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2018-11-15 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 15 November 2018
6pm
Pomona Showgrounds Hall
Corner of Exhibition St and Pavilion St, Pomona
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
K Contini, Acting Director Community Services
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Councillor F Wilkie, Deputy Mayor
The meeting commenced at 6.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 18 October 2018 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 PETITIONS
1 PETITION: OBJECTION TO THE REMOVAL OF THE MANGO TREE AT 15
GARNET STREET COOROY (REFER DEVELOPMENT APPLICATION
MCU18/0094)
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That the petition tabled by Cr Stockwell objection to the removal of the mango tree at
15 Garnet Street Cooroy (refer Development Application MCU18/0094) be received
and referred to the Chief Executive Officer to determine appropriate action.
Carried.
Page 2 of 43
Section 3
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
2 PETITION: REQUEST TO CONSIDER EXTENDING THE JET SKI ALLOWABLE
ZONE WESTWARD FROM THE NOOSA WATERS CANAL INLET TO THE
TEWANTIN BOAT RAMP FACILITIES
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jackson
That the petition tabled by Cr Wellington requesting that Council consider extending
the jet ski allowable zone westward from the Noosa Waters canal inlet to the Tewantin
boat ramp facilities be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried.
5 NOTIFIED MOTIONS
Nil.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the operation of the Standing Orders or any relevant provision thereof, be suspended to allow
Council to consider Item 3 of the General Committee recommendations dated 12 November 2018
and to allow Council to sign the Refugee Council of Australia’s Refugee Welcome Zone
Declaration.
Carried.
3 REFUGEE WELCOME ZONE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 November 2018 and agree to declare Noosa Shire
as a Refugee Welcome Zone by signing The Refugee Council of Australia’s Refugee
Welcome Zone Declaration.
Carried.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Stockwell
That Standing Orders be resumed.
Carried.
Page 3 of 43
Section 4
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
6 NOVEMBER 2018 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony
Wellington
Other Councillors in attendance: Cr Frank Wilkie
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Glasgow
The Planning & Environment Committee recommendations dated 6 November 2018 be adopted.
Carried.
1 MCU17/0005 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT &
FITNESS (PAINTBALL), 113 MARARA ST COOROY
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 November 2018 regarding Planning & Environment
Court Appeal No. D155 of 2018 and agree to defend the appeal.
2 MCU18/0117 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
INDUSTRIAL BUSINESS TYPE 1, WAREHOUSE AND RETAIL BUSINESS TYPE 7,
GARDEN CENTRE AT 124 EUMUNDI NOOSA ROAD, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0117 for a
Development Permit for Material Change of Use for Industrial Business, Type 1 Warehouse
and Retail Business, Type 7 Garden Centre situated at 124 Eumundi Noosa Rd Noosaville
Qld and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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
A.01 Existing Floor Plan, prepared by Zest Building Design Plot date
29/08/2018
Page 4 of 43
Section 5
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Nature and Extent of Approved Use
3. The approved Use Area for the Retail Business Type 7 – Garden Centre is
182m². This total includes 20% Use Area permitted as part of the industrial
business.
4. The development must not include a café.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $1500
must be submitted to Council, to secure performance of all conditions of this
approval, within 20 days of this approval taking effect. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this
permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
Landscaping
6. Additional plantings must be provided to the 2 gardens located on each side of
the driveway to the Eumundi Noosa Road. A minimum of 1 feature tree must be
planted in the north east corner garden and a minimum of 3 feature trees planted
in the south west garden. The plantings must be in accordance with Council’s
Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The feature
trees must be Acronychia imperforata and have a minimum pot size of 45 litres.
Car parking
7. A minimum of 10 car spaces must be provided on site in accordance with
AS/NZS2890.1:2004.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The garden centre is consistent with the Overall Outcomes of the Noosaville
Locality Code as it is a retail use which is compatible with the surrounding uses
and generally unsuited to the business centres.
2. The proposal will operate in association with the industrial Warehouse with no
negative impacts on the adjoining uses.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3 MCU18/0084 REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR VISITOR ACCOMMODATION TYPE 3 (RURAL CABINS) AT 340
POMONA KIN KIN ROAD, PINBARREN
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 September 2018 regarding representations made to the
Decision Notice (MCU18/0084) for a Material Change of Use - Visitor Accommodation Type
3 Rural (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren and:
A. Agree to change Condition 2 to read as follows:
Approved Plans
2. 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.
Page 5 of 43
Section 6
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Plan No. Rev. Plan/Document Name Date
A1 D Site Plan, prepared by Jim Morehead Building 04.10.18
Design and Drafting
A2 C Site Plan – Aerial View, prepared by Jim
Morehead Building design and Drafting 04.10.18
A3 C Part Site Plan, prepared by Jim Morehead
Building design and Drafting 04.10.18
Floor Plan, provided by Cabin Warehouse
Elevations A & B, provided by Cabin Warehouse
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 MCU18/0009 REQUEST FOR NEGOTIATED DECISION NOTICE - PRELIMINARY
APPROVAL FOR A MATERIAL CHANGE OF USE - MULTIPLE HOUSING - TYPE 3
RETIREMENT AND SPECIAL NEEDS SITUATED AT 186 COOROY NOOSA ROAD,
TEWANTIN
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 November 2018 regarding representations made to Decision
Notice MCU18/0009 for a Material Change of Use Multiple Housing –Type 3 Retirement &
Special Needs situated at 186 Cooroy Noosa Rd Tewantin and:
A. Amend the type of approval from a Preliminary Approval for a Material Change of Use
- Multiple Housing Type 3 - (Retirement & Special Needs) to Development Permit for
a Material Change of Use - Multiple Housing Type 3 - (Retirement & Special Needs –
32 beds).
B. Agree to change conditions 1, 2, 26, 27 36 and 39 to read:
1. 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
MCU 01 A Existing Part Site Plan by Middap Architecture August 2018
MCU 02 A Proposed Lower Level Plan by Middap Architecture August 2018
MCU 03 A Proposed Upper Level Plan by Middap Architecture August 2018
MCU 04 A Site Sections by Middap Architecture August 2018
MCU 05 A Proposed Site Elevations by Middap Architecture August 2018
MCU 06 A Proposed Entry/Café Floor Plan by Middap Architecture August 2018
MCU 07 A Proposed Entry/Café Elevations by Middap Architecture August 2018
MCU 08 A Proposed Villa 1 Floor Plans by Middap Architecture August 2018
MCU 09 A Proposed Villa 1 Floor Elevations by Middap Architecture August 2018
MCU 10 A Proposed Villa 3 Floor Plan by Middap Architecture August 2018
MCU 11 A Proposed Villa 3 Elevations by Middap Architecture August 2018
MCU 12 A Proposed Villa 2 + 4 Floor Plans by Middap Architecture August 2018
MCU 13 A Proposed Villa 2 + 4 Elevations by Middap Architecture August 2018
2. The development must include the following, to the reasonable satisfaction of the
Manager, Development Assessment:
2.1. Deleted
2.2. Car parking must be provided at a rate of 0.92 car spaces per bed. Of
these, 0.21 spaces per bed are for event days which must be
accommodated on the site, but may be located in temporary areas. The
layout must comply with Australian Standard AS/NZS 2890.1-2004 and
may include the existing 18 car parking spaces in the road reserve.
Page 6 of 43
Section 7
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
2.3. Deleted
2.4. Deleted
2.5. A minimum landscape setback of 6.0 metres must be provided to all
boundaries, apart from existing development, with existing vegetation
retained and reinforced in the setbacks to maintain the amenity of adjoining
residents and a visual screen to Cooroy Noosa Road.
