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Decision Notice - Minor Change - 132007 12 9 [As Published]
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: 132007.12.9
Your Reference: WTJ22-514
22 June 2023
DWML Subsidiary Pty Ltd as trustee for DREP1 Noosaville Trust
C/- Willowtree Planning Pty Ltd
Suite 1 Level 10
56 Berry Street
NORTH SYDNEY NSW 2060
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 December 2022, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132007.12.9
Street address: 88a Goodchap St Noosaville Qld 4566 & 90 Goodchap St
NOOSAVILLE QLD 4566
Real property description: Lot 4 SP 196846
Lot 1 SP 264909
Part Lot 3 SP 264909
Lot 1 SP 264909
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 13 December 2007
• Development Permit for Material Change of Use – Commercial Business Type 1 & 2,
Education Type 3 – Adult, Retail Business Type 1 – Local & Type 2 – Shop and Salon,
Entertainment and Dining Type 1 – Food & Beverage.
In relation to the request to make a minor change to the existing approval, Council on 15 June
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 1, 12 and 13 and;
C. Include the following additional conditions 78, 79, 80, 81, 82 and 83.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Land Use
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
CP 2.02C-2 4 Proposed Parking on site, prepared by 23 February 2023
Team2 Architects
DA-02-F 3 Proposed Overall Podium Level, 23 February 2023
prepared by Team2 Architects
DA-03-F 1 Proposed Overall Upper Level, prepared 23 February 2023
by Team2 Architects
0427- DA05E - Stage 2 Podium Plan, drawn by Middap 13/12/2007
Ditchfield Pty Ltd
0427 - DA06E - Stage 2 Upper Floor Plan, drawn by 13/12/2007
Middap Ditchfield Pty Ltd
0427 - DA07D - Stage 2 Roof Plan, drawn by Middap 13/12/2007
Ditchfield Pty Ltd
Proposed Elevations & Sections,
0427- DA09D - drawn by Middap Ditchfield Pty Ltd 13/12/2007
Plan of Lots 4, 5 & Emt D (Restricted)
in Lot 4 SP 196846, drawn by Jones
Flint & Pike
DA 01F Site Plan, drawn by Middap
- Architecture Pt (as annotated by March 2017
Council)
DA 02F - Level 1 Plan, drawn by Middap March 2017
Architecture
DA 03F - Level 2 Plan, drawn by Middap March 2017
Architecture
DA 04F - Level 3 Plan, drawn by Middap March 2017
Architecture (as annotated by Council)
DA 05F 1 Elevations (North-east & South-East), March 2017
drawn by Middap Architecture (as
annotated by Council)
DA 06F - Elevs (South West & North West) and March 2017
Section
DA—201 1 Elevations, prepared by Team2 19 December 2022
Architects
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2. 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 nuisance or other emissions.
3. The open space and setback areas are to be landscaped in accordance with Council's
Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by
a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
completed prior to the premises being occupied and maintained at all times thereafter.
The Landscape Plans required to be submitted are to demonstrate dense vegetation
comprising native trees and shrubs and include some mature plantings within the setback
areas of the proposed car park structure, to assist providing a visual screen and buffer to
adjoining residential premises.
4. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. All goods are to be displayed on site within the property boundaries and/or on the
premises approved for the use.
7. Secure bicycle racks shall be provided on site to accommodate a minimum of 48
bicycles. The proposed bicycle racks shall be identified on the plans submitted for
Operational Works approval and shall be located to the reasonable satisfaction of the
Council.
8. End of trip facilities shall be provided within the approved buildings at a minimum rate of
24 lockers and 4 showers.
9. Deleted.
10. The proposed development shall not exceed a maximum height of 2 storeys and 10
metres above natural ground level with the exception of;
a. building B, which may be 3 storeys in height; and
b. stage D building (refer Site Plan DA 01F) which must not exceed a height of 9.8 metres
above natural and finished ground level, with the lift overrun not exceeding 10.5 metres.
11. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of work confirming compliance with the
maximum allowable building height as required by the condition 10 of the approval.
12. The development is permitted a total maximum use area of 6,826m² with each individual use
having the following maximum use areas:
a. Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact area
and 1,998m² of non-student contact area;
b. Retail Business - Type 1 – Local, 100m²;
c. Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business Type
1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
d. The remaining use area being available for:
i. Commercial Business Type 1 – Office;
ii. Commercial Business Type 2 – Medical; and
iii. Commercial Business Type 3 – Veterinary.
Student contact area comprises all areas used for student lectures, tutorials or the like.
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Car Parking
Off Street
13. The development shall provide car parking spaces on the site at a minimum rate of 369 car
parking spaces (including 40 parking spaces for the childcare centre) for Stages A, B, C &
E, with a total of 403 car parking spaces at the completion of Stage D (refer Site Plan DA
01F). Provision for 16 motorcycle or scooter park spaces must be included in the total number
of car spaces.
14. Any new kitchen, laundry and bathroom fittings are to comply with the AAA Water
Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products
- Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage
Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per
min. Dishwashers and washing machines are excluded from this requirement.
15. Deleted.
16. The development shall be undertaken in accordance with the recommendations of the
Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
17. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
must be submitted, 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.
18. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
19. The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses
if the use has not happened by 17 February 2014, unless an application to extend the
currency is approved by Council.
20. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Reconfiguring a Lot
21. The lot reconfiguration shall be in accordance with plan SP196846 as submitted by
Jones Flint & Pike Pty Ltd except as modified herein.
22. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal
documentation shall be presented to Council and shall be submitted in the correct form
with the fees prescribed in Council's adopted fee schedule.
23. Pursuant to Section 3.7.3(3)(c) of the Integrated Planning Act, all outstanding rates and
charges due and payable to Noosa Council in respect of the lots being reconfigured shall
be paid prior to endorsement of the Plan of Survey.
24. The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to
Lot 1 on RP802360 on either side of Council's pathway to assist service vehicle access.
An underground electricity service shall be provided to service all parts of Lot 4 if not
already provided. The service shall be provided before the use commences.
25. All parts of lot 4 shall be serviced by water supply appropriate for necessary
requirements, such as firefighting. The service shall be provided before the use
commences.
Vehicle Access
26. The eastern site access intersection shall be modified to increase the length of the
parallel right turn storage lane to at least 20 metres.
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27. The existing primary vehicular access driveway off Goodchap Street (eastern access)
shall be modified by the construction of a splitter island at the entrance should be
extended to preclude right turns in or out of the car parking aisle along the front of the
eastern building.
28. All driveways shall be designed and constructed to Council's design standards and to
grades that prevent vehicles from scraping and/or bottoming whilst also allowing
pedestrians movements along the footpath without any step or level difference. Should
any driveways be constructed to grades that do not comply with AS2890.1-2004, Council
will require that the driveway be removed and reconstructed to levels that do comply.
29. To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists
on the footpath, the driveway and any associated fencing or vegetation near the
driveway shall comply with the minimum sight line requirements as defined in AS2890.1,
section 3.2.4. The applicant shall demonstrate compliance by illustrating these sight
lines on the plans submitted for both Operational Works approval and Building Works
approval.
30. In regard to the existing pathway between the two parts of Lot 4, buildings shall be
modified as necessary to achieve these sight distances and this compliance
demonstrated in the plans submitted as part of the operational works approval. The
crossing shall also be a raised type, be appropriately lit and give priority to pedestrians
and cyclists.
31. The access to and from Traders Lane will only be permitted for use by service and
emergency vehicles. A sign indicating this shall be installed at the exit.
32. In any operational works application, the developer shall demonstrate by the way of a
turning template, that service and emergency vehicles can access the site via Traders
Lane. If this cannot be achieved the building shall be set back or modified to allow entry
of these vehicles.
33. All vehicles shall enter and leave the site in a forward direction.
Loading Areas
34. Two combined loading zone/carpark spaces shall be included on site and operate as a
Loading Zone between the hours of 8 am to 11 am weekdays and shall be sign posted to
indicate this.
35. The combined loading zone / carpark space shall be sized to accommodate a small rigid
vehicle in accordance with AS 2890.2 - 1989. These spaces will be indicated on the
operational works application for car parking.
Car Parking
Off Street
36. The development shall provide car parking spaces on the site at a minimum rate of 369
car parking spaces (including 40 parking spaces for the childcare centre) for Stages A,
B & C, with a total of 403 car parking spaces at the completion of Stage D (refer Site
Plan DA 01F). Provision for 8 motorcycle or scooter park spaces must be included in the
total number of car spaces.
37. All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles,
although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles. In all
other respects, the designs should comply with AS2890.1 - 2004.
38. Vehicular access to the site shall be primarily from Goodchap Street and car parking shall
be generally in accordance with the approved plans.
39. All carparking shall be kept, maintained and line-marked in a condition fit for use.
40. All staff carpark spaces shall be clearly defined by line marking each space with the
words "Staff Parking Only" and by sign posting each space with a similar wording.
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Pathway Lighting
41. The existing pathway between the two existing lots shall have lighting installed from
Goodchap Street to the rear boundary of Lot 4. This lighting shall have a high energy
efficient rating to the reasonable satisfaction of Council and be designed to meet
appropriate safety standards and not to adversely impact residences in the area.
Vegetation Protection & Preservation
42. Vehicular pavements within the drip zone of any of the existing trees on site to be
retained shall be designed as a pervious pavement (such as grass paving cells or
similar), as this will allow water that falls on this surface to penetrate to the trees root
system. The pavement shall be constructed so as not to damage the tree or their root
system and in this regard temporary fencing shall be provided around the trees during
construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent
of the pervious pavement and the temporary fencing prior to obtaining a Development
Permit for Operational Works.
Frontage Works
43. Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in
accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
Roof Water & Stormwater Drainage
44. Stage A - Roof runoff from any new building shall be directed to a rainwater storage
system or tank (minimum storage the greater of 5000 litres or 15 litres/m2 of roof area)
that is installed to ensure water from the tank is used for external uses (such as watering
gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use
in flushing of toilets internal to the building. All rainwater tanks are to be designed and
installed in accordance with the Queensland Development Code (QDC), Part 25 -
Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
building approval. The location and capacity of the tanks shall be clearly shown on the
plans submitted for Building Works / Operational Works approval and any overflow shall
be directed to an approved discharge point.
All stages:
45. All stormwater drainage (including roof water overflow from the rainwater storage
system) must be collected and discharged so there is no net increase in stormwater
runoff from the site.
46. A Stormwater Management Plan must be submitted to Council in conjunction with an
operational works application to demonstrate how water quality and quantity objectives
are to be met as follows:
• No increase in peak flow runoff from the site up to and including a one in 100 year ARI.
• 80% reduction in total suspended solids;
• 60% reduction in total Phosphorus
• 45% reduction in total Nitrogen compared to an unmitigated development scenario.
This Management Plan must set the objectives and include a plan indicating location
and sizing of the devices prosed. The operational works application shall be in
accordance with this plan and buildings must be modified if required to accommodate the
treatment infrastructure wholly within the allotment.
A maintenance plan for the treatment devices must be complied with for the duration of
the approved uses.
A Development Permit for Building Works must not be granted until a Development
Permit for Operational Works has been issued in regard to the drainage scheme.
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47. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
48. All parts of the site shall be connected to Council's existing sewerage reticulation
systems and be constructed in accordance with Council's standards and requirements
at no cost to Council.
Town Water Supply
49. All parts of the site shall be connected to Council's existing town water supply and be
constructed in accordance with Council's standards and requirements at no cost to
Council.
50. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the
development shall be served by:
50.1 A single Body Corporate water meter to measure the total water consumption
(including fire hose reels, but excluding fire hydrants and fire sprinkler systems),
and
50.2 Individual water meters to each tenement capable of being separately rated, and
50.3 A fire service (fully testable single detector check with metered bypass), where
applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
reels).
Earthworks
51. Filling works required on site shall be carried out in accordance with Section 3.8 of
Council's Engineering Design Standards Manual and so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any
existing overland flowpaths. Detailed site surveys indicating natural surface levels and
contours of the adjoining properties must be provided with the application for a
Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-
path within the development site that caters for drainage from the adjoining sites for a
design storm with an Average Recurrence Interval of 1 in 100 years. A private easement
for the Drainage of Water encompassing the drainage pipes or overland flow-path will
also be required. In this regard a Development Permit for Operational Works shall be
obtained.
Should evidence be provided to Council indicating that no additional ponding of
stormwater will occur on the adjoining properties the requirement for the drainage pipes,
overland flow- path and easement shall not apply.
52. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification. In this
regard any fences to be replaced shall be clearly shown on the plans submitted for
Operational Works approval.
Acid Sulfate Soils
53. As the site is located below the 5m AHO, any excavation works consisting of 100m3 or
greater and/or any filling works consisting of 500m3 or greater and with an average depth
of 0.5m or greater will need to be carried out in accordance with State Planning Policy
2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard
appropriate testing and supporting documentation prepared by a suitably qualified
specialist shall be submitted to Council for approval prior to obtaining a Development
Permit for Operational Works.
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Erosion and Sediment Control
54. Any person acting on this permit shall prevent erosion and sediment export from leaving
the site. Site control measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are
required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.
55. Monetary contributions shall be paid to Noosa Council towards the cost of providing
and/or upgrading various infrastructure at the rates applicable at the time of payment.
An estimate only of the contribution amounts under the current Council policies and
requirements is outlined in the table below:
STAGE B TOTAL
Contribution Required For: STAGE A (in addition to Stage A+
Stage A) Stage B
PSP12 - Public Open Space $3,233 $0 $ 3,233
Contributions (Park)
PSP16 - Seweraqe Headworks $ 34,617 $ 14,785 $49,402
Contributions
PSP17 -Water Supply Headworks $29,629 $25,727 $55,356
Contributions
PSP20 - Pathway Trunk Network $ 3,266 $0 $3,266
Contributions
TOTAL Contribution Amount = I $ 70,745 I $40,512 I $111,257
Please note, that these amounts are all subject to variations in the Consumer Price
Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational
Works for the relevant stage.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for
the bonding of contributions will incur an administration fee in accordance with Council's
Land Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises
lapses or is cancelled, the paid contributions and/or the trading bank guarantee will be
returned.
General
56. A suitably qualified Registered Professional Engineer shall prepare engineering
drawings and specifications for all engineering works that will become Council
infrastructure, which shall be submitted in conjunction with an application for a
Development Permit for Operational Works. To avoid conflict with underground pipes or
services, all existing and proposed services required by the development shall be shown
on the plans.
57. Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site shall be at no cost to
Council.
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58. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site shall be covered to prevent materials including dust being
windblown from the vehicle.
Environmental Health
59. 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", including an external imperviously paved area correctly sized
for all refuse and recycling containers and suitably screened from public places and
neighbouring properties .
60. Refuse containers .must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
61. All refrigeration plant including motors, shall be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance
beyond the subject land in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.
62. Noise emission from air conditioning equipment shall comply with the following
requirements:
62.1 The equipment shall be installed and located in a manner which prevents noise
nuisance beyond the subject land in accordance with the nuisance provisions of
the Environmental Protection Regulation 1998 and Council's Local Law No. 12 -
Control of Nuisances. Infringement Notices (on-the-spot fines) may apply for
offences.
62.2 Submission of written certification from a suitably qualified person confirming that
the noise levels comply when measured at the nearest residential boundary. This
is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council.
62.3 A perso
· n must not use equipment on any day if it makes or causes noise
to be made
62.3.1 Before 7am or after 1Opm: More than the lower of either -
• 40 d(B)A
• 3 d(B)A above the background noise level
62.3.2 From 7am to 7pm: More than the lower of either -
• 50 d(B)A
• 5 d(B)A above the background noise level
62.3.3 From 7pm to 10pm: More than 3 d(B)A above the background
noise level.
Additional Conditions (7/3/08)
63. The applicant shall enter into an infrastructure agreement with Council with regard to the
provision of private services within the 5m wide road reserve that divides the two separate
parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of
the infrastructure agreement shall:
a) Provide for the installation, maintenance and preservation of the private water an
electrical services that supply the separate parts of Lot 4,
b) Provide for the maintenance of the road reserve in those parts affected by the
private services,
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c) State that the applicant is responsible for obtaining approval for the design and
construction of the various services from the relevant authority,
d) State that the design and construction of the services shall be wholly at the
applicant's expense and shall not entail a financial encumbrance on future
purchasers of the proposed lot, and
e) Be to the satisfaction of the Department of Natural Resources and Water
(DNR&W). If DNR&W does not consent to the private services crossing their land
the applicant shall find an alternative means of providing services to the balance
of Lot 4 prior to the use commencing.
64. The required contributions shall be paid to Council and the associated car parking
constructed.
Additional Conditions (16/3/10)
65. Deleted
66. Where vehicular access arrangements are varied in accordance with the alternative
access arrangements identified by Condition 69, the applicant shall design and construct
an indented bus bay in Goodchap Street to replace the existing kerb side bus stop
located in the frontages of No 135-137 Goodchap Street. The works for the bus bay shall
include but not be limited to the following:-
i. Be located generally in accordance with Drawing No. P1OC, Job No. 06679
prepared by TOD Noosa dated 29 May 2009,
ii. Be designed and constructed generally in accordance with Translink's "Regular
Stop" as shown on Translink Drawing No. TL-R02 with the following
modifications:
a. The kerb type in the tapers must provide unimpeded access to the two
affected residential properties,
b. The minimum taper on the approach should be approximately 20m,
c. The new taper should be 1 in 7, and
d. The minimum length of the bus stop itself is 20m.
iii. The pad, seat, bin, signage and tactile indicators as shown on Translink's "Regular
Stop" as shown on Translink Drawing No.TL-R02.
iv. Any modifications to and realignment of the existing residential access driveways,
v. A 2m wide concrete footpath connecting the bus stop to the existing footpath in
Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council as part of an application for Operational Works.
67. Prior to the issue of any Building Approval and commencement of the construction of
Stage D (refer Site Plan DA 01F) in the northwest corner of the site, an Operational
Works approval shall be obtained to address necessary vehicle access arrangements
and additional vehicle movements to, and within the site.
Additional conditions 18 July 2019
68. Staging of the development is to be in accordance with Site Plan DA 01F (as annotated by
Council).
Access for Stage D
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69. Vehicular access arrangements must be varied to allow for an alternative access
arrangement for northern vehicle access to the site from Goodchap Street. The
alternative access arrangement shall be generally in accordance with Drawing No.
17548-C003 Rev B prepared by TOD Noosa dated 14 September 2018. The works shall
include but not be limited to:-
i. The linemarking necessary to provide the right turn lane and
associated medians,
ii. The direction linemarking within the existing access,
iii. The widening of the current vehicle crossover, and
iv. Any works associated with the existing Telstra pit to the satisfaction of Telstra.
Suitable certification from Telstra shall be submitted to Council prior to the
commencement of any works and at the completion of the works.
Further, a schedule of works, specifications and plans detailing this work shall be
prepared and submitted to Council for approval as part of an application for Operational
Works
Pedestrian Access – Stage D
70. The pedestrian bridge (as annotated on the approved plans) cannot be constructed until
a road closure approval has been obtained from the Department of Natural Resources
and Mines. Council’s consent is to be obtained prior to the application being lodged with
the Department.
Stormwater Management – Stages C & D (Lot 3 RP264909)
71. The stormwater management design must be submitted with an Operational Works
application and must demonstrate that the bioretention basin will only receive stormwater
flows from catchments the bioretention basin is modelled to treat for water quality
improvement purposes (i.e. Sub 2 as detailed on Figure 4 in the Stormwater Management
Plan for Lot 4 Good Chap Street Noosaville by Aquaintel dated 25 June 2017). Any detention
area required for catchments that are not modelled to be treated by the bioretention basin,
must be redirected around or under the bioretention basin.
72. Prior to commencement of use of any stage serviced by a stormwater quality treatment
device, such as a bioretention basin, the Community Management Statement must be
updated to identify and schedule the maintenance requirements for the stormwater quality
treatment device asset for that relevant stage.
73. Vegetated stormwater quality treatment infrastructure must be maintained in accordance with
the manufacturer’s specifications or for vegetated stormwater quality improvement assets,
the Water by Design Guideline for Maintaining Vegetated Stormwater Assets
Construction Management Plan – Stages C & D
74. A Construction Management Plan must be submitted to Council prior to a pre-start
meeting and must specifically address the following:
a. Traffic Management during all aspects of the construction phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. Adequate parking arrangements for patrons utilising the site and construction
workers
iii. Proposed fencing to the site during the construction phase of the development
iv. No queuing of trucks is permitted on Goodchap St or Eumundi Noosa Road,
especially prior to 7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of the adjoining Lake Doonella Bush Reserve
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c. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
d. Works programme identifying key components of the works and their respective
durations
e. Establishment of a communication protocol with the general public, adjoining owners
(especially residential), emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues
f. Identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material
being transported onto or off the site: details on the location of external fill sites/sources, the
haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
Landscaping
75. The area between Stage D and the extent of the northern boundary must be densely
landscaped at a minimum width of 2 metres in accordance with an Operational Works
approval. Screening vegetation must be planted in accordance with Council’s Planning
Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must
consist of native, endemic species.
