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2018-05-17 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 17 May 2018
6pm
Council Chambers, 9 Pelican Street, Tewantin
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 17 MAY 2018
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
K Rawlings, Director Environment & Sustainable Development
C Billingham, Director Infrastructure Services
A Rogers, Director Community Services
APOLOGIES
Nil.
The meeting commenced at 6.01pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Wilkie
The Minutes of the Ordinary Meeting held on 19 April 2018 be received and confirmed.
Carried.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Jurisevic
The Minutes of the Special Meeting held on 26 April 2018 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
Page 2 of 30
Section 3
ORDINARY MEETING MINUTES 17 MAY 2018
4 PETITIONS
1. PETITION: RE-INSTATE THE DOGGIE-BAG DISPENSER WHICH WAS REMOVED
FROM THE RUBBISH DISPENSER ADJACENT TO THE BIG PELICAN.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That the petition tabled by Cr Wellington requesting that Council re-instate the doggie-
bag dispenser which was removed from the rubbish dispenser adjacent to the Big
Pelican be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried.
2. PETITION: REQUEST FOR DOG OFF-LEASH AREA IN THE PARK AREA
BETWEEN READ AND WERIN STREETS TEWANTIN (PINES PARK)
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jackson
That the petition tabled by Cr Wellington requesting that Council create a dog off-leash
area in the park area between Read and Werin Streets Tewantin (Pines Park), be
received and referred to the Chief Executive Officer to determine appropriate action.
Carried.
5 NOTIFIED MOTIONS
Nil.
Page 3 of 30
Section 4
ORDINARY MEETING MINUTES 17 MAY 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
8 MAY 2018 - Crs Brian Stockwell (Chair), Ingrid Jackson and Tony Wellington
Apology: Cr Jess Glasgow
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
The Planning & Environment Committee recommendations dated 8 May 2018 be adopted.
Carried.
1 MCU17/0572 - DEVELOPMENT APPLICATION FOR A MCU FOR RETAIL BUSINESS
TYPE 2 (SHOP & SALON) & RETAIL BUSINESS TYPE 5 - VEHICLE USES (SERVICE
STATION) & OPW17/0611 DEVELOP. PERMIT FOR OPERATIONAL WORKS
(ADVERTISING DEVICES) AT 175 EUMUNDI NOOSA RD, NOOSAVILLE
Item not dealt with by Planning & Environment Committee. Referred to General Committee
due to significance of the issue.
2 MCU17/0546 - APPLICATION FOR MATERIAL CHANGE OF USE - HOME BASED
BUSINESS - TYPE 3 SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD,
COOTHARABA
Item not dealt with by Planning & Environment Committee. Referred to General Committee
for further consideration.
3 132002.220285.5 - OTHER CHANGE TO DEVELOPMENT APPROVAL FOR SHIRE
BUSINESS CENTRE - STAGE 1 TO PERMIT INDUSTRIAL BUSINESS TYPE 2
PRODUCTION, ALTERATION, REPACKAGING & REPAIRING (CAR WASH) AT 28
EENIE CREEK ROAD, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. 132002.220285.5 for an
Other Change to the Development Approval for Shire Business Centre – Stage 1 to permit
Industrial Business Type 2 Production, Alteration, Repackaging & Repairing (Car Wash)
situated at 28 Eenie Creek Rd, Noosaville and:
A. Amend the description of the development in the Decision Notice to include the
approved use.
B. Approve a change to conditions 4.2 and 152 of the existing development approval to
read as follows:
4.2 The drawings approved for the development are (“Approved Plans”):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Page 4 of 30
Section 5
ORDINARY MEETING MINUTES 17 MAY 2018
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations
Q0201.10b/S - Commercial Site Plan
Q0201.11.1/S - Commercial/Business Elevations
Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Control Systems
A090 Rev. 02 – Location Plan, December 2016
A200 Rev. 02 – Carwash Floor Plan, December 2016
A201 Rev. 02 – Carwash Roof Plan + RCP, December 2016
A210 Rev. 02 – Cashier/Laundry Floor + Ceiling Plans, December 2016
A212 Rev. 02 – Cashier/Laundry Roof Plan + Elevations, December 2016
(annotated)
A213 Rev. 02 – Cashier/Laundry Elevations, December 2016 (annotated)
A500 Rev. 02 – Overall Elevations, December 2016 (annotated)
152 Carparking for the proposed development shall be generally in accordance with
the approved plans and the following:
152.1 The provision of 978 spaces for the Retail Centre Component.
152.2 Showroom Component at a rate of 1 space per 36m² of
showroom/homemaker floor space TUA – 196 spaces.
152.3 Commercial/Business Component at a rate of 1 space per 23m² of
commercial/business floor space TUA - 217 spaces.
C. Include the following additional conditions:
Car Wash Facility
238 Waste water and stormwater management shall be in accordance with the
Hydraulic Services Plan and Stormwater Management Plans dated 27 February
2018
239 Contaminants or contaminated water must not be directly or indirectly released
from the premises or to the ground or groundwater at the premises except for:
i Uncontaminated Overland Stormwater flow;
ii Uncontaminated Stormwater to the stormwater system;
iii contaminants released to sewer under and in accordance with a trade
waste permit
240 Releases to water must not cause any visible oil slick or other visible evidence of
oil or grease, nor contain visible, grease, scum, litter or floating oil.
241 The Holder must ensure that:
i maintenance and cleaning of equipment (including vehicles and plant) is
carried out in an area where contaminants cannot be released into
stormwater drainage, a roadside gutter, a water or onto unsealed ground;
ii any spillage of contaminants is cleaned up immediately by a method other
than hosing, sweeping or otherwise releasing the contaminants into
stormwater drainage, a roadside gutter or a water.
Page 5 of 30
Section 6
ORDINARY MEETING MINUTES 17 MAY 2018
iii incident rainfall and overland flow of stormwater does not contact
contaminants
242 Any proposed signs, fences, landscaping and barriers (permanent or temporary),
particularly along the northern end of the car wash facility and excluding the
approved structures, must not obstruct sight distances or compromise the widths
of existing traffic lanes and parking aisles.
243 Appropriate line marking must be provided in accordance with the consulting
engineer’s recommendations to demarcate the proposed car wash area/s and
the allocated reserved parking spaces.
