and 5.5m for Secondary roads and must comply with AS 2890.2-2002. A
Development Permit for Operational Works shall be required.
48. All parking areas and garages must be in compliance with the requirement of the current
Australian standards applicable to their use (AS/NZS 2890.1-2004 and/or AS 2890.2-2002)
with a minimum head clearance (headroom) at any point of 2.3m.
49. All vehicles shall enter and leave the site in a forward direction with the exception of vehicles
leaving driveway accesses of the duplex from independent living units fronting Trading Post
Road.
50. Carparking shall be provided within the site generally as shown on drawing titled Schedule of
Independent Living Units 0805-TP04 Revision B 1 November 2008, except as modified herein.
51. Carparking shall be provided at a minimum rate of 1 space per independent living unit for
resident parking and 1 space per 4 independent living units for visitor parking; and 1 space per
2 employees based on the maximum number of employees engaged at any one time at the
aged care residence and 1 space per 5 beds or occupants of the aged care residence.
52. A minimum of two clearly defined disabled car space shall be provided to service the aged
care residence and village community centre.
53. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
54. All carparking shall be kept maintained and line-marked in a condition fit for use.
55. An emergency parking bay shall be available at all times in front of the community village
centre and the aged care residence.
56. Parking shall be provided for boats, trailers and caravans etc.
57. Visitor car parking shall be conveniently located to all independent living units, village
community centre and the aged care residence.
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Earthworks
58. All excavation and filling works required on site must be carried out in accordance with
Council’s Planning Scheme Policy PSP5 – Engineering Design Standards. A Development
Permit for Operational Works shall be required.
59. Fill imported to the site may only be from a site licensed with The Environmental Protection
Agency or from a site for which a Development Permit for Operational Works has been issued
approving the export of fill.
60. A registered practicing Geotechnical Engineer shall test the existing ground conditions for
suitability of placing additional fill, prior to such fill being placed.
Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper
to the existing levels on the property. Batters shall be at a maximum grade of 1:4 unless
retained by an engineer-designed wall or approved retention method.
61. Following completion of the filling works and prior to endorsement of the Plan of Survey, the
registered practicing Geotechnical Engineer supervising the works shall submit compaction
tests across the entire filled areas and make recommendations if special foundations
requirements will apply.
62. Earthworks carried out on site must not adversely affect the drainage conditions on any other
properties or existing roads. Filling works required on site shall not cause additional ponding of
water on any adjoining lands or the blockage of, or interference with, any natural
watercourses. Detailed site surveys indicating natural surface levels and contours of the
affected properties (eg Lot1 RP165418) must be provided with the application for a
Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design storm
with an Average Recurrence Interval of 1 in 100 years.
Vegetation Protection & Preservation
63. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement shall
be constructed so as not to damage the tree or their root system and in this regard temporary
fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit for
Operational Works.
64. Where retained trees are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling works
will need to incorporate terracing around the tree or a similar means of ensuring that the
natural ground level around the trees remains generally the same as existing. These
measures shall clearly be shown on the plans submitted for Operational Works approval and
any drainage required to drain these areas shall also be shown on the plans.
Stormwater Drainage
65. A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare
engineering drawings and specifications for stormwater designs and shall be submitted in
conjunction with an application for a Development Permit for Operational Works.
66. Peak discharges of stormwater shall be managed in accordance with the Concept Stormwater
Management Plan for Cooroy Retirement Village Trading Post Road, Cooroy prepared by
Brown Consulting dated June 2008 and any subsequent amendments approved by Council.
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67. Stormwater pipelines within the site shall cater for 1 in 10 Years storm event and secondary
flowpaths shall be provided within the site to cater for 100 years storm event.
68. The development must not adversely impact on the existing drainage conditions on other
properties including not depriving dams on other properties of their natural stormwater runoff.
69. The applicant shall revise the Concept Stormwater Management Plan for Cooroy Retirement
Village Trading Post Road, Cooroy prepared by Brown Consulting dated June 2008 to detail a
stormwater treatment train that can achieve Load Reduction Targets for Total Suspended
Solids, Total Phosphorous and Total Nitrogen in accordance with the Healthy Waterways
Water Sensitive Urban Design – Technical Guidelines for South East Queensland (2006). This
revised stormwater treatment train for the site shall ensure that nutrients can be adequately
treated prior to release off site. The revised Concept Stormwater Management Plan shall
specify water quality objectives for stormwater prior to it leaving the site to ensure the
modelled outcomes are achieved. All stormwater runoff treatment must be undertaken within
the development areas of the site.
The applicant shall submit an amended plan for Council approval prior to a Development
Permit for Operational Works being issued.