Nature and Extent of Approved Use - Veterinary
76. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 7pm. The requirements of this
condition must be included in the Community Management Statement for anybody
corporate for the subject site
Sunset Clause
77. Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of the approval for
Stage D lapses if the whole of the approved use has not happened 18 July 2025.
Additional Conditions – 15 June 2023
Nature and Extent of Approved Use – Medical – Radiation Oncology Building - STAGE
E
78. The ‘proposed building extension’ as annotated on Approved Plan No. CP2.02C-2 is for the
purpose of administering radiation oncology treatment only.
79. All car parking and motorcycle spaces are shown on Approved Plan No. CP2.02C-2 are to
be constructed prior to the Final Certificate being issued for Tenancy 1.05.
Landscaping improvements
80. The developments landscaped areas must be refurbished in the areas as shown on Plan
CP2.02C-2-1 (refer to reference document). The landscape gardens identified must be
refurbished to be generally in accordance with the approved Operational Works landscape
plans associated with approval 23790DA. In addition to works identified on the approved
landscape Operational Works plans the refurbishment works must include:
a. 45 litre replacement Cupaniopsis anacardioides (or otherwise approved by Council) on
the southern side of the proposed building extension
b. 45 litre Syzigium oleosum (or otherwise approved by Council) to be provided in the
south eastern portion of the site adjacent carparks 140 and 141.
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81. Prior to occupation of Tenancy 1.09 the following (prepared by respective qualified persons*
and certifying compliance with approvals) must be submitted to Council:
73.1. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
73.1. Certification all trees meet AS2303 Tree stock for landscape use.
Landscape works must be supervised, undertaken, and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
82. Where damage occurs to any Council asset as a result of the development works, it must
be repaired immediately where it creates a hazard that presents risk to person or property.
Other damage must be repaired prior to completion of works.
Car parking
83. The altered parking layout is to be implemented in accordance with the requirements of
Australian Standard AS/NZS 2890.1-2004.
After the carpark amendments have been implemented, and before the final signoff of the
completed development, an RPEQ is to certify that the amendments to the carparking layout
have been implemented in accordance with the above condition.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
CP 2.02C-2 4 Proposed Parking on site, prepared by Team2 23 February
Architects (annotated by Council – Landscape 2023
Reburishment Area)
6. REFERRAL AGENCIES
Not Applicable
7. ADVISORY NOTES
1. For the purpose of these conditions, the following definitions apply: -
1.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be
endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
1.2. A registered Professional Civil Engineer means an civil engineer who is registered
in Queensland pursuant to the Professional Engineers Act 1988.
1.3. Carparking area means a parking area as defined in the Noosa Plan inclusive of
manoeuvring areas and access from the roadway.
1.4. The person acting on this permit means any person or company who undertakes
development pursuant to this permit.
1.5. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS 2890.1-
2004.
1.6. Principal Contractor means the person nominated by the Applicant and approved by
the Manager - Land Development at a pre-start meeting as being responsible for the
major component of works associated with a Development Permit for Operational
Works of any works on the site.
