132007.1181.02 - Change to an Existing Approval

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	132007.1181.02
Your Reference:	N/A
10 November 2015

Spurgin Assets P/L TTE
C/- RG Strategic
PO Box 1363
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing.  On 9 November 2015, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	132007.1181.02 (2007/1181)
Street Address:	SANDPIPER 33 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 5 SP 251687
Planning Scheme:	The Noosa Plan

DECISION DETAILS

The following types of approval have been issued:
Material Change of Use - Retail Business Type 2 & Visitor Accommodation Type 4
Building Works - Demolition

In relation to representations made by the applicant, Council on 30 January 2008 decided to:
A.	Agree to change Conditions 1, 3, 4, 7, 24, 25, and 59.
B.	Agree to delete Conditions 4.1, 4.2, 4.3, 45 and 51.
C.	Issue a Negotiated Decision Notice.

In relation to the request to make a change to the existing approval, Council on 19 October 2011 decided to:
Approve a change to Condition 23 extending the relevant period.

In relation to the request to make a change to the existing approval, Council on 9 November 2015 decided to agree to the request and approve a change to Condition 3.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the assessment manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are: DA-02.1, DA-01 (Issue B) dated 15/05/2007, DA-02.2, DA-03, DA-04, DA-05 (Issue A), DA-06 (Issue A), DA-07 (Issue A) dated 15/05/2007, DA-08 (Issue A), DA-09 (Issue A), DA-10, titled: Podium Level 1, Basement Level 0 Plan, Podium Level 1, Level 2 – Floor Plan, Level 3 – Floor Plan, Roof Terrace Plan, North Elevation, South Elevation, East Elevation, West Elevation, and Long Section prepared by Foster Designs Pty Ltd and dated 29/05/2007 and as may be amended by these conditions.
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.
The roof structure to the rooftop terrace shall generally comply with that shown on drawing DA01, Rev. A titled “Roof Terrace and Roof Plans’ and drawing DA02, Rev. A titled “Elevations” dated 8/9/15 by Soul Space Building Design.  The roof structure must remain as open construction and shall not be further enclosed by walls, windows, louvres, or the like.
The open space and setback areas are to be landscaped generally in accordance with Council’s Policy on Landscaping Guidelines and the submitted Landscape Plans titled and numbered, Landscape for Operational Works – Overall Layout LGFD 1227 LA01 Issue D and Landscape for Operational Works Schedules, Spec & Details LGFD 1227 LA02 Issue D, prepared by Landgraphics and dated Oct 2007. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Deleted.
Deleted.
Deleted.
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. These landscape plans required to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be retained. In this regard:
The mature Pandanus trees and Palms adjacent to the site on the beach frontage are to be retained and protected;
The existing trees and shrubs in the road reserve area are to be retained and protected.
Cleared vegetation is to be suitably processed by one of the following methods and removed from the site:-
Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres between edges of heaps.
Disposal for firewood.
Disposal for landscaping purposes.
Transport to alternative site for breaking down materials provided that all necessary permits have been obtained to allow the alternate site to be used for this purpose.
The disposal method for clearing works is to be submitted in conjunction with an application for a Development Permit for Operational Work. The Applicant is advised that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Fencing between the Building and the beach is to be no more than 1.8m in height, of open construction, and generally in accordance with the approved plan titled and numbered North Elevation DA-06 (Issue A), prepared by Foster Designs Pty Ltd and Dated 29/05/2007.
Any advertising sign or device is to comply with Council's policies on advertising.
All goods are to be displayed on site within the property boundaries and/or on the premises approved for the use.
Business deliveries are to be undertaken between the hours of 6am to 7pm only.
The retail tenancies are to operate between the hours of 7am and 9pm only.
The main roof of the building is to have a roof pitch of no less than 5o and eave overhangs of 600mm.
The ground floor retail tenancies are to have a minimum of 50% transparent glazing fronting the street.
Car parking spaces are to be accessible to patrons and staff during business hours with security gating only activated outside of business hours.
Secure bicycle racks shall be provided on site to accommodate a minimum of 1 bicycle.  The cycle parking rack is to be made available for customers and staff of the retail premises at all times.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The finished height of the building shall not exceed 15 metres above natural ground level, with no more than a 12m presentation to the beach.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the maximum allowable building height as required by either the conditions of approval or the Planning Scheme.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted, 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.
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.
The Development Permit for a material change of use of premises lapses if the use has not happened by 22 November 2013, unless an application to extend the currency is approved by Council.
Land Development

Acid Sulphate Soils
A report on the Identification and Mitigation of Acid Sulphate Soils, prepared in accordance with Part 6 of SPP2/02 Guideline: Planning and Managing Development Involving Acid Sulphate Soils is to be submitted for approval by the Manager Land Development 5 working days prior to the commencement of any new building works.
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Hastings Street frontage of the site with a maximum width of 5.1m at the property boundary. The access driveway within the site shall be a minimum of 3.2m.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
Car Parking
Carparking shall be provided within the site as shown on drawing number 2007-02 DA-01A dated 20/08/07 by Foster Designs, except as modified herein.
A minimum of 8 covered carpark spaces shall be provided on site, including 1 clearly defined disabled carpark space.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A for residential and staff spaces and for user class 3 for customers spaces as a minimum with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
Carspaces 4 and 5 as indicated on drawing number 2007-02 DA-01A dated 20/08/07 by Foster Designs shall be dedicated as “Staff” carspaces.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
A sign shall be erected at the carparking area end of access driveways advising vehicles exiting the site to “Give Way to Incoming vehicles”. The location and type of sign shall be clearly indicated on any plans submitted for Operational Works approval.
Frontage Works
Any damage or disturbance to the beach frontage or to the footpath, planter boxes and other street improvements in Hastings Street that occurs during the construction of the proposed development or occurs in the construction of any works necessary to connect the proposed development to Council’s services infrastructure shall be reinstated in accordance with the Hastings Street Masterplan with suitable matching materials to the satisfaction of Council’s Manager of Design. These reinstatement works are to be undertaken at no cost to Council and are to be completed prior to the commencement of the use permitted by this permit.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping in accordance with the Hastings Street Masterplan prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
Roof runoff from any new building shall be directed to a rainwater storage system or tank (minimum storage 3000 litres per dwelling/unit and the greater of 5000 litres or 15 litres/m2 of roof area for commercial uses) that is installed to ensure water from the tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works / Operational Works approval and any overflow shall be directed to the stormwater drainage system.
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures in Hastings Street.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Community Management Scheme for the development and a copy of this shall be provided for Council’s records prior to commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
All stormwater drainage lines including drainage within Hastings Street shall be inspected by closed circuit television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following satisfactory completion of construction works.  The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.  This charge is payable prior to the issue of Operational Works approval and will be determined on the unit rate basis current at the time of approval.
Sewer Mains
The property shall be connected to the existing house connection branch (HCB) located in south-eastern corner of the property.  Internal sewer drains are to be configured to provide for gravity flow to existing connection point. Connection to the sewer at rear will not be permitted.
The existing sewer and connection to the rear (northern boundary) shall be capped and abandoned by Council at Applicant’s expense at the time of demolition of existing structures on the site. The applicants and/or their contractor shall contact Council to arrange for capping and abandonment of the existing sewer.  The cost of these works shall be advised at the time of application for the works.
Deleted.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Any new water service, including a fire service if applicable, shall be constructed by Noosa Shire Council at the applicant’s expense. The cost of these works shall be advised at the time of application for the works.
Each individual water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by:
A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
Individual water meters to each tenement capable of being separately rated, and
A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer)
Deleted.
No building or other structure shall be constructed or encroach over an easement.
Earthworks
Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site should not affect the structural integrity of any of the existing fences and/or structures and/or buildings and/or services and/or lands that border the development site.  Fences that are affected shall be replaced at the cost of the applicant.
The use of vibratory equipment of any kind is not permitted to be used (including vibrating rollers and the use of vibrating installation techniques for sheet piling and other construction vibrations caused by excavating, earthmoving or demolition machinery or other similar construction techniques) unless approved and supervised by a Certified Geotechnical Engineer.  Under such circumstances the operator of such equipment shall at all times comply with the directions of the Geotechnical engineer.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
Should the recommendations of the geotechnical report require any part of the works (including excavation, retaining structures, tie backs etc) to be temporarily or permanently constructed within any adjoining property a letter of authority from the adjoining property should be obtained.
The excavation of the site and the construction of the proposed works should not have any adverse affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a Registered Professional Engineer Queensland should supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Construction Issues
A Traffic Management Plan for the each separate demolition and construction phase of the development shall be submitted to and approved by Council at least 5 working days prior to the commencement of any Demolition or Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan shall include but not be limited to:
59.1	Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the local roads as access to the site;
59.2	Indicate provision for on-site parking for the required workforce;
59.3	Indicate the location of any “holding” areas for heavy vehicles and
59.4	Operating hours
A Condition Survey should be carried out on adjoining buildings, structures and services prior to any excavation or construction works taking place on site.  If distress already exists, a photographic survey should be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Building Services
The works must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from damage and made safe to the standard required by the regulatory authority;
All infrastructure must be disconnected, capped or sealed including:-
electricity meters  removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the standard required by the regulatory authority;
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, must be removed from the building and disposed of in accordance with industry best practice.
Waste generated during construction must be stockpiled in a centralised location and covered as required to prevent material being blown onto adjoining properties including the road reserve or food waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly or via an approved waste receptacle and collection service.  Storage areas are to be located near the temporary access to the site so that access can be gained with out damage to infrastructure.
All building materials containing asbestos products must be disposed on in accordance with industry best practice.
A temporary crossing must be provided to protect road reserve infrastructure including kerb and channel;
Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
Sediment and erosion control measures must be placed on site prior to the works commencing and shall be maintained until all works are complete. The erosion and sediment control measures shall be in accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by Healthy Waterways (copy attached or available at www.healthywaterways.org).
All disturbed areas must be revegetated or otherwise stabilised at the completion of the works. Disturbed areas are revegetated using species identified in PSP3 – Landscaping Plants and Guidelines.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
A Waste Management Plan shall be submitted for the demolition to the Land Use Section of Noosa Council, prior to the development permit for building works being issued. The Plan shall contain the following information:-
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site *specify proposed reuse or onsite recycling methods	Off-site *specify contractor & recycling outlet	*Specify contractor & landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber – please specify				
Plasterboard				
Metals – please specify				
Asbestos				
Other – please specify				
Note * Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application. If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste.
Environmental Health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours.
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply with the cause above when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Trade Waste
A place of food preparation and/or cooking is to have the liquid waste connected to a Trade Waste line, that discharges to an approved grease arrestor of a size determined by Council’s Trade Waste Policy.
A completed Trade Waste application showing the Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be submitted to Council together with an applicable fee and two (2) sets of professionally drawn plans.
The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.  NB: A Trade Waste Permit must cover all types of Trade Waste discharged.
Trade Waste requirements are to be in place, inspected and approved prior to the commencement of trading or operation. The appropriate Trade Waste Permits will be issued following approval at final inspection.

REFERRAL AGENCIES

Referral Status	Referral Agency and Address
Concurrence	Department of Environment and Resource Management GPO Box 2454 BRISBANE  QLD  4001

APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval, prepared by Foster Designs Pty Ltd, are listed in the following tables:
Approved Plans
Plan No.	Rev.	Plan Name	Date
DA-01	B	Basement Level 0 Plan	15/05/2007
DA-02.1		Podium Level 1	15/05/2007
DA-02.2		Podium Level 1	15/05/2007
DA-03		Level 2 – Floor Plan	15/05/2007
DA-04		Level 3 – Floor Plan,	15/05/2007
DA-05	A	Roof Terrace Plan,	15/05/2007
DA-06	A	North Elevation	15/05/2007
DA-07	A	South Elevation	15/05/2007
DA-08	A	East Elevation	29/05/2007
DA-09	A	West Elevation	29/05/2007
DA-10		Long Section	29/05/2007
DA01	A	Roof Terrace and Roof Plans by Soul  Space Building Design	08/09/2015
DA02	A	Elevations  Plans by Soul  Space Building Design	08/09/2015

PLANS/DOCUMENTS REQUIRING AMENDMENT

Not Applicable

ADVISORY NOTES

The following advisory notes are for information purposes only and do not form conditions of approval.
Land Development
The applicant is advised that any development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Commercial  Business	169m² Use Area	Retail Business – Type 2 - Shop	100m² Use Area
Retail Business – Type 2 - Shop	100m² Use Area	Visitor Accommodation – Type 4 - Conventional	3 x 3 Bedroom Units
Digital detailed designs including drawings, calculations, specifications etc shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.  The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Environmental Health
Where any food premises is included in a development, the following is required:
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 Council’s Food Premises Policy and the Food Safety Standards. (Both available from Council)
Toilets for customers and staff to be provided in accordance with Building Code of Australia.  Obtain advice from a building certifier on numbers and standards, including disable access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises.
The operator of any beauty treatment and/or hairdressing business should comply with the Infection Control Guidelines of the Public Health (Infection Control for Personal Appearances Services) Act 2003.
The development should be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
All refrigeration plant including motors, should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
Building Services
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:-
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifiers responsibility to assess the requirements for fire services, fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.

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:
The Disability Discrimination Act 1992 (Commonwealth)
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:
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
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
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 3239 3647 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 Building Works
Development Permit for Operational 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 DESPITE CONFLICT WITH SCHEME

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.

OTHER DETAILS

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

DECISION NOTICE HISTORY 132007.1181	Original Decision Notice. - 22 November 2007 132007.1181 	Negotiated Decision Notice - 30 January 2008 132007.1181.01	Change to an Existing Approval - 19 October 2011 132007.1181.02	Change to an Existing Approval - 9 November 2015 With amendment to Condition 3

Yours faithfully

DENIS WALLACE
COORDINATOR - PLANNING

Encl. 	Appeal Rights
Approved Plans

cc	Unity Water

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

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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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