2.6. Noise attenuation measures must be incorporated into the building design
to mitigate traffic noise impacts from Cooroy Noosa Road. The design
criteria for the development must be 63dB(A)L10(18hours)
2.7. Deleted
26. All works must be constructed and work procedures undertaken in accordance
with:
a. The approved plans, the approved amended plans and the conditions
detailed in this Decision Notice.
b. The document ‘Proposed Cartwright Village Extension – Carramar, Noosa
Care Integrated Water Management Plan Version 2 by Callaghan & Toth
dated September 2018.
c. The document ‘Noosa Care Inc Cartwright Village Extension Carramar,
Cooroy Noosa Road, Tewantin Preliminary Design of Stormwater
Detention Volume’ by BSM dated 21 December 2017.
d. The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24
July 2017.
e. The Addendum Letter by Cardno (document number WE17064) dated 23
March 2018.
f. The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01)
dated 27 September 2018.
g. A minimum Finished Floor Level (FFL) of the Aged Care Facility and any
associated facilities at 8.80m AHD.
h. A minimum Finished Floor Level (FFL) of the Independent Living Units of
8.80m AHD.
i. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines are to be adhered to.
27. An easement for drainage purposes must be registered against the titles of the
properties in favour of Council over the land area identified as being external to
the area to be dedicated as Environmental Park and below the post development
1% AEP flood level on the subject site from flooding sources external to the site
(excluding proposed structures). The easement width must be in accordance with
Noosa Council’s Development Design Planning Scheme Policies. The easement
must be granted at no cost to Noosa Council. The wording of the easement
documentation must be in accordance with Council’s Standard Easement
document.
36. Prior to obtaining a Development Permit for Operational Works the land area
identified as being to the east of the proposed wetland fence on Middap
Architecture Pty Ltd - Plan MCU. 02A. (Proposed Lower Level Plan August 2018)
be dedicated to Council in fee simple on trust for the purpose of an Environmental
Park.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the
Planning Act 2016.
Page 7 of 43
Section 8
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
39. A permanent fence must be constructed along the interface of the development
site with the land area to be dedicated. The fence must be constructed in
accordance with an Operational Works approval and must be to the following
specifications:
a. 2.1 metre high
b. Pool fence with vertical bars at 100mm centres (or similar)
c. Educational signage for wetlands protection.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5 MCU18 0102 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 16 MARY
STREET, NOOSAVILLE
That Planning & Environment Committee Agenda Item 5 be referred to the General
Committee due to the significance of the issue.
6 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 1ST
QUARTER 2018-19
That Council note the report by the Director Environment and Sustainable Development to
the Planning and Environment Committee Meeting dated 6 November 2018 providing an
update on operations of the Environment and Sustainable Development Department for the
period 1 July to 30 September 2018.
Page 8 of 43
Section 9
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
6 NOVEMBER 2018 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington
& Frank Wilkie
Other Councillors in attendance: Crs. Ingrid Jackson and Brian Stockwell
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
The Services & Organisation Committee recommendations dated 6 November 2018 be adopted.
Carried.
1 1718T043 PREFERRED SUPPLIER ARRANGEMENT FOR THE HIRE OF PLANT &
OPERATORS
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 6 November 2018 and:
A. Award the contractors listed in Table 1 within the report as preferred suppliers for plant
and operator hire pursuant to tender 1718T143; and
B. Award the contract for an initial term of up to two (2) years, with an option to extend
the arrangement for up to three (3) x twelve (12) month periods.
2 NOOSA SPIT SHORELINE EROSION INVESTIGATION - SHORELINE EROSION
MANAGEMENT PLAN
That Services & Organisation Committee Agenda Item 2 be referred to the General
Committee for further consideration.
3 2018 ANNUAL DISASTER AND RECOVERY MANAGEMENT REPORT
That Council note the report by the Project Officer, Disaster Management and Special
Projects to the Services & Organisation Committee Meeting dated 6 November 2018
providing an update on disaster and recovery management activities and thank the members
of and advisors to the Noosa Local Disaster Management Group for their participation.
4 REFUGEE WELCOME ZONE
That Services & Organisation Committee Agenda Item 4 be referred to the General
Committee due to the significance of the issue.
Page 9 of 43
Section 10
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
5 ANNUAL REPORT 2017/18
That Services & Organisation Committee Agenda Item 5 be referred to the General
Committee due to the significance of the issue.
6 EXECUTIVE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
That Council note the report by the Director Executive Services to the Services &
Organisation Committee Meeting dated 6 November 2018 providing an update on operations
of the Executive Services Department for the period 1 July to 30 September 2018.
7 CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
That Council note the report by the Director Corporate Services to the Services &
Organisation Committee Meeting dated 6 November 2018 providing an update on operations
of the Corporate Services Department for the period 1 July to 30 September 2018.
8 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 6 November 2018 providing an update on operations
of the Infrastructure Services Department for the period 1 July to 30 September 2018.
9 COMMUNITY SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2018-19
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 6 November 2018 providing an update on the
operations of the Community Services Department for the period 1 July to 30 September
2018.
10 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2018-19
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 6 November 2018 providing an update on progress with the
implementation of the Operational Plan to 30 September 2018 and details of Council’s Key
Performance Indicators.
Page 10 of 43
Section 11
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
GENERAL COMMITTEE RECOMMENDATIONS
12 NOVEMBER 2018 – Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe
Jurisevic, Frank Pardon and Brian Stockwell, Tony Wellington
2 NOOSA SPIT SHORELINE EROSION INVESTIGATION - SHORELINE EROSION
MANAGEMENT PLAN
Council Resolution
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore
to the Services & Organisation Committee Meeting dated 6 November 2018 and
A Support the urgent completion of a Shoreline Erosion Management Plan for Noosa Spit
and Noosa Main Beach subject to funding being provided in Budget Review 2; and
B. Provide a status update to Council on a quarterly basis.
Carried.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The General Committee recommendations dated 12 November 2018 be adopted except where
dealt with or held over by separate resolution.
Carried.
1 MCU18/0102 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 16 MARY
STREET, NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 November 2018 regarding Application No. MCU18/0102 for a
Development Permit for Material Change of Use - Visitor Accommodation - Type 4
Conventional (122 beds) situated at 14-16 Mary Street Noosaville and defer consideration of
the matter to the Ordinary Meeting dated 15 November to allow staff to bring forward a further
report with amended conditions of approval to include conditions which approve the height
of the building as proposed by the applicant, allow operation of the internal pool and café
area until 10pm at night, that condition the operation to install a sound monitoring system
and 24hr onsite management to maintain statutory requirements in terms of noise nuisance
and allow Council the opportunity to review compliance of that noise condition in 12 months,
and reduce the extent of acoustic fencing.
4 ANNUAL REPORT
That Council note the report by the Director Executive Services to the Services &
Organisation Committee Meeting dated 6 November 2018 and:
A. Adopt the ‘2017/18 Annual Report’ (provided at Attachment 1 to the report)
incorporating the 2017/18 Audited Financial Statements; and
B. Authorise the Chief Executive Officer to make any required minor amendments to the
document prior to publication.
Page 11 of 43
Section 12
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
5 FURTHER REPORT MCU18/0094 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE, MULTIPLE HOUSING TYPE 4 (4 DWELLING UNITS), 15 GARNET
DOMENT INFORM AT ION
STREET, COOROY
That Council note the further report by the Development Planner to the General Committee
Meeting dated 12 November 2018 regarding Application No. MCU18/0094 for a
Development Permit for Material Change of Use for Multiple Housing - Type 4 Conventional.