70. Stormwater Quality Improvement Devices as detailed within the Concept Stormwater
Management Plan for Cooroy Retirement Village Trading Post Road, Cooroy prepared by
Brown Consulting dated June 2008 and any updates approved by Council shall be installed
within the development to ensure compliance with the designated water quality objectives are
achieved. Stormwater likely to contain grease and oil (i.e. from carparking areas) shall be
managed via grease and oil arrestors prior to treatment within bioretention basins and
wetlands.
71. Wetlands and bioretention basins shall be designed and constructed in accordance with
Healthy Waterways Water by Design Construction and Establishment Guidelines: Swales,
Bioretention Systems and Wetlands February 2009.
72. A Stormwater Monitoring and Maintenance Plan (SMMP) shall be prepared ensure stormwater
treatment infrastructure is performing its intended purpose. The SMMP shall be approved by
the Council’s CEO or delegated officer prior to issue of any Operational Works Approval. The
SMMP shall specify:
72.1 performance indicators including water quality objectives;
72.2 monitoring schedule to ensure specified performance indicators are achieved;
72.3 maintenance schedule for all elements of the stormwater treatment train;
72.4 reporting requirements;
72.5 corrective actions for non compliance with performance indicators; and
72.6 responsibility framework.
Sewer Mains
73. The site must be connected to Council's existing sewerage reticulation system by gravity, and be
constructed in accordance with Council's standards and requirements at no cost to Council.
74. The sewer connection shall be generally in accordance with the Sewerage Layout Plan
Drawing No N07058-DA10 Issue E dated 22/01/09 and the Proposed Sewer Details N07058-
DA20 Issue (A) dated 22/01/2009 by Brown Consulting. A Development Permit for
Operational Works is required.
75. A new sewer connection must be provided within the property boundary of Lot 4 RP 215922.
76. The applicant must provide written approval from all property owners through which external
sewers will traverse, to enter, construct and provide a sewer easement. This must be submitted
prior to the associated development application for Operational Works.
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Water Supply
77. The site must 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.
78. Works be carried out in accordance with the approved findings of the water supply network
analysis by Worley Parsons and dated 10 June 2008
79. The existing 100mm diameter watermain within Pearson Road must be upgraded between the
existing 150mm diameter main in Carruthers Court to the existing 150mm diameter main to the
North in Pearsons Road
80. The water connection to the water reticulation system shall extend to the property boundary and
be metered. All fees for the supply of water meters shall be paid to the Council
81. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall
be served by:
81.1 Single Body Corporate water meter to measure the total water consumption (including fire
hose reels, but excluding fire hydrants and fire sprinkler systems)
81.2 Individual water meters to each tenement capable of being separately rated. These meters
must be supplied and installed in accordance with Councils requirements
81.3 All water meters must be located in an easily assessable location to facilitate
unhindered reading by Council and/or Council’s contracted water meter readers, and
not behind fences or locked gates
81.4 A fire service (fully testable single detector check with metered bypass), where applicable,
for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels)
82. Fire hydrants are to be provided throughout the development in accordance with Council
Engineering Design Standards and in accordance with Queensland Fire Service Standards.
Service Easements
83. A registered easement shall be created over the zone of influence of the proposed sewer
mains within the subject site and on the adjoining property Lot 4 RP 215622. The easements
shall generally be parallel to and centred over the sewer main and be equivalent in width to
twice the depth to invert level of the sewer at the deepest point (measured from the finished
surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall
accurately locate all sewer mains and determine the necessary width of the easement, which
shall be shown on any plans submitted for Operational Works / Building Works approval. To
this extent the surveyor shall certify that the sewer and the zone of influence is wholly
contained within the easement to be created. The applicant must be pay all costs associated
with the acquisition and the registration of easement/s.
84. The Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that
the Title Deed and the easement documents will be lodged at the Land Titles Office and any
additional Titles Office forms or requisitions requiring the consent of Council will be attended to
promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Power Supply
85. An underground electricity service shall be provided to the site if not already provided.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction
with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their
approval submitted to Council in conjunction with a “Certificate of Electricity Supply for
Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant)
prior to Council endorsing the Plan of Survey.
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Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall
be wholly at the applicant’s expense and shall not entail a financial encumbrance on future
purchasers of the proposed lots.
86. The requirements of ENERGEX shall be satisfied in relation to any existing services traverse
the site. Written confirmation by ENERGEX that satisfactory arrangements have been made to
formalise any required easements and/or existing informal services shall be submitted prior to
Council endorsing the Plan of Survey.
