Negotiated Decision Notice MCU18 0097 · MCU18/0097

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	MCU18/0097
Your Reference:	12332
22 November 2019
Good Shepherd Lutheran College
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 21 November 2019, Council decided your representations. This negotiated decision notice replaces the decision notice dated 15 August 2019.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU18/0097
Street address:	115 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 30 SP 170751
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 15 August 2019:
A.	Decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Education Type 2 School - Car Park)
B.	Found the following matters were relevant to the assessment and sufficient reason to approve the application:
The Industry zoned site adjoins a sensitive land use (school) and is stand-alone and isolated from surrounding industrial land in the area, being separated by the major road network. The proposed development is more compatible and appropriate with the adjoining school in comparison to an industrial development.
The proposed development will formalise the existing use of the land and assist in addressing the demand for on-site car parking of the existing school development.
Lot 30 SP170751 is the only vacant private freehold site adjoining the existing school and presents a logical expansion of the school.
C.	Council also resolved to advise that any proposed layout (as indicated in the submitted masterplan – Attachment 3) which seeks to move the primary vehicle access to the site from the Goodchap Street roundabout to Walter Hay Drive and fails to provide an appropriate internal link between the existing and proposed car park areas, is considered to result in a highly undesirable traffic outcome and is unlikely to be supported by Council as a result.
In relation to representations, Council on 21 November 2019 decided to:
Agree to amend condition 2
Refuse to delete conditions 6b, 13a & 20a.i
1.	Deletion of 6.b. would result in unlimited access to the car park and adversely impact on the capacity and operations of the existing road network, contrary to the Driveways and Carparking Code.
2.	Deletion of 13.a. would result in detrimental impacts to downstream flow, water quality and ecosystem health, contrary to the Water Sensitive Design Code.
3.	Deletion of 20.a.i. would result in insufficient canopy trees, required to shade vehicles and to reduce reflective radiation, contrary to the Landscaping Code.
C.	Council also resolved to advise the applicant the overall car parking arrangement (except landscaping) depicted in Attachment 2 is considered generally in accordance with the approval
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager 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
P004	G	Proposed Car Park Layout, drawn by Odyssey Consulting Group	17.06.19
P013	6	Pick-up / Drop-off Layout Plan, drawn by Odyssey Consulting Group	17.06.19
Project No: K4277-0002-E	E	Conceptual Stormwater Management Plan, prepared by Odyssey Consulting Group	18 June 2019
Nature of Approved Use
3.	The car park must remain and operate as part of the Good Shepard Lutheran College.
Land Amalgamation
4.	All properties the subject of the development must be amalgamated, prior to the commencement of the use.
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 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.
ENGINEERING
Traffic
6.	The traffic layout is to be as designed, constructed and operated as shown on Odyssey Consulting Group drawing numbers K4277 P004 G and P013 6, modified / clarified as follows:
a.	The parking layout is to comply with the requirements of the AS/NZS 2890 series of Australian Standards.
b.	On school days prior to 4.00pm, the new large parking area is to be used for staff parking only.  The applicant is to submit a parking management plan for the approval of Council detailing how use of that parking area will be managed to achieve that outcome, including boom gate locations, means of accessing through the boom gate/s, signage detailing operation, etc.
c.	The existing bus zone in the Walter Hay Drive parking area (closest to the campus) is to remain for bus use only. Cars are to be prohibited from usage of the bus zone area and signage must be installed to ensure that outcome. The details of the signage must be included in the required Operational Works application. To be clear, only buses are to be permitted to use or travel through the existing bus zone and cars are to be prohibited.
External Works
7.	The existing property access in the Eumundi Noosa Road frontage of the site must be wholly removed as part of these works. The works must also include the reinstatement of the kerb, footpath and verge area to match the adjacent areas of the road reserve, including the provision of topsoil and turf.
Site Access