244 The works must be constructed in accordance with a Construction Management
Plan prepared by a suitably qualified person and must specifically address the
following:
a. Traffic Management during all aspects of the construct 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. Maintenance of safe and unobstructed traffic environment near the
construction site.
iii. Maintenance of safe pedestrian access across the frontage of the
construction site both during daily construction and after daily
construction has ceased.
iv. Proposed fencing to the site during the construction phase of the
development.
v. Adequate parking arrangements for construction workers to minimise
impact on the customers and users of the parking areas.
vi. Maintenance and protection of water quality and existing drainage
lines through the construction site through the implementation of
appropriate erosion and sediment control measures
vii. 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 and services
and other relevant issues.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 MCU12/0012.02 - CHANGE TO THE DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE (HOME BASED BUSINESS - TYPE 3 - SIGNIFICANT SCALE)
SITUATED AT 298 TABLELANDS ROAD, COORAN
Item not dealt with by Planning & Environment Committee. Referred to General
Committee as a quorum could not be met after declaration of Conflict of Interests.
Page 6 of 30
Section 7
ORDINARY MEETING MINUTES 17 MAY 2018
5 MCU16/0143.01 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AT 12 AND 14 SERENITY CLOSE,
NOOSA HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU16/0143.01 to make a
minor change to an existing approval for Development Permit for Material Change of Use of
Premises - Multiple Housing Type 4 Conventional - 37 units situated at 12 and 14 Serenity
Close Noosa Heads and:
A. Approve the change.
B. Amend 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.
Plan No. Rev. Plan/Document Name Date
DA 4A-4B- 100-B1 C Site Plan - Basement – Arkhefield 06.04.2018
DA 4A-4B- 100-L1 E Site Plan – Level 1 – Arkhefield 06.04.2018
DA 4A-4B- 100-L2 C Site Plan – Level 2 – Arkhefield 06.04.2018
DA 4A-4B- 100-L3 C Site Plan – Level 3 – Arkhefield 06.04.2018
DA 4A-4B- 100-L4 C Site Plan – Level 4 – Arkhefield 06.04.2018
DA 4A-4B- 100-R1 C Site Plan - Roof – Arkhefield 06.04.2018
DA-4A- 200-B1 C 4A Basement Plan – Arkhefield 06.04.2018
DA-4A- 200-L1 C 4A level 1 Plan – Arkhefield 06.04.2018
DA-4A- 200-L2 C 4A Level 2 Plan – Arkhefield 06.04.2018
DA-4A- 200-L3 C 4A Level 3 Plan – Arkhefield 06.04.2018
DA-4A- 200-L4 C 4A Level 4 Plan – Arkhefield 06.04.2018
DA-4A- 210-R1 C 4A Roof Plan – Arkhefield 06.04.2018
DA-4A- 300-01 D 4A Southern Elevation – Arkhefield 06.04.2018
DA-4A- 300-02 D 4A Northern Elevation – Arkhefield 06.04.2018
DA-4A- 300-03 C 4A Eastern Elevation – Arkhefield 06.04.2018
DA-4A- 300-04 C 4A Western Elevation – Arkhefield 06.04.2018
DA-4A- 400-01 C 4A Building Section – Arkhefield 06.04.2018
DA-4A- 590-01 C Pavilion - Gym & BBQ 01– Arkhefield 06.04.2018
DA-4A- 590-02 C Pavilion – Spa and Entry– Arkhefield 06.04.2018
DA-4B- 200-B1 C 4B Basement Plan – Arkhefield 06.04.2018
DA-4B- 200-L1 C 4B level 1 Plan – Arkhefield 06.04.2018
DA-4B- 200-L2 C 4B Level 2 Plan – Arkhefield 06.04.2018
DA-4B- 200-L3 C 4B Level 3 Plan – Arkhefield 06.04.2018
DA-4B- 200-L4 C 4B Level 4 Plan – Arkhefield 06.04.2018
DA-4B- 210-01 B 4B Roof Plan – Arkhefield 06.04.2018
DA-4B- 300-01 C 4B Southern Elevation – Arkhefield 06.04.2018
DA-4B- 300-02 C 4B Northern Elevation – Arkhefield 06.04.2018
DA-4B- 300-03 C 4B Eastern Elevation – Arkhefield 06.04.2018
DA-4B- 300-04 C 4B Western Elevation – Arkhefield 06.04.2018
DA-4B- 400-01 E 4B Building Section – Arkhefield 17.04.2018
DA-4B- 590-01 B 4B Ancillary Building – Arkhefield 20.02.2018
2017008-000 1 Stage 4A and 4B Landscape Masterplan – 05.04.2018
place design group
C. Delegate the powers of Council under the Planning Act 2016 for minor change
applications for this development to the Chief Executive Officer; and
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 7 of 30
Section 8
ORDINARY MEETING MINUTES 17 MAY 2018
6 MCU16/0130 - REQUEST FOR NEGOTIATED DECISION NOTICE FOR MATERIAL
CHANGE OF USE FOR RETAIL BUSINESS TYPE 6 - HARDWARE AND RETAIL
BUSINESS TYPE 7 - GARDEN CENTRE AT 101 EUMUNDI NOOSA ROAD, NOOSAVILLE
That Council note the report by the Development Planner to the Environment & Planning
Committee Meeting dated 8 May 2018 regarding representations made to change conditions
of a Development Permit for a Material Change of Use (MCU16/130) for Retail Business
Type 6 - Hardware and Retail Business Type 7 – Garden Centre situated at 101 Eumundi
Road, Noosaville and:
A. Agree to change condition 8 to read as follows:
Nature & Extent of Approved Use
8. The approved use must not operate outside the hours of:
a. 7am to 6pm Monday to Friday
b. 8am to 5pm Saturday to Sunday or any public holiday
B. Agree to delete condition 7.
C. Refuse to delete condition 10.
D. Refuse to amend condition 2 but acknowledge that the plans detailed in the table below
generally comply with the approved plans of development.