(4 Dwelling Units) situated at 15 Garnet St, Cooroy and approve the application in
accordance with following the conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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
A10 G Ground – Site Plan, drawn by Morriarchi Architecture 29 October 2018
A11 F Level 1 – Roof – Site Plan, drawn by Morriarchi 29 October 2018
Architecture
A12 C Townhouse Type A (3 bed) – Floor Plans, drawn by 3 July 2018
Morriarchi Architecture
A13 C Townhouse Type B (2 bed) – Floor Plans, drawn by 3 July 2018
Morriarchi Architecture
A14 B Landscape Plan, drawn by Morriarchi Architecture 29 October 2018
A20 F Elevations, drawn by Morriarchi Architecture 30 October 2018
A30 F Sections, drawn by Morriarchi Architecture 29 October 2018
A80 G Perspective Images, drawn by Morriarchi Architecture 30 October 2018
A81 B Finishes 30 October 2018
Nature and Extent of Approved Use
3. This approval is for 1 x 3 bedroom unit and 3 x 2 bedroom units. The TV/Study room
is not permitted to be fully enclosed for use as a bedroom.
Building Height
4. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to pre-start meeting. 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
6. 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.
Page 12 of 43
Section 13
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Building Appearance
7. All air conditioning units or other mechanical equipment must be located at ground
level, or otherwise fully enclosed or screened such that they are not visible from the
street frontages nor adjoining properties.
Fencing and Walls
8. Any street fencing must be set back an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
9. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Clothes Drying Areas
10. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
Protection of Privacy
11. To ensure privacy is protected between adjoining properties, the windows located on
the upper western building face of the building must either:
a. have a minimum window sill height or 1.5 metres above floor level;
b. be fitted with translucent glazing;
c. be fitted with a fixed external screen.
12. 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.
13. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
Retention of mango tree
14. The existing mango tree located in the north eastern corner on the site must be
retained.
15. An Arborist Report (or part thereof) prepared by a qualified person* and endorsed
through an Operational Works approval must provide recommendations for the design
of civil works, including retaining walls, to accommodate the retention of the Mango
tree.
16. The Mango tree identified for retention in the conditions of this approval must be
maintained in good health during construction and operational use for the expected life
of the tree.
*(Refer to Advisory Note)
Landscaping Works
17. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan Planning Scheme
Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
a. The works shown on the approved Landscape Concept Plan using predominately
local native species;
Page 13 of 43
Section 14
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
b. The provision of 6 x 100L local native street trees to the road frontages suitable
for the location and sight lines.
c. Retention of the mango tree within the north eastern corner of the lot within a
mulched garden setting.
18. 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.
19. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
ENGINEERING
External Works
20. A 2.0m wide concrete footpath must be provided within the road verge for the entire
length of the frontage of the site to Wattle Street. The path must generally match with
the existing grassed verge without causing a trip hazard. The works must be
undertaken in accordance with an Operational Works approval and must
include/address the following:
a. Be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway
Construction Details;
b. Be extended to smoothly tapered and join with the existing path along Garnet
Street.
Reinstatement Works
21. Any redundant driveway and/or kerb layback must be removed, and the kerb line and
verge area reinstated and landscaped to match the existing kerb and/or verge
treatments. Grassed verge areas to be reinstated must be provided with 100 mm
topsoil and turf, and must be maintained by the developer until established.
22. Any redundant private pathway to the property must be removed, and verge area
reinstated and landscaped to match the verge treatments.
23. Any damaged kerb and channel along the frontage of the site must be repaired to the
reasonable satisfaction of Council’s representative.
Site Access and Driveways
24. A sealed access driveway must be provided from Garnet Street 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 crossovers in accordance with IPWEAQ standard drawings R-049 and
R-050 to grades prevent vehicles from scraping and/or bottoming whilst also
allowing for compliant grades for the footpath and pedestrians movements along
the footpath and the grassed verge without any step or trip hazard.
Car Parking
25. Car parking must be provided within the site generally as shown on the approved plans.
The works must be undertaken in accordance with an Operational Works approval and
must be in compliance with the provisions of AS/NZS 2890.1-2004 with allowance for
standard vehicle to enter and leave the site in a forward gear and with a minimum head
clearance (headroom) at any point of 2.2m.
26. 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.
Page 14 of 43
Section 15
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Stormwater Drainage
27. The site must be provided with a stormwater drainage system connecting to a lawful
point/s of discharge in Garnet Street and/or Wattle Street. The works must be
undertaken in accordance with an Operational Works approval in compliance with the
relevant sections of Queensland Urban Drainage Manual and supported by a detailed
stormwater drainage design prepared and certified by a suitably qualified and
experienced Registered Professional Civil Engineer (RPEQ).
28. The development of the site must not worsen existing drainage conditions on other
properties by diverting stormwater runoff or cause additional stormwater ponding on
any other property.
29. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
30. All earthworks must be carried out in compliance with an Operational Works
Development Permit.
31. All earthworks and associated batters/retaining walls must be contained entirely within
the subject site unless written permission from the respective landowner(s) is provided
to Council.
32. All earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments, Council’s codes and relevant government regulations and guidelines.
Certification must be provided by an RPEQ and submitted to Council prior to the issue
of the Certificate of Classification for the building.
33. The development works must not adversely impact on the stability of the subject site,
any other property or private/ public structure and the long term health of the existing
mango tree as shown on the landscape plan A14 Rev B.
34. Earthworks and development works carried out on site must not affect the structural
integrity of any of the existing fences or structures that border the site. Fences that are
affected shall be replaced prior to the Building Certifier issuing the Certificate of
Classification.
Telecommunication Services
35. 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.
6 132007.2446.03 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE FOR VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL
(HOSTEL ACCOMMODATION) AT 102 AND 106 PACIFIC AVENUE SUNSHINE BEACH
DOCUMENT INFORM AT ION
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 12 November 2018 regarding Application No. 132007.2446.03 to make a change to
an existing approval for Material Change of Use for Visitor Accommodation Type 4
Conventional (Hostel Accommodation) - additional 21 beds situated at 102 and 106 Pacific
Ave, Sunshine Beach and:
A. Approve the change.
B. Include the following additional conditions:
Page 15 of 43
Section 16
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
When Conditions must be Complied With
64. 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
65. 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
18101-01 P Site Plan, by PJ concepts and design 09.07.2018
18101-02 P Landscape Plan, by PJ concepts and design 09.07.2018
18101-03 P Floor Plan – Lot 106, by PJ concepts and design 09.07.2018
18101-04 P Elevations –Sheet 1, by PJ concepts and design 09.07.2018
Noise barrier plan
Nature and Extent of Approved Use
66. An additional 21 beds are approved for the Visitor Accommodation Type 4 –
Conventional (visitor hostel). The total number of beds approved are 69 and one
manager’s unit.
67. The approved accommodation units must be used for short term visitors only.
The approved units must not be occupied by persons for the purpose of
permanent accommodation.
68. Amplified music must not be audible at the boundaries of the site between 10pm
and 7am.