8.	A suitable sealed access must be provided from the school’s service road to the carparking area and be generally in accordance with drawing number P004 Revision G – Proposed Car Park Layout” prepared by Odyssey Consulting Group dated 17 June 2019. The works must be undertaken in accordance with an Operational Works approval and must include in particular suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety.
Car Parking
9.	The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number P004 Revision G – Proposed Car Park Layout” prepared by Odyssey Consulting Group dated 17 June 2019. The works must include in particular:
a.	dimensions, crossfalls and gradients in accordance with Australian Standard AS2890.1:2004 Parking Facilities for the relevant user class
10.	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.
11.	Directional signage must be provided for the relevant users and/or vehicle types that may access the site.
Pedestrian Facilities
12.	Pedestrian 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 concrete pedestrian pathway on the western side of the school’s access road connecting the existing pathway in Walter Hay Drive to the internal school pathway network
b.	pedestrian pathways within the proposed car parking area and connections to the internal school pathway network
c.	clear demarcation by pavement marking, signposts or changes in surface materials or levels
Stormwater Drainage
13.	The application for Operational Works Stormwater Drainage must be supported by detail design plans that demonstrate that the development shall be constructed generally in accordance with the Conceptual Stormwater Management Plan for Proposed Carpark Lot 30 on SP170751 115 Eumundi Noosa Road, Noosaville, Revision E By Odyssey Consulting Group dated 18 June. Except as amended below:
a.	The detention tank parameters must be amended to separately detain waters from each catchment for subsequent treatment and discharge to the filter media surface of the respective bio retention basins.
b.	The Operational Works application for the development must demonstrate that the active filter media surface areas of the bio retention basins are 34m2 and 13m2 respectively. The active filter media area does not include footprints occupied by inlet scour protection or the riser pit.
c.	Non- aggressive root system tree species such as Banksia robur may be planted on the batters of the bio retention basins, but not within the active filter media area of the bio retention basins.
d.	That construction shall be managed in accordance with Table A  Appendix 2 of the State Planning Policy including for construction areas in excess of 2500m2 to be treated through sediment basins capable of treating 80% of the average annual runoff from the site to 50mg/L Total Suspended Solids.
14.	Signage in accordance with Noosa Design Guidelines must be visible within the Bio-retention basins and state: This bio retention basin polishes stormwater prior to discharge to Noosa River and provides habitat for animals.
15.	The bio retention basins must be maintained in accordance with the Water by Design Guidelines for Maintaining Vegetated Stormwater Assets and maintenance records must be made available to Council on request.
16.	Prior to commencement of use, the applicant must demonstrate to Council how the Water by Design Guidelines for Maintaining Vegetated Stormwater Assets are referenced in the Good Shepard Lutheran maintenance protocol/ strategy to ensure ongoing maintenance of the bio retention basins.
Earthworks and Retaining Walls
17.	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.
18.	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.
Damage to Services and Assets
19.	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.
Landscaping Works
20.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
a.	the works generally shown on the approved plans except where amended by the conditions contained herein:
i.	Provision of additional 100L shade trees in carparks 47, 28, in the areas between carpark 93 and 72, 81 and 60, as numbered on Odyssey drawing P004 Rev G dated 17-06-19.
ii.	100L shade trees within the carpark areas must be local native species.
iii.	Provision of a minimum of 5m3 structured suitable soils for each carpark tree.
iv.	Any landscape plan must accurately show the locations of structures, including water quality devices, retaining walls, lighting and underground services.
21.	The existing trees shown on the approved plans located at the frontages of the site and in the road reserve must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
22.	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.
23.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Electricity Infrastructure – Adjoining Substation Site
24.	Mature plants or trees must not grow in excess of 3.5 metres in height and maintain a sufficient buffer at the boundary to minimise overhang into the adjoining substation site.
25.	The proposed development must ensure that stormwater and drainage are managed to ensure no worsening to adjoining electrical infrastructure.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Response