Plan No. Rev. Plan/Document Name Date
01 B 3D Perspective, prepared by Epoch Architecture 01/03/2018
02 B Overall Site, prepared by Epoch Architecture 01/03/2018
03 B Site Plan, prepared by Epoch Architecture 01/03/2018
04 B Elevations (West & South), prepared by Epoch Architecture 01/03/2018
05 B Elevations (East & North), prepared by Epoch Architecture 01/03/2018
7 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 3RD
QUARTER 2017-18
That Council note the report by the Director Environment and Sustainable Development to
the Planning and Environment Committee Meeting dated 8 May 2018 providing an update
on operations of the Environment and Sustainable Development Department for the period
1 January to 31 March 2018.
Page 8 of 30
Section 9
ORDINARY MEETING MINUTES 17 MAY 2018
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
8 MAY 2018 – Crs Joe Jurisevic (Chair), Tony Wellington & Frank Wilkie
Apology: Cr Frank Pardon
Other Councillors in attendance: Cr Brian Stockwell
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The Services & Organisation Committee recommendations dated 8 May 2018 be adopted.
Carried.
1 1718T045 CRUSHING TENDER ACCEPTANCE
That Council note the report by the Civil Operations Technical Officer to the Services and
Organisation Committee Meeting dated 8 May 2018, and:
A. Award tender 1718T045 Crushing to the following contractors:
i. Portion A – Ringtail Creek Quarry: Rosenlund Contractors Pty Ltd.
ii. Portion B – Eumundi Road Landfill: Rosenlund Contractors Pty Ltd.
B. Award the Contract for an initial term of up to three (3) years, with an option to extend
for two (2) further periods of up to twelve (12) months each. The option to extend will
be at Council’s own discretion and subject to the Contractor’s ability to meet the
requirements under the Contract.
2 RESOURCE RECOVERY AUSTRALIA PTY LTD - VARIATION TO LICENCE 1718T054
"REUSABLE GOODS, RECYCLING AND SALES FACILITY" AT EUMUNDI ROAD
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 8 May 2018 and:
A. Pursuant to section 235(a) of the Local Government Regulation 2012 agree to enter
into a large-sized contractual arrangement with Resource Recovery Australia Pty Ltd
for the supply of trained relief staff at the Eumundi Rd weighbridge, Cooroy and
Pomona Transfer stations when permanent weighbridge and transfer station staff
employed are on annual leave, sick leave and their lunch break without first inviting
written tenders as Council is satisfied that they are the only supplier who are
reasonably available;
B. Pursuant to section 235(b) of the Local Government Regulation 2012 agree to vary the
licence arrangement with Resource Recovery Australia Pty Ltd to include mattress
processing without first inviting written tenders as this is a specialised recycling service
which Resource Recovery Australia Pty Ltd offered to undertake in their original tender
proposal;
C. Authorise the CEO to enter into a contract with Resource Recovery Australia Pty Ltd
to provide trained relief staff at the Eumundi Rd weighbridge, Cooroy and Pomona
Transfer stations when permanent weighbridge and transfer station staff employed by
Council are on annual leave, sick leave and their lunch break; and
D. Authorise the CEO to vary the processing and recycling of mattresses and recycling of
foam and useful cloth material as a variation to Resource Recovery Australia Pty Ltd’s
license 1718T054.
Page 9 of 30
Section 10
ORDINARY MEETING MINUTES 17 MAY 2018
3 NOOSA CULTURAL PLAN - DRAFT FOR PUBLIC CONSULTATION
That Council note the report by the Manager, Libraries and Galleries to the Services and
Organisation Committee dated 8 May 2018 and:
A. Approve the Draft Noosa Cultural Plan 2018 – 2023, included at Attachment 1 of this
report, for the purposes of community consultation, with additional wording under
“Local Challenges and Issues” and also “Local Community Priorities” noting that the
dot points in each case summarise issues raised by the Reference Group and
stakeholder consultation; and
B. Request the Chief Executive Officer collate and consider the feedback for the purposes
of developing a final Noosa Cultural Plan for the future consideration of Council.
4 TOURISM NOOSA 2018-19 SPONSORED EVENTS - TEMPORARY PERMIT
APPROVALS
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for further consideration.
5 COUNCILLORS' EXPENSES REIMBURSEMENT POLICY UPDATE
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 8 May 2018 and adopt, pursuant to section 250(2) of the Local
Government Regulation 2012, the updated Councillors’ Expenses Reimbursement Policy
provided at Attachment 1 to the report.
6 LOCAL LAWS DELEGATION OF AUTHORITY
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 8 May 2018 and pursuant to section 257 of the Local Government
Act 2009, agree to delegate to the Chief Executive Officer the powers outlined in the updated
Local Laws Delegation of Authority provided at Attachment 1 to the report.
7 CERTIFIED AGREEMENT NEGOTIATION PROCESS
That Council note the report by the People and Culture Manager to the Services &
Organisation Committee Meeting dated 8 May 2018 providing an update on the Certified
Agreement negotiation process and authorise the Chief Executive Officer to finalise the
Noosa Shire Council Certified Agreement.
8 NOOSA SPIT FORESHORE EROSION UPDATE
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores
to the Services & Organisation Committee Meeting dated 8 May 2018 providing an update
on Noosa Spit Foreshore erosion.
9 SIX MILE CREEK FLOOD STUDY COMPLETION
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for a further report.
Page 10 of 30
Section 11
ORDINARY MEETING MINUTES 17 MAY 2018
10 OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2017-18
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 8 May 2018 providing an update on progress with the
implementation of the Operational Plan to 31 March 2018 and details of Council’s Key
Performance Indicators.
11 COMMUNITY SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2017-18
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 8 May 2018 providing an update on operations of
the Community Services Department for the period 1 January to 31 March 2018.
12 CORPORATE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2017-18
That Council note the report by the Director Corporate Services to the Services &
Organisation Committee Meeting dated 8 May 2018 providing an update on operations of
the Corporate Services Department for the period 1 January to 31 March 2018.
13 EXECUTIVE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2017-18
That Council note the report by the Director Executive Services to the Services &
Organisation Committee Meeting dated 8 May 2018 providing an update on operations of
the Executive Services Department for the period 1 January to 31 March 2018.
14 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2017-18
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 8 May 2018 providing an update on operations of
the Infrastructure Services Department for the period 1 January to 31 March 2018.
Page 11 of 30
Section 12
ORDINARY MEETING MINUTES 17 MAY 2018
GENERAL COMMITTEE RECOMMENDATIONS
14 MAY 2018 – Crs. Frank Wilkie (Chair), Ingrid Jackson, Jess Glasgow, Joe Jurisevic, Brian
Stockwell and Tony Wellington.
