Minor Change Existing Approval MCU16 0084.04 · MCU16/0084.04

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU16/0084.04
Your Reference:	n/a
23 June 2020
Denmac Nominees Pty Ltd
C/- Building Suncoast Green
6 Lorraine Ave
MARCOOLA  QLD  4564
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 May 2020, requesting a minor change to an existing development approval. Council on 18 June 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0084.04
Street address:	140-142 Eumundi Noosa Road, Noosaville Qld 4566
Real property description:	Lot 2 on RP173876
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 10 January 2017
Development Permit for Material Change of Use of Premises - Retail Business Type 5 – (Vehicle uses), Retail Business Type 2 – (Shop) & Entertainment & Dining Business Type 1 – (Food & Beverages)
In relation to the request to make a minor change to the existing approval, Council on 18 June 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 2 & 4
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU16/0084) took 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 in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA02	10	Site Location Plan, prepared by Thomson Adsett	15/12/2016
DA03	7	Elevations 01, prepared by Thomson Adsett	19/09/2016
DA04	6	Elevations 02, prepared by Thomson Adsett	19/09/2016
LP-01	B	Landscape Concept Plan, prepared by Urbis as annotated by Council	24.08.2016
DD100	BA01	Site Plan	07.11.19
DD201	DD02	Ground Floor Plan - Proposed	07.11.19
DD300	DD02	Elevations	07.11.19
DD301	DD01	Elevations	07.11.19
Nature and Extent of Approved Use
The approved Gross Floor Area of the service station/shop tenancy is 200m².
The approved Use Area of the Entertainment and Dining Business is 107.13m². The Entertainment and Dining Business shall operate generally in accordance with the Approved floor plan, with no increase in retail/customer floor space.
Building Height
The maximum height of the development must not exceed 10 metres 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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works for any civil works (or landscaping). 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.
Landscaping
The development must be landscaped in accordance with the approved site plan and landscape concept plan, Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines and an Operational Works approval and must include in particular:
the trees in the Project Avenue road reserve must be retained where not required to be removed for vehicle access.
the setback area fronting Project Avenue must be densely landscaped. Two (2) x 45 litre trees must be planted in addition to the existing trees which are indicated to be retained on the approved plan.
dense planting to the landscaped gardens along the Eumundi Noosa Road frontage must be provided which must include 1 medium shrub or 1 small tree in each garden except for the southern garden where 2 medium shrubs or 2 small trees must be provided.
Signage
The development must comply with the Acceptable Solutions of the Advertising Devices Code, including the proposed food outlet sign which must be reduced so as to not exceed a sign face area of 4m².
Earthworks
All earthworks and associated retention structures must be undertaken in compliance with a Development Permit for Operational Works generally in accordance with Drawing No: B16239-CSK01 Rev D dated 22/09/2016, titled Preliminary Earthworks Layout Plan, prepared by Lambert & Rehbein engineers.
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical supervision and testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B.
All Earthworks and construction works must be carried out taking into consideration the protection of any existing above and below surface services, and the stability and protection of fences and any buildings and structures on the adjoining properties.
Site Access and Driveways
Sealed access driveways must be provided from Eumundi Noosa Road and Project Avenue generally in accordance with approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers in accordance with IPWEAQ standard drawing SEQ R-051 and with levels and grades in compliance with the applicable Sections of AS 2890.1 and AS 2890.2.
levels and grades that match the levels and the grades of the existing concrete footpath without posing safety or trip hazards.
the relocation or modification to any existing public services affected by the driveway works.
all redundant driveway/s must be removed and the area reinstated in accordance with a landscaping approval.
Car Parking
A minimum of 18 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space within the total.
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.
Service Vehicles
All required service vehicles’ parking, manoeuvring and standing spaces must be provided on the site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Heavy Rigid Vehicle (HRV) space.