Advice	Energex Asset Management North GPO Box 1461 BRISBANE  QLD  4001	The agency provided its response on 17 July 2019 (Reference No. HBD 6694258). A copy of the response is attached.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Stormwater, Landscaping, Access, Car parking
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc	Energex
DECISION NOTICE HISTORY
Original Decision Notice – 15 August 2019.
Negotiated Decision Notice – 21 November 2019, with an amendment to condition 2, refuse to delete conditions 6b, 13a & 20a.i

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.(2)	The notice of appeal must be accompanied by the required fee.(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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‘Should it be necessary to transport equipment or extend any equipment, such that these
Clearances cannot be confidently maintained, you are required to contact our office to
‘ascertain whether a Safety Officer is required on-site. All operators of machinery are to be
made aware of the presence of high voltage conductors.

‘+ Allleasement conditions must be maintained.

‘= Allprevious conditions must be adhered to and Energex may, at its discretion,
‘audit the finished development to check that it conforms to the conditions of the
development.

‘+ Detailed civil design drawings showing any proposed cut and fill levels on the
‘easement and the location of the Energex assets in relation to the proposed

development must be approved by Energex before any works can commence
on site.

Reference: HaD 604152

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17 July 2019

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[email protected]

Attention: Billy Glover

Dear Lewis,

Development Application - Material Change of Use for Education —
Type 2 School (Car Park) located at 115 Eumundi Noosa Road,
Noosaville, described as Lot 30 on $P170751.

Applicant Ref: 12332

Council Ref: MCU18/0097

Our Ref: HBD 6694158

We refer to the above referenced Development Application which has been
referred to Energex Limited in accordance with the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of,
the Electricity Act 1994 and the Electrical Safety Act 2002. This response
has been provided pursuant to the requirements of section 56(1) of the
Planning Act 2016.

‘Should the Assessment Manager decide to approve the proposed Material
Change of Use for Education - Type 2 School (Car Park), as an Advice
Agency for the Application, Energex requires that the Assessment Manager
impose the following conditions:

1. This application is approved in accordance with the below referenced
plans. Any alterations to these plans before the development
application is decided are to be resubmitted to Energex for comment:

 

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2. When considering landscape designs, mature plants or trees must not grow in
‘excess of 3.5 metres in height and maintain a sufficient buffer at boundary to
minimise overhang into the adjoining substation site. Please visit
nttos:/www. energex.com_au/home/safety/safety-around-the-network/safetree-
plants for a full ist of safetrees plants.

3. The proposed development should ensure that stormwater and drainage are
managed to ensure no worsening to adjoining electrical infrastructure.

‘Any further works should be in accordance with Energex Standard Guidelines OH03/12
{for general conditions when considering works either on an Energex easement or in the

vicinity of Energex assets. These are attached for your reference.

‘Should you require any further information on the above matter, please contact Angela

Collins on (07) 3664 5057.

Yours faithfully,

Angela Collins
‘Senior Planner

Reference: HaD 604152

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Standard Guidelines QH-03/12

When considering Works, either on Energex easements or in the vicinity of Energex
assets, please be aware of the following general conditions:

+ Salistactory clearance from your proposed structure tothe existing (andlor future)
electricity wires must be maintained in accordance with the Electrical Safety
Regulations 2002,

* No civil works are to occur within 5 metres of any part of an ENERGEX Structure (e.9.~
‘tower base, pole or stay) without Energex approval

+ Ifthe minimum Sm horizontal separation to the Energex structure cannot be achieved,
the Developer must consuit Energex with regards to allowable construction methods.
‘This may include full depth shoring of the excavation sides for a minimum of 5 metres
either side of the structure.

+ Any excavations deeper than Sm must have a minimum horizontal separation from the
excavation to any tower, base or pole at least equal tothe excavation depth. The
excavation is not to be left open overnight and backill is to be compacted in 150mm
layers in the immediate vicinity of the structure.

+ 10 metres clear access must be provided around all towers and pole structures after
‘the completion of any works on the easement.

