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2. Request to Change Approval
Attached to the e-mail Change to DA (Materials) - MCU16/0079.03.
Council Ref: MCU16/0079
4 February 2019
Chief Executive Officer
Noosa Council
PO Box 141
Tewantin Qld 4565
Dear Sir/Madam
REQUEST TO CHANGE A DEVELOPMENT APPROVAL PURSUANT TO SECTION 78 OF THE PLANNING
ACT 2016
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR EXTENSIONS TO AN RSL CLUB
5 MEMORIAL AVENUE, TEWANTIN
LOT 10 ON SP273411
Planit Consulting has been engaged by Rubicon Design and Construct (the applicant) to submit a
Request to Change a Development Approval application made pursuant to section 78 of the Planning
Act 2016.
This application is submitted in relation to a development approval for a material change of use for
extensions to an RSL Club at 5 Memorial Avenue, Tewantin.
It is noted that Noosa Council issued a decision notice for this development on 17 February 2017
(Council reference: MCU16/0079). Subsequent minor change applications were submitted by the
applicant and approved by Council in 2017 and 2018 respectively (Council reference: MCU16/0079.01
& MCU16/0079.02). A copy of the most decision notice is contained within Attachment 2 of this
submission.
The intent of this change application is to amend the stamped approved plans in order to be consistent
with what has been implemented on-site and to ensure compliance with Condition 12 of the decision
notice.
It is considered that the proposed amendment to the development approval constitutes a minor
change and should be considered favorably by Council.
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Page 2
Basic Information
The following table provides an overview of the basic information as relevant to this request to change
the existing development approval.
Basic Information
Applicant Rubicon Design & Construct
C/- Planit Consulting Pty Ltd
PO Box 206
Nobby Beach QLD 4218
Owner Tewantin Noosa RSL & Citizens Memorial Club Inc.
Application Request to Change a Development Approval made pursuant to section
78 of the Planning Act 2016.
Council Reference MCU16/0079
Address 5 Memorial Avenue, Tewantin
Title Lot 10 on SP273411
Proposal
The proposal seeks to change the existing approval pursuant to section 78 of the Planning Act 2016.
Details of the amendments sought are discussed below.
Council has issued correspondence to the owner of the subject site (refer to Attachment 3) which
states the recent building extensions are not in accordance with the approved plans, namely the
extent and type of the proposed timber look aluminium louvre screen.
As such to address this non-compliance, the applicant is requesting to amend the approved plans in
order to be consistent with what has already been implemented on site.
The amended elevation plan and design commentary are contained within Attachment 1 of this
submission.
Page 2 of 6
Page 3
Conditions Seeking Amendment
Condition 2 currently reads as follows:
2 Approved drawings
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
1620/DA/1.02 D Existing/Demolition Ground Floor Plan 15/05/17
1620/DA/2.01 P Proposed Basement Plan – Stage 4 28/07/17
1620/DA/2.02 L Proposed Ground Floor Plan – Stage 4 28/07/17
1620/DA/2.05 K Proposed Roof Plan – Stage 4 28/07/17
1620/DA/3.01 G Sections – Stage 4 28/07/17
1620/DA/4.01 K Elevations – Stage 4 28/07/17
1620/DA/5.01 G Landscape Concept Strategy – Plan 28/07/17
1620/DA/5.02 E Landscape Concept Strategy 28/07/17
Condition 2 is amended to read as follows:
2 Approved drawings
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
1620/DA/1.02 D Existing/Demolition Ground Floor Plan 15/05/17
1620/DA/2.01 P Proposed Basement Plan – Stage 4 28/07/17
1620/DA/2.02 L Proposed Ground Floor Plan – Stage 4 28/07/17
1620/DA/2.05 K Proposed Roof Plan – Stage 4 28/07/17
1620/DA/3.01 G Sections – Stage 4 28/07/17
1620/DA/4.01 L Elevations – Stage 4 31/01/19
1620/DA/5.01 G Landscape Concept Strategy – Plan 28/07/17
1620/DA/5.02 E Landscape Concept Strategy 28/07/17
Comment
It is requested that Condition 2 be amended to reflect the building façade as implemented on site. As
seen below, the current Pelican Street façade of the RSL building is considered to be generally
consistent with the stamped plans referenced within the decision notice. Whilst the timber look
aluminium louvres are slightly different to that approved by Council, the chosen materials are still
considered to be in keeping with the heritage character of Tewantin and thus complies with Condition
12 of the decision notice.