A regular access for a 19m B-Double refuelling vehicle.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a dedicated pedestrian pathway along the northern boundary to provide a link between the Eumundi Noosa Road footpath and the building. The pathway must be clearly marked for pedestrian use.
signage and lighting at strategic locations to direct people to building entries.
any required pedestrian refuge areas within the carpark to ensure safe and convenient pedestrians movements within the site.
a total of 3 bicycle parking spaces.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Undergrounding of Existing Overhead Power Connections
Any existing overhead electricity connections to the site must be removed and new service connections must be provided underground.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval issued in accordance with The Noosa Plan and the Queensland Urban Drainage Manual.
The stormwater detention system for the development must achieve the outcomes detailed in Section 3.5 of the Stormwater management Plan for Noosa Energy Centre – 140-142 Eumundi Noosa Road, Noosaville for Denmac Nominees Pty Ltd by Lambert & Rehbein Engineers Managers Scientists dated 14 July 2016 reference number B16239CR002.
Deleted.
Deleted.
Any proprietary stormwater quality improvement product must be:
designed and installed in accordance with its relevant Technical Design Guide;
incorporate adequate high flow bypass for peak flows that exceed the design capacity of the system;
include energy dissipation to prevent resuspension of accumulated sediment;
include for activation of any necessary components following key rainfall events for the device (i.e. for Stormwater 360, the design must include for activation of the siphon following a 5mm rainfall event over the catchment area.
All proprietary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retrofitted into the development to achieve an equivalent pollutant reduction outcome.
A copy of a signed supply agreement between the site operator and the stormwater filtration system supplier for the replacement and maintenance of treatment components of the proprietary stormwater quality treatment devices must be provided to Council prior to issue of Operational Works Approval. The supply agreement must be for at least 10 years.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with a Building Works for above ground tanks, or Operational Works Approval for below ground tanks and must include in particular:
a minimum capacity of 5,000L  to deliver the outcome proposed in item 9 of the letter from Lambert & Rehbein Engineers Managers Scientists to Urbis dated 23 September 2016 with reference number B16239CL002.
re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
An acid sulfate soils investigation (with recommendations) for the management of the proposed development must be undertaken by a qualified person* in accordance with the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0 (2014), or a more current version and submitted with the application for Operational Works.
All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
Any underground tanks including the underground detention tank stormwater quality improvement proprietary device must be and  designed and constructed as a water excluding structure in accordance with Australian Standard AS3735 “Concrete Structures for Retaining Liquids” to ensure groundwater does not enter after construction is completed.
All treated material must undergo verification testing at the rate of one sample per 250m³ throughout the duration of the excavation phase of the development. The verification testing must be undertaken by a qualified person* using the SPOCAS or Chromium Reducible Sulphur testing suite and the results must be submitted to Council for appraisal.
ENVIRONMENTAL HEALTH
Development Code – Hazardous Industry
The design, specifications and construction of the Manifest Quantity Workplace (MQW) storage and dispensing of petroleum products (Service Station) is to comply in all respects with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland(WHSQ)
Certification must be provided to Council from a suitably qualified person* which certifies that the design, construction, operation and safety of the MQW (specifically including the design and operation of the stormwater quality improvement device: treatment tank/Stormwater 360 pods filter cartridges & detention tank) complies in all respects with the WHSQ Code prior to commissioning the site.
*A suitably qualified person is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products.
Environmental Protection – General Environmental Duty S319
A copy of this decision notice must be kept on site in a location readily accessible to personnel carrying out this activity.
Notwithstanding any other condition of this decision notice, this notice does not authorize any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property.
Underground Tanks
The underground petroleum storage system (UPSS) must be designed by a suitably qualified person with relevant industry experience, and a copy of the design certification must be provided to Council prior to issue of development permit for operational works.
The site must contain a total of 150,000L of underground petroleum storage consisting of 1 x 80,000L tank and 1 x 70,000L tank.
Underground tanks must be non-corrodible and be constructed of either:
fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product; or
a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall with an interstitial space between the 2 walls.
Underground tanks must be double walled and have an interstitial space between the two (2) walls of the tanks that is capable of being monitored for any breach of either the inner or outer wall of the tank.
All tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures or the equivalent.
A Certificate of Compliance must be provided by the manufacturer of the tanks to Council prior to the commissioning of the tanks for service.