‘Natural ground level on the easement should not be disturbed without Energex
approval.

+ Final ground levels should slope gently tothe edge of the easement, surrounding area
‘or kerb such that pooling of water on the easement is avoided and conductor ground
clearances are not decreased.

+ Stockpiling of spoil on the easement is prohibited.

‘+ Proposed underground services such as stormwater, sewerage, water and the lke are
‘to be kept to the outer edge of the easement. Services crossing the easement should
be as near as practicable to right angles to the overhiead conductor direction and not
‘within 10 metres of any tower, pole or stay. Pipelines and crossings are to be clearly
‘marked. Please submit the relevant design drawings to the Principal Mains Design
Engineer for review.

‘The identification, assessment and mitigation of any possible hazards in the service
due to electromagnetically induced voltages, is the responsibilty of the Developer.

+ Any cutin the vieinity ofa structure or between a structure and the road kerb will need
‘to be stabilised by a retaining wall. The retaining wall design and location is to be
submited to Energex for approval

+ Any costs incurred by Energex as a result ofthe works on the easement are to be met
by the property Developer / owner.

* Access to the easement and access along the easement must be available to Energex.
personnel, including vegetation crews and regular routine line inspection crews, and
heavy equipment, such as Heavy Trucks, Machinery and Cranes for construction,
maintenance and emergency services, at all imes.

Reference: HaD 604152

Did you know Energex has a referral website?
nts energex com aulhomelour senses eonnectoreldevelopment aplication referrals

 


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‘+ Existing access tracks must be re-instated, repaired or maintained ifthey are damaged
during construction or other activities.

‘+ Energex will require the Developer / owner to supply and install gates where fencing
prohibits access to and along the easement area. To enable travel along the easement
at anytime the gates must be series locked with an Energex padlock. Both the padlock
and a design drawing of an acceptable gate will be provided by Energex.

‘+ Lighting structures are not permitted in the easement without prior written consent of
Energex. Lighting designs for proposed developments (e.g. road, carparks etc) on the
easement are likely to require reduced height structures. Please submit detailed design
‘to Energex for approval. These drawings must clearly show the following:

‘a. Proposed height of the lighting structures and the ground level at the
‘structure base,

Relative (to lighting structures) ground levels at Energex structures (towers,
pole etc) either side of the lighting structures, and

cc. The location of the Energex structures in relation to the proposed lighting

‘+ Pools and structures (including lighting structures) or metal fences are not
‘permitted to be installed on or near Energex easement without prior approval or
notification,

‘+ Rubbish, materials and / or tall equipment such as cranes and excavators are
‘not permitted to be stored or used on the easement.

‘+ Excavations or mounding of material under or close to conductors or Energex
structures is not permitted

‘= Energex must be notified of construction on or near the easement, conductors
or structures prior to commencement of construction.

‘= All construction work must be clear of the easement unless construction risk
hazard is identified. High voltage clearances must be maintained prior to
‘construction commencing.

‘+ Waming signs may be required during and after construction.

‘+ Consideration must be given to the type of vegetation planted in Park Areas
within and near the Energex easement. Any proposal for landscaping on the
‘easement must have prior approval from Energex. Please submit the relevant
landscaping design to Principal Mains Design Engineer for approval. When
considering landscape designs the planting of trees must be kept to the edges of
the easement and not under any overhead conductors. When mature, plants or
‘trees must not grow in excess of 3.5 metres in height. If pertinent the Energex
Guide to "Powertine Friendly Plants” will be enclosed, please refer to this Guide for
recommended species.

‘+ At all times the following clearance must be maintained from the top of any
‘machinery moving in the vicinity of energised conductors:

‘= 132kV and 110kV conductors — 4.5m minimum clearance
‘= 33KV and 11KV conductors — 3m minimum clearance

Reference: HED e004152

Did you know Energex has a referral website?
nts energex com aulhomelour senses eonnectoreldevelopment aplication referrals