Landscaping
69. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, the Planning Scheme Policy 3
Landscaping Plants and Guidelines for Sunshine Beach and must include in
particular:
a. the works generally shown on the approved site plan including:
i. A minimum 1.0 metre wide landscaping strip along the northern side
boundary of the subject site, exclusive of the access driveway,
generally uncompromised by infrastructure items designed such that
vegetated screening will be provided within 3 years of the plantings
occurring.
ii. A minimum 2.0 metre wide landscaping strip along the full extent of
the eastern boundary designed such that vegetated screening will be
provided within 3 years of the plantings occurring.
iii. Vegetated screening of any electrical transformers, bin storage areas
and the like from the road frontage
iv. Provision of 1 street tree within the road reserve for every 8 metres
of road frontage including landscaping to the crossover works
v. Trees on the northern boundary must be retained to provide visual
screening of the development. Where civil works impact on the
capacity to retain the tree, the tree may be removed and replaced
with a tree of a minimum pot sized 100 litres.
70. 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.
Page 16 of 43
Section 17
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Performance Bond
71. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 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.
Water & Sewer Connections
72. 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).
73. 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.
Building Appearance
74. All air conditioning units or other mechanical equipment must be located at
ground level, or otherwise fully enclosed or screened such that they are not
visible from the street frontages nor adjoining properties.
75. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres, glass panelling or the like, except
where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
76. Advertising devices must comply with the requirements of the Advertising
Devices Code.
77. Construction signage, including that on hoardings, shade cloth and cranes but
not including statutory safety signage, shall not exceed a total of 4m2 to each of
the site’s street frontages.
Fencing and Walls
78. Any street fencing must be setback an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
79. The area of land between the fence and the front property boundary must be
densely landscaped to screen any fencing from the street.
Clothes Drying Areas
80. Each rooming unit must be provided with access to an outdoor clothes line which
is screened from public view.
Protection of Privacy
81. To ensure privacy is protected between adjoining properties, any window/s, deck
or the like that overlooks or has the potential to overlook the private open space
or habitable room windows of neighbouring properties must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
Page 17 of 43
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Communal Recreation Areas
82. Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
83. Lot 164 on RP 94566 and Lot 163 on RP 897370 must be amalgamated prior to
the commencement of use.
ENVIRONMENTAL HEALTH
Amenity
84. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants
(including dust or odours) nuisance or any other emissions in accordance with
the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
85. Noise emission from mechanical equipment shall comply with the following
requirements:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum background + 5dB(A)
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
86. Submission of written certification from a suitably qualified person confirming that
the noise levels from all mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved
by Council. All equipment should be operating at the same time to test the overall
noise level created.
87. Entertainers or speakers used to amplify noise must not be located in any of the
outdoor recreational areas.
88. Prior to the use of the building situated at 106 Pacific Avenue for the purpose of
visitor accommodation noise barrier fencing must be erected in accordance with
the approved Noise barrier plan.
89. Between the hours of 9pm to midnight the night manager must have the reception
phone with them. From midnight the phone must be diverted to a security team
response number.
90. The courtyard of the manager’s unit situated at 106 Pacific Avenue must not be
used between the hours of 9.00pm and 6.00am.
91. The pool and associated deck area must not be used between the hours of
9.00pm and 7.00am.
Outdoor Lighting Devices
92. 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.
Page 18 of 43
Section 19
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
93. Certification must be submitted to Council from a qualified person which certifies
that all outdoor lighting devices comply with the requirements of this Decision
Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a
qualified person is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years
current experience in the field of outdoor lighting.
WASTE
94. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and
Commercial and Industrial Premises". The facilities must include an external
impervious area correctly sized for all refuse and recycling containers and
suitably screened from public places and neighbouring properties. A bin wash
area is required with a cold-water tap, hose and drain outlet connected to sewer,
via a bucket trap. The drain outlet must be designed to prevent storm water entry
to the sewerage system. This can be achieved with a nib wall 50mm high and up
to 700mm x 700mm wide (max 0.5m2) , or alternatively the waste area can be
roofed, or any other design approved by Council.
95. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
96. Bins must be provided throughout the site to reduce littering. All bins provided
must be for refuse and recycling and be decanted into the bulk bins by the site
operators.
ENGINEERING
Site Access and Driveways
97. A sealed access driveway must be provided from Pacific Avenue to all parking
and manoeuvring areas of the development. The new works proposed to access
No 106 must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. a driveway crossover generally in accordance with Council’s Standard
Drawings RS-051 and the associated addendum
b. the works must match neatly with existing road and verge/footpath
features. Additional works beyond the driveway may be required to provide
an acceptable transition to existing road and verge/footpath profiles
Car Parking
98. A minimum of an additional 2 car parking spaces must be provided and marked
on the site. The works must include dimensions, crossfalls and gradients in
accordance with Australian Standard AS2890: Parking Facilities for the relevant
user class
99. 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.
100. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Pedestrian and Bicycle Facilities
101. Pedestrian and bicycle facilities must be provided for the development. The
Page 19 of 43
Section 20
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
works must be undertaken in accordance with an Operational Works approval
and must include in particular the replacement of the existing bitumen sealed
path in the frontage of No. 106 Pacific Avenue with a concrete path and must
extend to the existing driveway in the frontage of 108 Pacific Avenue. The new
path must be the same width as the existing path.
Stormwater Drainage
102. Stormwater runoff from the development must be connected to the existing
stormwater drainage systems within the sites.
Damage to Services and Assets
103. 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.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
7 FINANCIAL PERFORMANCE REPORT - OCTOBER 2018
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 November 2018 outlining October 2018 year to date financial performance
against budget.
8 BUDGET REVIEW 2 (BR2) FOR THE 2018/19 FINANCIAL YEAR
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 November 2018 and approve the proposed changes to the budget for the
2018/19 financial year as outlined in the Revised Budget Financial Statements attached to
the report.
Page 20 of 43
Section 21
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
7 ORDINARY MEETING REPORTS
1 FURTHER REPORT MCU18/0102 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE VISITOR ACCOMMODATION TYPE 4 (122 BEDS), 14–16 MARY
STREET, NOOSAVILLE
Motion
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note report by the Development Planner to the Planning and Environment
Committee dated 6 November 2018 and the further report to the Ordinary Meeting dated 15
November 2018 regarding Application No. MCU18/0102 for a Development Permit for
Material Change of Use for Visitor Accommodation - Type 4 Conventional (122 beds) situated
at 14–16 Mary Street, Noosaville and
A. Approve the application in accordance with following the conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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 Rev. Plan/Document Name Date
No.
A.01 B Site Plan, by Zest Building Design 31.07.2018
A.02 B Basement Floor Plan, by Zest Building Design 31.07.2018
A.04 B Floor Plan – Level 2, by Zest Building Design 31.07.2018
A.05 Dimensional Plan – Level 1, by Zest Building Design
A.06 Dimensional Plan – Level 2, by Zest Building Design
A.07 B Elevations, by Zest Building Design 31.07.2018
A.08 B Elevations, by Zest Building Design 31.07.2018
A.09 B Building Sections, by Zest Building Design 31.07.2018
A.015 A Roof Plan, by Zest Building Design 31.07.2018
3. Development 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 Operational Works*
a. The southern pavilion must be reduced in height so that the main entry roof
does not exceed 8.80 metres above both finished and natural ground
levels.
b. With the exception of the main entry roof of the southern pavilion the
maximum height of the development must not exceed 8.40 metres above
finished and natural ground level.
c. A minimum 600mm eaves must be provided to the full extent of all
buildings.
d. The northern elevation must include variation of colours and materials to
provided increased articulation.