An overfill protection valve must be installed in the drop tube of the tank and calibrated to prevent the tank from being filled in excess of 90% of its capacity. An overfill alarm must be installed to visually and audibly alert persons in the vicinity of the tank.
Leak Detection UPSS
The leak detection system of the UPSS must:
detect a leak from any portion of the underground storage system
use equipment that has been installed, calibrated and commissioned in accordance with the manufacturer's instructions
be capable of detecting a leak at a rate of 0.76L per hour or more with at least 95% accuracy and a probability of false detection of 0.05 or less (United States Environmental Protection Agency (USEPA)
be certified by an independent third party, consistent with the current USEPA protocols and system of verification (USEPA 1990, 40 Code of Federal Regulation Part 280, Subpart D)
A Certificate of Compliance must be provided by the independent third party that the UPSS leak detection system is consistent with the current USEPA protocols and system of verification and be provided to Council prior to the commissioning the UPSS.
Leak Detection System for Underground Tanks
The following leak detection systems must be used for the underground tanks:
statistical inventory reconciliation (SIR) that includes a software-based system where daily tank dip readings, delivery records and sales records are entered onto a proprietary software package; or
automatic tank gauging (ATG) that includes an automatic system using an arrangement of sensor probes and other devices that monitor the underground petroleum storage system and provide inventory information and leak testing;
a tank pit observation well at the lowest point of each tank excavation pit.
Leak detection systems for the underground pipework must include:
electronic line leak detection (ELLD) for pressure piping; or
safe suction for suction piping;
for remote fill lines, a statistical inventory reconciliation system to monitor leaks in the fill lines.
All underground pipework must be made of approved, non-corrodible materials which include either:
fibre-reinforced thermosetting resin composite (fibreglass) compatible with the product to be transferred; or
flexible plastic meeting the requirements of UL971 Standard for non-metallic underground piping for flammable liquids.
All product piping must have secondary containment consisting of double-walled piping with an interstitial space.
A Certificate of Compliance is to be provided by the manufacturer that the pipework meets the Standard and be provided to Council prior to the commissioning the UPSS.
Fill/Vapour Recovery Points
Each tank fill point is to be:
clearly labelled and identified in compliance with AS 4977-2008 Petroleum products - Pipeline, road tanker compartment and underground tank identification
fitted with a camlock type or other liquid-tight connection
provided with spill containment of at least 15L capacity per spill point.
All fill and vapour recovery points must be earthed in compliance with AS 1020-1984 The control of undesirable static electricity and AS 3000-2007 Electrical installations.
Monitoring
Monitoring of the interstitial space of the double walled tanks or product piping must be capable of detecting a release through either wall of the tank or product piping.  A 6-monthly inspection program conducted by a suitably qualified and experienced person is required to monitor the following:
the system is active;
leak detection measurements (e.g. liquid levels or pressure levels) are within manufacturer’s tolerances;
leak detection measurements are recorded;
any loses outside the manufacturer’s leak detection tolerances are to be reported to council in writing and the tank owner immediately.
Fuel Dispensing Area (FDA)
The FDA must be designed and constructed to ensure that no vehicle may be refuelled outside the delineated area.
The FDA must be designed and constructed so as to prevent the entry of watershed from overland stormwater flows entering the fuel dispensing forecourt.
All ground surfaces within the FDA must be constructed of impermeable materials free of gaps and/or cracks. Suitable materials include waterproofed, reinforced concrete or an approved equivalent.
The FDA must be clearly demarcated from the outer forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.  Acceptable demarcation methods include a painted line on the ground, roll-over bunds, drainage lines or different coloured impermeable material.
Deleted.
Stormwater from roofed areas must be directed away from the FDA catchment.
The area within the FDA must be graded and drained to a containment vessel (or collection sump) with no connection to stormwater or sewer or above ground detention tank (i.e. a ‘blind sump’). Acceptable materials of construction include precast concrete with a minimum certified design life of 50 years, designed in accordance with AS 3600-2009 Concrete structures.  Other materials of construction may be used where approved by Council.