Apology: Cr Frank Pardon
2. MCU17/0546 - APPLICATION FOR MATERIAL CHANGE OF USE - HOME BASED
BUSINESS - TYPE 3 SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD,
COOTHARABA
Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to the applicant’s assistance with his election campaign. Cr Wilkie left the
meeting room for the debate and decision on the matter.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jackson
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0546 for a
Development Permit for Material Change of Use - Home Based Business - Type 3 Significant
Scale situated at 54 Boronia Rd, Cootharaba and:
A. Approve the application in accordance with the following conditions:
Approved Plans
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. Plan/Document Name Date
D-01 Site Plan, Martoo Consulting 1 November 2017
Nature and Extent of Approved Use
2. The business use must not exceed a floor area of 360m2. In addition to this area,
any outdoor parking of trailers must not exceed 2 at any one time.
3. A maximum of 2 deliveries per month is allowed.
4. The approved use must not operate outside the hours of 7.30am- 5.00pm
Monday to Friday and 8.00am to 1.00pm on Saturdays. The use must not operate
on public holidays.
Site Access and Carparking
5. A sealed access driveway must be provided from Boronia Road to all parking
and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular a
driveway crossover in accordance with Council’s standard drawing RS-056.
6. A minimum of 6 car parking spaces must be provided on the site and accessible
at all times while the use is open for business. The works must be in accordance
with an Operational Works approval and include in particular a carparking area
constructed with an all-weather surface.
7. The carparking area must be designed and constructed such that all vehicles can
enter and exit the site in a forward gear.
8. All car parking areas and access driveways must be maintained:
a. to ensure the carparking area is accessible in wet weather
Page 12 of 30
Section 13
ORDINARY MEETING MINUTES 17 MAY 2018
b. to ensure that no loose material is carried from the site on vehicles
c. exclusively for vehicle parking and manoeuvring and kept in a tidy and safe
condition at all times.
9. All fill and associated batters must be contained entirely within the subject site.
10. Timing associated with the site works are as follows:
a. the applicant must lodge an Operational Works application within 2 months
of the date of this approval.
b. works associated with site access and car parking must be completed
within 3 months from the date of the Operational Works approval.
Service Vehicles
11. Service vehicle parking, manoeuvring and standing spaces must be provided on
the site.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without
causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
13. 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.
Bushfire Management
14. The site must be provided with a water storage reservoir having a minimum 5000
litres of water for emergency firefighting purposes. Such storage must be
provided in addition to the water supply capacity required for the use and must
be provided in the form of either an accessible dam, swimming pool, or rainwater
tank. If by rainwater tank, water storage for firefighting purposes must be
provided either in a separate rainwater tank or a reserve section in the main water
supply tank on which:
a. the domestic take off from the tank is at or above the 5,000 litre point; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by
four wheel drive rural services vehicles
15. The site must be provided with an auxiliary power supply such as a petrol driven
fire fighter pump (or generator), together with a hose of sufficient length to easily
reach around to all sides of the building.
16. A 20 metre wide asset protection zone from/around the building/s to the northern
bushland must be maintained on the site which is kept free of:
a. grass higher than 300mm
b. large trees that have continuous or overlapping canopies with other large
trees
c. trees that overhang dwellings or structures
d. dead branches and loose bark; and
e. woodpiles, combustible material storage areas, large quantities of garden
mulch or any other form of stacked flammable materials.
Page 13 of 30
Section 14
ORDINARY MEETING MINUTES 17 MAY 2018
17. A legible Bushfire Evacuation Plan must be clearly visible to staff and visitors at
all times.
Acoustic
18. The open eastern end of the building must be enclosed with a permanent wall to
the existing shed within 2 months of the date of approval.
19. Noise associated with the activity measured at the nearest residential
boundary, must not be —
a. for noise that is continuous noise measured by LA90,T—more than nil
dB(A) greater than the existing acoustic environment measured by LA90,T;
or
b. for noise that varies over time measured by LAeq,adj,T—more than 5dB(A)
greater than the existing acoustic environment measured by LA90,T.
20. All cutting equipment must be kept at the northern end of the building and have
a (floor to ceiling) wall separation from the construction area of the building.
21. The compressor must not be audible:
a. before 8.00am and after 5.00pm Monday to Friday; and
b. on Saturday, Sunday and Public Holidays.
Waste
22. Waste storage areas must be sited and designed so as to not detract from the
visual amenity of the streetscape.
23. Waste storage areas allow for the separate storage of different waste materials
for reuse or recycling by:
a. providing sufficient area to store all recyclable material and recycling
containers required; and
b. sign posting the types of waste stored.
24. Waste collection and/or delivery vehicles associated with the activity are to
comply with the following –
a. Limited to between 7:00am to 6:00pm Monday to Friday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Saturday, Sunday or Public Holidays.
Performance Bond
25. Security in the form of a cash bond or trading bank guarantee to the sum of $5000
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.
Signage
26. The total number of advertising signs provided on the site must not exceed 1 with
a maximum sign face area of 4m2.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Note that an appropriate building approval may need to be obtained for the shipping
container currently on the site if the container is to remain in situ and that Council
officers notify the owners of this requirement.
Carried.
Cr Wilkie returned to the meeting.
Page 14 of 30
Section 15
ORDINARY MEETING MINUTES 17 MAY 2018
3. MCU12/0012.02 - CHANGE TO THE DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE (HOME BASED BUSINESS - TYPE 3 - SIGNIFICANT SCALE)
SITUATED AT 298 TABLELANDS ROAD, COORAN
Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to him being a submitter against the original application. Cr
Wellington left the meeting room for the debate and decision on the matter.
Cr Jackson declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to her being a submitter on behalf of Noosa Parks Association about the
2015 application. Cr Jackson left the meeting room for the debate and decision on the matter.
Cr Wilkie assumed the Chair.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU12/0012.02 to make a
minor change to an existing approval for Material Change of Use – Home Based Business
Type 3 (Quad Bikes) situated at 298 Tablelands Rd Cooran and:
A. Agree to delete Condition 16; and
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Crs Wellington and Jackson returned to the meeting.
Cr Wellington assumed the Chair.
