RECOMMENDATIONS - Sunshine Coast Council

RECOMMENDATIONS 

STRATEGY AND PLANNING 

COMMITTEE MEETING 

Wednesday, 24 September 2008 

Commencing at 9.01 a.m. 

Council Chambers, 9 Pelican Street, Tewantin

Strategy and Planning Committee Recommendations 24 September 2008 

TABLE OF CONTENTS 

ITEM SUBJECT PAGE NO 

1 DECLARATION OF OPENING 1 

2 RECORD OF ATTENDANCE AND LEAVE OF ABSENCE 1 

3 DECLARATION OF MATERIAL PERSONAL INTEREST 1 

4 REPORTS 2 

4.1 DEVELOPMENT ASSESSMENT ISSUES 2 

4.1.1 MATERIAL CHANGE OF USE – 139 MULTIPLE DWELLING UNITS & 

RESTAURANT (150M²) – 21 INNOVATION PARKWAY, KAWANA 2 

4.1.2 25 MAUD STREET MAROOCHYDORE - (DIVISION NO: 4) 

APPLICATION FOR MATERIAL CHANGE OF USE - MAUD STREET 

PROPERTY INVESTMENTS UNIT PARTNERSHIP 15 

4.1.3 4 FIRST AVENUE MAROOCHYDORE – THE OLD MAROOCHYDORE 

COURT HOUSE SITE - (DIVISION NO: 8) APPLICATION FOR 

MATERIAL CHANGE OF USE - BRYANT PROPERTY HOLDINGS PTY 

LTD 21 

4.1.4 22 MURDERING CREEK ROAD WEYBA DOWNS - (DIVISION NO: 11) 

APPLICATION FOR MATERIAL CHANGE OF USE - MR CC COX 40 

4.1.5 PRESCRIBED TIDAL WORK – TRANSPORT TYPE 6 – PUBLIC 

PONTOON & WALKWAY AT SERENITY CLOSE (1), NOOSA HEADS 42 

4.1.6 DECISION NOTICES ISSUED UNDER DELEGATED AUTHORITY - 24 

SEPTEMBER 2008 PURSUANT TO THE NOOSA PLAN 2008, 

MAROOCHY PLAN 2000 AND CALOUNDRA CITY PLAN 2004 45 

4.1.7 POLICY – DEVELOPMENT ASSESSMENT ROLES AND 

RESPONSIBILITIES OF COUNCILLORS AND STAFF 46 

4.1.8 BUNDILLA BENEFITED AREA RATE - DIVISION 4 47 

4.1.9 MATERIAL CHANGE OF USE & RECONFIGURING A LOT (27 

DETACHED HOUSING LOTS) UNDER THE SUPERSEDED PLANNING 

SCHEME AT NOOSA SPRINGS DRIVE, NOOSA HEADS 48 

4.2 STRATEGIC ISSUES 63 

4.2.1 LAKE KAWANA - LAKE MANAGEMENT PLAN 63 

4.2.2 DECLARATION OF BLACKALL RANGES AS AN ICONIC PLACE UNDER 

THE ICONIC QUEENSLAND PLACES LEGISLATION 64 

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4.2.3 LAND FOR COMMUNITY PURPOSES ON NOOSA NORTH SHORE 65 

5 CONFIDENTIAL REPORTS 66 

5.1 CONFIDENTIAL DEVELOPMENT ASSESSMENT ISSUES 66 

5.1.1 CONFIDENTIAL - PLANNING AND ENVIRONMENT APPEAL NO. D188 

OF 2008 - 21 BOX STREET, BUDERIM - HORST AND HERTA RECHLIN 66 

6 NEXT MEETING 68 

7 MEETING CLOSURE 68 

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1 DECLARATION OF OPENING 

The Chair declared the meeting open at 9.01 a.m. 