The containment vessel must have a capacity to hold a volume equivalent to at least that of the largest tanker compartment likely to be delivering fuel to the site plus an allowance for windblown rain (i.e. no less than 10,000litre capacity).  Windblown rain allowance in m3 (Vr) can be calculated using the following equation: Vr = 0.005 x 3 x Po where Po is the total length of the open perimeter of the canopy in metres.
Signage indicating the rate of flow must be provided for drainage inlets in the FDA.  Examples include 'Flows to blind sump', or 'Flows to containment facility'. Signage is to be painted or otherwise indicated around the drain inlets.
Where fuel deliveries are intended within the FDA, the standing area must be clearly demarcated and graded to the FDA containment vessel as per drawing B16239-CSK01.
A liquid-tight dispenser sump must be installed under each dispensing unit.  It is to be designed to house all pipework joins and fittings and to collect and contain any leak from contaminating the surrounding soil/groundwater.
Uncovered Forecourt Area (UFA)
All ground surfaces of UFA liable to contamination from vehicular activities must be constructed of impermeable materials, free of gaps or cracks. Suitable materials include asphalt, waterproofed, reinforced concrete or an approved equivalent.
Signage indicating the rate of flow must be provided for drainage inlets in the UFA.  Examples may include 'flows to stormwater treatment system' or 'flows to creek'.  Signage is to be painted or otherwise indicated around the drain inlets.
Road tanker delivery stands located within the UFA must be clearly demarcated and sited away from buildings, traffic areas, dispensing areas and emergency escape routes.  The road tanker delivery stand is to be normally drained to the UFA stormwater quality improvement device (SQUID), however, diversion valves are to be engaged during fuel delivery operations to divert drainage to the FDA containment system (blind sump).
Stormwater Quality Improvement Device (SQUID)
All stormwater from UFAs must be captured and drained to the approved SQUID.
The SQUID (treatment tank/ Stormwater 360 pods filter cartridges & detention tank) intended to be installed as part of the stormwater drainage system for the UFA, must incorporate the following design measures as a minimum:
steel bars or trash gates with at least 20mm spacing;
filtration devices such as sand filters or gross pollutant traps capable of removing litter (diameter greater than 5mm) and at least 70% of fine sediments (>125µm).
a wastewater treatment device, such as an oil and hydrocarbon separator, triple interceptor or equivalent, capable of removing droplets larger than 60µm (i.e. corresponding to outlet discharge of approximately 15mg/L) and to a point where there is no visible sheen or odour on stormwater.  This device is to be able to meet these requirements during a storm up to the 2 year ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
flow cut-off valves are to be installed at the outlet from the separator to use in case of an emergency or cleaning operations.
be maintained in accordance with the manufacturers recommendations.
be engineered to ventilate any likely hazchem vapour and make a safe working environment in accordance with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland.
Equipment Integrity Test (EIT) of UPSS
An EIT of the UPSS is to be conducted by a duly qualified person in accordance with the manufacturer’s written instructions specific to the UPSS.
The EIT must be capable of detecting a leak of 0.38 litres per hour, with a probability of detection of at least 95% and of false detection of 5% or less in accordance with AS 4897–2008 – The design, installation and operation of underground petroleum storage systems.
The EIT must be a nationally approved and certified method of testing that meets, at a minimum, the requirements or certification standards of the United States Environmental Protection Agency (USEPA 1990).
The EIT of the UPSS must be undertaken at the following times :
immediately before commissioning the new UPSS
immediately following any modification to the UPSS
immediately following installation of re-used equipment
immediately following any equipment retrofit
immediately following any repair to UPSS equipment
where the leak detection systems indicate failure
where there is only one method of leak detection system in use
where there is evidence of a leak
when requested by Council
The results of any EIT must be provided to Council upon commissioning the UPSS and as requested by Council and must provide as a minimum the following information:
equipment identification number
location and date of test
results of test and test method
certification by and details of testing company or individual
discussion, conclusion and any remedial actions proposed, implemented and timetable for compliance.
