MCU13/2051 - Decision Notice · MCU13/0251

Officer:	Jack Lewis
Direct Telephone:	5329 6236
Our Reference:	MCU13/0251
Your Reference:	n/a

30 May 2014

Scanlon Property Group
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH  QLD  4573

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 29 May 2014, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU13/0251
Street Address:	215 David Low Way Peregian Beach  Qld  4573
Real Property Description:	Lot 77 SP 231615
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 - Retail business Type 2 - Shop, Entertainment & dining business - Type 1 Food & beverages, Commercial Type 1 Office
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
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of the Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below, unless otherwise amended by the conditions of approval.
Plan No.	Rev.	Plan Name	Date Submitted
DA-03	2	Site Plan, prepared by Red Door Architecture	27/03/2014
DA-04	2	Ground Floor Plan, prepared by Red Door Architecture	27/03/2014
DA-05	2	Elevations, prepared by Red Door Architecture	27/03/2014
DA-06	2	Elevations, prepared by Red Door Architecture	27/03/2014
DA-07	2	Sections, prepared by Red Door Architecture	27/03/2014
DA-08	2	Diagrammatic Perspectives, prepared by Red Door Architecture	27/03/2014
DA-09	2	Perspectives, prepared by Red Door Architecture	27/03/2014
DA-10	2	Perspectives, prepared by Red Door Architecture	27/03/2014
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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.
Business Uses
The Retail Business Type 2 – Shop, and Entertainment & Dining Business – Type 1 Food & Beverage must not operate outside the hours of 7am to 9pm. Any restaurant uses must not operate outside the hours of Sunday to Thursday 7am to 10pm, and Friday and Saturday 7am to 12 midnight.
Service delivery vehicles must not conduct deliveries outside the hours of 6am and 9pm.
The tenancies are to have a minimum of 50% transparent glazing fronting the internal carpark.
Advertising Signage
Any advertising sign or device is to comply with Council's policies on advertising, alternatively, an application for Operational Works (Signage) is required for any signage in excess of this requirement. The proposed advertising signage on the plans listed within the decision notice is not approved.
Design
The development must be finished in muted tones which blend in with the natural surrounds. The buildings must be finished with the mix of materials and details identified within the approved plans.
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.
Fire Management
The development must be carried out in accordance with the recommendations of a Bushfire Management Plan prepared by a suitably qualified person and an approval for Operational Works.
Certification must be submitted from a suitably qualified person which certifies that the recommendations of a Bushfire Management Plan approved by Council have been incorporated into the development.
A copy of the Bushfire Management Plan approved by Council must be provided to the nearest fire, ambulance and police station.
Koala Management
The development shall be carried out in accordance with the management measures recommended in the Koala Habitat Management Report Solutions Report dated June 2010.
Bicycle Parking & End of Trip Facilities
Secure bicycle racks shall be provided on site to accommodate a minimum of 18 bicycles. The cycle parking rack is to be made available for customers and staff at all times during business hours.
End of trip facilities shall be provided for staff and shall include a minimum of 4 lockers and a minimum of 1 shower cubicle.
Acoustic Report
An acoustic report prepared by a suitably qualified person is to be submitted and approved by council prior to the issue of the Decision Notice for Operational Works.  The acoustic report is to address all potential noise sources from the proposed development and demonstrate that –
mechanical equipment such as ventilation, air conditioning, refrigeration, fans, plant rooms, refuse compactors and pumps etc. and
vehicle movements from waste collection activities and delivery of goods (including refrigerated vehicles, engine noise, fork lifts, compactors etc.) to the service yard and dock area
will not cause an environmental nuisance to the future residential uses on the balance of the site and the existing nearest residential areas when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.  Noise emissions are to comply with the noise requirements under the Environmental Protection Act 1994.
The acoustic report shall include the location of any plant and associated equipment, predicted noise levels and a description of acoustic enclosures and screenings including an acoustic screen along the western boundary to mitigate intrusive noise from delivery and waste vehicles and associated activities.
Certification must be submitted from a suitably qualified person which certifies that the recommendations of a Noise Management Plan approved by Council have been incorporated into the development.
Waste Management Plan
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, for the day-to-day operation of the development is to be submitted and approved by council prior to the issue of a Development Permit for Operational Works.  The Plan should include the following information as a minimum:
The types of waste 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 any green 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, enclosure/s, floor plan and methods of bin washing that prevent contamination of storm water and an appropriately sized bin wash area drained to sewer.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area should include the provision of correctly sized 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 the waste vehicle access to collect waste including vehicle turnarounds consistent with vehicle access requirements that allow vehicles to enter and leave the site in a forward direction.  It should be noted that:
Waste vehicles are front loading for steel bins 1.5 to 3m3 bins
Waste vehicles are rear loading for plastic low noise bins 1.1m3 bins
Waste vehicles are side loading for 240 litre wheelie bins
The advisory notes contain specifications for Refuse Vehicle Access Requirements for design purposes
Outdoor Lighting
Any outdoor lighting with the potential to affect surrounding residential premises shall be designed, installed, operated and maintained in accordance with AS4282 "The Control of the Obtrusive effects of Outdoor Lighting".
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, lifts and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas.
Unitywater
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary. Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
The existing Unitywater sewer infrastructure must be relocated clear of the proposed building works prior to commencement of excavation on site.
Written approval to enter and construct must be provided from property owners through which external sewers or relocated sewers traverse. This must be submitted with lodgment of the associated development application for Operational Works.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Buildings, basements and other structures must maintain a minimum clearance of 1.5 metres from Unitywater sewer mains, and 1.0 metre from a sewer manhole chamber or sewer inspection opening. Any proposed or existing retaining wall crossing Unitywater sewer mains must be self supporting for a minimum of 1.0 metre each side of the sewer pipe and piered below the zone of influence of the sewer.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, Planning Scheme Policy 3 Landscaping Plants and Guidelines and must include in particular:
The works generally shown on the Approved Plans unless amended by these conditions
A minimum 3.5m wide landscaped area on the David Low Way frontage within the site boundary, extending from the bus-stop to the intersection with the unnamed road, with at least 2.5m of the landscaped area at road level
The transformer is not to be located within the landscape setback areas
A minimum 2m wide landscaped area on the unnamed road frontage within the site boundary with at least 1.2m of the landscaped area at road level
a densely landscaped strip along the David Low Way and the unnamed road frontage of the subject site, exclusive of the access driveway, bus stop and pedestrian entry, generally uncompromised by infrastructure items to provide vegetative structural screening of the development from the David Low Way
A minimum of 4 x 100L street trees to the David Low Way frontage and 4 x 100L street trees to the unnamed road frontage shall be provided
landscaping to raised planting beds along road frontages is adequately supported by the provision of structured soils suitable for the approved planting palette selection.
All retaining structures and associated civil infrastructure are to be designed, constructed and certified to accommodate the vegetative structural screening of the development from the David Low Way when the trees are mature.
All fencing to retaining walls tops must be of open construction and suitable for purpose to ensure vegetative screening of the development
Provide a 45L car park shade trees for every 4 car parking spaces including structural soils to all beds
Removal of all bioretention basins from front road setback areas to allow for suitable screening vegetation
Removal of the Pylon sign from the front boundary landscape setback area
Landscaping trees to the David Low Way frontage must be of similar form and type to existing landscaping to the eastern side of David Low Way
With any operational works application, provide details of the level spreader and stormwater swale works outside the development area.
A 5 metre wide easement for access purposes must be registered against the title of the property in favour of Council over the land area from the stub road to the park dedication area on the subject site. The easement must be granted at no cost to Council.
Parkland Restoration and Dedication
An Ecological Restoration Plan for the Park shall be prepared and submitted for Council approval prior to the commencement of use. The park areas of the site shall be revegetated and rehabilitated in accordance with the Council approved Ecological Restoration Plan.