4. TOURISM NOOSA 2018-19 SPONSORED EVENTS - TEMPORARY PERMIT
APPROVALS
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 8 May 2018 and
A. Note the list of events provided by Tourism Noosa proposed for conditional
sponsorship in Attachment 1 to this report to 31 July 2019 which is a requirement of
the funding agreement between Council and Tourism Noosa; and
B. Provide in-principle approval of those events not taking place on Main Beach, and
provide in-principle approval of those events on Main Beach that require the beach or
water as a core element, subject to each event submitting a Temporary Event
Application, satisfactory assessment and provision of appropriate permit conditions to
manage each event; and
C. Provide in-principle approval for Noosa Food & Wine Festival 2019 and Noosa Alive
2019 except for the Noosa Food & Wine Festival and Noosa Alive activities to take
place on Main Beach, but instead consider these activities at a later date, most
particularly following assessment of this year’s Noosa Food & Wine and Noosa Alive
events, and also following further discussions with the event operators about
alternative sites for those activities in 2019.
Carried.
Page 15 of 30
Section 16
ORDINARY MEETING MINUTES 17 MAY 2018
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The General Committee recommendations dated 14 May 2018 be adopted except where dealt with
or held over by separate resolution.
Carried.
1. MCU17/0572 - DEVELOPMENT APPLICATION FOR A MCU FOR RETAIL BUSINESS
TYPE 2 (SHOP & SALON) & RETAIL BUSINESS TYPE 5 - VEHICLE USES (SERVICE
STATION) & OPW17/0611 DEVELOP. PERMIT FOR OPERATIONAL WORKS
(ADVERTISING DEVICES) AT 175 EUMUNDI NOOSA RD, NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0572 for a
Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon,
Retail Business - Type 5 Vehicle Uses and OPW17/0611 for a Development Permit for
Operational Works – Advertising Devices situated at 175 Eumundi Noosa Rd, Noosaville and
defer the decision on this matter to the Ordinary Meeting to allow staff to provide further
proposed conditions.
5. SIX MILE CREEK FLOOD STUDY COMPLETION
Refer to Further Report at Item 6
6 FURTHER REPORT - SIX MILE CREEK FLOOD STUDY COMPLETION
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores
to the to the Services and Organisation Committee Meeting dated 8 May 2018 and the
Further Report to General Committee Meeting dated 14 May 2018 and note the Lake
Macdonald Drive Community Reference Group Investigations Report October 2017 provided
as Attachment 1 to the Report.
7 1718T050 - MARY RIVER ROAD BRIDGE REPLACEMENT - TENDER AWARD
That Council note the report by the Project Coordinator to the General Committee Meeting
dated 14 May 2018 and award tender 1718T050 for the Mary River Road Bridge replacement
situated in Cooroy to ARK Construction Group for the lump sum price of $1,495,399
(excluding GST).
8 1718T068 - OLD NOOSA ROAD BRIDGE REPLACEMENT - TENDER AWARD
That Council note the report by the Project Coordinator to the General Committee Meeting
dated 14 May 2018 and award tender 1718T068 for the Design and Construction of the Old
Noosa Road Bridge replacement situated in Cooran to Casa Engineering for the lump sum
price of $1,232,486 (excluding GST).
Page 16 of 30
Section 17
ORDINARY MEETING MINUTES 17 MAY 2018
9 CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CARPARKING
That Council note the report by the Planning Scheme Project Manager to the General
Committee Meeting dated 14 May 2018 and
A. Adopt the ‘Contributions in Lieu of the Provision of Onsite Car Parking’ Policy as
provided at Attachment 1, and pursuant to section 97(1) of the Local Government Act
2009, fix for the 2017/18 financial year, the costs recovery fees for Car parking
Contributions under the ‘Contributions in Lieu of Provisions of Onsite Car Parking
Policy’ as provided at Appendix 1 of the Policy; and
B. Authorise the Manager Development Assessment to implement the policy in parallel
with the assessment of development applications under the planning scheme in force
for Noosa Shire.
10 1718T126 NOOSA AQUATIC CENTRE CAFE LEASE - TENDER ACCEPTANCE
That Council note the report by the Noosa Aquatic Centre (NAC) Coordinator to the General
Committee meeting dated 14 May 2018 and:
A. Agree to enter into a commercial lease of the NAC café (agreement 1718T126) with
White-Lille Pty Ltd for an initial term of two (2) years, commencing 1 July 2018; and
B. Authorise the CEO to award up to three (3) subsequent lease options of twelve (12)
months each at Council’s own discretion and subject to the Contractor’s demonstrated
ability to meet the requirements of the lease agreement.
11 NOOSAVILLE FORESHORE LAND USE MASTER PLAN - FINAL CONSULTATION
OUTCOMES AND AMENDED PLAN
That Council note the report by the Property Advisor to the General Committee Meeting dated
14 May 2018 and:
A. Adopt the Noosaville Foreshore Land Use Master Plan dated May 2018, as provided
at Attachment 2 to the report;
B. Authorise the CEO to write to the Department of Natural Resources, Mines and Energy
to seek endorsement of the adopted Foreshore Plan as a Land Management Plan for
the foreshore reserves in accordance with the provisions of the Land Act 1994;
C. Request the CEO write to the Department of Transport and Main Roads to advise the
adopted Foreshore Plan does not support creation of a new boat ramp and trailer
carpark in Chaplin Park but that Council wishes to assist the Department to identify
opportunities for new or improved recreational boating facilities elsewhere along Noosa
River;
D. Agree to include provisions in Noosa’s new draft planning scheme allowing a single
small-scale retail food and drink outlet (kiosk) within each commercial jetty lease, as
detailed in the adopted Foreshore Plan;
E. Propose to create a new dog off-leash area in the western portion of Chaplin Park,
initially as a 12 month trial, as described in the adopted Foreshore Plan and request
the CEO progress the necessary amendments to Noosa’s Subordinate Local Law 2
(Animal Management) in accordance with Council’s Local Law Making Process, which
prescribes further public consultation;
F. Agree to undertake ongoing compliance inspections in relation to commercial use of
the recreation reserves to ensure uses are lawful and accord with the adopted
Foreshore Plan;
G. Agree to consider a future feasibility study for the establishment of a multi-use water
sports facility based at the Noosa Yacht and Rowing Club;
Page 17 of 30
Section 18
ORDINARY MEETING MINUTES 17 MAY 2018
H. Agree to further investigate opportunity and need for new infrastructure identified in the
Foreshore Plan, specifically:
A multi-use roofed structure for a range of events within the eastern portion of
Chaplin Park;
Pathway and recreational infrastructure within Chaplin Park to facilitate improved
public access and passive recreational use; and
Additional public toilets between the existing amenities in the vicinity of Lions and
Ely Parks;
I. Advise Noosa Waterfront Restaurant its request for ongoing use of reserve land for
commercial functions is not supported, however, wedding ceremonies will continue to
be allowed; and
J. Request the CEO write to key interest groups and businesses to advise of the
finalisation of the Foreshore Plan and thanking them for their involvement.