2 RECORD OF ATTENDANCE AND LEAVE OF 

ABSENCE 

COMMITTEE MEMBERS 

Councillor R Abbot Mayor 

Councillor V Griffin Division 9 (Chair) 

Councillor A Grosskreutz Division 1 

Councillor K Jones Division 3 

Councillor R Green Division 11 

APOLOGIES 

NIL 

ATTENDEES 

Councillor C Thompson Division 4 

Councillor J McKay Division 5 

Councillor E Hungerford Division 7 

Councillor D Blumel Division 8 

INTERIM EXECUTIVE TEAM 

Mr A Ryan 

Mr W Bunker 

Acting Chief Executive Officer 

Regional Director Regional Strategy and Planning 

COUNCIL OFFICERS 

Mr P Gleeson 

Mr J Alderson 

Mr D Rundle 

Mr S Cunningham 

Ms J Edwards 

Mr A Hazell 

Ms K Coyle 

Mr D Wallace 

Ms A Warmbrunn 

Mr J Steel 

Ms F O’Neill 

Team Leader – Major Development Team 

Planning Officer (Central) 

Senior Planner (Central) 

Urban Designer (Central) 

Director Regional Strategy and Planning (Central) 

Acting Director Regional Strategy and Planning (North) 

Senior Planning Officer, Land Use 

Planning Officer (North) 

Senior Planning Officer Projects 

Special Projects Regional Manager Water 

Administration Support Officer – Meeting Services 

3 DECLARATION OF MATERIAL PERSONAL 

INTEREST 

Councillor Green declared a Material Personal Interest in relation to Item 4.1.9. 

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4 REPORTS 

4.1 DEVELOPMENT ASSESSMENT ISSUES 

4.1.1 MATERIAL CHANGE OF USE – 139 MULTIPLE DWELLING UNITS & 

RESTAURANT (150M²) – 21 INNOVATION PARKWAY, KAWANA 

File No: 2008/56-00012 

Author: 

Team Leader - Major Developments, Paul Gleeson 

Attachments: 

Attachment 1 - Map 1 - Locality Plan 

Attachment 2 - Map 2 - Kawana Business Village 

Attachment 3 - Plan 1 - Site Plan 

Attachment 4 - Plan 2 - Elevation (Central Bldg East Façade) 

Attachment 5 - Plan 3 - Elevation (Central Bldg West Façade) 

Attachment 6 - Plan 4 - Restaurant 

Attachment 7 - Perspective 1 - South Western corner 

Attachment 8 - Perspective 2 - From Lake Kawana 

STRATEGY AND PLANNING COMMITTEE RECOMMENDATION: 

That Council: 

(a) approve with conditions the application for a Material Change of Use Development 

Permit for 139 Multiple Dwelling Units and Restaurant (150m²) at 21 Innovation 

Parkway, Kawana, described as Lot 30 on SP181069; and 

(b) delegate authority to the Chief Executive Officer to determine all future requests for 

Negotiated Decision, Change to Development Approval, to Change or Cancel 

Conditions and Extension of Relevant Period in relation to 2008/56-00012. 

CONDITIONS OF APPROVAL 

Assessment Manager Conditions 

PLANNING 

1. The site is to be developed in accordance with the approved plans (except where 

varied by conditions of this approval); 

2. Provision of on-site parking to accommodate 197 vehicles and 57 visitor car parks 

for the Multiple Dwelling Use, and 10 car parks for the Restaurant Use, and 1 

vehicle wash bay, in accordance with the approved plans; 

3. Access to car parking spaces, vehicle loading and manoeuvring areas and 

driveways is to remain unobstructed and available during the hours of operation; 

4. Should a secured parking arrangement be provided for the 197 multiple dwelling 

unit spaces in the basement, an intercom system (or similar) shall be installed at 

the entrance to the security gate to enable communication between the parking 

users at the entrance and the central management to operate the security gate; 

5. The use of the premises for the purpose of a Multiple Dwelling and Restaurant 

shall at all times accord with the criteria set out within the respective definitions 

contained in Section 9.2 of the Caloundra City Planning Scheme 1996; 

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6. The applicant must ensure that the height of the basement car park is measured to 

the underside of the floor level above, and that this distance must not extend more 

than one metre above natural ground level; 

7. The building name shall be clearly visible and discernible from the Innovation 

Parkway frontage of the site; 

8. The building shall incorporate variation in the use of building materials, colours, 

and textures to distinguish the lower levels (street level and podium level) from 

higher levels; 

9. Alternative materials, patterns, or threshold treatments shall be used to break up 

vehicle movement areas. Paving treatments shall be varied on main driveway 

systems, visitor car parking bays, multiple dwelling unit forecourts, and entry to the 

development site from Innovation Parkway; 