The Ecological Restoration Plan shall be prepared by a qualified and experienced Ecologist, to the reasonable satisfaction of the Council. The Ecological Restoration Plan (ERP) shall be applicable to the portion of the site to be dedicated to Council as Parkland and address environmental weed removal and control, rehabilitation of existing vegetation communities and revegetation strategies for degraded areas of the area of the site to be dedicated as parkland.  It shall identify all the areas of the park that require ecological restoration, specify actions and works necessary to result in robust, self-sustaining, viable indigenous plant communities and habitat. The ERP shall aim to revegetate the park areas with suitable native species to resemble the local endemic ecosystem by removing all environmental weeds from the area. The ERP shall detail continual maintenance requirements for a 1 year period (the maintenance period) to enable the revegetation and rehabilitation works to be self-maintaining.
The following, inter alia, shall be addressed and included in the Ecological Restoration Plan and specifications:
specify the required works and actions for each area in terms of:
site preparation (this may include thinning, grass removal, weed removal and control, etc.);
establishment of the missing floristic and structural elements;
The area previously cleared within the proposed park area must include in the replanting within the eastern and western edges of the proposed park boundary a minimum of 8 x 100L Melaleuca quinquenervia to provide relatively instant screening of the east/west clearing path
planting and mulching procedures;
watering procedures;
protection from wildfire, particularly during the establishment phase;
erosion and sediment control;
on-going maintenance;
access for maintenance;
environmental safeguards; and
incorporation of the relevant requirements of all the management plans required by this approval, particularly the Bushfire Management Plan and Koala Management Plan.
A plain wire fauna-friendly fence shall be erected around the eastern interface of the park area to be protected and restored, prior to clearing works and construction activities commencing on site. The fauna fence will have signs attached restricting entry to authorised persons only.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Following the restoration of the park area in accordance with the approved restoration plan, the land required to be dedicated for park purposes, as indicated on drawing M2358-00-03/C on council file 2010/627 shall be dedicated to the Crown (with Council as Trustee) for parkland for environmental protection purposes pursuant to the Land Act 1994 at no cost to Council.
ENGINEERING
External Works
The David Low Way frontage to the subject site and the intersection of David Low Way with the unnamed road (Road 151) at the south eastern corner of the subject site must be upgraded.  The works must be generally in accordance with drawing No. 13512-1 dated 21 March 2014 prepared by Holland Traffic Consulting and undertaken in accordance with an Operational Works approval. The works must include in particular:
construction of the required intersection islands and linemarking
construction of any necessary widening on the eastern side of David Low Way opposite the intersection, with any works restricted to a maximum incursion width of 0.5m
construction of new kerb and channeling and bus stop in the David Low Way frontage of the site
any associated underground stormwater drainage
any associated realignment or relocation of existing services and lighting
widening and sealing of the existing road pavement
construction of any associated retaining structures
construction of a shared pathway in accordance with the conditions of this Decision Notice
provision of landscaping in accordance with Council requirements
The existing formation of the unnamed road (Road 151) must be upgraded as required to cater for the proposed development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
repair and/or replacement of any damaged sections of kerb and channel
repair and/or replacement of any substandard sections of pavement
repair and/or replace green bike land pavement treatments in accordance with Council requirements
any extension to the formation to facilitate access to the subject site
relocation or extension to the existing stormwater system, services and property accesses
a 30mm asphalt overlay at the completion of the construction works
Road Widening
The property boundary along David Low Way must be realigned to be a minimum of 2.5m from the new kerb line of the bus stop. The affected parts of the site must be dedicated as “Road”.
Site Access and Driveways
A sealed access driveway must be provided from the unnamed road (Road 151) 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:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ –R052
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit to warn motorists of pedestrian movement along the frontage street
fencing or vegetation near the driveway must comply with the sight line requirements as defined in AS/NZS2890.1:2004. The sight lines must be shown on nay plans submitted for Operational Works approval.
Car Parking
A minimum of 85 car 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:
13 staff parking spaces within the total, which are clearly marked for that purpose
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class