Page 21 of 43
Section 22
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
e. The length of the 2.0 metre high acoustic fence on the western boundary
must be extended for the full length of the western boundary. A 2.0 metre
high acoustic fence must be installed for the full length of the northern
boundary. All acoustic fencing must be constructed to a minimum of
10kg/m2.
f. Windows to guest rooms on the upper level of the western and northern
elevations must achieve minimum acoustic rating Rw 32 and the rooms
must be provided with airconditioning/mechanical ventilation to allow
internal amenity to be maintained whilst windows are closed to contain
noise.
g. All buildings must have a roof pitch of at least 5 degrees.
h. No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. 122 beds are approved for the Visitor Accommodation Type 4 – Conventional
(visitor hostel). The approved Gross Floor Area is 1084m2. No pavilion may
exceed 300m2 of Gross Floor Area.
5. The approved accommodation units must be used for short term visitors only.
The approved units must not be occupied by persons for the purpose of
permanent accommodation.
6. The café must not operate outside the hours of 7am to 9pm.
7. Use of the pool/sundeck area must not occur outside of the hours of 7am to 9pm.
8. The café, pool and sundeck must only be available for the residents of the visitor
accommodation use and must not permitted for use by persons not staying in the
visitor hostel.
9. Service vehicle movements 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 Sunday or public holidays.
10. Amplified music must not be audible at or beyond the boundaries of the site
between 10pm and 7am.
11. A receptionist/manager must be on-site at all times.
Building Height
12. The maximum height of the southern pavilion must not exceed 8.80 metres above
the finished ground level and the natural ground level. All other pavilions must
not exceed 8.40 metres above the finished ground level and the natural ground
level.
13. 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
14. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, the Planning Scheme Policy 3
Landscaping Plants and Guidelines for that specific area and must include in
particular:
a. the works shown on the approved site plan.
Page 22 of 43
Section 23
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
b. a minimum 2.0 metre wide landscaping strip along the Mary Street road
frontage of the subject site, exclusive of the access driveway, generally
uncompromised by infrastructure items.
c. A minimum 1.5 metre wide landscaping strip along the full extent of the
eastern and western boundaries.
d. a 3.0 metre wide vegetated screening of northern elevation of the northern
pavilion from the adjoining properties in Anne Street, designed such that
vegetated screening will be provided within 3 years of the plantings
occurring.
e. vegetated screening of the acoustic barrier adjacent to the western
boundary in accordance with the conditions of this Decision Notice
f. vegetated screening of any electrical transformers, bin storage areas and
the like from the road frontage
g. provision of 1 street tree within the road reserve for every 8 metres of road
frontage
15. 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.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of
$20,000 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
17. 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.
18. The building entrance or reception area must be clearly visible and identifiable
from the street or otherwise provided with signage and lighting at strategic
locations to direct people to the building entrance.
Water & Sewer Connections
19. 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).
20. 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.
Building Appearance
21. All air conditioning units or other mechanical equipment must be located at
ground level, or otherwise fully enclosed or screened such that they are not
visible from the street frontages nor adjoining properties.
Page 23 of 43
Section 24
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
22. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres, glass panelling or the like, except
where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
23. Advertising devices must comply with the requirements of the Advertising
Devices Code.
24. Construction signage, including that on hoardings, shade cloth and cranes but
not including statutory safety signage, shall not exceed a total of 4m2 to each of
the site’s street frontages.
Fencing and Walls
25. Any street fencing must be setback an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
26. The area of land between the fence and the front property boundary must be
densely landscaped to screen any fencing from the street.
Clothes Drying Areas
27. Each rooming unit must be provided with access to an outdoor clothes line which
is screened from public view.
Protection of Privacy
28. To ensure privacy is protected between adjoining properties, any window/s, deck
or the like that overlooks or has the potential to overlook the private open space
or habitable room windows of neighbouring properties must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
Communal Recreation Areas
29. Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
30. Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement
of use.
ENVIRONMENTAL HEALTH
Amenity
31. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants
(including dust or odours) nuisance or any other emissions in accordance with
the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
32. Noise emission from mechanical equipment shall comply with the following
requirements:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum background + 5dB(A)
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Section 25
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
33. Air conditioning units and swimming pool filtration plant shall be located within
the undercover carpark.
34. Kitchen exhaust points for the development must be located and operated in
accordance with Australian Standard AS1668.2-2002 “The use of ventilation and
air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
35. Submission of written certification from a suitably qualified person confirming that
the noise levels from all mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved
by Council. All equipment should be operating at the same time to test the overall
noise level created.
36. Entertainers or speakers used to amplify noise must not be located in any outdoor
area of the site including recreational areas (pool, space sundeck, and sun
lounges, multi-purpose/flexible lounge/outside deck).
Outdoor Lighting Devices
37. 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.
38. Certification must be submitted to Council from a qualified person which certifies
that all outdoor lighting devices comply with the requirements of this Decision
Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a
qualified person is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years
current experience in the field of outdoor lighting.
Building Demolition/Removal/Relocation
39. Where the development involves the removal, relocation or demolition of a
building, a Waste Management Plan (construction and demolition) in accordance
with Planning Scheme Policy 11, Waste Management Plans must be submitted
and approved by Council’s Environmental Health Officer prior to issue of a
development permit for operational works for demolition, removal or relocation of
any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of
waste for the effective reuse and recycling of such materials. Segregated wastes
attract significantly reduced disposal fees at the landfill with some items free.
Higher gate fees are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable,
recyclable and waste materials. These must be located so that they are
convenient and safe to use.
Page 25 of 43
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
The Plan must contain the following information:
a. The site area for the storage and separation of waste is to be shown on the
plan drawings accompanying the application.
b. A waste management table as indicated below is to be completed showing
how waste material is to be segregated - recycled – reused or disposed.
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify *specify contractor and
proposed re-use contractor landfill site or
or on-site and recycling other disposal
recycling outlet site
methods
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.
WASTE
40. The developer must provide waste storage and disposal facilities in
accordance with Planning Scheme Policy No. 9 "Waste Management Multi-
Dwellings and Commercial and Industrial Premises". The facilities must
include an external impervious area correctly sized for all refuse and
recycling containers and suitably screened from public places and
neighbouring properties. A bin wash area is required with a cold-water tap,
hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage
system. This can be achieved with a nib wall 50mm high and up to 700mm
x 700mm wide (max 0.5m2) , or alternatively the waste area can be roofed,
or any other design approved by Council.
41. Refuse containers must be provided in accordance with the requirements
of the Environmental Protection (Interim Waste) Regulation 1996 and
(Waste Management) Regulation 2000, for the storage and collection of
refuse.
42. Bins must be provided throughout the site to reduce littering. All bins
provided must be for refuse and recycling and be decanted into the bulk
bins by the site operators.
ENGINEERING
Site Specific Conditions
43. The proposed flood barrier must be of a design that is activated by the
Page 26 of 43
Section 27
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
rising flood levels and the associated hydraulic differential to raise and
lower the barrier. The barrier must not require a power supply or human
intervention. The barrier must be maintained by the property owner in
accordance with the manufacturer’s specifications. The works must be
undertaken in accordance with an Operational Works approval and must
include in particular:
a. Certification from a Registered Professional Engineer of Queensland
(RPEQ) that states that the design of the barrier is suitable for its
intended use.
44. The development must include an internal stairwell connecting the
basement level to the upper floor. The stairwell must be located and
constructed to provide an escape route for people to evacuate the
basement in the event the barrier and/or pump system fails. Plans
submitted as part of any subsequent operational works and building permit
must clearly indicate the stairwell.