87. Streets lighting and pathways lighting throughout the development site must be provided in
accordance with Australian Standards.
88. Street lighting shall be provided along Pearsons Road frontage of the site in accordance with
Australian standards.
Telecommunication
89. The requirements for TELECOMMUNICATION services shall be satisfied in relation to the
provision of new telephone services to the developed site. In this regard written confirmation
from an approved telecommunication agency shall be submitted to the Council prior to Council
endorsing the Plan of Survey.
Erosion and Sediment Control
90. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to
be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Contributions Towards Council Infrastructure
91. Monetary contributions shall be paid to Sunshine Coast Regional Council towards the cost of
providing and/or upgrading various infrastructure at the rates applicable at the time of
payment. An estimate only of the contribution amounts under the current Council policies and
requirements is outlined in the table below:
Rebate for
Total Eligible
INFRASTRUCTURE NETWORK
Contributio Community
Organisation Total
n Amount
Stage PSP 12 PSP 16 PSP 17 PSP 20 Rural / Applicable Charitable non- Payable
Public Rural Water Pathway Local to profit for
Developme $
Open Sewerage Headworks Trunk Roadworks community
Space Headworks Network nt services
(Park) facilities
Stage 1 $105,504 $202,017 $197,531 $49,374 $17,848 $572,274 100% $0
Stage 2 $22,936 $65,655 $59,003 $10,495 $7,349 $165,438 100% $0
Stage 3 $31,673 $90,667 $81,480 $14,492 $10,149 $228,461 100% $0
Stage 4 $14,198 $40,644 $36,525 $6,497 $4,549 $102,413 100% $0
Stage 5 $22,936 $65,655 $59,003 $10,495 $7,349 $165,438 100% $0
Stage 6 $26,212 $75,035 $67,432 $11,994 $8,399 $189,072 100% $0
Stage 7 $19,659 $56,276 $50,574 $8,995 $6,299 $141,803 100% $0
Stage 8 $21,844 $62,529 $56,193 $9,995 $6,999 $157,560 100% $0
Stage 9 $13,106 $37,517 $33,716 $5,997 $4,200 $94,536 100% $0
Total = $278,068 $695,995 $641,457 $128,334 $73,141 $1,816,995 100% $0
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Please note that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from December 2009 until the date of payment. All contributions must be
paid prior to commencement of use.
General
92. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works.
In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Works.
93. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational Works
in respect of roadworks and stormwater drainage works. The design shall be in accordance
with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads,
Drainage and Earthworks. To avoid conflict with underground pipes or services, all existing
and proposed services required by the development shall be shown on the plans.
94. 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).
95. A construction management plan/strategy shall be prepared by a suitably qualified Registered
Professional Engineer and submitted to Council in conjunction with any application for
Operational Works. The construction management plan shall ensure no damage occurs to
Council services and that any adverse impact on the local area due to the construction works
is within the acceptable limit and properly managed to the satisfaction of Council.
96. A Traffic Management Plan for the each separate demolition and construction phase of the
development shall be submitted to and approved by Council at least 5 working days prior to
the commencement of any Demolition or Building works or at least 5 working days prior to the
pre-start meeting for Operational Works. The Traffic Management Plan shall include but not
be limited to:
96.1 Mitigate any adverse impact and disturbance on the local residential area and on the
traffic in the local and main roads to acceptable limits;
96.2 Mitigate dust disturbance caused by vehicles and machinery movements;
96.3 Limiting the routes for the heavy vehicles to the major road network and limit the use of
the local roads within residential area as access to the site;
96.4 Indicate provision for on-site and off-site parking for the required workforce;
96.5 Indicate the location of loading and unloading areas;
96.6 Indicate the location of any “holding” areas for heavy vehicles and
96.7 Operating hours.
It is be noted that the Elm Street frontage of site shall not be used for access, parking or
loading and unloading during construction (and post construction) phase unless a specific
written permit obtained from the Department of Main Roads.
97. 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.
98. 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.
99. 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.
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100. 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
roadworks, pathway, sewer main, water supply main, finished ground levels and pavement
surface levels and drainage structures that will become Council asset. 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.
Waste Management
101. A Waste Management Plan (Operational) generally in accordance with Planning Scheme
Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”,
must be submitted for the day-to-day operation of the development and approved by Council’s
Health Section prior to issue of development permit for operational works. The Waste
Management Plan (Operational) is to incorporate the following changes to the proposed
development:-
101.1 The proposed general waste bulk bin storage areas at the Aged Care Residence,
Apartment Building, Village Community Centre and temporary service to the
Independent Living Units whilst under construction, will require HRV 12.5m length travel
path and turning access.