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Page 4
In addition, it is acknowledged that the Pelican Street façade does not include the additional louvers
as illustrated within the stamped approved plans. Following DA approval, the construction estimates
resulted in the need for cost saving measures. It was determined that the additional louvers along
Pelican were not required as they were to be solely used a cosmetic feature, unlike the louvers used
for the adjacent smoker’s area which provided a barrier between the patron area and the street
frontage.
Given the land owner and operator is a non-for-profit entity it is considered to be unreasonable to
enforce the implementation of the additional louvers when they serve no other purpose than being a
cosmetic feature.
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Page 5
As seen in the above photos, the building façade in its current form is still considered to be in keeping
with the heritage character of the surrounding area despite the exclusion of a small portion of
louvered screening. This is reiterated in the design commentary plan prepared by WBP Architects
(refer to Attachment 1).
As such it is the applicant’s contention that the minor amendment to the Pelican Street façade will
not adversely impact on the streetscape character or amenity on the locality and thus is considered
to be a minor change.
Statutory Requirements
The proposal seeks to change an existing development approval made pursuant to Section 78 of the
Planning Act 2016. The change relates to an amendment to Condition 34 of the development approval
to allow structures to be located in the road reserve where authorised by Council.
As detailed in section 81 of the Planning Act 2016, the Assessment Manager (responsible entity) must
be satisfied that the subject change constitutes a ‘Minor Change’. The Act defines ‘Minor Change’ as
follows:
“A minor change, means a change that—
b) For a development approval-
(i) Would not result in substantially different development; and
(ii) If a development application for the development, including the change, were
made when the change application is made would not cause –
(A) The inclusion of prohibited development in the application; or
(B) Referral to a referral agency, other than to the chief executive, if there
were no referral agencies for the development application; or
(C) Referral to extra referral agencies, other than to the chief executive; or
(D) A referral agency to assess the application against, or have regard to,
matters prescribed by regulation under section 55(2), other than matters
the referral agency must have assessed the application against, or have
had regard to, when the application was made; or
(E) Public notification if public notification was not required for the
development application”.
In summary, the submission concludes that the proposed development is not considered to be
substantially different development for the following reasons:
• the nature of the change does not result in substantially different development
• the development does not offer a minor change that would result within a referral agency or
require any extra referral agencies
• the development does not require public notification as a result of the minor change
• the development or the minor change with regards to the development does not include any
prohibited development
• The development plans attached demonstrate that the minor changes are reflective of the
overarching approval
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Page 6
Therefore, based on this review, the applicant is satisfied that the amendment requested through this
application does not result in substantially different development.
As such, it is our view that the proposed change to the development constitutes a minor change
pursuant to section 81 of the Act and should be considered favorably by Council.
If you have any questions relating to the development application, please don’t hesitate to contact
Brendan Ferris or the undersigned on telephone number (07) 5526 1500.
Yours sincerely,
Bede Emmett
Director
Planit Consulting
Attachments:
1) Amended development plans and design commentary
2) Decision notice for DA MCU16/0079.02
3) Email correspondence with Council
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Page 7
Attachment 1
Amended Development Plans &
Design Commentary
[OCR of page images]
Attachment 1
Amended Development Plans &
Design Commentary
Page 8
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
architects
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
100mm
project
location
50
drwg. title
40
30
scale drwg. no. amend.
20
@A1
0 5 10
Page 9
MINOR CHANGE COMMENTARY
ORIGINAL CONSENT VERSION
MINOR CHANGE VERSION
[OCR of page images]
MINOR CHANGE COMMENTARY
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, CHANGED TO ‘CHARCOAL’ COLOUR SCREEN IS CHANGE TO PAINTED
AS BUILT F.C. WEATHERBOARD AS BUILT
— THE ALTERNATIVE COLOUR RETAINS — THE ALTERNATIVE MATERIAL IS
THE INTENT OF CREATING COLOUR CONSISTENT WITH THE VERNACULAR
CONTRAST AND VISUAL DEPTH AESTHETIC STYLE, AND DOES NOT
SIGNIFICANTLY CHANGE THE OVERALL
— THE ALTERNATIVE COLOUR IS APPEARANCE.
CONSISTENT WITH A CONTEMPORARY
COLOUR PALETTE OFTEN APPLIED TO
BUILDINGS IN THE VERNACULAR STYLE
GK) (@) GH) 6c) E) @) 68) GA)
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=| panes | | sph pepe 1 ! CFC WEATHERBOARD | | CHONG | — SovoReoN VE EAS CUTTER / ! |
a i ‘TIMBER’ BATTEN SCREEN CADONG TMBER? ALUN C0 0 TE ROOF SHEETING | BASEMENT
0 Rss “=== “=== “aa FI TER LOOK ALIN ~ [ooo BATTEN SCREEN - “RL +5.550_
[Opa S SSS SESS SS SESS SESS SS SSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSS. SSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSS SG -SSSSSSSSSSSSSSSSSSSSSSSS BATTEN’ SCREEN SoS SSSSS SESS SESS SESS SESS SSIES SSSSESISS SSS S SESS SSSSS SSS SSSSSSSSSSSSSSSSSSSpSSSSSSSSSSESSSSSSSS |
(GG) _ELEVATION — PELICAN STREET
2.047 EAST ELEVATION SCALE 1:100
MINOR CHANGE VERSION
Page 10
Attachment 2 Approval Documents [OCR of page images] Attachment 2 Approval Documents
Page 11
Officer: Patrick Murphy
Direct Telephone: 53296436
Our Reference: MCU16/0079.02
Your Reference: n/a
22 October 2018
Tewantin Noosa Rsl &
Citizens Memorial Club Inc
PO Box 15
TEWANTIN QLD 4565
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 May 2018, 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: MCU16/0079.02
Street address: 5 Memorial Ave Tewantin
Real property description: Lot 3 T 16319
Planning Scheme: The Noosa Plan (27 November 2017)
2. DECISION DETAILS
The following type of approval was issued on 16 February 2017
• Development Permit for Material Change of Use of Premises – Extensions to existing RSL
Club
In relation to the request to make a minor change to the existing approval, Council on 18 October
2018, decided to approve the requested changes. The changes are detailed below.
A. Agee to amend conditions 2 and 3:
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 4 years starting the day that the original
development approval MCU16/0079 took effect.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
Page 1 of 12
Page 12
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1620/DA/1.02 D Existing/Demolition Ground Floor Plan 15/05/17
1620/DA/2.01 P Proposed Basement Plan – Stage 4 28/07/17
1620/DA/2.02 L Proposed Ground Floor Plan – Stage 4 28/07/17
1620/DA/2.05 K Proposed Roof Plan – Stage 4 28/07/17
1620/DA/3.01 G Sections – Stage 4 28/07/17
1620/DA/4.01 K Elevations – Stage 4 28/07/17
1620/DA/5.01 G Landscape Concept Strategy – Plan 28/07/17
1620/DA/5.02 E Landscape Concept Strategy 28/07/17
For clarity, in regard to Plan No. 1620/DA/2.02 Rev. L Proposed Ground Floor Plan – Stage
4 dated 28/07/17 the maximum number of gaming machines is limited to 195 machines.
Nature and Extent of Approved Use
3. The proposed development provides for an extension to the Gaming Area (providing for a
maximum of 195 gaming machines and limited to a maximum floor area of 565m2), Smokers
Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications
as shown on the approved plans.
4. The proposed Children’s Lounge is to remain an enclosed structure and is not to be used as
an open balcony or break out area in association with the Function Room.
5. The proposed development shall be setback at least 2m from the Pelican Street frontage and
4m from Doonella Street, with the exception of Stair 3, which is to be setback not less than
0.85m. The basement carpark area is to remain predominantly an open structure, where
above ground level, with all openings fitted with open timber battens as shown on the
approved plans. The building setback areas to the basement shall be densely landscaped to
screen the basement area from both Doonella and Pelican Streets.
6. Access and egress to the existing Function Room is to be obtained via the main entry to the
RSL building and is not via the doors providing access to the new service carpark area at
this level. These doors are not to be used in association with an additional break out area by
patrons using the Function Room.
7. All open space areas shown on the Overall Site Plan, prepared by Planit Consulting, dated
September 2016 and Landscape Concept Strategy Plans 1620/DA/5.01 Rev E and
1620/DA/5.02 Rev C dated 30/01/17, are to be landscaped in accordance with the Statement
of Landscape Intent provided. The applicant is required to provide the equivalent number of
mature trees lost by the development of the site, in the landscaped open space areas. A
number of larger trees are to be provided in the open space area to the north of the RSL
development and behind the existing commercial buildings on the subject land. The
landscaping of the open space areas is to be undertaken to the reasonable satisfaction of
the Manager, Planning and Environment.
Page 2 of 12
Page 13
8. The length of the car park podium to the Pelican Street frontage must be broken up through
the use of large feature trees at the Pelican Street/Doonella Street corner and again at the
entrance to the car park from Doonella Street as shown on the Landscape Concept Strategy
– Plan 1620/DA/5.01 Rev E dated 30/01/17.
9. The landscape planter boxes shown on the proposed ground floor plan Drawing No.
1620/DA/2.02 revision L dated 28/07/17 at the rear podium car park must provide for a
minimum soil depth and width of 600mm and incorporate appropriate drainage and plumbed
irrigation. The landscape planter boxes must be located immediately adjacent the approved
building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01 Rev G dated
28/07/17
10. Security gates must be designed to reflect the overall architectural finishes of the building by
using battening.
11. The access driveway to Doonella Street must be closed to all vehicles after 7pm at night,
with a security gate installed for this purpose.
12. Prior to the installation of ‘timber look aluminium louvre screens’, ‘timber look aluminium
rafters’ and ‘timber look aluminium batten screens’, a sample of the material must be
provided to Council demonstrating to Council’s reasonable satisfaction that the material is
reflective and in keeping with the heritage character of the area.
Landscaping Works
13. 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. Local native species suitable for the site including advanced pot sizes of 25L, 45L and
100L.
b. a 2 metre wide landscaping strip along the Pelican Street frontage of the subject site,
exclusive of the access driveway, generally uncompromised by infrastructure items.
The landscape design must include plants which screen the development to a minimum
height of 4m.
c. a 4 metre wide landscaping strip along the Doonella Street frontage of the subject site,
exclusive of the access driveway, generally uncompromised by infrastructure items.
The landscape design must include plants which screen the development to a minimum
height of 4m.
d. Planted grasses, shrubs and trees in landscaping beds to the existing grassed area in
the car-park area servicing the post office.
e. The existing trees located in the 2m Pelican Street frontage and the 4m Doonella Street
frontage must be retained in accordance with an Arborist Report prepared by a
qualified person* and endorsed through an Operational Works approval. Any trees
nominated for removal must be replaced at a 2:1 ratio for each removed, with a
minimum pot size of 100L.
*(Refer to Advisory Note)
14. 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.
Building Height
15. The maximum height of the development must not exceed RL 17.880m (AHD) as shown on
the approved plans for the development.
Page 3 of 12
Page 14
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 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.
Sunset Clause for Completion of Approved Development
17. Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
development approval lapses if the whole of the approved use has not happened by 19
January 2021.
Building Appearance
18. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
Noise
19. The applicant is to implement all of the recommended acoustic treatments provided in the
Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016, as they
relate to Stage 4 of the development. The applicant is to provide additional noise attenuation
for the smokers terrace area to prevent the reliance on staff having to manage subdued
patrons using this area. Further, the applicant is to provide suitable sound attenuation for the
bin storage area to reduce adverse noise impacts caused by rubbish being placed in the
bins. These additional sound attenuation measures are to be certified by a suitably qualified
and experienced noise expert.