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2. The applicant is advised that development contributions and infrastructure charges
applicable to this development approval have been based on the following Uses Class/ Uses
and applicable quantities:-
Existing Development Approved Development
(References = 23495DA; (Reference = 2007/0012)
2004/5231; 20050866; &
2006/2435)
Approved Quantity
Existing Use Existing Approved Use
Class / Use Quantity Class / Use
STAGE A STAGE B
Commercial Commercial 2,178 m2
1,630 m2 Use
Business Business Type 1 Maximum Use 1,368 m2 Maximum Use Area
Area
Type 1 Office Office Area
3,000 m2
Commercial 2,460 m2 Use Maximum Use
Commercial 3,000 m2 Maximum Use Area
Business Area (equivalent Area
Business Type 2 (equivalent to 67 consulting
Type 2 to 55 consulting (equivalent to
Medical rooms)
Medical rooms) 67 consulting
rooms)
Retail 100 m2
Retail Business
Business 100 m2 Use Area Maximum Use 100 m2 Maximum Use Area
Type 1 Local
Type 1 Local Area
Retail
Business
Retail Business
Type 2 Shop;
Type 2 Shop; & 236 m2
&
236 m2 Use Area Entertainment & Maximum Use 236 m2 Maximum Use Area
Entertainment
Dining Type 1 Area
& Dining
Food & Beverage
Type 1 Food
& Beverage
790 m2
Education 790 m2 Use Area Education Type 3 Maximum Use 1,600 m2 Maximum Use Area
Type 3 Adult (70 students) Adult Area (140 students)
(70 students)
5,216 m2 TOTAL Maximum 6,304 m2 6,304 m2
TOTAL = Use Area
Use Area Allowable = Use Area Use Area
3. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $157,394 (STAGE A) and $0 (STAGE B) =
TOTAL (Stage A + Stage B) = $157,394 and is subject to variations in the Consumer Price
Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
4. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
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5. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, shall be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. In this regard a DXF/DWG
file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
with any application for Operational Works. The design shall be in accordance with Council’s
Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and
Earthworks.
6. To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).
7. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
Drainage Act 2002 (as applicable).
8. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
8.1. On a Sunday or public holiday, at any time; or
8.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
9. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
if the cost of operational works exceeds $150,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A
statutory declaration outlining the cost of the operational works must be submitted to Council
with the lodgement of any application for operational works over the site.
10. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
11. Noosa Council recommends that the following matters be considered to address equitable
access and facilities in the building:-
A. The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
and AS1428.2;
1. Applicants should be aware that a “Disability Standard on Access to Premises is
being developed and most likely will result in changes to the Building Code of
Australia;
2. Any services and facilities in the building complex must allow independent,
dignified and equitable use of the services and facilities for all people.
12. This proposal has not been assessed in relation to the spread of fire between properties /
buildings. It is the building certifiers responsibility to assess the requirements for fire services,
fire separation and appropriate methods of construction as part of the building works approval
process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
part of the Building Approval process.
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13. The development should be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
other emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
14. Noise from building works associated with commercial and or industrial development should
comply with the following –
14.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
14.2. All reasonable measures are taken to minimise noise emissions.
14.3. Not permitted on Sunday or public holidays.
15. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
Additional Advisory Note
Infrastructure Charges
16. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
• (Other Change dated 18 July 2019) This Infrastructure Charge applies only to the
additional development of 675 m2 GFA and 1,766m2 impervious area located on the
vacant area of land approved by this Change to the Existing Approval being additional to
the previously approved existing lawful development.
• (Other Change dated 15 June 2023) This Infrastructure Charge applies only to the
additional development of 133 m2 GFA approved by this Minor Change to the Existing
Approval being additional to the previously approved existing lawful development.
8. PROPERTY NOTES
Not applicable
9. VARIATION APPROVAL DETAILS
Not applicable
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Operational Landscaping, Access and Carparking, Site Civil
Works Works, Roadworks, Stormwater Drainage,
Frontage Works, Site Filling and Erosion &
Sediment Control.
Development Permit for Building Works Building Works
11. SUBMISSIONS
Not applicable.
12. 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.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager, Development Assessment
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 13 December 2007
• Negotiated Decision Notice – 11 March 2008, with an amendment to conditions 7, 10.5. 15, 24, 25 & 55, amend advice conditions
2 & 3, include additional condition, delete condition 9
• Decision Notice - Minor 132007.12.2 – 21 November 2008, with an amendment to conditions 1, 7, 8 ,12, 15, 36, 38 & 55, change
advise condition 2 & 3, include additional condition: 2010
• 132007.12.3 - 16 March 2010, Include additional conditions 65, 66 and 67
• 132007.12.04 – 16 February 2011, amend condition 19 to extend currency period to 17 February 2014;
• 132007.12.6 – 3 February 2017, Judgement changes.
• Decision Notice – Other Change – 132007.12.8 – 18 July 2019, with an amendment to conditions 7, 8, 10, 44, 46, 66, 67, delete
condition 65, include additional conditions 68-77
• Decision Notice - Minor – 132007.12.9 – 15 June 2023, with an amendment to conditions 1, 12 & 13 and include additional conditions
78, 79, 80, 81,82 & 83.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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