MCU24/0084 Material Change Of Use - Function Facility – 658 Louis Bazzo Drive, Ringtail Creek · Attachment 1 - (MCU24 0084) - Proposed Conditions

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          Type of Event                          No. of Guests      Maximum No. events per year

          Weddings/Functions                     Up to 150          72

          Weddings/Functions-Micro/Elopement     Up to 20           12

          Long Lunches                           Up to 100          3

          Wellness/Nature Retreat                Up to 20           4

          Corporate Retreat                      Up to 50           5


7.    The approved use must be conducted entirely within the location identified on the Approved
      Plans and vehicle parking, loading and unloading of vehicles must occur within the
      driveway and parking areas and associated manoeuvring areas in accordance with the
      Approved Plans.
8.    Functions are limited to the hours of 11.00am to 10:00pm inclusive of provision of amplified
      music/sound.
9.    All guests must have vacated the premises by no later than 10:30pm.
10.   Functions must not occur on a gazetted Queensland public holiday, or on a Sunday unless
      followed by a gazetted Queensland public holiday.
Acoustic Amenity
11.   The operation of the function facility must be in accordance with the approved noise report
      ”Environmental Noise Level Impact Assessment for Proposed Wedding and Events Facility,
      658 Louis Bazzo drive, Ringtail Creek” David Moore and Associates ,Report No:
      R24041/D3877/Rev.2/31.08.24 dated 31 August 2024, and as amended by these
      conditions.
12.   Amplified music or entertainment must be controlled at all times to comply with the noise
      limits of the approved Environmental Noise Level Impact Assessment.
13.   Use of the generator must be controlled at all times to comply with the noise limits of the
      approved Environmental Noise Level Impact Assessment.
14.   Amplified music associated with the approved use must not operate outside the hours of
      11am to 10pm during the use of the function facility.
15.   Noise from site operation inclusive of patrons and/or amplified music must not exceed 39
      dB(A) LAeq,adj,15min. external to any offsite residence (noise sensitive receiver).
16.   Prior to commencement of use construct a 1.8 metre high by 30 metre long acoustic barrier
      in the location shown on Figure 9 of the approved noise report. This acoustic barrier must
      be at least 1.8 metres high relative to existing ground levels, be continuous and gap free
      and have a minimum surface area density of 12.5 kg/m2. This minimum surface area
      density can be achieved by the following examples of materials of construction:

      •       earth mound;
      •       concrete;
      •       brick or blockwork;
      •       sheet metal a minimum 2.0mm thick;
      •       fibrous cement sheeting a minimum 7.5mm thick;

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      •     overlapping timber paling fence, for example, 23 mm thick palings 100 mm wide
            overlapped a minimum 20 mm each side;
      •     any combination of the above.

17.   Prior to commencement of use submit to Council for approval a Noise Management Plan
      which documents the noise control measures and restrictions to inform the operators/staff
      of noise compliance requirements.
18.   Where complaints (other than frivolous or vexatious complaints) are made to Council about
      noise from the approved use, Council may require the site management entity to:
      a.    submit a Noise Impact Assessment prepared by a suitably qualified, and/or
      b.    undertake further noise amelioration measures or operations, install volume limiting
            devices or barriers and/or shield or relocate mechanical plant and equipment and
            have such measures certified by a suitably qualified person.
19.   Prior to commencement of the use, certification must be submitted to Council from a
      suitably qualified person that the development has been constructed is in accordance with
      report “Environmental Noise Level Impact Assessment for Proposed Wedding and Events
      Facility, 658 Louis Bazzo drive, Ringtail Creek” David Moore and Associates ,Report No:
      R24041/D3877/Rev.2/31.08.24 dated 31 August 2024 and the Acoustic Amenity conditions
      of this development approval including construction of the 1.8 metre high by 30 metre long
      acoustic barrier.
Lighting Amenity
20.   Lighting associated with the use must be designed, sited, installed and tested to comply
      with AS 4282 – “Control of the obtrusive effects of outdoor lighting”.
21.   Certification must be submitted to Council from a suitably qualified person that all lighting
      devices comply with the requirements of this development approval.
Operational Management Plan
22.   An amended Operational Management Plan must be submitted to Council for approval
      prior to the issue of any Operational Works approval. The Operational Management Plan
      must be amended to reflect the requirements of the conditions of this approval and must
      also include, but not be limited to
      a.    maximum number of guests permitted on site;
      b.    operating hours and curfews;
      c.    use and management of outdoor areas to not cause a noise nuisance;
      d.    delivery and collection arrangements, food and catering equipment, musical
            equipment, portable ablution facilities and any other equipment brought onto the site;
      e.    expectations of patron and staff behaviour including use of toilet facilities at all times;
      f.    any penalty associated with transgressions; and
      g.    a statement acknowledging the site’s location within a rural area and that:
            i.    the approved use of the subject land for a Function facility is not intended to
                  compromise the use of adjoining land for existing or future lawful rural activities;
                  and