20. The following specific acoustic treatments are to be applied to the building construction and
design as outlined in the CRG Acoustics Report of 11 July 2016:
a. Sound lock doors must be installed at the proposed smoker’s terrace as detailed in the
development application plans (Rubicon: Proposed Ground Floor Plans: Stage 4 plan
and Stage 5 & 6 plan).
b. Driveways, ramps and car park areas must be finished with surface coatings which
prevent tyre squeal (an uncoated surface is acceptable).
c. All drainage grating over trafficable areas must be secured in a way that prevents
rattling or nuisance noise.
d. Car park exhaust ducting is to have acoustic insulation before and after any right angle
bend (900) at the outlet end of the exhaust fan/s.
e. Car park exhaust discharge riser is to be lined with 50mm thick insulation (hydrophobic
fibreglass batts min. 32kg/m2 ) faced with perforated metal (min. 12% open face area)
f. A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic seals)
must be used for all new external windows and glass doors of the function / dining
extension, children’s lounge and the new alfresco lounge.
g. New external walls of areas where amplified entertainment is proposed should be
constructed to achieve a minimum Rw rating of 50.
h. Roof/ceiling of areas where amplified entertainment is proposed should be constructed
to achieve a minimum Rw rating of 50.
i. At the time of installation, new mechanical plant and equipment, a/c units, motors,
refrigeration equipment, compressors, pumps etc associated with Stage 4 of the
development, should be installed within the building or suitably provided with noise
reduction measures and located as to prevent a noise nuisance beyond the boundary
of the site and not exceed the levels specified in Table 1.
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Page 15
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Acoustic Report
21. An acoustic report prepared by a suitably qualified person* is to be submitted to Council
confirming assessment and certification of measured noise levels from the new mechanical
plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc
comply with the noise limits as set out in Table 1 and all other relevant noise conditions of
this Decision Notice associated with Stage 4 of the development.
22. The report is to be submitted after commissioning any new equipment (with all plant and
equipment operating at the same time) and when all building extensions are complete.
23. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement
of environmental noise – General procedures”.
Suitably Qualified Person* - Certification
For the purpose of measuring and certifying compliance with relevant noise conditions of this
Decision Notice, a suitably qualified person is either:
i. a Registered Professional Engineer of Queensland, or
ii. an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Outdoor Lighting Devices
24. Lighting associated with the use must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of
outdoor lighting” using a control level of 1 and not cause a nuisance to the adjacent
residential areas.
25. Vehicle headlight emissions from the carpark are to be adequately shielded to prevent
spillage beyond the site into any adjacent residential buildings.
External Works
26. The Doonella Street and Pelican Street frontages of the site must be upgraded for the full
length to the subject site. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
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Page 16
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice
b. removal of the existing property access points and reinstatement of the kerb, footpath
and verge area to match the balance of the site frontage, including the provision of
topsoil and turf where the existing verge is grassed
c. relocation/reinstatement of existing on-street parking bays
d. linemarking of the relocated/new on-street parking bays
Site Access and Driveways
27. A sealed access driveway must be provided from Doonella Street and Pelican Street to all
parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers in accordance with Council’s Standard drawing RS-051
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 ramp from the underground parking area to warn motorists of pedestrian
movement along the frontage street
c. sight lines to pedestrians and vehicles in accordance with AS/NZS2890.1:2004.
Certification of the design by an RPEQ must be provided as part of the Operational
Works application
Car Parking
28. A minimum of 120 car parking spaces and 4 motor cycle spaces must be provided and
marked on the site and must be 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. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
b. Disabled parking spaces within the total
c. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 Parking Facilities
29. 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.
30. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site
Paving Treatment of Vehicle Movement Areas
31. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Service Vehicles
32. 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 be in
accordance with Council’s Planning Scheme Policy 9 – Waste Management. The
development must include in particular delivery/service/waste areas that are accessible by a
12.5m vehicle.
Pedestrian and Bicycle Facilities
33. 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:
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Page 17
a. a 1.8 metre wide footpath within the road verge for the entire length of the site’s
frontage to Pelican Street and Doonella Street. The path must be extended to the
existing full width path in Memorial Avenue
b. signage and lighting at strategic locations to direct people to building entries
c. a total of 13 bicycle parking spaces
Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. a stormwater drainage system that collects and discharges runoff such that there is no
net increase in stormwater runoff from the site.
b. the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
35. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and achieve the
pollution reduction targets of the State Planning Policy Appendix 2 Water Quality and be
modelled in accordance with the Water by Design MUSIC modelling guidelines or the Water
by Design deemed to comply solutions.