External Works
45. Mary Street must be upgraded for the length of its frontage to the subject
site. The works must be generally in accordance with drawing number
17699-SK100 Revision A prepared by TOD Engineers and Project
Managers dated 17 August 2018. The works must be undertaken in
accordance with an Operational Works approval and must include in
particular:
a. construction of new kerb and channelling offset 7.5m (3.5m lane and
4m of cycle lane/parallel parking) from the northern side of the
existing landscaped median;
b. suitable transitions from the new kerb line to join with the existing
kerb at the western and eastern end;
c. landscaping of the verge area;
d. construction of a pedestrian footpath in accordance with the
conditions of this Decision Notice;
e. removal of the existing property accesses and reinstatement of the
kerb, footpath and verge area to match the balance of the site
frontage, including the provision of topsoil and turf where the existing
verge is grassed.
Condition 45 is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
Site Access and Driveways
46. A sealed access driveway must be provided from Mary Street 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 crossovers generally in accordance with Council’s Standard
Drawing Number RS-051 and any associated addendum.
b. suitable safety measures, including warning signage, to improve
driver awareness of the flood barrier, service vehicles and
pedestrians and to enhance driver and pedestrian safety. Warning
signage must be provided near the exit ramp from the underground
parking area and the guest/service area to warn motorists of
pedestrian movement along the frontage street.
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Section 28
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Car Parking
47. A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space,
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:
a. 13 customer parking spaces (including 4 scooter spaces) within the
total, which are clearly marked for that purpose and accessible at all
times for visitor use.
b. 3 staff parking spaces within the total, which are clearly marked for
that purpose.
c. 1 courtesy bus space within the total.
d. 2 disabled parking space/s within the total.
e. dimensions, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
f. Provision of 20 bicycle parking spaces.
48. 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.
49. Directional signage must be provided to direct visitors and customers to the
car parking spaces provided on site.
Service Vehicles
50. 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.
Pedestrian and Bicycle Facilities
51. 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. a 2 metre wide footpath within the road verge for the entire length of
the site’s frontage to Mary Street.
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being
necessary trunk infrastructure identified by Council’s LGIP to service the
development.
Stormwater Drainage
52. 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. the works shown on drawing number 17699-SK101 Revision A
prepared by TOD Engineers and Project Managers dated 17 August
2018, with the inclusion of the following:
i. The storage tank must have sufficient capacity to cater for the
runoff from the driveway in a 1%AEP rain event as a minimum.
ii. A back up power system for the pump that is independent of
the mains network.
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Section 29
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Acid Sulfate Soils
53. 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. The Acid Sulfate Soil and Groundwater Management Plan must
specifically address how lowering of the groundwater level as a result of
the works will be avoided.
*(Refer to Advisory Note)
54. All waters, including stormwater runoff, groundwater seepage and leachate
from acid sulfate soils must achieve the following quality prior to release
from the site:
a. a pH range of 6.5-8.5 pH units
b. 50mg/L maximum total suspended solids concentration
c. 0.3mg/L maximum total iron concentration
d. 0.2mg/L maximum total aluminium concentration
e. no visible plume at either the point of release from the site or within
a waterway
55. The basement must be designed and constructed as a water excluding
structure in accordance with Australian Standard AS3735 "Concrete
Structures for Retaining Liquids" to ensure groundwater does not enter the
basement after construction is completed.
56. All treated material must undergo verification testing at the rate of one
sample per 250m3 throughout the duration of the excavation phase of
the development. The verification testing must be undertaken by a
qualified person* using the SPOCAS or Chromium Reducible Sulphur
testing suite, and the results must be submitted to Council for appraisal.
Electricity and Telecommunication Services
57. 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.
58. 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.
Earthworks and Retaining Walls
59. All earthworks 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.
60. 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.
Preparation of a Preliminary Construction Management Plan
61. A preliminary Construction Management Plan must be submitted with the
Operational Works application and must address the following:
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
a. traffic management during all aspects of the construction phase
including:
i. a Traffic Management Control Plan in accordance with the
Manual of Uniform Traffic Control Devices (MUTCD) detailing
all temporary signage and traffic control measures prior to
construction
ii. maintenance of safe pedestrian access for the areas affected
by the works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of
the development
iv. approval of the Traffic Management Control Plan by the
Department of Transport and Main Roads (DTMR) for any
works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage
lines through the construction site, through the implementation of
appropriate erosion and sediment control measures
c. works programme identifying key components of the works and their
respective durations
d. 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
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill/dump sites, 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
g. 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.
Damage to Services and Assets
62. 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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
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Section 31
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Amendment No. 1
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Condition 3 be amended to read:
3 Development 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 Operational Works*
a. A minimum 600mm eaves must be provided to the full extent of all buildings.
b. The northern elevation must include variation of colours and materials to provided
increased articulation.
c. The length of the 2.0 metre high acoustic fence on the western boundary must be
extended for the full length of the western boundary. A 2.0 metre high acoustic fence
must be installed for the full length of the northern boundary. All acoustic fencing must
be constructed to a minimum of 10kg/m2.
d. Windows to guest rooms on the upper level of the western and northern elevations
must achieve minimum acoustic rating Rw 32 and the rooms must be provided with
airconditioning/mechanical ventilation to allow internal amenity to be maintained whilst
windows are closed to contain noise.
e. All buildings must have a roof pitch of at least 5 degrees.
f. No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
And that an additional item C be included to read:
C. Note the following reasons for approval with conditions varying from the staff
recommendation:
1. The site has been specifically identified as suitable for the proposed use in the Planning
Scheme;
2. The proposed height of the building is below the maximum suggested by the Probable
Solution in the Planning Scheme and includes a range of features that are consistent
with the principles of sustainable design in the sub tropics;
3. The scale and form of architecture will positively contribute to the desired look and feel
of Noosaville and the Mary St streetscape; and
4. The conditions can be imposed to ensure onsite management, together with building
design, can achieve the desired standards to protect the visual and acoustic amenity
of adjoining and nearby residential premises.
Carried.
Amendment No. 2
Moved: Cr Stockwell
Seconded Cr Wellington
That Condition 3 c. be amended as follows:
c. The length of the 2.0 metre high acoustic fence on the western boundary must be extended
for the full length of the western boundary. A 2.0 metre high acoustic fence must be installed
for the full length of the northern boundary and the extent of the eastern boundary adjacent
to the residential property. All acoustic fencing must be constructed to a minimum of 10kg/m2.
Carried.
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Section 32
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Amendment No. 3
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Conditions 6 and 7 be amended to read:
6. For the first 12 months of operation the café must not operate outside the hours of 7am to
10pm. The approved hours will revert to 7am to 9pm at this time unless a written request is
received and approved by Council to alter the period of approval. In assessing a request
Council will have regard to any noise monitoring results, any complaints and any other
relevant matters. The results of the noise monitoring referred to in this Decision Notice must
be submitted as part of the written request.
7. For the first 12 months of operation the use of the pool/sundeck area must not occur outside
of the hours of 7am to 10pm. The approved hours will revert to 7am to 9pm at this time unless
a written request is received and approved by Council to alter the period of approval. In
assessing a request Council will have regard to any noise monitoring results, any complaints
and any other relevant matters. The results of the noise monitoring referred to in this Decision
Notice must be submitted as part of the written request.
Carried.
Amendment No. 4
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Condition 12 be amended to read:
12. The maximum height of the southern pavilion must not exceed 9.50 metres above the
finished ground level and the natural ground level.
Carried.
Amendment No. 5
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That two additional conditions be included as follows:
Noise Monitoring
63. A noise monitoring system must be installed which measures noise levels at the boundary
adjacent to the nearest residential zoned land.
