Permissible Change Decision Notice Approval or App in Part - 010.1998.00981605.002 [As Published] · 131998.981605.2

Page 2

                                                                                   1998/981605




4    CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Building
1    The plans submitted for a Development Permit for building works are to comply with the
     approved plans and subject to compliance with requirements for access for people with
     disabilities.
2    Construction work and other associated activities are permitted only during the hours of 7.00
     a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where
     extended hours are approved by the Building Surveyor.
Health
3    Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s
     Code controlling food establishments for approval by Council’s Environmental Health Officer,
     for any food premises proposed to be included in the development. Approval is to be obtained
     prior to fitting out the building.
4    An annual licence is to be obtained under the Food Hygiene Regulations of 1989 from
     Council’s Health Department.
5    The developer must provide approved refuse containers in accordance with requirements of
     the Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection
     of refuse to the satisfaction of Council’s Environmental Health Officer.
6    The developer must provide an imperviously paved area to accommodate all refuse and
     recycling containers to the reasonable satisfaction of Council’s Environmental Health Officer.
     This area is to be aesthetically screened from any road frontage or adjoining property
     boundary. A suitable hosecock, hoses and approved drainage outlet to Council’s sewer, are to
     be located in the vicinity of the refuse container area for washing containers.
7    The developer is obtain a Trade Waste Permit for this business. The completed application
     together with a fee of $125.00 and two (2) sets of professionally drawn plans showing the
     Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be
     submitted to Council. Approval is to be obtained prior to the commencement of any
     construction associated with this development.
8    The developer must provide separate toilet facilities for patrons, in addition to staff toilet
     facilities in accordance with the Building Code of Australia.
9    All refrigeration plant, including motors, shall be situated within the building or suitably
     provided with noise reduction and shall be located as to prevent disturbance beyond the
     subject land.
10   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.
Trade Waste
11   All liquid waste produced by the cafe and restaurant is “Trade Waste” and is to be treated as
     required under the Noosa Trade Waste Policy prior to release to the sewer.
     All waste from double bowl sinks, hand basins, cleaners sinks, bar sinks, bar waste troughs,
     floor wastes, condensate wastes, bin washing area etc. is to be connected to a trade waste
     plumbing line and to an approved grease arrestor.
     The Trade Waste to be discharged through a grease arrestor of approved size. The has tight
     lids to the arrestor are to be approved by Council before installation. The arrestor to have one
     (1) metre clearance at each end and along one side. Arrestors are not allowed in a
     landscaped area. A 20 mm hose cock with 20 mm supply is to be positioned adjacent to the
     arrestor.


                                                                                    Page 2 of 9

Page 3

                                                                                    1998/981605




      Where an arrestor is more than 15 metres from the location of the pump out truck, a 80 mm
      pump out line is to be installed, all to the standard Council detail. The location of the ends of
      the pump out line are to be determined by Council’s Trade Waste officer during a site
      inspection.
12   A Trade Waste Permit is required to discharge Trade Waste. Two sets of hydraulic drawings
     showing ALL Trade Waste requirements in accordance with the Noosa Trade Waste Policy,
     are to be submitted with the application to Council for approval. Approval is to be obtained as
     part of the building approval process.
13   The Trade Waste application fee of $125 is required at the time of the application.
14   An enclosed area is to be provided for the storage of solid waste, cardboard, garbage bins,
     waste oil storage, bin wash area etc. The grease arrestor is not to be located in the enclosed
     area.
15   The bin washing area is to be connected to the trade waste plumbing line. The area is to be
     roofed unless the 600 x 600 standard raised detail is permitted. Rain water is to be excluded
     from the bin wash area.
Engineering
16   The developer must provide at least 11 off-street car parking spaces, comprising 2 covered
     spaces and 9 uncovered spaces, and access thereto which are to be provided with a sealed
     pavement.
17   The developer shall pay a contribution to Council in lieu of 3 off-street car parking spaces in
     accordance with Council's Policy on Cash Contributions in Lieu of Off Street Carparking, prior
     to issue of a Development Permit for building works. Such payment shall be in accordance
     with the contribution rate adopted by Council and current at the time of payment. An estimate
     only of the contribution at the date of this decision is $18,000.
18   The developer is required to widen the footpath across the frontage of the site to fit with
     Council’s forward plans to ‘One Way’ Edward Street. Such works shall involve the construction
     of kerb and channel, bitumen widening, associated drainage, hot mix correction to the existing
     pavement, where required and footpath upgrading works. Also, the existing grated stormwater
     pit in Gympie Terrace at the frontage of the site, shall be upgraded to a kerb entry pit type in
     conjunction with the works outlined. In this regard, plans prepared by a registered Civil
     Engineer are to be submitted to and approved by the Shire Engineer, prior to the issue of the
     Development Permit for building works.
19   The developer shall bear the cost of alteration of any public utility or other facilities
     necessitated by the development of the land or associated construction works external to the
     site.
20   The developer shall connect to Council's existing water supply and sewerage reticulation
     systems at the developer's expense to the standards and requirements of Council's Shire
     Engineer.
21   The developer shall provide metered water connections from the water supply system to the
     proposed development, in accordance with Council's standards and to the satisfaction of the
     Shire Engineer.
22   The site shall be filled in accordance with the requirement of the Noosaville Master drainage
     Plans and the Shire Engineer. Special treatment shall be required for filling around the two
     existing Mango Trees at the rear of the site. Floor levels for the development are defined
     within the Planning Scheme. Fill levels will be provided on application to Council's Engineering
     Department. Filling works shall be carried out in accordance with Section 3.8 of Council's
     "Engineering Design Standards" manual and so as not to cause the ponding of water on any
     adjoining lands or the blockage of, or interference with, any natural watercourses. No
     earthworks or filling works are to be undertaken until issue of a Development Permit for
     operational works (filling).