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           ii.    on the day of the function, guests may experience reverse amenity impacts
                  associated the use of adjoining land for existing or future lawful rural activities
                  (for example rural noise associated with cropping).
23.   The approved Operational Management Plan must be provided to all clients prior to them
      making a function reservation.
24.   Where complaints (other than frivolous or vexatious complaints) are made to council about
      noise from the approved use, council may require the Operational Management Plan to be
      updated.
25.   A complaints management procedure for the site must be prepared and submitted to
      Council prior to the commencement of use. The complaints management procedure must
      include the following:
      a.   a contact person with whom complaints can be lodged
      b.   a clearly defined procedure for responding to, investigating and resolving complaints,
           and
      c.   a notification protocol to all complainants of the outcome of complaint investigations.
      A record of all complaints and investigation results including corrective actions must be
      maintained and made available for inspection at any time upon request by Council.
26.   The operator/on-site manager must be on the premises at all times while a function is
      occurring, including the day and night of the event.
27.   Except in the case of a lawful rural or emergency purpose, or unless approved otherwise
      by Council’s delegate, helicopters or other aircraft must not land or take off from the
      property at any time.
28.   Fireworks and lasers are not permitted at any time.
29.   Service vehicle movements associated with non-residential uses on the premises (including
      loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
      and not at all on Sundays or public holidays. The requirements of this condition must be
      included in the Community Management Statement for any body corporate for the subject
      site.
30.   All forms of accommodation including camping is not permitted on the premises.


Building Appearance
31.   All mechanical equipment and other service infrastructure located on the site must be fully
      enclosed or screened such that they are not visible from the street frontage/s, other public
      space, or adjoining properties.
Building Height
32.   The maximum height of the development must not exceed 5m above natural ground level.
Street Identification
33.   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 property/venue name.

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ENGINEERING
Property Access and Driveways
34.   A sealed access (i.e., concrete, bitumen) must be provided between the property boundary
      fronting Louis Bazzo Drive to all parking and manoeuvring areas of the development. The
      works must be undertaken in accordance with an Operational Works approval and be
      generally in accordance with Blackburne Jackson’s Site Master Plan (DA02, Rev. 06) dated
      30 July 2024.
35.   Approval from the Department of Transport and Main Roads for the final design of all works
      within the road reserve (i.e., driveway crossover, road treatments, etc.) must be submitted in
      writing to Council prior to the issue of any Development Permit for Operational Works.
On-site Parking
36.   A minimum of 50 car parking spaces must be provided and marked on the site. The works
      must be undertaken in accordance with an Operational Works approval, be generally in
      accordance with Blackburne Jackson’s Site Plan – Wedding Venue (DA03, Rev. 06) dated
      30 July 2024 and must include in particular:
      a.   4 staff parking spaces within the total, which are clearly marked for that purpose;
      b.   pedestrian routes in accordance with the conditions of this Decision Notice;
      c.   2 coach parking spaces, which are clearly marked for that purpose;
      d.   1 disabled parking space/s within the total; and
      e.   dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
           Parking Facilities.
37.   A minimum of four motorcycle/scooter parking spaces must be provided and marked on the
      site and made available and accessible at all times while the use is open for business. The
      works must be undertaken in accordance with an operational works approval and must
      include in particular dimensions, crossfalls and gradients in accordance with AS 2890 -
      Parking facilities.
38.   All on-site parking areas and access driveways must be maintained exclusively for vehicle
      parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
39.   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:
      a.   regular access for a front-loading Waste Collection Vehicle; and
      b.   regular access for a 14.5m bus.
Pedestrian and Bicycle Facilities
40.   Pedestrian and bicycle facilities must be provided for the development, as noted below. The
      works must be undertaken in accordance with an operational works approval and must
      include in particular:
      a.   pedestrian pathways between the proposed car parking area and the building/s; and
      b.   adequate separation of all specific pedestrian routes from vehicle access and
           manoeuvring areas, and clear demarcation by pavement marking, signposts or
           changes in surface materials or levels.
      c.   a minimum of 7 visitor bicycle parking spaces, in accordance with AS 2890.3 – Bicycle
           parking.