10. Access ways and car parking areas shall not be constructed of highly reflective 

and easily stained plain concrete. The design shall incorporate a selection of 

paving materials including brick, clay or concrete pavers, exposed aggregate, 

stamped pigmented concrete or bitumen, constructed to specific standards; 

11. The Theatre component of the Multiple Dwelling is to be made available for 

residents only. The Theatre is not to be used for commercial purposes; 

12. The site layout is to be redesigned to incorporate a separate pedestrian entry and 

pathway from the footpath within Innovation Parkway to the main pedestrian 

entrance of each building. The pathway is to be generally clear of all vehicular 

areas and where not, grade separated for distinction. Amended plans showing this 

alteration are to be submitted prior to approval of Building Works. 

ENGINEERING 

13. The operations and construction work associated with this development shall be 

undertaken in accordance with the requirements of Council’s Development Design 

Planning Scheme Policy. In particular, no environmental nuisance is to be caused 

to adjoining properties or other persons by way of smoke, dust, stormwater 

discharge or siltation of drains, at any time, including non-working hours. Where 

material is spilled or carried onto existing roads, it is to be removed forthwith so as 

to restrict dust nuisance and ensure traffic safety. Adequate safety precautions are 

to be maintained where work is undertaken on existing roads. Any damage 

attributable to the progress of the works or vehicles travelling to or from the site 

shall be remedied at no cost to Council; 

14. All necessary alterations to public utility mains and services arising from 

construction of external works associated with the development must be 

undertaken at no cost to the service provider; 

15. Stormwater shall be collected and lawfully discharged from the development site 

and from works associated with the development in accordance with Council’s 

Development Design Planning Scheme Policy and QUDM. 

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16. the access driveways and stormwater drainage works shall be designed to ensure 

that basement carparking areas are not inundated during local flooding or 

significant rainfall events. To this end, the entrance to the basement car parking 

and any external openings to the basement carparking areas including vents and 

stairwell egress etc shall have adequate freeboard above this level in accordance 

with QUDM; 

17. lighting shall be provided to pedestrian paths, building entries, driveways and 

carparking areas in accordance with the requirements of the Design for Safety 

Code; 

18. all car parks and driveways must be constructed, sealed, linemarked and drained 

in accordance with Development Design Planning Scheme Policy and AS2890.1; 

19. the crossovers are to be constructed in accordance with the IPWEA Standard 

Drawing R-0051; 

20. the development must provide a channelised right turn lane (20m desirable 

minimum length) to facilitate right turns into the development. The facility must be 

designed in accordance with the Road Planning and Design Manual (Main Roads). 

21. the centreline of the southern egress must be aligned to ensure at least the final 

6m of the approach to Innovation Parkway is no more than ±20° from 

perpendicular to the through lane in accordance with Figure 13.4 of Road Planning 

and Design Manual (Main Roads) 

22. the development must provide 139 residents bicycle parking spaces in accordance 

with the Parking and Access Code. 

23. if the basement security doors are to be actuated by keypad, swipe card or similar, 

the ramps must be widened to accommodate a centrally located actuation device 

on a raised median 

24. construction traffic must be managed to minimise impacts on the external road 

network. In this regard, the development must obtain a permit from Council’s Road 

Reserve Officer for all works in the Innovation Parkway road reserve 

ENVIRONMENTAL HEALTH 

25. Prior to any site development works commencing on the site, including earthworks, 

basement excavations, soil stripping or other land disturbance activities, the 

applicant shall arrange a pre-start meeting with Council’s Delegate; 

26. The development is to be carried out in accordance with the provisions of the 

approved Environmental Management Plan (EMP prepared by Golder & 

Associates, ref. 087682014 005, Rev000, dated July 2008). 

The site supervisor shall be responsible for notifying those persons responsible for 

implementation of, and compliance with the EMP (in its most recently approved 

draft), and of their environmental responsibilities as detailed in the EMP; 

27. All earthworks and basement excavations, including the handling & management 

of soils and excavated materials must be carried out in accordance with the EPA 

Instructions for the Treatment & Management of Acid Sulfate Soils 1 , and generally 

in accordance with the Acid Sulfate Soils Management Plan (Appendix G of EMP). 

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The site supervisor shall be responsible for notifying those persons responsible for 

implementation of, and compliance with the Acid Sulfate Soils Management Plan 

(in its most recently approved draft), and of their environmental responsibilities as 

detailed in the Acid Sulfate Soils Management Plan. 