                                                                                      Page 3 of 9

Page 4

                                                                                   1998/981605




23   Roof and surface water is to be collected on site and is to be discharged through a single
     underground drain line into existing drainage in Gympie Terrace to the satisfaction of the Shire
     Engineer. A Development Permit for building works shall not be granted until the Shire
     Engineer has approved of the drainage scheme.
24   The footpath in Gympie Terrace shall be upgraded by the provision of new pavement and
     landscaping. The footpath area shall be elevated to correspond with the adjacent footpath
     level to the west. Note that the design of the ramp from the new footpath to the road crossing
     shall require careful consideration to allow for disabled access gradients.
     Further, the footpath across the frontage of the site in Edward Street is to be widened and
     upgraded by the provision of a 2.0 metre footpath \ bikeway to the satisfaction of the Shire
     Engineer.
     The surface treatments shall be designed and constructed so as to ensure pedestrian safety ie
     providing an evenly graded surface finish using non-slip materials.
25   The developer shall be responsible for the control of erosion and sediment export from the
     site.
     Site control measures such as silt fencing, controlled gravel access to the site and controlled
     disposal of waste, may be necessary. The developer shall be required to submit an erosion
     and sediment control plan. This plan is to be approved by the Development Engineer, prior to
     the issue of a Development Permit for building works.
     A $5000 site control bond is required, to ensure compliance with this condition.
Town Planning
26   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table and may
     be amended by these conditions and annotations on the plans.

       Plan No.       Rev.    Plan Name – Prepared by                               Date

                              Part Landscaping Plan – Greg Gibbs Architects         September 2010

       9837 WD02      A       Level 1 Plan – Greg Gibbs Architects                  September 2010

       9837 WD03      A       Level 2 Plan – Greg Gibbs Architects                  September 2010

       9837 WD05      A       Elevations – Greg Gibbs Architects                    September 2010

       9837 WD06              Section A-A – Greg Gibbs Architects                   September 2010

       9837 WD09              Section D-D – Greg Gibbs Architects                   September 2010

                              Stair Details – Greg Gibbs Architects                 September 2010


27   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.
28   The open space and setback areas are to be landscaped in accordance with Council’s Policy
     on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
     be completed prior to the premises being occupied and maintained at all times thereafter to
     the reasonable satisfaction of the Manager of Planning.



