MCU14/0049 & OPW14/0276 - Decision Notice

Officer:	Denis Wallace
Direct Telephone:	53296239
Our Reference:	MCU14/0049 & OPW14/0276
Your Reference:	01631 LO2 NG

21 November 2014

Sharpe Enterprises Pty Ltd Tte
C/- Martoo Consulting Pty Ltd
Attention: Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 November 2014, Council decided to:
A.	Approve the Material Change of Use Application MCU14/0049 subject to conditions.
B.	Refuse the Operational Works Application OPW14/0276 for the following reasons:
1.	The proposal represents excessive signage for a single business that will result in unnecessary visual clutter and adversely impact on the visual amenity of the area.
2.	The signage is incompatible with the development character of Noosaville and is contrary to the Advertising Devices Code.
3.	The application proposes signage identified as inconsistent advertising devices within the Advertising Devices Code of The Noosa Plan.
C.	Request the applicant to remove all excess signage and ensure all signage complies with the acceptable solutions of the Advertising Devices Code of The Noosa Plan. In particular, no sign shall exceed a sign face area of 4m² and total signage shall not exceed a combined sign face area of 10m².
Details of the decision are as follows:
application details
Application No:	MCU14/0049 & OPW14/0276
Street Address:	64-66 Rene Street, Noosaville  Qld  4566
Real Property Description:	Lot 280 SP 104321
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Industrial business Type 1 Warehouse (Self Storage Facility)
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
OGSS-001-01	G	Site Plan Stage 2	18/9/14
OGSS-001-02	G	Stage 2 Basement Floor Plan	18/9/14
OGSS-001-03	G	Stage 3 Ground Floor Plan	18/9/14
OGSS-001-04	G	Stage 3 Level 1 Floor Plan	18/9/14
OGSS-001-05	G	Stage 3 Level 2 Floor Plan	18/9/14
OGSS-001-06	G	Elevations 1 & 2	18/9/14
OGSS-001-07	G	Elevations 3 & 4	18/9/14
OGSS-001-08	G	Sections A-A & B-B	18/9/14
OGSS-001-09	G	Basement Location Plan	18/9/14
Nature and Extent of Approved Use
No external storage or use areas are approved on the site.
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed an area of 100m2.
Signage
Signage must comply with the self-assessable provisions for signage identified in the Advertising Devices Code of The Noosa Plan. In particular, no sign shall exceed a sign face of 4m² and total signage shall not exceed a combined sign face area of 10m².
Building Height
The maximum height of the development must not exceed 10metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include:
The landscaped areas as generally shown on the approved Site Plan, except where amended by conditions contained herein.
Trees planted to achieve tall, dense screening vegetation along the eastern side boundary to assist with screening dust ingress to the site.  Recommended species is Elaeocarpus eumundi or similar.
Trees within the front setback area and along western boundary to soften the visual building bulk.
Retention of the existing street trees.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Staging & Sunset Clause for Completion
The development may be completed in stages, as shown on the approved plans.  Pursuant to s342 of the Sustainable Planning Act 2009, any uncompleted aspects of this development approval lapse if the whole of the approved use has not happened by 20 November 2020.
ENGINEERING
Site Access and Driveways
Concrete driveway and parking areas shall be provided generally in accordance with Drawing Nos: OGSS-001-01, Rev G dated 18/09/2014 and OGSS-001-01, Rev G dated 18/09/2014 – respectively titled: Site Plan Stage 2 and Stage 2 Basement Floor Plan, prepared by Steve McGregor Design Service and as may be amended by the conditions of this permit.  The works must be undertaken in accordance with an engineering design prepared by suitably qualified registered professional engineer and a Development Permit for Operational Works, and shall include in particular:
A driveway crossover/s in accordance with IPWEAQ standard drawing SEQ R- 051 and to grades that prevent vehicles from scraping and/or bottoming.  .
For 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 2890.1, section 3.2.4.
All parking spaces, driveways and circulation lane in compliance with the relevant sections of the current AS 2890.1 and AS2890.2.
Suitable safety measures, including: traffic directional signage, warning signage and speed limit/s within the site, to improve driver awareness of pedestrians and enhance pedestrian safety.
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Frontage Works - Footpath
Frontage works must be provided for the development.  The works must be undertaken in accordance with a Development Permit for Operational Works and must include in particular:
A two (2) metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Rene Street in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details. The footpath must match the levels the driveways to the site without step or trip hazard.  Where necessary existing driveway finish level should be adjusted to ensure compliance grades for the footpath and driveway.
Replacement of any street trees affected by the frontage works.
Stormwater Drainage
Prior issue of building works approval for the new building on the eastern portion of the site, an Operational Works approval for treatment of stormwater quality must be obtained. The application for Operational Works Approval for stormwater must provide for treatment of stormwater from the entire site.
The stormwater quality treatment system shall be designed and implemented generally in accordance with “Option 1” presented in the “Site Based Stormwater Management Plan (4298-1.0) for 66 Rene Street” dated 9 October 2014 by STORMwater Pty Ltd.
An ongoing maintenance contract for the stormwater quality treatment devices must be established and provided to Council prior to commencement of use of the new building on the eastern portion of the site.  The maintenance contract schedule must be consistent with the manufacturer’s requirements to achieve an ongoing pollutant reduction efficiency of 80% reduction in Total Suspended solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen in runoff from the site compared to an untreated situation.
All copies of stormwater maintenance documentation must be kept for a period of 5 years and made available to Council officers on request to demonstrate compliance with the conditions of this approval.
Earthworks
Any earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards – Roads, Drainage and Earthworks and must be undertaken in accordance with a Development Permit for Operational Works.
Earthworks carried out on site shall not affect the structural integrity of any of the adjoining properties, existing fences or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
UNITYWATER
The following Unitywater conditions are applied in accordance with the South East Queensland (Distribution and Retail) Restructuring Act 2009 and Unitywater’s Interim Connections Policy. The conditions below form part of a water connection aspect which are taken to be a water approval for a staged connection. Any future applications must be made to Unitywater under South East Queensland (Distribution and Retail) Restructuring Act 2009. Unitywater can be contacted as follows:
Phone: 1300 0 Unity (1300 086 489)
Email: [email protected]
Web:  www.unitywater.com
Water & Sewerage
Reticulated water supply and sewerage must be provided to the development.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings, basements and other structures must maintain a minimum clearance of 1.5 meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole chamber or sewer inspection opening.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
referral agencies
Nil.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works (Access, Parking, Landscaping, Frontage Works, Earthworks & Stormwater)
Development Permit for Building Works
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Planning & Environment

cc	Unitywater

Enc:	Adopted Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

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

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

[word/footer1.xml]
Page 7 of 10

[word/footer2.xml]
Page 1 of 10

[word/header1.xml]
MCU14/0049

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image2.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL