SUPERSEDED Decision Notice - MCU14/010 & OPW15/0051

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU14/0102 & OPW15/0051:
Your Reference:	14124

9 June 2015

Empirica Developments Pty Ltd
C/- DFS Group
PO Box 605
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 4 June 2015, Council decided to:
A.	Approve the application for Material Change of Use in full subject to conditions.
B.	Approve the application for Operational Works for Signage in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0102
Street Address:	139 Eumundi Noosa Road & 30 Lionel Donovan Drive Noosaville  Qld  4566
Real Property Description:	Lot 4 SP 159610 & Lot 31 SP 170751
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises for Industrial business Type 1 Warehouse; Industrial business Type 2 Production, alteration, repackaging & repairing; Retail business Type 2 Shop & salon; Retail business Type 5 Vehicle uses; Retail business Type 6 Hardware store; and Entertainment & dining business Type 1 Food & beverages.
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
Material Change of Use 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
DA-01-01	C	Site layout, prepared by Powe Architects	20/03/2015
DA-01-02	E	Site – Roof & Signage Location Plan, prepared by Powe Architects	1/04/2015
DA-02-01	B	Floor Plans, prepared by Powe Architects	18/03/2015
DA-02-02	B	Floor Plans, prepared by Powe Architects	18/03/2015
DA-03-01	C	Elevations, prepared by Powe Architects	20/03/2015
DA-03-02	C	Sections, prepared by Powe Architects	20/03/2015
SD-01	E	Landscape Concept Plan and Section, prepared by DFS Group	27/03/2015
SD-02	E	Landscape Concept Plan and Elevation, prepared by DFS Group	27/03/2015
SD-03	E	Design Intent & Suggested Plant Palette, prepared by DFS Group	27/03/2015
The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
The approved Gross Floor Area of the Service Station is 123m².
The approved Gross Floor Area of the Convenience Shop is 100m².
The approved Gross Floor Area of the Entertainment and Dining Business – Type 1 – Café is 137m² and 43m² of outdoor dining.
The approved Service Station and Convenience Shop may operate 24 hours.
The Entertainment and Dining Business Type 1 – Café may operate 24 hours.
At all times while the industrial businesses continue, retail sale of goods must remain an ancillary component to the use. The maximum area used for the purpose of display and retail sale of goods for an industrial use must not exceed 20% of the gross floor area.
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.
Landscaping
The development must be landscaped in accordance with the approved site plan and landscape concept plans, Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines and an Operational Works approval. In this regard the setback area to the Walter Hay Drive frontage must be densely landscaped to effectively screen the building generally as shown in Elevation B-B on the approved landscape concept plans.
Building Appearance
The northern roundabout elevation must incorporate painted graphics generally in accordance with that indicated on the approved plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
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.
Fencing and Walls
Any fencing to the road frontage must be set back at least 1 metre from the street boundary, and must have a minimum average setback of 2 metres to the street boundary. All land between the fence and the front property boundary must be densely landscaped.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
ENGINEERING
External Works
The full frontage of the subject site to Eumundi Noosa Road and Lionel Donovan Drive must be upgraded generally according to the approved plans.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of pedestrian concrete pathways in accordance with the requirements of The Noosa Plan and Council specifications.  Where necessary the new pathways must be extended beyond the frontage of the site to achieve grades in compliance with the current standards and smoothly connect to existing adjoining pathway.
adjustment to or the upgrade of any existing underground services where necessary
replacement of any damaged sections of the existing kerb and channel
installing new street signs and/or relocating existing signs as may be required in the final design
removal of any redundant property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and seed/turf for grassed verges as necessary
amendment and/or reinstatement of existing road linemarking
undergrounding existing overhead electricity connections to the site in accordance with the conditions of this Decision Notice.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Eumundi Noosa Road and Lionel Donovan Drive to all parking and manoeuvring areas of the development. 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
the relocation or modification to any existing services affected by the driveway construction
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveways to warn motorists of pedestrian movement along the frontage streets
Car Parking
A minimum of 67 car parking spaces and 8 motorcycle 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
a minimum of 3 disabled parking spaces 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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle 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:
4 HRV spaces
regular access for a semi-trailer (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 2 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Eumundi Noosa Road
a 1.5m wide concrete footpath within the road verge for the entire length of the site’s frontage to Lionel Donovan Drive and extending to join to the existing footpath to the south-west.
signage and lighting at strategic locations to direct people to building entries
pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient congregating of pedestrians waiting to cross major access driveways.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
A total of 15 bicycle parking spaces and suitable end of trip bicycle facilities must be provided for the development. End of trip facilities must be provided at the following rate:
1 locker per 2 bicycle spaces
1 shower cubicle with ancillary change room per 10 bicycle spaces or part thereof.
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 and be generally in accordance with the Stormwater Management Plan – Report No F0002-AA007595-AAR-05 – dated 30 March 2015 prepared by Hyder.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular bioretention devices which:
are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001
are provided with a free-draining outlet from the sub-soil drainage system
swales which are designed in accordance with the Water  Sensitive Urban Design Technical Design Guidelines for South East Queensland.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum.  Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Acid Sulfate Soils
All works must be carried out in accordance with an 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)
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 Powerlines
The existing overhead electricity connections to the site must be removed and any new connection service must be provided underground.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.  All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.
Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
ENIRONMENTAL PROTECTION – COMPLIANCE WITH GENERAL ENVIRONMENTAL DUTY WITH OPERATION OF SERVICE STATION* (refer to Advisory Notes)
General
Details must be submitted demonstrating how the Manifest Quantity Workplace (MQW) will comply with State interests (Workplace Health and Safety Queensland) for the design and operation of the service station. These details must be submitted and approved by Council’s Waste and Environmental Health Section, prior to the issue of a Development Permit for operational works.
Upon completion of the service station works and prior to its use, certification must be submitted from a suitably qualified and experienced person (environmental consultant) confirming the works meet compliance required by Manifest Quantity Workplace.
The operator of the service station must keep a copy of this development approval conditions relating to “Environmental Protection – Compliance with General Environmental Duty” on site, in a location readily accessible to personnel carrying out this activity.
The operator of the service station must keep at the premises all records and documents required to be kept by a condition of this development approval, for a period of at least 1 year, and make the records and documents available for examination immediately upon request by a Council authorised officer.
The operator of the service station must not change, replace or operate any plant or equipment installed, if the change, replacement or operation increases or is likely to substantially increase the risk of environmental harm.
Any visible light released must be of the appropriate type, and be positioned to ensure spill and obtrusive light does not exceed the recommended values of AS 4282 “Control of the obtrusive effects of outdoor lighting”, so as not to cause an environmental nuisance at or beyond the boundary of the property.
Notwithstanding any other condition of this development approval, this development approval does not authorise any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property.
Material safety data sheets for all chemicals used and/or stored with the service station operations, must be kept on site and be readily available for reference by personnel.
All instruments, equipment and measuring devices used for measuring or monitoring in accordance with any condition of this approval, must be calibrated, operated and maintained in accordance with the manufacturer’s specifications.
All employees must be trained upon hiring and regularly updated as necessary on their legislative responsibilities in relation to the general environmental duties involved with the operation of this service station.
The property must be supplied at both the Eumundi Noosa Road and Lionel Donovan Drive entry points, with an approved:
Outer warning placard with the word HAZCHEM.
Sign marked HAZMAT box inside both these front entry points containing an approved manifest of –
name of occupier and address location of premises
contact details of at least 2 persons who may be contacted in the event of a major accident
plan of premises showing location of tanks, essential site services including fire services and isolation points of fuel and power, and all drains.
type of underground tanks and their identification number or code
type of fuels and capacities.
Fuel storage
The underground petroleum storage system (UPSS) must be designed by a suitably qualified and experienced person, and a copy of the design certification must be provided to Council prior to issue of development permit for operational works.
The underground storage tanks must be designed and constructed of a standard not less than that required by AS1692 “Tanks for the storage of Flammable and Combustible Liquids”. A certificate of compliance shall be provided by the manufacturer of the tanks prior to use of the tanks.
The underground tanks must be installed in accordance with AS 1940 and AIP Code of Practice CP4 Code of Practice for Design, Installation and Operation of Underground Petroleum Storage Systems.  A Certificate of Compliance from a suitably qualified and experienced person must be provided to council prior to operation of the service station.
All electrical wiring and equipment located in a hazardous zone including dispensers, must comply with relevant Australian Standards. A Certificate of Compliance from an approved electrical contractor must be provided to Council prior to operation of the service station.
The underground tanks together with their anchorage and piping must be protected from corrosion by one or more of the following methods:
approved long life protective coatings or wrappings
corrosion resistant materials of construction e.g. FRP.
Consideration must be given to the corrosion history of the area in the selection of type of protection to be used.
Underground tanks must be separated from each other by not less than 150mm.
Secondary containment for product piping must be double-walled piping with an interstitial space. The manufacturer is to provide a written specification and performance warranty certifying compliance with AIP Code of Practice.
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.
All pipe work and equipment must be located so that it is protected against impact damage from vehicles or mobile plant, and must not cause excessive stress where connected to the tank.
The portion of the vent pipes located below ground for the underground tanks must:
be located not less than 300mm below ground level
be surrounded by clean washed sand
be suitably protected if the area is subject to vehicular traffic
be designed and installed to provide flexibility to accommodate settlement
fall consistently back to the tank at a slope not less than 1 in 100
be of a size in compliance with AS 1940.
The vent pipes for the underground tanks must terminate in an approved vertical or horizontal discharging vent cap not less than:
2 metres above the roof line
4 metres above the level of the ground covering the tanks
4 metres laterally from any opening into a building (e.g. window, door, ventilator, air-conditioner, mechanical vent intake, etc).
The discharge end of a vent must be protected from the ingress of foreign material with a protective mesh or fitting and must discharge upwards.
The free standing vent pipes must be protected from damage during normal operations.
The pressure-vacuum vent must not be fitted to an underground tank.  A free vent in accordance with AS 1940 must be fitted.
The UPSS must not be commissioned until a suitably qualified and experienced person provides council with a written certification that the installation complies with the previously certified design.
Following installation of the UPSS, an equipment integrity test must be carried out in accordance with the directions of a suitably qualified and experienced person, and a copy of the test certificate is provided to Council prior to use of equipment.
Operational
A Safety Management Plan must be developed and implemented for the operation and maintenance of the UPSS that includes both tanks and piping.  The plan must include systems and procedures for preventing and monitoring for spills and leaks, and the appropriate response plan to these events.  The management system must incorporate the following components:
objectives and targets to comply with all relevant legislation
hazard identification and risk assessment
details of the UPSS design and installation details (tank sizes, contents, location of all relevant infrastructure)
list of industry standards complied with for the design, installation and operation of the system
plans of the system and site
leak prevention measures
loss monitoring procedures
system maintenance procedures
emergency spillage response plan
loss investigation and notification procedures
record keeping
training requirements and records
information on ownership and occupation of both the site and the UPSS, including specific contractual/franchise arrangements, defined responsibilities and relevant contact details
procedures for the immediate rectification and remediation of any detected contamination
The safety management plan must be fully documented and made available onsite at the service station.  The plan must be submitted to council prior to use of the service station. All testing and monitoring results must be documented accordingly and provided to Council upon request.
An Emergency Spillage Response Plan for spilt fuels and other hazardous materials must be developed as part of the Safety Management Plan and implemented at the service station.  The plan will establish procedures to respond to identified hazards and to contain and dispose of spilt chemicals.  All spilt materials must be contained to prevent the spread of the material, the affected area cleaned, and the material recycled, reused or disposed of in a manner that prevents contamination or further contamination of the ground surface, ground waters or soil.  The plan must include but not be limited to the following matters:
all actions to be taken by staff upon discovery of an incident
activation of emergency shut-off systems
use of spill clean-up kits
covering of drain entrances and bunding of impacted waterways
notification of emergency services where necessary
an accurate set of drainage plans which identify all containment and treatment systems and all potential points of access to Council stormwater infrastructure.  Drainage plans must clearly trace the flow of any potential spillage and shall identify the location of the outlet point (e.g. creek, river, etc).  A copy of the drainage plan must be placed in the two (2) HAZMAT boxes for the use of emergency responders
a flow chart providing an overview of actions to be taken in the event of a spill must be prepared and posted in a clearly visible location.  It must include a list of emergency telephone numbers
notification of council as soon as practicable where a spill presents actual or potential environmental harm (e.g. a spill that leaves the property and enters stormwater or natural drainage systems). In this regard notification must also include but not be limited to the following:
the time the registered operator of the activity became aware of the release;
the suspected cause of the release;
the potential environmental harm and or environmental nuisance caused, threatened, or suspected to be caused by the release; and
actions taken to prevent any further release and to mitigate any environmental harm and or environmental nuisance caused by the release.
Fuel dispensing area and forecourt
All ground surfaces within fuel dispensing areas must be made of impervious material such as concrete or equivalent (asphalt is not suitable), and must be maintained free of gaps or cracks.
All non-fuel dispensing forecourt surfaces not under canopy must be made of impervious material such as concrete or equivalent (asphalt is considered suitable for non-dispensing areas), and must be maintained free of gaps or cracks.
Fuel dispensing areas must be clearly delineated from other forecourt areas by measures including but not limited to painted lines on the ground, roll-over bunds and/or different coloured concrete.  Fuel dispensing areas must be designed so that no vehicle may be refueled outside the delineated areas.
Drainage inlets located in the vicinity of the general forecourt area must be provided with signage indicating the fate of flow such as “flows to creek” or “flows to treatment system”.
All hazards associated with bulk fuel delivery operations must be identified and managed and measures must be taken to prevent spills from entering Council’s stormwater infrastructure or otherwise leaving the site.
Forecourts must not be hosed down or cleaned with the use of emulsifying detergents.  Dry cleaning methods appropriate for forecourt include industrial class brooming, mechanical or powered sweepers, industrial vacuum units or absorbents.
Leakage or spills of oils and/or other fluids from vehicles entering forecourt areas must be cleaned up as soon as practicable to prevent access of contaminants to stormwater drains.
Spill kits must be provided and maintained in strategic locations.  They must be appropriate in size, type and equipment to the identified hazards.  Kits must consist of but not be limited to the following:
oil absorbent materials
impervious drain covers
drip trays
spades, funnels
hydrocarbon compatible containers
appropriate PPE.
All dispensing installations must be provided with a clearly identified switch or circuit-breaker which will enable the power to be shut-off to all dispensing units at a location remote from any dispensing unit and easily accessible in an emergency.
A prominent sign must be provided on or near the dispenser with letters marked at least 50mm high with the words “STOP ENGINE – NO SMOKING”.
An installation in which a dispenser is operated by a customer under the observation of a central supervisor or attendant must incorporate the following features:
a control console located within 40 metres of each of the units so that the operation of each unit by the customer is visible to the attendant either by direct vision or by means of a mirror or mirrors, or the equivalent
a control console switch that will cut off the operation of each unit at any time
a telephone at the control console for use in an emergency
the dispensing unit must not be operable unless the attendant is on duty at the control console
the delivery nozzle for any dispenser of fuel must be of a type that cannot be latched open during delivery (e.g. fuel caps, keys or any other device).
The delivery nozzle for the dispensers must incorporate the following features:
a device that automatically shuts off fuel flow when the level of the liquid in the receiving vessel reaches the end of the nozzle.
must be so designed that fuel flow is shut off and remains shut off if the nozzle is dropped onto a non-resilient surface from a height of 250mm or greater.
must incorporate a safety device (safety cut-out attitude valve) so designed that the fuel flow is shut off and remains shut off if the nozzle spout is tilted above horizontal from its normal operating position.
nozzle/hose assembly must be capable of dissipating any static electricity charge generated during filling.
Two (2) units of 9kg AB(E) dry chemical fire extinguishers must be provided for the fuel dispensing installation. The units must be spaced within the dispensing area in easily accessible positions.
Spills and leaks from the dispensing area and tank filling point must be directed to a spillage control system with a holding tank capacity of at least 20,000 litres.  The covered fuel dispensing area must be paved and graded such that any runoff is captured by the system.  The design must ensure that stormwater does not ingress this area.
Leak detection for fuel tanks
All reasonable and practicable measures must be taken to prevent loss of containment from the UPSS.  An approved leak detection system must be installed and operated at sufficient frequency, sensitivity and reliability to provide a high level of confidence that a release of a petroleum product will be detected in sufficient time for a response to be implemented before an unacceptable risk is posed to human health, property or the environment.  As a minimum standard, all UPSSs are required to be monitored using a system that:
can detect a leak from any portion of the UPSS
uses equipment that has been installed, calibrated and commissioned in accordance with the manufacturer’s instructions
is capable of detecting a leak at a rate of 0.76 litres per hour or more, with at least 95% accuracy and a probability of false detection of 0.05 or less (USEPA)
has been certified by an independent third party consistent with the current USEPA protocols and system of verification
reports with a frequency of not less than monthly and provided to Council upon request
is operated by a suitably trained person.
Integrity testing UPSS
The service station operator must establish, implement, maintain and review procedures for the maintenance, inspection and testing of UPSS.  Procedures must ensure that equipment and infrastructure is maintained in accordance with manufacturer’s specifications and relevant Australians Standards.
Equipment integrity tests of the UPSS is to be undertaken in accordance with the AIP Code of Practice at the following times:
immediately before commissioning the new UPSS
immediately following any upgrade to the UPSS
immediately before installing a cathodic protection system on an existing tank
immediately following installation of re-used equipment
immediately following any equipment retrofit
immediately following any repair to 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 the equipment integrity test must be provided to council when requested 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.
Ground water monitoring wells
The design and installation of ground water monitoring wells around the service station must be by a suitably qualified and experienced person.  That person must provide the operator with a list of the industry standards that have been followed in connection with the design and installation.  Copies of the design and installation certificates must be provided to Council prior to use of the service station.
The number and location of the ground water monitoring wells must be determined by a suitably qualified and experienced person, with a view to maximizing 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 service station
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 contamination 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.
Vapour recovery
The design and installation of Stage 1 Vapour Recovery System to the service station must be by a suitably qualified and experienced person and comply with the following:
installed for all fuel storage tanks to return vapour displaced during filling
mixing of product must be prevented in pipework common to more than one tank
spring-loaded vapour return adaptor that closes when the hose is disconnected must be installed in the top of the riser
vapor recovery point must be located within 2 metres of the respective fill point.
Establish, implement, maintain and review procedures for the operation and maintenance of the system.
De-commissioning UPSS
UPSS may be temporarily decommissioned for a period of up to 2 years.  During this time the tank must be filled with water mixed with a water-miscible corrosion inhibitor (as per manufacturer’s instructions), or made safe by other approved methods in accordance with the relevant Australian Standards and Workplace Health and Safety Qld.
Council must be notified when any tank is temporarily decommissioned.  Before the tank can be reused that system must undergo equipment integrity testing to ensure tightness and certification submitted to council.
Where more than 2 years elapses since a tank were decommissioned, the UPSS must be permanently removed in accordance with the relevant Australian Standards and Workplace Health and Safety Qld.
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 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.
Air
The release of noxious or offensive odours or other airborne contaminants, including particles, smoke, fumes and aerosols resulting from the service station, must not cause environmental harm to any occupier of the property or beyond the boundary of the property.
Noise
The emission of noise from the service station operation must 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 LIMITS AT A 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 the administering authority, monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority and be carried out by a suitably qualified and experienced person. Once completed, the results of such monitoring must be submitted to the administering authority for review.
Water
The service station operation must not be conducted in a manner that may cause the contamination of surface storm water run-off.
Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or water except for:
Uncontaminated overland storm water flow.
Uncontaminated storm water to the storm water system.
Contaminants lawfully released to sewer.
Waste
Wastewater and other liquid waste must be discharged to sewer or transported to an approved hazardous waste facility.  The operator must comply with the conditions of a current trade waste permit and/or conditions to collect and transport regulated waste to an approved hazardous waste facility.
All solid waste must be removed to an approved waste facility by an approved waste transporter.
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
all spent media and contaminants must be removed off site and disposed of at either a lined landfill or a hazardous waste treatment facility
liquid waste, gas cylinders or hazardous fines must not be disposed of into an industrial waste bin.
All reasonable and practicable measures must be taken to ensure the waste storage area is kept to a standard of cleanliness where there is no accumulation of:
waste, except in waste containers
recycled matter, except in containers
grease
other visible matter
ENIRONMENTAL PROTECTION – WHOLE DEVELOPMENT
Waste
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Environmental Health Section, prior to issue of development permit for operational works. (*refer to Advisory Notes)
The Plan must include the following information: -
the types of wastes that will be generated from the activities approved within the development
estimated volumes or tonnage of both recyclables and waste generated
methods to be used for dealing with garden waste
initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor
a description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash
a description of types and volume of waste storage containers to be used
the waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, Styrofoam boxes, etc, and bin washing facilities connected to sewer
a detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
A Waste Management Plan (Construction and Demolition) in accordance with Planning Scheme Policy No. 11 Waste Management Plans must be submitted and approved by Council’s Waste and Environmental Health Section, prior to issue of a development permit for operational works for demolition, removal or relocation of any building. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. (Refer to Noosa Council Waste Management Code)
The Plan must contain the following information:
the site area for the storage and separation of waste
a waste management table as indicated below must be completed showing how waste material is to be segregated - recycled – reused or disposed.

MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste.

Operational Works Conditions
Advertising devices 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
DA-01-02	E	Site – Roof & Signage Location Plan, prepared by Powe Architects	1/04/2015
DA-05-01	C	Signage Schedule, prepared by Powe Architects	01/04/2015
Advertising devices authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for any civil works onsite.
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following:
one freestanding pillar sign per frontage with a maximum height of 5m. Any pillar sign fronting Walter Hay Drive must be setback half its height from the boundary.
tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not exceed a single sign face area of 4m²  and a maximum total sign face area of 10m² each.
one illuminated sign per frontage.
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising).
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved illuminated sign must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station illuminated sign which may remain on during trading hours.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
Cessation of Use
The approved signs must be removed from the site upon cessation of an associated use.
referral agencies
Nil.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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 Planning Assessment to arrange a Development Compliance Inspection.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $150,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. 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 amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
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:
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
maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
proposed 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.
Qualified Person
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
Qualified Person
For the purposes of these development approval conditions relating to “Environmental Protection – Compliance with General Environmental Duty with the Operation of the Service Station”, a “suitably qualified and experienced person” means a person who has such competence and experienced in relation to that activity as is recognised in the relevant industry as appropriate for that activity. A suitably qualified and experienced person includes personnel that have been trained, authorised and accredited by the manufacturer of a specific item of equipment and/or process. Only a suitably qualified and experienced person can test, repair and reset the equipment after a fault.
Building Works
Noise from building works shall 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.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either: (a) a Registered Professional Engineer of Queensland, or (b) an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Acoustic Advice & Design
It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994.  Attention should be given to the following (but not limited to):
Building design and construction.
Design, selection and installation of fixed plant and equipment.
The location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc.
The use of acoustic enclosures/screens around noisy plant and  equipment.
Operating times.
Environmental Protection
The service station operator should comply with the relevant provisions and regulations made under the Environmental Protection Act 1994 Act:
Must comply with the general environmental duty (section 319).
Must notify the administering authority of any environmental harm (section 320-320G).
Not cause serious or material environmental harm (sections 437-439).
Not cause an environmental nuisance (section 440).
Not deposit prescribed water contaminants in waters and related matters (section 440ZG).
Not place a contaminant where environmental harm or nuisance may be caused (section 443).
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to 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.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining exactly how to predict waste quantities and design waste areas is available from Council and the web.
Environmentally Relevant Activity (ERA)
Where any part of the premises is proposed to be used for an industrial purpose defined as an environmentally relevant activity under the Environmental Protection Act 1994 (e.g. plastic manufacturer, etc), a separate development approval and registration is required prior to commencement of that use.
Food Premises
The following is required for the proposed food 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 must comply with the Toolbox fixed premises fit out guide and the Food Safety Standards.  See www.lgtoolbox.qld.gov.au
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All Building Works)
Development Permit for Operational Works (Access, carparking, stormwater, frontage works, earthworks and landscaping
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
14 Properly Made Submissions were received.
reasons/grounds for approval
The following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The convenience shop will fulfil a demonstrated need for convenience shopping within the area.
The convenience shop is well located on Noosa’s major road network to capture some escape expenditure by servicing the convenience needs of the travelling public.
The café’ is suitably located to meet the convenience needs of the workers of the industrial estate and the travelling public, and provide an all hours food venue for the Noosa area.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Adopted Infrastructure Charge Notice
Approved Plans/Documents
List of Submitters & Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))
Peter Thomas	PO Box 1086	Noosa Heads  Qld  4567
Bill Proud	9 Seafarer Crt	Castaways Beach  Qld 4567
Coen Oort	11 Seafarer Crt	Castaways Beach  Qld 4567
P Fuge	30 Talara Crt	Tewantin  Qld 4565
James Grant	14 Silkwood Dr	Noosaville  Qld  4566
John Hedgman	8 Sangrass Ave	Peregian Springs Qld  4573
Trudi Williams	8 Bertrand Rd	Sunrise Beach  Qld  4567
Matt Green	8 Liberty Pl	Sunrise Beach  Qld  4567
Geoff Meyer	24 Lionel Donovan Dr	Noosaville  Qld  4566
Peter Brewer	PO Box 1127	Noosa Heads  Qld  4567
Kari Martin	1/10 Ferguson St	Sunshine Beach  Qld  4567
John Scott Madill	2 Lionel Donovan Dr	Noosaville  Qld  4566
Nigel Hughes – Noosa Pit Stop	139 Eumundi Noosa Rd	Noosaville  Qld  4566
Robyn Prowd	[email protected]	
Peter Thomas	PO Box 1086	Noosa Heads  Qld  4567

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

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

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

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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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