36. Stormwater quality treatment devices must be routinely checked, serviced and cleaned in
accordance with the manufacturer’s recommendations or Water by Design “Maintaining
Vegetated Stormwater Assets” guidelines. Records of all maintenance activities undertaken
must be kept and made available to Council upon request. Where replacement cartridges or
other necessary components for the system become unavailable, an alternative system is
required to be retrofitted into the development to achieve an equivalent pollutant reduction
outcome.
37. All primary stormwater quality treatment devices must be routinely checked, serviced and
cleaned in accordance with the manufacturer’s recommendations. Records of all
maintenance activities undertaken must be kept and made available to Council upon request.
38. The ongoing maintenance plan for the development must include the operations and
maintenance manual for the water quality device/s and must include the full cost of
maintaining the system. This maintenance plan must be provided as part of the subsequent
operational works.
Easements
39. 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.
40. 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.
41. 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
42. All excavation/filling and associated retaining structures 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.
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Page 18
43. 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
44. 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.
45. A lift must be provided for patrons to access the RSL from the basement car park.
5. REFERRAL AGENCIES
Not Applicable
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Infrastructure Charges
3. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning
Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted
Charges).
Noise Building Works
4. Noise from building works associated with commercial and or industrial development should
comply with the following –
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
Food Business Approval – Food Act 2006
5. For the new kitchen proposed in the development, the following is required:
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Page 19
i. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006 must
obtain a Food Business License from council’s Environmental Health Section prior to
use of those premises. Note: the business currently holds a Food Business licence no.
FH10/ 0138.
ii. Plans and an application for amendment of Food Business Licence is to be made to
council’s Environmental Health Section for approval prior to any building approval,
fitting out or use of the premises. Note: a full plan assessment fee may apply if there
are major alterations food preparation area.
iii. A statement indicating the purpose of the food premises, type of food sold, proposed
menu and maximum number of patrons at any time, is to accompany the application for
plan approval.
iv. Construction and use of the food premises must comply with the “Food Premises
Design Construction and Fit-Out Guide” and the Food Safety Standards.
v. Certification by a suitably qualified person* that the plan design and/or installation and
operation of the mechanical exhaust ventilation system, complies with Australian
Standard 1668 and the requirements of this Decision Notice must be submitted with the
application for Licence. Completed Building Act 1975 Certificate Forms 15 and Form
16 must also be provided prior to commencement of food preparation.
vi. Horizontal hot air discharge from the mechanical exhaust ventilation system in the
direction of neighboring properties and/or the street precincts is not desirable and may
constitute an environmental nuisance under the Environmental Protection Act 1994.
vii. Toilets for customers and staff to be provided in accordance with the Building Code of
Australia. Design advice is to be obtained from a building certifier on numbers and
standards, including disabled access.
viii. For the purpose of certifying the kitchen mechanical exhaust ventilation system, a
suitably qualified person is considered to be:
i. a Registered Professional Engineer of Queensland;
ii. the manufacturer for the purposes of certifying the Building Act 1975
Certificate Form 15
iii. a Qld Building Construction Commission Licenced Building Certifier for the
purposes of certifying the Building Act 1975 Certificate Form 16
Environmental Protection Act
6. It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of
land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Act) is being
carried out on the land, or that the land has been affected by a hazardous contaminant, they
must, within 30 days after becoming so aware, give notice to the Department of Environment
& Resource Management’s Contaminated Land Unit in the approved form.
7. A person must not carry out any activity that causes, or is likely to cause, environmental harm
unless the person takes all reasonable and practicable measures to prevent or minimise the
harm. Environmental harm is defined as any adverse effect, or potential adverse effect
whether temporary or permanent and of whatever magnitude, duration or frequency on an
environmental value and includes environmental nuisance.
8. Persons and entities, involved in the civil, earthworks, construction and operational phases
of this development, are to adhere to their ‘general environmental duty’ to minimise the risk
of causing environmental harm.
9. The development must not cause any interference with the environment or amenity of the
area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment,
oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause
undue disturbance or annoyance to persons or affect property not connected with the use.