101.2 If the waste storage area at the Aged Care Residence is not roofed, then the actual
bunded bin wash area is to be decreased in size to a maximum one square metre area.
101.3 The waste storage area at the Apartment Building is to be relocated to the western end
of the adjoining car parking spaces, to allow ease of access for collection and avoid the
unnecessary manoeuvring through this car park.
101.4 The waste storage areas at the Aged Care Residence, Apartment Building, Village
Community Centre and temporary service to the Independent Living Units whilst under
construction, each require their own separate bin wash facility.
101.5 Submit details for approval of the proposal for bin washing of the recycling bins located
at the service nodals.
101.6 Council will not provide a roadside collection service to the 80L and/or 120L general
waste wheelie bins at the Independent Living Units after their completion. The following
options must be considered including client costings, and an alternative proposed for
approval.
101.6.1 Option 1: Continue the temporary service of the bulk bins as a permanent
arrangement. This requires:
Details of the permanent waste storage area (location, size, bin wash,
etc).
HRV 12.5m length travel path and turning access for collection.
OR
Option 2: Provide a roadside collection service of 240L general waste wheelie
bins (one bin shared between two units). This requires:
10m vehicle length (not 9m as proposed) travel path and turning access
for collection.
Where possible bins are to be placed on one side of the road only to
prevent duplication of travel path and minimise service time and travel.
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The “Turning Path 3” at the north western corner cul-de-sac to be
deleted. The bins for these nine units are to be placed at the nearest
trafficable thoroughfare for collection without any unnecessary reversing
or turning.
102. Provide an adequate number of recycling bins (240L or 1.1 cu.m. bulk) at the waste storage
areas of the Aged Care Residence, Apartment Building, Village Community Centre and
temporary service to the Independent Living Units whilst under construction. The proposed
HRV 12.5m length travel path and turning access to these areas will suffice for collection.
103. The 240L recycling wheelie bin service to the completed Independent Living Units requires:
103.1 Size of the service nodals to increase to accommodate eight bins i.e. one bin shared
between two units.
103.2 10m vehicle length (not 9m as proposed) travel path and turning access.
103.3 Bulk bins (1.1 cu.m.) may also be considered provided HRV 12.5m length access is
available.
104. Plans are to be submitted for approval by Council’s Environmental Health Section of the HRV
12.5m and 10m length waste vehicle travel paths and turning access. Plans must clearly show
routes and ensure that vehicle overhangs when turning are clear of all obstructions e.g. posts,
poles, fences, landscaping, etc.
105. All road traffic islands are to be trafficable for the waste vehicles.
106. All bins are to be placed in the correct position for collection at the roadside without the need
of the driver leaving the waste collection vehicle.
107. Council’s waste collection service during Stage 1 will not commence until the required road
access and waste storage facilities (including temporary ones), are in place.
108. A Waste Management Plan (construction and demolition) shall be submitted prior to
demolition, removal or relocation of any building other than a shed. Waste Management Plan
(construction and demolition) is also required for construction of 15 or more dwelling units or
for any business use of greater than 500m².
Waste Management Plans (construction and demolition) are required to be submitted in
accordance with Planning Scheme Policy 11, Waste Management Plans see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and
waste materials. These shall be located so that they are convenient and safe to use. The Plan
shall contain the following information:
The site area for the storage and separation of waste is to be shown on the plan
drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed.
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify proposed *specify contractor and
(m³) re-use or on-site contractor and landfill site or
recycling recycling outlet other disposal
methods site
Excavation material
Green waste
Bricks
Concrete
Timber-please specify
Plasterboard
Metals - please specify
Asbestos
Other - please specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is to
be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Additionally Council rewards those who
segregate waste by significantly reducing disposal fees at the landfill some items are free.
Higher gate fees are charged for loads of mixed waste.
Mosquito Protection
109. Submit a Management Plan for the control of mosquitos from the three large water basins,
including form of construction of basins, vegetation in and along the shoreline, on-going
monitoring and eradication treatments. Plan is to be approved by Council’s Environmental
Health Section.
110. Doors and windows of the Aged Care Residence, Apartments, Community Centre and
Independent Living Units are to be fitted with insect screens.
Noise Management
111. The location and operational hours of mechanical plant equipment including domestic air
conditioning units, is not to create a noise nuisance to occupiers.