Details of volumes of soils treated for actual or potential acidity, including results of 

verification testing irrespective of whether or not soils are treated on-site or at an 

off-site location, must be provided to Council’s delegate. 

At the pre-start meeting, the location of any areas external to the site for proposed 

deposition, and treatment of acid sulfate soils shall be provided to Council’s 

Environmental Health Compliance Officer; 

1 Document titled “Instructions for the Treatment and Management of Acid Sulfate Soils”, 2001, 

produced by the Queensland Environmental Protection Agency in consultation with the Department 

of Natural Resources and Mines and the Department of Primary Industries. 

28. The design and construction of the basement shall be able to withstand hydrostatic 

pressure, be ‘fully tanked’ to prevent groundwater infiltration, and contain no 

permanent or post-construction sub-surface drainage; 

29. Lighting devices to be installed on the site, i.e. security lights etc, are to be 

appropriately designed, sited and installed in accordance with Australian Standard 

AS4282-1997 “Control of the obtrusive effects of outdoor lighting”. 

Within one month of the use commencing, certification shall be provided to Council 

from a RPEQ certified Electrical Engineer, to demonstrate that the above 

requirements have been met; 

30. The premises shall be provided with basement refuse container storage areas 

located in accordance with the approved plan. A temporary refuse container 

storage area at street level shall also be provided and located generally in 

accordance with the approved plan. This area is to be: 

a. enclosed on at least three sides to a height of at least 0.2m above the height 

of the refuse receptacles using materials compatible with the site (e.g. palings, 

lattice work, brick or blockwork, etc) to screen the area from adjoining 

properties and the road; and 

b. imperviously sealed (e.g. concrete, bitumen, etc) 

c. provided with landscaped surrounds; 

31. Bulk bins shall not be left within the temporary bin storage area for longer than 24 

hours. It shall be the responsibility of the site manager or body corporate to ensure 

that this condition is adhered to at all times; 

32. Servicing of bulk bins shall be between the hours of 7am and 6pm Monday to 

Saturday; 

33. Prior to the use commencing, an on-site tow vehicle or other mechanical means 

shall be provided to haul bulk bins from the basement refuse container storage 

areas to the temporary refuse container storage area located at street level. The 

site manager or body corporate shall be liable for the cost of bulk bin modifications 

for use with the tow vehicle; 

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34. The site manager or body corporate shall lodge with Council a "Collection Service 

Authority & Release" for each land parcel which it requires Council's waste 

contractor(s) to traverse to collect waste or recyclate. Should Council change its 

authorised waste & recycling collection contractor(s) the site manager or body 

corporate shall execute a new "Collection Service Authority & Release" in favour of 

the new contractor should it wish the collection of waste & recyclate to continue 

upon private property. 

35. A refuse container storage area shall be provided for the café area and located 

generally in accordance with the approved plan. This area is to be: 

a. Enclosed on at least three sides to a height of at least 1.8m using materials 

compatible with the site (e.g. palings, lattice work, brick or blockwork, etc) to 

screen the area from adjoining properties and the road; and 

b. imperviously sealed (e.g. concrete, bitumen, etc) and provided with a 

washdown pit lawfully directed to sewer with a stormwater catchment area not 

exceeding 1m 2 ; and 

c. provided with a hose cock either in or adjacent to the wash down area; and 

d. provided with signage in a conspicuous location adjacent to the washdown pit 

with letters at least 50mm high and 30mm wide stating: 

BIN WASHDOWN WASTE ONLY DISPOSAL OF ANY OTHER LIQUID 

OR WASTE IS PROHIBITED; and 

e. provided with a small bunded area within the storage area for used cooking oil 

containers, this area is to be drained via a stop cock to the refuse container 

washdown pit, i.e. such that spills, leaks, etc are directed to sewer; 

36. A vehicle and bin wash bay is to be provided generally in accordance with the 

approved plan and lawfully drained to sewer. The wash bay shall drain directly to 

the adjacent grassed swale area when not in use. The wash bay catchment area 

shall be at least 2.6m wide x 5.4m long, preferably 3.2m wide x 6.0m long. The 

wash bay catchment area shall be clearly line marked and provided with the 

following sign: 

BIN AND VEHICLE WASHDOWN WASTE ONLY DISPOSAL OF ANY OTHER 

LIQUID OR WASTE IS PROHIBITED 

Vehicle wash bay drainage shall be subject to Council’s Trade Waste Policy. Prior 

to commencement of the use, the occupier shall obtain a trade waste permit from 

Council’s Trade Waste Officer. The site manager or body corporate shall be 

responsible for maintaining the diversion system in proper working order and in 

accordance with the manufacturers’ specifications; 

37. Within one month of the use commencing, the services of a qualified acoustic 

consultant shall be engaged to conduct operational noise compliance testing for 

any fixed plant & equipment installed on the site to demonstrate that noise 

emissions comply with statutory noise limits, and the noise limits detailed in 

Section 6.2.3 of the approved noise report 1 . A report, prepared by the acoustic 

consultant, shall be submitted to Council within one month of the completion of 

operational noise compliance testing demonstrating compliance with the specified 

noise limits. (refer to advice to applicant); 

1 Report prepared by: Acoustics RB Pty Ltd, ref: 08-040-R01, dated: June 2008 

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38. Appropriate noise control design e.g. acoustic barriers and building treatments, in 

accordance with section 6.2.7 of the approved noise report 1 , shall be undertaken 

with respect to the cafés outdoor dining area. A report shall be submitted to 

Council (in conjunction with the above condition), which demonstrates compliance 

with limits specified in section 6.2.7 of the approved noise report; 

39. Hours of access, manoeuvring, and delivery (including loading and unloading) of 

service vehicles is limited strictly to between the hours of 7am to 6pm Monday to 

Sunday. The site manager or body corporate shall be responsible for ensuring 

that this condition is adhered to at all times. 

40. All noise control treatments and management procedures outlined in section 6.2.9 

of the approved noise report shall be undertaken for after hours clean up of the 

café; 

41. Noise from amplified entertainment from the café is prohibited at external walls of 

any noise sensitive place. Amplified entertainment refers to either the use of 

portable sound equipment or ceiling/soffit/wall mounted speakers; 

42. Noise from indoor amplified entertainment within the café must not exceed 75 dB 

(L A10,10min ) when measured at a distance of 3 metres from any speaker. This 

condition does not apply where subsequent testing has been undertaken as part of 

a current liquor licensing application and approval; 

ENVIRONMENT 

43. Prior to any site development works commencing on the site, including earthworks, 

soil stripping or other land disturbance activities, the applicant shall arrange a prestart 

meeting with Council’s delegate. The pre-start meeting may be undertaken in 

conjunction with the engineering pre-start meeting; 

44. The Development shall be provided with a Stormwater Quality Improvement 

Devices (SQIDs) treatment train that is planned, designed and constructed in 

accordance with the approved plans, Council’s Development Design Planning 

Scheme Policy, the Water Sensitive Urban Design Technical Design Guidelines for 

South East Queensland (Healthy Waterways, 2006); 

45. Prior to commencement of use, the applicant shall provide to Council certification 

from a suitably qualified water quality specialist to verify that all stormwater quality 

treatment devices have been constructed in accordance with the approved 

drawings. This shall include certification that the biofiltration filter media meet the 

criteria outlined in the March 2008 version of the Guideline Specification for Soil 

Media in Bioretention Systems (Version 2.01), Facility for Advancing Water 

Biofiltration (FAWB). The minimum parameters to be tested include: hydraulic 

conductivity, particle size distribution, organic matter content, pH, electrical 

conductivity and phosphorus concentration. Laboratory results are to be provided 

for the filter media prior to its installation, which demonstrate that the media: 

a. Achieves the design hydraulic conductivity (minimum of 100 mm/hr) under a 

range of compaction levels 

b. Complies with the requirements as a suitable growth media as specified in the 

WSUD Technical Design Guidelines for South East Queensland (Healthy 

Waterways, 2006).Testing should be conducted in accordance with ASTM 

F1815-06) 

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Should filter media fail to meet these or other agreed criteria, suitable remedial 

measures shall be implemented by the applicant; 

46. Slotted PVC pipes, drainage layer, transition layer or filter media shall not be 

installed into the bioretention basins or swales until all exposed surfaces draining 

to the bioretention basin/swale have been stabilised; 