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Stormwater Drainage
41.   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 Morgan Consulting’s Site Based Stormwater
      Management Plan (SBSMP, Rev. 2) dated 26 June 2024, and must include in particular:
      a.    An assessment (and upgrade, if deemed necessary) of the interface between the
            existing dam drainage outlet and the proposed fire egress road.
Easements
42.   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.
27.   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.
28.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
29.   All works must be carried out in accordance with a Geotechnical Report (or part thereof)
      prepared by a qualified person* and endorsed through an Operational Works approval.
      *(Refer to Advisory Note)
Earthworks and Retaining Walls
30.   All earthworks and associated retaining structures/batters, both above and below ground,
      both temporary and permanent, must be undertaken in accordance with an Operational
      Works approval, be generally in accordance with Morgan Consulting’s Concept Bulk
      Earthworks Plan (C01, Rev. A) dated 12 June 2024 and contained entirely within the subject
      site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
31.   Any damage caused to existing services and assets as a result of the development works
      must be repaired at no cost to the asset owner at the following times:
      a.    where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
            or
      b.    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.
ECOLOGICAL
Land Rehabilitation
32.   A vegetation protection covenant must be registered against the title of the property over the
      area identified as Vegetation Community 1 and 4 on the approved plan Titled Ecological
      Values Plan, EV01, Rev 1, dated 25/06/24 found in the Ecological Assessment Report v1
      pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey
      plan must be submitted to Council for endorsement prior to lodgement with the relevant titles
      authority for registration of title. The covenant document must:
      a.    incorporate the requirements of this Decision Notice
      b.    include Noosa Council as Covenantee
      c.    reference Queensland Land Title Registry Standard Terms Document No. 715597513.

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33.   If a provision included in the covenant document is requisitioned or refused registration by
      the relevant titles authority, a substitute provision must be included in the document which
      as nearly as practicable addresses the objective sought by the requisitioned or refused
      provision. The wording of the substitute provision must be agreed by Council.
Bushfire Management
34.   The development must be carried out in accordance with the Bushfire Hazard Assessment
      and Management Plan v2, reference J001313, prepared by North Coast Environmental
      Services, dated 26 June 2024, as listed within this Decision Notice.
35.   Water supply for firefighting purposes must be provided in accordance with section 5.3 of the
      Bushfire Hazard assessment and management Plan v2 listed within this Decision Notice.
36.   Emergency passing bays must be provided to the primary and emergency access routes
      every 80 metres in accordance with section 5.5 of the Bushfire Hazard assessment and
      management Plan v2 listed within this Decision Notice.
37.   The development must be carried out in accordance with the Bushfire Emergency Response
      Plan v2 listed within this Decision Notice listed within this Decision Notice.
38.   The primary and alternative evacuation routes must be upgraded in accordance with
      Sections 8.1 and 8.2 of the Bushfire Emergency Response Plan (v2). The upgrade to the
      evacuation routes must be prepared by a suitably qualified person (RPEQ), be undertaken
      in accordance with a Operational Works approval and cater for the types of vehicles expected
      to access the site (i.e., 2WD, MRV, passenger bus, etc.).
39.   A copy of the Bushfire Emergency Response Plan listed within this Decision Notice must be
      provided to the nearest fire authority.
40.   Prior to the commencement of use certification must be submitted to Council from a qualified
      person* which certifies that the development has been constructed in accordance with the
      bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
ENVIRONMENTAL HEALTH
Waste Management
41.   The collection of waste is to be through a contractual agreement with Council’s preferred
      contractor.
42.   Refuse storage, removal and collection facilities must be provided in accordance with the
      following:
      a.   provision of a minimum of two (2) 1100L industrial bins for general waste, and two (2)
           1100L industrial bins for recyclable waste for the development;
      b.   collection by service vehicles from the designated area within the carpark only in a
           safe, efficient and unobstructed manner;
      c.   provision of a hardstand impervious area for the permanent storage location of all
           industrial bins;
      d.   site management entity to present all industrial bins at designated area on refuse
           collection day;
      e. provision of a 1.8m high purpose-built enclosure to the bin storage area, which is screened
      from the street and adjoining properties by landscaping; and provision of a readily accessible
      wash-down area in the vicinity of the permanent bin storage area fitted with a hosecock, bin
      roll over bund, and drain connected to the onsite effluent disposal system that has a
      stormwater catchment area of no more than 1m2.

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Potable Water
43.   The development must be provided with a safe and adequate potable water supply system
      with a capacity of at least 46,000 litres.

Effluent Disposal and Ablution Facilities
44.   The development site must be provided with permanent ablution facilities consisting of a
      toilet and washing facilities that are made available to guests at all times while a function is
      occurring.
PROPERTY NOTES:
MCU24/0084 – Vegetation Protection Covenant
1.    A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to
      occur within the covenanted area, except where in accordance with the terms of the
      covenant.
MCU24/0084 – Bushfire Management
2.    To ensure the safety of people and property on this property is maintained, all buildings and
      structures must be sited and/or constructed in accordance with the bushfire management
      conditions of Council Approval MCU24/0084 and associated Operational Work approvals.