Stage 1 Vapour Recovery
Each underground storage tank is to have:
vapour return lines that return all vapour displaced from the storage tank to the delivery tanker;
vapour-tight couplings on the vapour line that close automatically when disconnected;
liquid-tight couplings on the liquid transfer hoses;
incompatible liquid and vapour couplings;
spill containment enclosures for the storage tank fill connection point;
secure seals on tank filling pipes and vapour return pipes that minimise vapour leaks when the pipes are not in use;
submerged fill pipes, so they terminate below the suction inlet used for pumping petrol out of the storage tank;
overfill protection devices (float vent valves) fitted to shut off the petrol flow at the level advised by the tank manufacturer;
overfill prevention devices (mechanical or electronic) that slow delivery of petrol into the storage tank as the level in the storage tank approaches the design fill level – the devices should be positioned to stop the petrol flow before the float vent valve operates;
secure seals on any dip hatch openings;
a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe. Similar devices are permitted, but will only be accepted by Council where they are shown by an independent certifier to perform the same duty.
Ground Water Monitoring Well
At least two (2) ground water monitoring wells must be installed on site for the purposes of monitoring ground water for the presence of contaminants.
The design and installation of ground water monitoring wells must be by a suitably qualified person experienced in designing and/or installing groundwater monitoring wells.
The location of the ground water monitoring wells must be installed to maximize the likelihood that the wells will intercept contaminated ground water whatever the ground water flow conditions.
The ground water monitoring wells must be:
installed and operational before use of the UPSS commences
sealed to exclude surface water, clearly marked to indicate their presence and properly secured
The ground water in the monitoring wells must be tested for petroleum contaminants immediately after either:
the discovery whether by routine test or otherwise that ground water may be contaminated by petroleum originating from the property
the discovery whether pursuant to the loss monitoring procedure for the system or otherwise that the system has a leak
when requested by Council
De-commissioning of the UPSS
Where more than 2 years lapses since a tank were decommissioned, the UPSS must be permanently removed in accordance with the relevant Australian Standards and Workplace Health and Safety Qld requirements.
Certification must be provided to Council confirming the UPSS de-commissioning was conducted by a suitably qualified and experienced person, and that removal, transportation and disposal was in accordance with the Standards and legislation.
At the time of abandonment of any UPSS the site must be investigated for contamination.  An assessment report must be prepared by a suitably qualified and experienced person ( as required under the Environmental Protection Act 1994) to verify the site has either met remediation criteria or is suitable for continued and future use.  The assessment report must be submitted to Council no later than 60 days of either the:
decommissioning of an UPSS if no soil or ground water remediation is required
completion of any remediation associated with the decommissioning of an UPSS if remediation is required.
All records associated with the decommissioning of UPSS must be maintained for a period of 7 years after removal of the UPSS.  These records must be provided to future owners/operators of the service station and property, as part of ensuring all practicable measures have been implemented to prevent site contamination.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible

NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
Compliance Certification Required for UPSS
Notwithstanding any other condition of this Decision Notice, a Certificate of Compliance issued by a suitably qualified person* must be provided to Council prior to commissioning the operation of the UPSS, that certifies the design, installation, construction and operation of the underground petroleum storage system (Service Station) complies in all respects with the conditions of this Decision Notice and any relevant Australian Standards, Standard Test Procedures and Codes referred to herein.
* A suitably qualified person is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products and underground petroleum storage systems.

WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
referral agencies
Not Applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/chargers) and water saving devices. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
The applicable Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit for operation works.  Where payment of the levy is required, Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the Building and Construction Industry (Portable Long Service Leave) Act 1991 and its amendments, you should contact QLeave on 1800 803 481 (free call), (07) 3212 6855 or refer to http://www.qleave.qld.gov.au.
Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.   To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
traffic management during all aspects of the construction phase including:
i.	a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
ii.	maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
roposed fencing to the site during the construction phase of the development
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
HYDROLOGY
Qualified Person
For the purpose of certifying that the design of the stormwater harvesting tanks is in accordance with the requirements of this Decision Notice, a qualified person is considered to be a Registered Professional Engineer of Queensland (RPEQ), builder or plumber.