47. A construction hold point is to be established at the time the filter media is to be 

installed in the bioretention basins and swales and an inspection is to be arranged 

with Council’s Delegate. Laboratory results are to be provided for the filter media 

prior to its installation; 

48. The bioretention subsoil drains and cleanout points (including concrete surround 

and end cap) are to be provided generally as shown in Brisbane City Council Draft 

Standard Drawing UMS 153 with the section of sub-soil drain from the ‘Y’ branch 

to the surface to be provided as an unslotted/unperforated pipe; 

49. Approved Permanent signage, in relation to water quality, shall be erected 

educating the public of the function of the bioretention basins and swales. The 

approved signage shall be erected commensurate with the sealing of the plan of 

survey for the development. See advice to applicant for suggested wording of the 

signage. 

50. Prior to commencement of use, a design of the signage shall be submitted to 

Council for approval. The dimensions, standard and presentation of construction, 

and locations of such signage shall be detailed on the drawings; 

51. All stormwater treatment devices are to be maintained for the life of the 

development in accordance with the provisions of the manufacturers 

recommendations. Records of maintenance activities undertaken are to be kept 

and made available to Council Officers upon request; 

52. Prior to commencement of use, the applicant shall provide and have endorsed by 

Council a detailed maintenance plan for the stormwater system which is to specify 

the regular maintenance of the stormwater system along with the long-term 

management such as the replacement of the bio-retention filter. Records of 

inspection, monitoring and maintenance shall be maintained by the building owner 

/ operator and made available to Council on a regular basis (timing to be detailed 

in the plan). The maintenance plan shall comply with the requirements of the 

Development Design Planning Scheme Policy and the maintenance plan 

provisions of the WSUD Technical Design Guidelines for South East Queensland 

(Healthy Waterways, 2006); 

53. Stormwater runoff from minor catchments associated with the basement access 

ramps shall be collected via grates and sumps and pumped to discharge at 

surface level in a bioretention device for treatment. The basement and sumps are 

to be designed and constructed so that no groundwater collects in the sumps; 

54. Effluent from the wash bay, when the wash bay is operating, shall not be directed 

into the stormwater system of the site; 

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55. Except where varied by conditions of approval, the erosion and sediment control 

measures are to be designed, installed and maintained in accordance with the 

Institute of Engineers (Aust) Soil Erosion & Sediment Control Guidelines and 

generally in accordance with the approved plans. The erosion and sediment 

control measures must be maintained until the site is suitably stabilised; 

56. Erosion and sediment controls are to be provided in accordance with the approved 

plan. Additional controls may be required during the operational works phase of 

the development. These additional controls shall be determined by Council’s 

delegate and/or the sites nominated person with principal environmental 

responsibility. Erosion and sediment control measures must be maintained until 

the site is suitably stabilised; 

57. The applicant shall be responsible for notifying those persons responsible for 

implementation of, and compliance with the erosion and sediment control plan, and 

of their environmental responsibilities as detailed in this condition; 

58. All site discharges are to comply with the following water quality criteria: Total 

Suspended Solids concentration less than 50mg/L, pH between 6.5 and 8.5 pH 

units, and dissolved oxygen concentration greater than 6mg/L; 

59. The waters in the excavation, or pumped from below the excavation, are to be 

tested for compliance with the above criteria before dewatering. If the quality of 

waters does not comply with the above criteria then treatment (for example the 

addition of a flocculant) is to be undertaken. The results of water quality tests 

undertaken before and after treatment and details of the treatment undertaken are 

to be recorded and records kept on-site and made available to Council officers 

upon request; 

LANDSCAPING 

60. The applicant is to make the following changes to the landscaping plans and 

submit the amended plans for an Operational Works Development Permit. All 

landscaping works identified on the approved plans shall be completed prior to the 

use commencing. 