112. Noise from building works associated with residential development shall comply with the
following –
112.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
112.2 All reasonable measures are taken to minimise noise emissions.
112.3 Not permitted on Sunday or public holidays.
113. All water taps from the onsite rainwater storage system are to be labelled “Not fit for drinking”.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
100 metres of a State- Concurrence Department of Main PO Box 1983
Controlled Road Roads GYMPIE QLD 4570
Railway Corridor Concurrence Queensland Transport Transport Planning
GPO Box 213
BRISBANE QLD 4001
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A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
0805-TP03 B Site Masterplan 1 November 2008
0805-TP04 B Schedule of Independent Living Units 1 November 2008
0805-TP05 B Masterplan Staging 1 November 2008
0805-TP06 B Village Community Centre – Plans & 9 March 2009
Elevations
- - Village Community Centre – Roof Plan -
0805-TP07 B Apartment Building – Floor Plans 1 November 2008
- - Apartment Building – Roof Plan -
0805-TP08 - Apartment Building – Elevations June 2008
0805-TP09 B Aged Care Residence – Floor and Roof 9 March 2009
Plans
0805-TP10 B Aged Care Residence – Elevations 9 March 2009
0805-TP11 - External materials & colour palette June 2008
0805-TP13 - Typical Sections June 2008
- - Standard Aged Care Unit Type Z1-B Plan & October 2007
Elevations - Floor Plan (Hip Roof)
- - Standard Aged Care Unit Type Z1-B - October 2007
Elevations
- - Standard Aged Care Unit Type Z2-B 30 September 2008
Reversed Plan & Elevations – Floor Plan (Hip
Roof)
- - Standard Aged Care Unit Type Z2-B 30 September 2008
Reversed - Elevations (Skillion Roof)
- - Standard Aged Care Unit Type Z3-B Plan & October 2007
Elevations – Floor Plan (Hip Roof)
- - Standard Aged Care Unit Type Z3-B – October 2007
Elevations
- - Standard Aged Care Unit Duplex Type Z4-B 30 September 2008
Reversed Plan – Floor Plan (Hip Roof)
- - Standard Aged Care Unit Duplex Type Z4-B 30 September 2008
Reversed – Elevations (Gable & Hip Roof)
- - Standard Aged Care Unit Duplex Type Z4-B 30 September 2008
Reversed – Elevations (Hip Roof)
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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 applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class / Existing Approved Use
Approved Quantity
Use Quantity Class / Use
Stage 1 = 120 single beds + 21x 2 bed units
Stage 2 = 21x 2 bed units
Stage 3 = 29 x 2 bed units
1 Lot & house Stage 4 = 13 x 2 bed units
Multiple Housing -
Detached House + Type 3 - Retirement Stage 5 = 21 x 2 bed units
1 Vacant Lot & Special Needs
Stage 6 = 24 x 2 bed units
Stage 7 = 18 x 2 bed units
Stage 8 = 20 x 2 bed units
Stage 9 = 12 x 2 bed units
2. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
3. The requirement for payment of infrastructure contributions has been assessed in accordance
with Council’s policy “Infrastructure Contributions (Charges) Rebates for Eligible Community
Organisations”. This approval is based on the organisation type and purpose of development
in accordance with Table 1 of the policy as detailed in the contribution condition of the
Development Permit.
4. 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.
5. A separate loop of water main should be installed within the property boundary for domestic and
fire services. Fire hydrants and fire sprinklers are should be connected to the fire main. Fire hose
reels and the domestic supply to be connected to the metered domestic service.
6. The applicant is advised that this development may require the provision of fire hydrants and a
booster pump in accordance with the Building Code of Australia, and in consultation with
Queensland Fire Services to ensure suitable fire fighting infrastructure is provided. To this end
any necessary fire hydrants shall be clearly shown on the plans submitted for both Operational
Works and Building Works approvals and if a booster pump is deemed necessary, the plans
shall indicate where the fire truck is to be accommodated in order to provide boosting to the
water supply.
7. A Waste Management Plan shall be in accordance with Planning Scheme Policy No. 9 and
further, shall include the following information: -
The types of waste that will be generated from the activities approved within the
development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
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Description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including size,
location, elevation and floor plan, methods of bin washing and system to prevent storm
water getting into sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste, paper/
cardboard, glass, aluminium/steel cans, waste oil, styro-foam boxes, etc, and bin
washing facilities connected to sewer.
A detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
8. The food operations at the Aged Care Facility and the Community Centre require:-
8.1 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.
8.2 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.
8.3 Construction and use of the food premises should comply with Council’s Food Premises
Policy and the Food Safety Standards (both available from Council).
8.4 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.
8.5 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.
8.6 Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food Licence from Council, prior to use of those premises.
9. 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.
10. 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.
11. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(Commonwealth) and the Anti-Discrimination Act 1991 (Queensland) may impact on the
proposed building work.
12. Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:-
12.1 The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
AS1428.2;
12.2 Applicants should be aware that a “Disability Standard on Access to Premises is being
developed and most likely will result in changes to the Building Code of Australia;
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12.3 Any services and facilities in the building complex must allow independent, dignified and
equitable use of the services and facilities for all people.
12.4 This proposal has not been assessed in relation to the spread of fire between
properties/buildings. It is the building certifiers responsibility to assess the requirements
for fire services, fire separation and appropriate methods of construction as part of the
building works approval process. Referral to the Queensland Fire and Rescue Service
(QFRS) may be required as part of the Building Approval process.
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Landscaping, site civil works including earthworks,
Works roadworks including works required by Department of
Main Roads, access, internal roads and carparking,
stormwater drainage including dams and
underground stormwater harvesting tanks, frontage
works including pathways, sewer reticulation, water
reticulation, erosion & sediment control
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable.
12 SUBMISSIONS
There were 2 properly made submissions about the application. In accordance with Integrated
Planning Act 1997, the name and address of the principal submitter for each properly made
submission is provided and attached.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
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2007/2398
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
Please note that the Development approval does not take effect and cannot be acted upon, until the
end of the submitter’s appeal period.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
8 February 2010 Original Decision Notice.
23 June 2010 Negotiated Decision Notice with amendments to
Conditions 2.2, 17, 18, 19, 23, 33, 37 & 49.
Yours faithfully,
Tracy Jones
Senior Development Planner
Cc: Department of Main Roads
PO Box 1983
GYMPIE QLD 4570
Queensland Transport
Transport Planning
GPO Box 213
BRISBANE QLD 4001
Encl: Properly Made Submitters List
Referral Agency Responses
Appeal Rights
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List of Submitters
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Name Company Address 1 Address 2 Salutation
Mrs Gail Gilliland 17 Tree Street POMONA QLD 4568 Madam
Noel & Lynn Johnston 4 Trading Post Road COOROY QLD 4563 Sir & Madam
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2007/2398
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
22 of 31
[OCR of page images]
2007/2398
Sunshine Coast Referral Agency Conditions
7 P INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Regional Council
$0002144
Queenstand
y’ Government
Department of Main Roads
28 August 2008
Mr John Knaggs
Chief Executive Officer
Sunshine Coast Regional Council
PO Box 141
Tewantin Qld 4565
Dear Mr Knaggs
Concurrence agency's response - conditions
Sunshine Coast Region
Cooroy Connection Road
Local Government application number 2007/2398
Main Roads number 8231
by RSL Care
Lot 1 on RP215922 & Lot 2 on RP16S5418
situated at 19 Trading Post Road & 4 Lamonts Road, Cooroy
‘The above application has been assessed by the Queensland Department of Main Roads as a
Concurrence Agency.
‘The assessment has had regard to the potential impact of the proposed development on the State-
controlled road network.
Pursuant to Section 3.3.16 of the Integrated Planning Act 1997 the Queensland Department of Main
Roads requires that Council include the attached conditions in any approval of the application, A
Statement of Reasons in respect of these conditions is also provided in the attachment,
Council is considered to be the appropriate authority to address requirements for minor works such as
footpaths, kerb and channel and so on. Should Council choose to impose such requirements then the
applicant is required under section 33 of the Transport Infrastructure Act 1994, to make further
_____ application to Main Roads to carry out the works.
Roads Business Group / Regions ‘Our ref 92114507950.0 A 17 Ish8524
Nosth Coast Region / Sueshine Coast Disinct Office ‘Your ref 2oovi2ase
50 River Road Enquiries MeLes Hudson jw
PO Box 183 Tolephone +81 7 8482 0333
Gympie Queensiend 4570 Faesimie = +81 7 5482 0465
ABN 57 636727711 Website waw.mainroads. id.gov.au
Email sunshinecosst olficegimainrcods qld.gov au
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2007/2398 23 of 31 [OCR of page images] 2007/2398 A copy of this letter and attachment has been sent to the applicant Please forward a copy of Council’s decision notice to this office, The contact officer for this application is Mr Les Hudson. Yours sincerely L. Rll 1R Leyton Acting Principal Advisor (Development Assessment) Delegate of the Director-General Department of Main Roads *Ene (Attachment | — Conditions and Statement of Reasons) 23 of 31
Page 24
2007/2398 24 of 31 [OCR of page images] 2007/2398 Main Roads CONDITION: STATEMENT O) Application type: Material change of use — Integrated Residential Aged Care and Seniors Living Council; Sunshine Coast Regional Main Roads File No: 92/145/D7950.0 A Council Ref: 2007/2398 Road: Cooroy Connection Road Development Number; — 8231 Response Date: 28 August 2008 ISSUES / CONDITIONS OF DEVELOPMENT FOR | THE REASONS, INFORMATION, CONCERNS THE SUBJECT APPLICATION STUDIES, FINDINGS, USED IN SETTING OF CONDITIONS INCLUDED: Management of access | There shall be no direct access to Cooroy By minimising the number of points of to a State-controlled road. Connection Road. All access is to be via Pearsons Road or Lamonts Road. access to the State-controlled road network, safety and efficiency are maximised, Works within the State- controlled road reserve. The applicant is to upgrade the Cooroy Connection Road / Pearsons Road intersection to incorporate a Channelised Right Turn (CHR) on a Two Lane Rural Road as shown on Figure 13.60 of Main Roads' document, “Road Planning and Design Manual", The applicant is to upgrade the Cooroy Connection Road / Lamants Road intersection to incorporate a Channelised Right Turn (CHR) on a Two Lane Rural Road as shown ‘on Figure 13.60 of Main Roads' document, “Road Planning and Design Manual", Prior to the commencement of any works within the State-controlled road, the applicant must arrange for detailed engineering plans and specifications for the proposed works to be submitted to Main Roads for assessment and be approved. The engineering design, plans and specifications submitted must be certified by an appropriate Registered Professional Engineer Qld (RPEQ). Note: Further approvals will be required for construction in accordance with the requirements of section 33 of the Transport Infrastructure Act 1994, Main Roads’ Road Planning and Design Manual, Chapter 13 — Intersections at Grade, ‘Traffic stady submitted by McCormick Rankin Cagney. Works to be in accordance with Main Roads Technical Manuals, Policies and Guidelines together with relevant State and National Standards. 24 of 31
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2007/2398 25 of 31 [OCR of page images] 2007/2398 ISSUES / CONDITIONS OF DEVELOPMENT FOR | THE REASONS, INFORMATION, CONCERNS THE SUBJECT APPLICATION STUDIES, FINDINGS, USED IN SETTING OF CONDITIONS INCLUDED: Cost of works. All works associated with this proposal, Main Roads does not contribute to including relocation of services, lighting, etc. | private development works unless a must be carried out at no cost to Main Roads, | specific agreement has been entered into. Noise assessment. The applicant is responsible for achieving the | Environmental Protection Act 1994. acoustic quality objectives of the Environmental Protection Act 1994 and the Main Roads document, "Road Traffic requirements of Main Roads document, Road | Noise Managentent: Code of Practice”. Traffic Noise Management: Code of Practice. Main Roads will not be responsible for the provision of any buffers or noise attenuation measures necessary to maintain an appropriate level of amenity for residential or other noise sensitive uses. The applicant is to provide these noise attenuation facilities which are to be located clear of the State-controfled road reserve, Stormwater runoff. ‘The applicant is to undertake all necessary Maintaining the safety and efficiency of works to ensure that future stormwater runoff from the proposed development is no worse than currently exists. the State Controlled road metwork, The existing downstream drainage infrastructure has insuflickent capacity to accommodate any increased runoff. 25 of 31
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2007/2398 26 of 31 [OCR of page images] 2007/2398 Cie Mr. Larry Kumskov RSL Care C/- Plan Tech Town Planners PO Box 22 PSK QLD 4312 Attention Mr, Kumskoy, Queensland Government Queensland Transport File no: $90/02504 P28625 BRIS-1810 For your information (Application ?9 Trading Post Road, Cooroy refers), Should you wish to discuss any aspects of this concurrence agency response, please contact Stephen Baskerville, Planner on 3117 $434 Yours sincerely CH Ke Helen Kerr Principal Advisor (Planning) 23 Seprember 2008 Integrated Transport Planning Transport Planning Floor 12 Cromwell House 200 Mary Street Srstane Queensiand 4000 GPO Box 213 Brisbane Queensland 4001 ABN 13 200 530 520 Ourref = BSON2SD4 BRIS-1810 P2ae2s Yourret 2007/2398 Enquines Stephen Basterville (Planner) Telephone +617 3117 5434 Facsimile +01 73117 5554 Website — waw transport gi.gov au Emat Stephen 5 beskerviieg@ransport oe. gow a 26 of 31