64. The on-site receptionist/manager must respond and terminate the relevant noise source
should the noise levels exceed:
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
Carried.
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Section 33
ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note report by the Development Planner to the Planning and Environment
Committee dated 6 November 2018 and the further report to the Ordinary Meeting dated 15
November 2018 regarding Application No. MCU18/0102 for a Development Permit for
Material Change of Use for Visitor Accommodation - Type 4 Conventional (122 beds) situated
at 14–16 Mary Street, Noosaville and
A. Approve the application in accordance with following the conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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 Rev. Plan/Document Name Date
No.
A.01 B Site Plan, by Zest Building Design 31.07.2018
A.02 B Basement Floor Plan, by Zest Building Design 31.07.2018
A.04 B Floor Plan – Level 2, by Zest Building Design 31.07.2018
A.05 Dimensional Plan – Level 1, by Zest Building Design
A.06 Dimensional Plan – Level 2, by Zest Building Design
A.07 B Elevations, by Zest Building Design 31.07.2018
A.08 B Elevations, by Zest Building Design 31.07.2018
A.09 B Building Sections, by Zest Building Design 31.07.2018
A.015 A Roof Plan, by Zest Building Design 31.07.2018
3 Development 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 Operational Works*
a. A minimum 600mm eaves must be provided to the full extent of all
buildings.
b. The northern elevation must include variation of colours and materials to
provided increased articulation.
c. The length of the 2.0 metre high acoustic fence on the western boundary
must be extended for the full length of the western boundary. A 2.0 metre
high acoustic fence must be installed for the full length of the northern
boundary and the extent of the eastern boundary adjacent to the residential
property. All acoustic fencing must be constructed to a minimum of
10kg/m2.
d. Windows to guest rooms on the upper level of the western and northern
elevations must achieve minimum acoustic rating Rw 32 and the rooms
must be provided with airconditioning/mechanical ventilation to allow
internal amenity to be maintained whilst windows are closed to contain
noise.
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
e. All buildings must have a roof pitch of at least 5 degrees.
f. No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. 122 beds are approved for the Visitor Accommodation Type 4 – Conventional
(visitor hostel). The approved Gross Floor Area is 1084m2. No pavilion may
exceed 300m2 of Gross Floor Area.
5. The approved accommodation units must be used for short term visitors only.
The approved units must not be occupied by persons for the purpose of
permanent accommodation.
6. For the first 12 months of operation the café must not operate outside the hours
of 7am to 10pm. The approved hours will revert to 7am to 9pm at this time unless
a written request is received and approved by Council to alter the period of
approval. In assessing a request Council will have regard to any noise monitoring
results, any complaints and any other relevant matters. The results of the noise
monitoring referred to in this Decision Notice must be submitted as part of the
written request.
7. For the first 12 months of operation the use of the pool/sundeck area must not
occur outside of the hours of 7am to 10pm. The approved hours will revert to 7am
to 9pm at this time unless a written request is received and approved by Council
to alter the period of approval. In assessing a request Council will have regard to
any noise monitoring results, any complaints and any other relevant matters. The
results of the noise monitoring referred to in this Decision Notice must be
submitted as part of the written request.
8. The café, pool and sundeck must only be available for the residents of the visitor
accommodation use and must not permitted for use by persons not staying in the
visitor hostel.
9. Service vehicle movements 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 Sunday or public holidays.
10. Amplified music must not be audible at or beyond the boundaries of the site
between 10pm and 7am.
11. A receptionist/manager must be on-site at all times.
Building Height
12. The maximum height of the southern pavilion must not exceed 9.50 metres above
the finished ground level and the natural ground level.
13. 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
14. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval, the Planning Scheme Policy 3
Landscaping Plants and Guidelines for that specific area and must include in
particular:
a. the works shown on the approved site plan.
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
b. a minimum 2.0 metre wide landscaping strip along the Mary Street road
frontage of the subject site, exclusive of the access driveway, generally
uncompromised by infrastructure items.
c. A minimum 1.5 metre wide landscaping strip along the full extent of the
eastern and western boundaries.
d. a 3.0 metre wide vegetated screening of northern elevation of the northern
pavilion from the adjoining properties in Anne Street, designed such that
vegetated screening will be provided within 3 years of the plantings
occurring.
e. vegetated screening of the acoustic barrier adjacent to the western
boundary in accordance with the conditions of this Decision Notice
f. vegetated screening of any electrical transformers, bin storage areas and
the like from the road frontage
g. provision of 1 street tree within the road reserve for every 8 metres of road
frontage
15. 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.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of
$20,000 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
17. 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.
18. The building entrance or reception area must be clearly visible and identifiable
from the street or otherwise provided with signage and lighting at strategic
locations to direct people to the building entrance.
Water & Sewer Connections
19. 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).
20. 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.
Building Appearance
21. All air conditioning units or other mechanical equipment must be located at
ground level, or otherwise fully enclosed or screened such that they are not
visible from the street frontages nor adjoining properties.
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
22. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres, glass panelling or the like, except
where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
23. Advertising devices must comply with the requirements of the Advertising
Devices Code.
24. Construction signage, including that on hoardings, shade cloth and cranes but
not including statutory safety signage, shall not exceed a total of 4m2 to each of
the site’s street frontages.
Fencing and Walls
25. Any street fencing must be setback an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
26. The area of land between the fence and the front property boundary must be
densely landscaped to screen any fencing from the street.
Clothes Drying Areas
27. Each rooming unit must be provided with access to an outdoor clothes line which
is screened from public view.
Protection of Privacy
28. To ensure privacy is protected between adjoining properties, any window/s, deck
or the like that overlooks or has the potential to overlook the private open space
or habitable room windows of neighbouring properties must either:
a. have a minimum window sill height or 1.5 metres above floor level
b. be fitted with translucent glazing
c. be fitted with a fixed external screen
Communal Recreation Areas
29. Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
30. Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement
of use.
ENVIRONMENTAL HEALTH
Amenity
31. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants
(including dust or odours) nuisance or any other emissions in accordance with
the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
32. Noise emission from mechanical equipment shall comply with the following
requirements:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum background + 5dB(A)
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
33. Air conditioning units and swimming pool filtration plant shall be located within
the undercover carpark.
34. Kitchen exhaust points for the development must be located and operated in
accordance with Australian Standard AS1668.2-2002 “The use of ventilation and
air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
35. Submission of written certification from a suitably qualified person confirming that
the noise levels from all mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved
by Council. All equipment should be operating at the same time to test the overall
noise level created.
36. Entertainers or speakers used to amplify noise must not be located in any outdoor
area of the site including recreational areas (pool, space sundeck, and sun
lounges, multi-purpose/flexible lounge/outside deck).
Outdoor Lighting Devices
37. 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.
38. Certification must be submitted to Council from a qualified person which certifies
that all outdoor lighting devices comply with the requirements of this Decision
Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a
qualified person is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years
current experience in the field of outdoor lighting.
Building Demolition/Removal/Relocation
39. Where the development involves the removal, relocation or demolition of a
building, a Waste Management Plan (construction and demolition) in accordance
with Planning Scheme Policy 11, Waste Management Plans must be submitted
and approved by Council’s Environmental Health Officer prior to issue of a
development permit for operational works for demolition, removal or relocation of
any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of
waste for the effective reuse and recycling of such materials. Segregated wastes
attract significantly reduced disposal fees at the landfill with some items free.
Higher gate fees are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable,
recyclable and waste materials. These must be located so that they are
convenient and safe to use.
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
The Plan must contain the following information:
a. The site area for the storage and separation of waste is to be shown on the
plan drawings accompanying the application.
b. A waste management table as indicated below is to be completed showing
how waste material is to be segregated - recycled – reused or disposed.
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify *specify contractor and
proposed re-use contractor landfill site or
or on-site and recycling other disposal
recycling outlet site
methods
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.
WASTE
40. The developer must provide waste storage and disposal facilities in
accordance with Planning Scheme Policy No. 9 "Waste Management Multi-
Dwellings and Commercial and Industrial Premises". The facilities must
include an external impervious area correctly sized for all refuse and
recycling containers and suitably screened from public places and
neighbouring properties. A bin wash area is required with a cold-water tap,
hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage
system. This can be achieved with a nib wall 50mm high and up to 700mm
x 700mm wide (max 0.5m2) , or alternatively the waste area can be roofed,
or any other design approved by Council.
41. Refuse containers must be provided in accordance with the requirements
of the Environmental Protection (Interim Waste) Regulation 1996 and
(Waste Management) Regulation 2000, for the storage and collection of
refuse.
42. Bins must be provided throughout the site to reduce littering. All bins
provided must be for refuse and recycling and be decanted into the bulk
bins by the site operators.
ENGINEERING
Site Specific Conditions
43. The proposed flood barrier must be of a design that is activated by the
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
rising flood levels and the associated hydraulic differential to raise and
lower the barrier. The barrier must not require a power supply or human
intervention. The barrier must be maintained by the property owner in
accordance with the manufacturer’s specifications. The works must be
undertaken in accordance with an Operational Works approval and must
include in particular:
a. Certification from a Registered Professional Engineer of Queensland
(RPEQ) that states that the design of the barrier is suitable for its
intended use.
44. The development must include an internal stairwell connecting the
basement level to the upper floor. The stairwell must be located and
constructed to provide an escape route for people to evacuate the
basement in the event the barrier and/or pump system fails. Plans
submitted as part of any subsequent operational works and building permit
must clearly indicate the stairwell.
External Works
45. Mary Street must be upgraded for the length of its frontage to the subject
site. The works must be generally in accordance with drawing number
17699-SK100 Revision A prepared by TOD Engineers and Project
Managers dated 17 August 2018. The works must be undertaken in
accordance with an Operational Works approval and must include in
particular:
a. construction of new kerb and channelling offset 7.5m (3.5m lane and
4m of cycle lane/parallel parking) from the northern side of the
existing landscaped median;
b. suitable transitions from the new kerb line to join with the existing
kerb at the western and eastern end;
c. landscaping of the verge area;
d. construction of a pedestrian footpath in accordance with the
conditions of this Decision Notice;
e. removal of the existing property accesses and reinstatement of the
kerb, footpath and verge area to match the balance of the site
frontage, including the provision of topsoil and turf where the existing
verge is grassed.
Condition 45 is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
Site Access and Driveways
46. A sealed access driveway must be provided from Mary Street 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 crossovers generally in accordance with Council’s Standard
Drawing Number RS-051 and any associated addendum.
b. suitable safety measures, including warning signage, to improve
driver awareness of the flood barrier, service vehicles and
pedestrians and to enhance driver and pedestrian safety. Warning
signage must be provided near the exit ramp from the underground
parking area and the guest/service area to warn motorists of
pedestrian movement along the frontage street.
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ORDINARY MEETING MINUTES 15 NOVEMBER 2018
Car Parking
47. A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space,
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:
a. 13 customer parking spaces (including 4 scooter spaces) within the
total, which are clearly marked for that purpose and accessible at all
times for visitor use.
b. 3 staff parking spaces within the total, which are clearly marked for
that purpose.
c. 1 courtesy bus space within the total.
d. 2 disabled parking space/s within the total.
e. dimensions, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
f. Provision of 20 bicycle parking spaces.
48. 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.
49. Directional signage must be provided to direct visitors and customers to the
car parking spaces provided on site.
Service Vehicles
50. 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.
Pedestrian and Bicycle Facilities
51. 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. a 2 metre wide footpath within the road verge for the entire length of
the site’s frontage to Mary Street.
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being
necessary trunk infrastructure identified by Council’s LGIP to service the
development.
Stormwater Drainage
52. 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. the works shown on drawing number 17699-SK101 Revision A
prepared by TOD Engineers and Project Managers dated 17 August
2018, with the inclusion of the following:
i. The storage tank must have sufficient capacity to cater for the
runoff from the driveway in a 1%AEP rain event as a minimum.
ii. A back up power system for the pump that is independent of
the mains network.
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Acid Sulfate Soils
53. 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. The Acid Sulfate Soil and Groundwater Management Plan must
specifically address how lowering of the groundwater level as a result of
the works will be avoided.
*(Refer to Advisory Note)
54. All waters, including stormwater runoff, groundwater seepage and leachate
from acid sulfate soils must achieve the following quality prior to release
from the site:
a. a pH range of 6.5-8.5 pH units
b. 50mg/L maximum total suspended solids concentration
c. 0.3mg/L maximum total iron concentration
d. 0.2mg/L maximum total aluminium concentration
e. no visible plume at either the point of release from the site or within
a waterway
55. The basement must be designed and constructed as a water excluding
structure in accordance with Australian Standard AS3735 "Concrete
Structures for Retaining Liquids" to ensure groundwater does not enter the
basement after construction is completed.
56. All treated material must undergo verification testing at the rate of one
sample per 250m3 throughout the duration of the excavation phase of
the development. The verification testing must be undertaken by a
qualified person* using the SPOCAS or Chromium Reducible Sulphur
testing suite, and the results must be submitted to Council for appraisal.
Electricity and Telecommunication Services
57. 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.
58. 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.
Earthworks and Retaining Walls
59. All earthworks 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.
60. 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.
Preparation of a Preliminary Construction Management Plan
61. A preliminary Construction Management Plan must be submitted with the
Operational Works application and must address the following:
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a. traffic management during all aspects of the construction phase
including:
i. a Traffic Management Control Plan in accordance with the
Manual of Uniform Traffic Control Devices (MUTCD) detailing
all temporary signage and traffic control measures prior to
construction
ii. maintenance of safe pedestrian access for the areas affected
by the works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of
the development
iv. approval of the Traffic Management Control Plan by the
Department of Transport and Main Roads (DTMR) for any
works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage
lines through the construction site, through the implementation of
appropriate erosion and sediment control measures
c. works programme identifying key components of the works and their
respective durations
d. 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
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill/dump sites, 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
g. 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.
Damage to Services and Assets
62. 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.
Noise Monitoring
63. A noise monitoring system must be installed which measures noise levels
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at the boundary adjacent to the nearest residential zoned land.
64. The on-site receptionist/manager must respond and terminate the relevant
noise source should the noise levels exceed:
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
C. Note the following reasons for approval with conditions varying from the staff
recommendation:
1. The site has been specifically identified as suitable for the proposed use in
the Planning Scheme;
2. The proposed height of the building is below the maximum suggested by
the Probable Solution in the Planning Scheme and includes a range of
features that are consistent with the principles of sustainable design in the
sub tropics;
3. The scale and form of architecture will positively contribute to the desired
look and feel of Noosaville and the Mary St streetscape; and
4. The conditions can be imposed to ensure onsite management, together
with building design, can achieve the desired standards to protect the visual
and acoustic amenity of adjoining and nearby residential premises.
Carried.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 20 December 2018 at Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 7.50pm.
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