12 FINANCIAL PERFORMANCE REPORT - APRIL 2018
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 14 May 2018 outlining April year to date financial performance against budget.
Page 18 of 30
Section 19
ORDINARY MEETING MINUTES 17 MAY 2018
7 ORDINARY MEETING REPORTS
1. FURTHER REPORT - MCU17/0152 DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE FOR RETAIL BUSINESS TYPE 2 – (SHOP AND SALON) AND RETAIL
BUSINESS TYPE 5 – VEHICLE USES (SERVICE STATION) AND OPW17/0611
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (ADVERTISING DEVICES) AT
175 EUMUNDI NOOSA ROAD, NOOSAVILLE
Docum ent info rm ation
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the Reports by the Development Planner to the Planning and Environment
Committee dated 8 May 2018 and the General Committee dated 14 May 2018, and the Further
Report to the Ordinary Meeting dated 17 May 2018 regarding Application No. MCU17/0572 for a
Development Permit for Material Change of Use of Premises - Retail Business - Type 2 (Shop &
Salon) and Retail Business - Type 5 (Vehicle Uses) and Development Permit for Operational
Works (Advertising Devices) situated at 175 Eumundi Noosa Road, Noosaville 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.
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
10615_DA02 13 Site Plan, prepared by nettletontribe 16.04.2018
10615_DA03 5 Service Station Plan, prepared by nettletontribe 06.04.2018
10615_DA12 4 Roof Plan and Canopy Signage, prepared by 06.04.2018
nettletontribe
10615_DA21 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA22 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA23 4 Streetscape Elevations prepared by nettletontribe 11.04.2018
10615_DA40 2 Pylon Sign prepared by nettletontribe 09.02.2018
DA_01 E Arborist Brief, prepared by Treesafe Australia Pty Ltd April 2018
ED 17230 F Concept landscape plan MCU Application by November
element design 2017
The building must be constructed and finished with the materials and colours detailed
on the approved plans.
Nature and Extent of Approved Use
3 The approved Gross Floor Area of the Convenience Shop is 123m².
4 No more than 10 seats may be provided to the Retail Business - Type 2 Shop & Salon.
Page 19 of 30
Section 20
ORDINARY MEETING MINUTES 17 MAY 2018
Performance Bond
5 Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
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 for any civil works (or
landscaping). 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.
External Works
6 Eumundi Noosa Road must be upgraded for the length of its frontage to the subject
site. The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. A realignment of the kerb line and construction of the bus stop generally in
accordance with Figure 1 prepared by MRCagney dated 12th April 2018
b. widening and sealing of the existing road pavement to the new kerb alignment
c. any line marking associated with the new alignment and the bus stop
d. the bus shelter and associated infrastructure constructed as per Coastal Bus
Shelter Design by Majstorovic Architecture 05/11/15 Rev B: Shelter C2
e. the realignment of the existing footpath. The width of the new section of path
must be the same width as the existing path.
f. The relocation of any existing street lighting and existing services. All works to
existing third party services must be in accordance with the requirements of the
relevant service provider.
This condition is imposed pursuant to s646 of the Planning Act 2016 as the bus stop
is necessary trunk infrastructure identified by Council’s LGIP to service the
development.
Site Access and Driveways
7 A sealed driveway must be provided from Eumundi Noosa Road 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
RS-051 and any associated addendum
b. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage must
be provided near the exit driveway to warn motorists of pedestrian movement
along the frontage street
Car Parking
8 A minimum of 11 car parking spaces, 4 motor cycle space and an air/water parking
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. 2 staff parking spaces within the total, which are clearly marked for that purpose
b. Signage and line marking must be provided to indicate the customer car parking
spaces
c. 1 disabled parking space within the total
Page 20 of 30
Section 21
ORDINARY MEETING MINUTES 17 MAY 2018
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 for the relevant user class
9 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.
Service Vehicles
10 Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works approval
and in accordance with the approved plans.
Pedestrian and Bicycle Facilities
11 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 realigned footpath within the road verge for the entire length of
the site’s frontage to Eumundi Noosa Road. The realigned pathway must smoothly
transition to the existing path on either side of the subject site.
This condition is imposed pursuant to s646 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
12 The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and be generally in accordance with the Civil Engineering Report
prepared by ADG dated February 2018 and the Engineering Response Memorandum
dated 9 February 2018.
Electricity and Telecommunication Services
13 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.
14 Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
Easements
15 Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
16 All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard
easement terms. Draft easement documentation must be submitted to Council for
endorsement.
17 All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
18 All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission
from the respective landowner(s) is provided to Council.
Page 21 of 30
Section 22
ORDINARY MEETING MINUTES 17 MAY 2018
19 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
20 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.
Stormwater Harvesting
21 Operating stormwater harvesting tanks must be provided for the development. The
tanks must be provided in accordance with a Building Works for above ground tanks,
or Operational Works Approval for below ground tanks and must include the re-use of
harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
22 An acid sulfate soils investigation (with recommendations) for the management of the
proposed development must be undertaken by a qualified person* in accordance with
the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0
(2014), or a more current version and submitted with the application for Operational
Works.
23 All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater
Management Plan for the development prepared by a qualified person* and referenced
in a Development Permit for Operational Works. *(Refer to Advisory Note)
24 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.
Retention of Existing Trees
25 All works must be carried out in accordance with section 4 of the Tree Safe Pty Ltd
report listed within this Decision Notice.
26 The Poinciana tree located within the road reserve must be retained.
Landscaping Works
27 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. works shown on the approved Concept Landscape Plan, including the provision
of a minimum of 3 x 100 litre trees between the building and Eumundi Noosa
Road.
Page 22 of 30
Section 23
ORDINARY MEETING MINUTES 17 MAY 2018
b. 1.50-metre-wide landscaping strip on the Eumundi Noosa road reserve frontage
adjacent to the landscaping within the site, exclusive of the access driveway,
generally uncompromised by infrastructure items, except for the eastern side of
the entry crossover.
c. Provision of 1 street tree within the road reserve west of the exit crossover, the
tree must be a local native species.
d. Provision of landscaping on the adjoining Council reserve (Lot 22 RP881370).
The landscaping must be at least one metre wide and be provided adjacent to
the common boundary between the existing tree and the front boundary.
28 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.
29 All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
ENVIRONMENTAL HEALTH
Underground tanks
30 Prior to the commencement of the use underground tanks shall be constructed and
installed in accordance with the following:
a. Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is
compatible with the product or tanks are to be made of a steel inner wall and a
fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
b. Tanks are to be double-walled with an interstitial space.
c. Tanks are to meet the requirements of UL 1316 Glass fibre reinforced
underground storage tanks for petroleum products, alcohols and alcohol gasoline
mixtures, or the equivalent or tanks are to meet the requirements of AS1692-
2006 Steel tanks for flammable and combustible liquids, or the equivalent.
d. Tanks are to have an overfill protection valve installed in the drop tube of the
tank. The overfill prevention valve shall be calibrated to prevent the tank from
being filled in excess of 90% of its capacity.
Submit certification
31 Prior to the commencement of the use certification by a suitably qualified person that
the underground tanks have been constructed and installed in accordance with the
above requirements must be submitted to Council.
Pipework
32 Prior to the commencement of the use pipework shall be constructed and installed in
compliance/accordance with the following:
a. Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS
4897. The design, installation and operation of underground petroleum storage
systems.
b. Product piping is to be double-walled with an interstitial space.
c. Each tank fill point is to be clearly labelled and identified in accordance with AS
4977 Petroleum products - Pipeline, road tanker compartment and underground
tank identification.
d. Each tank fill point is to be fitted with a camlock type or other liquid-tight
connection.
Page 23 of 30
Section 24
ORDINARY MEETING MINUTES 17 MAY 2018
e. Each tank fill point is to be provided with spill containment of at least 15 litre
capacity per spill point.
f. All fill and vapour recovery points are to be earthed in accordance with AS 1020.0
The control of undesirable static electricity and AS 3000 Electrical installations.
Submit certification
33 Prior to the commencement of the use certification by a suitably qualified person that
the pipework has been constructed and installed in accordance with the above
requirements must be submitted to Council.
Leak detection for underground tanks
34 Prior to the commencement of the use underground petroleum storage tanks shall be
monitored for leaks in accordance with the following:
a. Establish a statistical inventory analysis system that is rated to detect a release
of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence
(and less than 5% false positive) or install automatic tank gauging that is rated to
detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than
95% confidence (and less than 5% false positive).
b. Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
35 Prior to the commencement of the use certification from a suitably qualified person that
the leak detection system was installed and was verified as meeting the above leak
detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
36 Prior to the commencement of the use product pipework shall be monitored for leaks
in accordance with the following:
a. Install electronic line leak detection for pressure piping that is rated to detect a
release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95%
confidence (and less than 5% false positive); or
b. Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS 4897.
The design, installation and operation of underground petroleum storage
systems.
Submit certification
37 Prior to the commencement of the use certification from a suitably qualified person that
the leak detection system was installed and was verified as meeting the above leak
detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council, or
38 Prior to the commencement of the use certification from a suitably qualified person that
the safe suction design has been installed and tested to comply with cl 4.3.4 AS 4897.
The design, installation and operation of underground petroleum storage systems must
be submitted to Council.
Fuel dispensing areas
39 Prior to the commencement of the use fuel dispensing areas shall be constructed and
installed in accordance with the following:
a. All ground surfaces within the fuel dispensing area are to be constructed of
impermeable materials such as waterproofed, reinforced concrete that is free of
gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to be
used between treated concrete slabs.
Page 24 of 30
Section 25
ORDINARY MEETING MINUTES 17 MAY 2018
b. The fuel dispensing area is to be clearly demarcated from the uncovered
forecourt area, access roads, general parking bays and all other areas to clearly
delineate the higher contamination risk area from lower risk areas.
c. A canopy shall be installed over fuel dispensing areas. The canopy shall
overhang by a horizontal distance of at least one-quarter of the roof height out
from the vertical above the boundary of the demarcated fuel dispensing area.
d. A liquid-tight dispenser sump is to be installed under each dispensing unit. It is
to be designed to house all pipework joints and fittings and to collect and contain
any leak.
e. Signage indicating ‘flows to stormwater treatment system’ is to be provided at all
drainage inlets within the fuel dispensing area.
f. The fuel dispensing area is to be graded and drained to an independently certified
stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
40 Prior to the commencement of the use certification by a suitably qualified person that
the fuel dispensing area has been constructed and installed in accordance with the
above requirements must be submitted to Council.
Uncovered forecourt area
41 Prior to the commencement of the use uncovered forecourt areas must be constructed
and installed in accordance with the following:
a. All ground surfaces of the uncovered forecourt area are to be constructed to
provide a sealed surface, free of gaps or cracks.
b. Signage indicating 'flows to stormwater treatment system' is to be provided at all
drainage inlets in the uncovered forecourt area.
c. The uncovered forecourt area is to be graded and drained to an independently
certified stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
42 Prior to the commencement of the use certification by a suitably qualified person that
the uncovered forecourt area has been installed and constructed in accordance with
the above requirements must be submitted to Council.
Road tanker delivery stands
43 Prior to the commencement of the use the road tanker delivery stand shall be located
fully within the fuel dispensing area or the road tanker delivery stand located within the
uncovered forecourt area shall be constructed and installed in accordance with the
following:
a. the area shall be large enough so a tanker can fit wholly within the delivery stand
area.
b. the area shall be clearly demarcated.
c. the area shall be drained to a collection sump that normally drains to the
uncovered forecourt area’s stormwater treatment system.
d. a diversion valve shall be installed that diverts drainage to the containment and
treatment system for the fuel dispensing area during filling operations.