For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland (RPEQ); or
a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
ENVIRONMENTAL HEALTH
Underground Petroleum Storage System
All instruments, equipment and measuring devices used for measuring or monitoring in accordance with any condition of this notice, must be calibrated, operated and maintained in accordance with the manufacturer’s specifications.
There must be no change, replacement or operation of any plant or equipment installed, if the change, replacement or operation increases or is likely to substantially increase the risk of environmental harm.
Stage 2 Vapour Recovery
Any installation of equipment (dispensers and pipework etc) for motor spirit/petrol intended to meet Stage 2 VR requirements should comply with the following:
NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations and,
a stage 2 vapour recovery system approved by the German TÜV with a visual indicator that the vacuum operates when fuel is dispensed. The approval must be in accordance with the provisions of Ordinance on the Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor Vehicles – 21, BImSchV (section 3, paragraph 6) [2002], and
a hydrocarbon capture efficiency of not less than 85% vapour recovery to liquid dispensed by volume as measured using a test for active vapour recovery systems in Verein Deutscher Ingenieure (VDI) specification 4205.
Electric Charge Station
All electrical wiring associated with the electric charge station must comply with AS 3000-2007 Electrical installations and/or AS / NZS 60079.14:2009 Explosive atmospheres Part 14: Electrical installations design, selection and erection
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Act) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit in the approved form.
A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.  Environmental harm is defined as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.
Persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
The development must not cause any interference with the environment or amenity of the area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines under the Act apply for such offences.
Noise from building works associated with commercial and or industrial development should comply with the following –
limited to between 6:30am to 6:30pm Monday to Saturday.
all reasonable measures are taken to minimise noise emissions.
not permitted on Sunday or public holidays
A contaminant (including a waste) must not:
be buried at the premises
be in contact with soil at the premises
directly or indirectly seep or penetrate into the soil
(eg. liquid waste, gas cylinders or hazardous fines must not be disposed of into an industrial or domestic waste bin.
Regulated wastes (inc. oily water/spilt hydrocarbons etc) contained in the forecourt spill containment sump/vessel should only be removed by a regulated waste contractor.
Wastewater and other liquid waste should be discharged to sewer or transported to an approved hazardous waste facility.  The operator must comply with the conditions of a any current trade waste permit and/or conditions to collect and transport regulated waste to an approved hazardous waste facility.
Food Business Licence Approval
Where any food business is included in the development, the following is required:
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food Business License from council’s Environmental Health Section prior to use of those premises.
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.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
Plans and approval is required for any mechanical exhaust ventilation system, which must comply with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings”.  Certificates must be provided certifying the system (Form 15 & 16) complies with the Standard and be lodged with council prior to commencement of trade.
Certification by a suitably qualified person* that the plan design and/or installation and operation of the mechanical exhaust ventilation system, complies with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” and the requirements of this Decision Notice must be submitted to council.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation.
Mechanical Exhaust Ventilation System – Food Preparation Area
For the purpose of certifying the kitchen mechanical exhaust ventilation system, a suitably qualified person is :
a Registered Professional Engineer of Queensland;
the manufacturer for the purposes of certifying the Building Act 1975 Certificate Form 15
a Qld Building Construction Commission Licenced Building Certifier or a Registered Professional Engineer of Queensland for the purposes of certifying the Building Act 1975 Certificate Form 16
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Operational Works - Earthworks, Stormwater Drainage, Vehicle Crossover and Parking, Landscaping, Erosion & Sediment Control
Development Permit for Building Works – all building works
submissions
No properly made submissions were received about this application.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.

other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – MCU16/0084 – 17 November 2016.
Negotiated Decision Notice – MCU16/0084 – 10 January 2017 – Change to conditions 2, 3 & 14
Generally in Accordance – MCU16/0084.01 – 15 March 2017 –  Condition 2 (minor alteration to the roof design of the main building)
Decision Notice – Permissible Change – MCU16/0084.02 – 5 May 2017 – Delete conditions 26 & 27
Decision Notice – Minor Change – MCU16/0084.03 – 24 October 2017 – Delete condition 62
Decision Notice – Minor Change –MCU16/0084.04 – 18 June 2020 – Change conditions 2 & 4

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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