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Page 20
10. All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants or rubbish should
not be permitted to enter or be placed where it could reasonably be expected to move into a
roadside gutter, storm water drain or a watercourse. On the spot fines under the Act apply
for such offences.
11. Kitchen exhaust points for the development must be located and operated in accordance
with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in
buildings” (specifically Section 5.10 – Air Discharges). Form 15 & Form 16 under the Building
Code of Australia is required to be provided prior to use of the restraint starting operations
where exhaust systems have been installed.
7. PROPERTY NOTES
Not Applicable
8. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Building Works
• Development Permit for Operational Works (Earthworks, Stormwater, Access & Parking)
10. SELF ASSESSABLE CODES
• Advertising Device Code
11. SUBMISSIONS
Nil
12. REASONS/GROUNDS FOR APPROVAL
Not Applicable
13. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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14. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on
line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
Manager Development Assessment
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 16 February 2017.
• Decision Notice - Minor MCU16/0079.01 – 17 August 2017 - with
an amendment to conditions 2, 9 & 12 and additional conditions
45
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Page 22
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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Attachment 3 Council Correspondence [OCR of page images] Attachment 3 Council Correspondence
Page 24
Brendan Ferris
From: Brendan Ferris
Sent: Thursday, 31 January 2019 3:24 PM
To: Brendan Ferris
Subject: FW: MCU16/0079.02 - Works not in accordance with the approval
From: Phil Stephenson <[email protected]>
Sent: Thursday, 10 January 2019 6:49 AM
To: Richard Butler <[email protected]>; Steve Harvey <[email protected]>; Rob
McAneney <[email protected]>
Subject: FW: MCU16/0079.02 ‐ Works not in accordance with the approval
Hi Richard, Steve & Rob
Hope you all had a good break over Christmas and New Year.
Please see email below from council and advise.
Thanks
Phil Stephenson ACCM
Chief Executive Officer
TEWANTIN NOOSA RSL
PH: 07 5447 1766
FAX: 07 5449 9272
M: 0418 194 358
[email protected]
This e‐mail is confidential and may be privileged. It may be read, copied and used only by the intended recipient. If
you have received it in error, please contact the sender immediately by return e‐mail or by telephoning +61 7 5447
1766. Please then delete the e‐mail and do not disclose its contents to any person. We believe, but do not warrant,
that this e‐mail and any attachments are virus free. The recipient should take full responsibility for virus checking.
From: Diogo Carrico [mailto:[email protected]]
Sent: Monday, 7 January 2019 1:46 PM
To: Phil Stephenson
Subject: MCU16/0079.02 - Works not in accordance with the approval
Dear Sir,
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I write to you with regards to the above mentioned application, namely the ‘Timber look aluminium Louvre Screen’
indicated on the approved plan “Elevations – stage 4, drawing no. 1620/DA/4.01, rev K, dated 28/07/2017”.
Condition 12 of the development approval MCU16/0079.02 reads “Prior to the installation of ‘timber look aluminium
louvre screens’, ‘timber look aluminium rafters’ and ‘timber look aluminium batten screens’, a sample of the material
must be provided to Council demonstrating to Council’s reasonable satisfaction that the material is reflective and in
keeping with the heritage character of the area.”
It is noted that:
‐ the installed battens, louvres and rafters are not in accordance with the sample provided; and
‐ the Louvre screens indicated in the above mentioned plan have not been installed (refer to highlighted area
in snippet below).
To resolve this matter, the following options are suggested:
1. Submit a ‘Minor Change’ application for Council to accept the materials installed; and
2. Depending on outcome of the approval, install the Louvres in the area highlighted below.
Please take action to address this matter and confirm in writing/email your intended actions by close of business 8
February 2019, marked to the attention of Diogo Carrico. Thanks.
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Best Regards,
Diogo Carrico
Engineering Officer, Development Assessment I Noosa Council
Phone: 07 5329 6465 Mob: 0410 512 537
Email: [email protected]
Website: www.noosa.qld.gov.au
Location: Level 2, 9 Pelican Street, Tewantin
Mail: PO Box 141 Tewantin Qld 4565
Please consider the environment before printing this email
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