                                                                                    Page 4 of 9

Page 5

                                                                                     1998/981605




29    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. The landscape
      plans referred to above are to denote areas of existing vegetation or existing trees proposed to
      be retained.
30    Any advertising sign or device is to comply with the provisions of Council's policies on
      advertising.
31    The developer shall pay a contribution to Council in accordance with Council’s Policy on
      Development in the Noosa River Flood Plain, prior to the issue of a Development Permit for
      building works. Such payment shall be in accordance with the contribution rate adopted by
      Council and current at the time of payment. An estimate only of the contribution at the date of
      this decision is $220.00.
32    The developer must submit security in the form of a cash bond or trading bank guarantee to
      the sum of $5,000 to secure performance of all conditions of this approval, prior to the issue of
      a Development Permit for building works. The cash bond or trading bank guarantee will be
      returned on performance of the conditions of approval.
33    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.
34    This Development Permit for a material change of use of premises lapses if:-
      34.1 the use or erection of a building or other structure associated with the use, has not been
           commenced within four (4) years of the date of issue of the Development Permit, unless
           application is made and approved by Council for an extension; or
      34.2 the use of any premises pursuant to the Development Permit ceases.
35    Prior to the commencement of development, the developer must obtain the following
      Development Permits:-
      35.1 Development Permit for building works;
      35.2 Development Permit for plumbing and drainage works;
      35.3 Development Permit for operational works of landscaping, carparking and access;
36    The outdoor dining proposed for the site is not to be enclosed by means of additional plastic
      awnings or other such structures.
Additional Conditions – 11 October 2010
Planning Assessment
37.   Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
      submitted, to secure performance of all conditions of this approval, prior to the issue of a
      Development Permit for building 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.
38.   Architectural features such as glass bricks, windows and fixed glass panels to match the
      existing development shall be incorporated into the lift wall and balcony enclosure pursuant to
      the approved plans of development.
39.   To help screen the lift, 2 Elaeocarpus eumundii’s with a pot size of 45 litres shall be planted in
      the garden immediately to the south of the lift. A small portion of the existing landscaping may
      have to be removed to accommodate the 2 feature trees.
Unity Water
40.   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.
                                                                                       Page 5 of 9

Page 6

                                                                                     1998/981605




5     REFERRAL AGENCY CONDITIONS
Not applicable.

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
tables:
Approved Plans

 Plan No.         Rev.   Plan Name – Prepared by                                     Date

                         Part Landscaping Plan – Greg Gibbs Architects               September 2010

 9837 WD02        A      Level 1 Plan – Greg Gibbs Architects                        September 2010

 9837 WD03        A      Level 2 Plan – Greg Gibbs Architects                        September 2010

 9837 WD05        A      Elevations – Greg Gibbs Architects                          September 2010

 9837 WD06               Section A-A – Greg Gibbs Architects                         September 2010

 9837 WD09               Section D-D – Greg Gibbs Architects                         September 2010

                         Stair Details – Greg Gibbs Architects                       September 2010

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
Unity Water
1.    An old 100mm diameter AC water main is located within the footpath area fronting the
      development site in Gympie Terrace. Construction works, heavy traffic crossing the main,
      excessive vibration and excavation close to the main may cause damage to the pipe. Extreme
      care is required when working close to this infrastructure. All costs associated with repair,
      replacement or alteration of infrastructure must be met by the applicant.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)     The Disability Discrimination Act 1992 (Commonwealth)
(b)     Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address
equitable access and facilities in the building:
(a)     The building and environs should be designed to meet the requirements of the Human
        Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS
        1428.2
(b)     Applicants should be aware that a “Disability Standard on Access to premises” is currently
        being developed and most likely will impose changes on the Building Code of Australia

                                                                                       Page 6 of 9

Page 7

                                                                                        1998/981605




(c)     Any services and facilities in the building complex should allow independent, dignified and
        equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not applicable.

9     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not applicable.

10    FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.

11    SELF ASSESSABLE CODES

Not applicable.

12    SUBMISSIONS
Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

14    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.

15    OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.sunshinecoast.qld.gov.au, or at Council offices.


Decision Notice
Original Decision Notice              1 October 1998
Changes to an Existing Approval       11 October 2010 with change to Condition 26, addition of
                                      Conditions 37, 38, 39 & 40 and the addition of Advisory Note 1.




                                                                                         Page 7 of 9

Page 8

                                   1998/981605




Yours faithfully




Glen Conforti
PLANNING TECHNICAL OFFICER




Enc:    Appeal Rights
        Approved Plans/Documents




                                    Page 8 of 9

Page 9

                                                 Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009




The following is an extract from the Sustainable Planning Act 2009 (Chapter 6).

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




                                                                                                  Page 9 of 9