Page 25 of 30
Section 26
ORDINARY MEETING MINUTES 17 MAY 2018
Submit certification
44 Prior to the commencement of the use certification by a suitably qualified person that
the road tanker delivery stand has been designed, constructed and installed in
accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
45 Prior to the commencement of the use construct and install stage 1 vapour recovery
for underground systems storing motor spirit/petrol that has:
a. vapour return lines that return all vapour displaced from the storage tank to the
delivery tanker.
b. a design that prevents the mixing of product in piping common to more than one
tank.
c. vapour-tight couplings on the vapour line that close automatically when
disconnected.
d. incompatible liquid and vapour couplings.
e. a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the
storage tank vent pipe, or accepted equivalent.
f. the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
46 Prior to the commencement of the use certification by a suitably qualified person that
stage 1 vapour recovery equipment has been constructed and installed in accordance
with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
47 Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment shall
be designed and installed in accordance with the following:
a. VR2 equipment shall be installed on all dispensers for motor spirit/petrol in
compliance with NSW DECC Standards and Best Practice Guidelines for Vapour
Recovery at Petrol Service Stations and the Storage and Dispensing of
Petroleum Products Planning Scheme Policy (2014).
b. VR2 equipment shall be designed and approved by the German TÜV and shall
incorporate a visual indicator that the vacuum operates when fuel is dispensed.
The approval must be in accordance with the provisions of Ordinance on the
Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor
Vehicles-21, BImSchV (2002).
c. VR2 equipment shall be installed in accordance with the manufacturer’s
specifications by a duly qualified person.
d. VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must
not be less than 85% vapour recovery to liquid dispensed by volume as
measured using a test for active vapour recovery systems in Verein Deutscher
Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
48 Prior to the commencement of the use VR2 equipment shall be tested by a duly
qualified person in the manner specified in the NSW DECC Standards and Best
Practice Guidelines for Vapour Recovery at Petrol Service Stations. A copy of this
certification shall be provided to Council together with certification demonstrating that
the system has been installed in accordance with the above.
49 Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that
VR2 equipment is in use. Additional signage stating that VR2 equipment is in use shall
be attached to the service station premises.
Page 26 of 30
Section 27
ORDINARY MEETING MINUTES 17 MAY 2018
Spill Containment
Fuel Dispensing Area (Higher Risk Area)
50 Spill capture capacity must be sufficient capacity to hold a volume equivalent to at least
the largest tanker compartment likely to be delivering fuel to the site (>8kL)
51 In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property boundary.
Stormwater quality discharge criteria.
52 Stormwater quality discharge must be to the following minimum standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
ii. ≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
iii. ≥90% reduction in gross pollutants
53 There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
54 In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property.
55 Stormwater quality discharge must be to the following standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
ii. ≥80% reduction in Total Suspended Solids (TSS)
iii. ≥90% reduction in gross pollutants
56 High-flow bypass / first-flush capture design capacity must be designed to meet the
defined discharge criteria during a storm up to the 3 month ARI-6 minute design rainfall
event without surcharging or backing up the drainage system.
Submit Certification
57 Prior to the commencement of the use certification shall be provided to Council
demonstrating that the system has been installed in accordance with the above.
Noise
58 Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. on site must be located within the building or suitably
provided with noise reduction measures and located to prevent a noise nuisance
beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD Noise level at noise sensitive place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
59 When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises.
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Section 28
ORDINARY MEETING MINUTES 17 MAY 2018
60 Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by Council and be performed by a suitably qualified person in accordance
with accepted guidelines and standards. The report is to be submitted to Council
detailing the results of such monitoring and recommendations for any measures to
achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting
(e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is
either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Rainwater/Detention Tanks
61 In accordance with the Public Health Act 2005, rainwater tanks (including the detention
tank) must be constructed with mosquito proof screens (made from either brass,
copper, aluminium or stainless steel), and constructed with a mesh size of no more
than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks
that contain flap valves must be installed so that when closed, mosquitoes cannot pass
through the valve.
62 Where it is intended to use rainwater for drinking purposes, a suitable treatment system
is required to be installed to disinfect or treat the water to microbiological and physical
standards as described in the current Australian Drinking Water Guidelines to make it
fit for drinking purposes.
WASTE
Waste Disposal
63 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.
64 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.
65 Public bins must be provided throughout the car park to reduce littering. All bins
provided must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
OPERATIONAL WORKS CONDITIONS
66 Advertising devices 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
10615_DA12 4 Roof Plan and Canopy Signage, prepared by 06.04.2018
nettletontribe
10615_DA21 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA22 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA40 2 Pylon Sign prepared by nettletontribe 09.02.2018
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Section 29
ORDINARY MEETING MINUTES 17 MAY 2018
67 Advertising devices 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 any
civil works onsite.
68. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans. In this regard the plans must be amended to reflect the
following:
a. The pylon sign must be setback at least 1.50 metres from the front boundary
b. Each side of the pylon sign must not exceed a total of 4m2 of signage
c. A maximum of one illuminated sign is permitted for the site; and
d. No illumination of the stripes on the canopy face.
69. The approved signs must not be used for the advertisement of goods and/or services
not sold or conducted on the site (i.e. third party advertising).
70. The approved signs must be positioned wholly within the property boundaries of the
subject site, and must not be located within or across any easements.
Illumination
71. The approved illuminated sign must not incorporate flashing lights nor involve
illumination by any means other than:
a. an internal light source
b. a down light, if externally lit.
72. Illumination resulting from direct, reflected or other incidental light emanating from the
approved signs must not exceed a luminance of 300 candelas per square metre.
73. All sign illumination must be switched off between 11:00pm and sunset of the following
day except if a service station illuminated sign which may remain on during trading
hours.
74. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
Movement
75. The approved signs must not revolve, move, contain moving parts, change its
message, flash, have a moving or flashing border, or give the impression of movement
in any way.
Maintenance
76. The approved signs must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
Cessation of Use
77. The approved signs must be removed from the site upon cessation of an associated
use.
B Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
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Section 30
ORDINARY MEETING MINUTES 17 MAY 2018
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 21 June 2018 at Kin Kin School of Arts Hall, 50
Main Street, Kin Kin, commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.46pm.
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