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2007/2398 27 of 31 [OCR of page images] 2007/2398 Queensland 23 September 2008 Government The Chief Executive Officer Sunshine Coast Regional Council Locked Bag 72 Queensland Transpert NAMBOUR QLD 4560 Attention; Tracy Jones Concurrence Agency Response—I/ntegrated Planning Act 1997 (IPA) 3.3.16 Application for: Development Permit for Material Change of Use 19 Trading Post Road & 4 Lamonts Road Cooroy QLD 4563 Lot 1 RP21S922 & Lot 2 RP165418 Sunshine Coast Regional Council QT Reference — BRIS-1810 I refer to correspondence received from Larry Kumskov of Plan Tech Town Planners received by this department on] | August 2008 secking approval for the above proposal, as indicated on the plans listed in the table below. Pian Number Plan Name Pian Date Plan Version 0805-TPOS Masterplan staging | June 2008 va O80S-TPO4 | Schedule of Independent Living Units | _ June 2008 nla An assessment of the proposed development within the limits of Queensland Transpor's jurisdiction, namely land use and transport coordination under the (Transport Planning and Coordination Act 1994) and the operational safety and integrity of raitways and future railways (s258 of the Transport infrastructure Act 1994) has been completed. ht is advised that the proposal is supported with conditions of development as identified on the attached Statement of Reasons. These conditions must be included in any decision notice issued for this proposal. A copy of this letter and the Statement of Reasons has becn sent to the applicant for their information and action as required. Yours sincerely LH bon Helen Kerr Principal Advisor (Planning) Integrated Transport Planning Our ref (690902504 BRIS-1870 P28028 Transport Planning Yourmf 2007/2396 Fioor 12 Cromaet Mouse Erquines Stephen Bastervile (Planner 200 Mary Street Hnsbane Queensiand 4000 Telephone +617 3117 6434 GPO Box 213 Brisbane Queensland 4001 Facsimile +617 2117 5554 ABN 13 200330 520 Yeaugile —-www.transport qld gov su Frat ‘Slephen.p baskondagerensper gid gov ay 27 of 31
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2007/2398
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[OCR of page images]
1€ 4082
Attachment I
Queensland Transport Concurrence Ageney Conditions and Statement of Reasons
Application for: Development Permit for Material Change of Use
19 Trading Post Road & 4 Lamonts Road Cooroy OLD 4563
Lot 1 RP215922 & Lot 2 RPI65418
Sunshine Coast Regional Council
QT Reference — BRIS-1810
Pedestrian Network
The pedestrian pathways must be designed and
constructed generally in accordance with drawing
) 0805-TPO5, Mi
Prior to the endorsement of any Community | Courtesy Bus
| Management Statement (CMS) for the Principal | Ensure that any Community Managemetit Statement
Community Title Scheme (CTS). (CMS) for the Principal Community Title Scheme | To increase the opportunity for people to gecess
(CTS), established for all or part of the development | public passenger transport. The majority of the
site, includes a requirement that the body corporate | proposed retirement village is remote from existing
must: public transport routes and does not allow residents
~ establish, maintain and operate a courtesy bus | casy access to higher order shopping and medical
Service (providing regular services to higher | facilities.
order shopping and medical facilities) on behall’
of the owners of the lots in that CTS, and for
the benefit of the lot owners, occupiers and
their staff; and
Is responsible for ensuring compliance with the
development approval conditions relating 1 the
provision of the courtesy bus service for that
CTs a
Section 258 of the Trunsport Infrastructure Act
1994.
Prior to the commencement of the use of the
development.
“Section 8A of the Transport Planning and
Coordination Aci 1994.
BRES-1810 Concurrence Respanse with conditions
86€2/2002
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2007/2398 29 of 31 [OCR of page images] 1€ 4062 Prior to the commencement of the use of the | Noise Amelioration Section 258 of the Tramport Infrastructure Aet development The development must incorporate noise | [999 amelioration measures as recommended in the | Development must be located, designed and acoustic report, dated August 2008 by Air Noise | managed to ensure noise levels do not adversely Environment Pry Ltd. affect the operational integrity of railways and future railways. In particular, section 7.1 Conclusion “Rail Noise” to ensure compliance with the intemal noise critena which includes references to acoustic barrier specifications and references to alicrnate design | methods and acoustic treatments of building | elements. Advices Special consideration should be given to the geametric design of the intersections to accommodate resident drivers with impairments, Primary concerns relate to vehicle operators who will be accessing their residence from a school zone where there may be high pedestrian activity of primary school students. Particular attention may need to be given to right-turn movements, which are associated with higher than normal crash rates for elderly motorists, If you have arty questions about this advice please contact Darren Hanis.on 3370 2818. BRIS-1810 Cuncureres Response yeh conditions: Page Soe 86€2/2002
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2007/2398
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may 4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including any assessment; and
condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
impact assessment.
Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2007/2398
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the (a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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