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 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:
regular access for a SRV
regular access for a LRV
regular for a waste collection 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 2.5 metre wide concrete shared pathway within the road verge for the entire length of the site’s frontage to David Low Way
a 2 metre wide concrete pathway within the road verge for the length of the site’s frontage to the unnamed road (Road 151) extending from the intersection with David Low Way to the entrance to the site
reinstatement of road cycle lanes (minimum of 1.5m in width) and green pavement treatments to delineate bike land and neatly integrate with existing bike land treatments.
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 must include in particular a detailed Stormwater Management Plan (including MUSIC modeling and reporting) for the construction and operational phases of the development that:
demonstrates that there is no net increase in stormwater runoff (volume and frequency) from the site
includes stormwater quality improvement devices that achieve the current “best practice” water quality objectives
Sediment and Erosion Control Plan during the construction phases
Provision to cater for the stormwater runoff from the adjoining properties and roads that drain through the site, including registration of drainage easements
All structures including infiltration pits, level spreaders etc, located within the developable area of the site and clear of the area to be dedicated as Park.
All buildings proposed on site must be constructed to comply with Council’s Minimum Floor Height requirements at the time of issue of the Building Permit.
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.
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. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.  All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist must be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Damage to Services and Assets
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:
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; and
referral agencies
The referral agency applicable to this application is:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Contaminated Land (unexploded ordnance)	The agency provided its response on 18 February 2014. A copy of the response with their conditions is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required.  Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Infrastructure Charges
This Development Permit will trigger an “Adopted Infrastructure Charge Notice” to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
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
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work 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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must 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 for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
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, 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 preliminary 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.
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicant’s cost.
A 100mm diameter AC watermain is located within the road boundary fronting the development site in David Low Way. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Noise Assessment/Acoustic Report
Assessment and certification of noise levels from mechanical equipment and vehicle movements is to be submitted to council immediately after installation of the equipment and prior to any occupation of the building.   All equipment should be operating at the same time to test the overall noise level created.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of certifying acoustic treatments for the development, a suitably qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
For the purpose of certifying acoustic barrier construction for the development, a qualified person is considered to be a Registered Professional Engineer of Queensland.
Food Business Approval
Where any food business is included in the 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 the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system (Form 15 & 16) 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 Business License from council’s Environmental Health Section prior to use of those premises.
Noise – Building Works
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
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 provisions of the Environmental Protection Act 1994.
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1. OR 2 (where the site does not adjoin sensitive receiving environments such as residential land or bushland park).
Refuse Vehicle Access/Waste Management Plan
Refuse Vehicle Access Requirements for Noosa Shire – see table attached.  This Decision Notice contains detailed conditions regarding waste management storage areas. Council is seeking to minimise existing long term problems associated with servicing of waste containers, specifically issues associated with bulk bins standing on road reserves, traffic issues, and work place health and safety considerations for the cleansing contractor.
Refuse Vehicle Access Requirements for Noosa Shire:

property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Operational Works.
Development Permit for Building 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
There were 37 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
The proposal provides for a supermarket which will satisfy the top-up and convenience shopping needs of residents and visitors of the locality, and is not otherwise able to be accommodated within the existing Neighbourhood Centre.
The development is located directly opposite the Peregian Beach village and is likely to complement and contribute to the village as the focal point for the community.
The site has a current development approval which includes a significant retail commercial component and is located between 2 existing commercial uses.
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
DA Planning, Manager
cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)
Email:[email protected]

Enc:	Adopted Infrastructure Charge Notice
Referral Agency Response
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))

Peregian Tennis Club  Management Committee	Rufous St	PEREGIAN BEACH  QLD  4567
J & I Rorke	11 Plover St	PEREGIAN BEACH  QLD  4567
K & D Nixon	[email protected]	
D Kelly	182 David Low Way	PEREGIAN BEACH  QLD  4567
S Kelly	182 David Low Way	PEREGIAN BEACH  QLD  4567
Peregian Beach Surf Life Saving Club	PO Box 38	PEREGIAN BEACH  QLD  4567
K Robertson - Simply Fit Gym & Health Centre	6 Grebe St	PEREGIAN BEACH  QLD  4567
LT Wood Maj (Rtd)	10 Landrail St	PEREGIAN BEACH  QLD  4567
Katy Clarke	215 David Low Way	PEREGIAN BEACH  QLD  4567
Kim Clarke	215 David Low Way	PEREGIAN BEACH  QLD  4567
James Clarke	215 David Low Way	PEREGIAN BEACH  QLD  4567
Martyn Clarke	215 David Low Way	PEREGIAN BEACH  QLD  4567
Alex Rigby	[email protected]	
Corey Nicolls	215 David Low Way	PEREGIAN BEACH  QLD  4567
Peregian Beach Surf Lifesaving Supporters Club Committee	Nicole Abel <[email protected]>
James Watson	14 Pacific Tce	COOLUM BEACH  QLD  4573
Diane Watson	14 Pacific Tce	COOLUM BEACH  QLD  4573
Sue Ranson	PO Box 945	COOLUM BEACH  QLD  4573
Peregian Beach Community Ass. Inc	PO Box 312	PEREGIAN BEACH  QLD  4567
Glenn Ainsworth	2261 David Low Way	PEREGIAN BEACH  QLD  4567
Jarod Murray - Smile Physiotherapy	Suite 7 247-253 David Low Way	PEREGIAN BEACH  QLD  4567
Frank Richardson - Smile Physiotherapy	Suite 7 247-253 David Low WayPer	PEREGIAN BEACH  QLD  4567
Alan Kirk	34 Station St	NUNDAH  QLD  4012
Trevor Kirk	15aBottlebursh Ave	NOOSA HEADS  QLD  4567
Kim Galea	92 Grays Rd	DOONAN  QLD  4562
Margaret Wilkie	2/5 Pitta St	PEREGIAN BEACH  QLD  4567
Ron Gooch	22 Shearwater St	PEREGIAN BEACH  QLD  4567
Adam Barnett	1522 David Low Way	YAROOMBA  QLD  4573
Shae Caterson	1522 David Low Way	YAROOMBA  QLD  4573
Peregian Beach Business Association Inc	PO Box 296	PEREGIAN BEACH  QLD  4567
Glen Brown	2 Cullinane St	TEWANTIN  QLD  4565
Sue Jesse	2 Cullinane St	TEWANTIN  QLD  4565
Brett & Lynnise Watson	3 Paragon Court	PEREGIAN BEACH  QLD  4567
John Siljuk	56 Kestrel Cres	PEREGIAN BEACH  QLD  4567
Leigh Bliss	33 Rainbow Cres	SUNRISE BEACH  QLD  4567
Sara Cook - Simply Fit	7/6 Grebe St	PEREGIAN BEACH  QLD  4567
Neil Gilchrist	23 Plover St	PEREGIAN BEACH  QLD  4567
Peregian Tennis Club  Management Committee	DUPLICATE	

	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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SOUTHERN QLD
VEHICLE ACCESS REQUIREMENTS
Vehicle
Vehicle | Access | | Maximum
Longth | | Working | width | | Weight
| (Metres)
| (Metres) | (Tonnes)
4 x 2
82
28
18
15.
Do
37.
2
404
25
ear loader
105
34
107,
42
Detivery
73
Medical Waste
10
35.
15.
14
37.
43
204
28
2
36
44
25
Tanker
27
27
7
small
79
415
40
a
1475
38
28

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K Coy fs