61. Landscaping, revegetation/rehabilitation works are to be undertaken in accordance 

with the approved plan(s) and associated plant schedules except where altered by 

conditions of this approval; 

62. Any amendments to landscaping design and/or any substitution of specified plant 

species approved as part of this development application must be approved in 

writing by Council’s delegate; 

63. The following plant species are not approved for use in the road verge, these 

species are to be substituted with the following: 

a. Substitute Myroporum parvifolium with Chrysocephalum apiculatum 

b. Substitute Liriope species with Lomandra filiformis (Savanah Blue) 

c. Substitute Dianella spp ‘Silver Streak’ with Dianella caerulea ‘King Alfred’ 

d. Substitute Hibiscus tiliaceus with Hibiscus tiliaceus ‘Rubra’ 

e. Substitute Cycas revoluta with Macrozamia miquellii 

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64. The Landscape Plan, is to incorporate the following plant species: 

a. {Alectryon coriaceus} 

b. {Elaeocarpus obovatus} 

c. {Terminalia sericocarpa} 

d. {Acronychia imperforata} 

65. The Landscape Plan, is to incorporate the following plant species to the garden 

beds adjacent to Innovation Parkway: 

a. {Colvillea racemosa} 

b. {Commersonia bartamia} 

c. {Peltophrum pterocarpum} 

66. All landscaping on the site shall utilise the following minimum plant stock sizes if 

available: 

a. Street and Feature Trees - up to 45 litre bag 

b. Other Trees - 25 litre bag 

c. Larger Shrubs - 200mm pot 

d. Groundcovers - 140mm pot 

67. All landscaping on the site shall achieve the following minimum spacings for trees, 

shrubs and groundcovers: 

a. Trees > 10 metres in height: 8 – 10 metres spacing; 

b. Trees between 5 - 10 metres in height: 5 – 6 metres spacing; 

c. Shrubs > 1.5 metres in height: 1 – 1.5 metres spacing; 

d. Groundcovers < 1.5 metres in height: 0.5 metres spacing; 

68. The following species are to be included within the Plant Schedule for the bioretention 

basin. An even mix of all species approved for the bio-retention basin are 

to be used at a ratio of 8 per m2: 

a. {Carex appressa} 

b. {Gahnia sieberiana} 

69. Sedges are to be planted to the bottom of the bioretention basin at a rate of 8 per 

square metre; 

70. The Cupaniopsis anacardiodies positioned next to the existing footpath to the 

south and east of the development (i.e. within the walkable waterfront park) are to 

be translocated to the adjacent side of this footpath, and replaced with Banksia 

integrifolia in 45 litre bags at 5 metre centres (see amended plan); 

71. To maintain plantings in the internal roundabout and podium landscaping is to be 

irrigated from a non potable source; 

72. All turf areas hashed on the amended plans are to be replaced with garden beds 

utilizing species selected from the plant schedule; 

73. Additional Araucaria heterophylla in 45 litre bags are to be planted where shown 

on the amended plans; 

74. Root barriers to a minimum depth of 900mm are to be installed to all bioretention 

basins, see amended plans; 

75. Where gardens in road reserves are removed due to drive way access, 

replacement rectification works are required as directed on site by Council’s 

delegate; 

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76. All landscaped planting areas or individual planted trees/shrubs are required to be 

mulched to a minimum 100mm deep, to ensure site water conservation 

requirements are achieved; 

77. All street trees shall conform to CCC / NATSPEC specification and are to be 

positioned, staked and mulched in accordance with the current provisions and 

specifications of Council’s Development Design Planning Scheme Policy; 

78. All Pandanus sp. proposed to be planted, retained, or transplanted as part of this 

development are to be certified free of Flatid Leafhopper (Jamella australiae), with 

certification provided to Council’s delegate prior to the works being accepted offmaintenance. 

Any trees infested with Jamella australiae, will be required to be 

appropriately treated prior to the works being accepted by Council; 

79. Street tree and shrub plantings are to be located no closer than 4 metres from any 

street light poles, 2 metres from any stormwater inlets and 1 metre off back of kerb 

(such setbacks being dependent upon planting and street design, and location of 

services); 

80. All road reserve verges shall be turfed to a minimum three (3) metres from the 

inside of kerb except where a pedestrian footpath and/or bikeway is proposed 

where in such instances the entire balance of the road reserve shall be turfed; 

81. All concrete pedestrian, bikeway and vehicle access paths shall be constructed to 

the current SCRC Road / Street Standard Drawings R0065 and R0084 and shall 

be in accordance with all Austroads construction details; 

82. ALl landscaped / planted beds are to be contained within 100mm x 100mm 

concrete mowing edges and/or pedestrian pathways or bikeways. All mowing 

edges shall be provided flush with turf adjoining the landscaped areas; 

83. No permanent potable irrigation systems are approved for installation on the site; 

84. Where feature walls, retaining walls, fences and acoustic fences are located 

adjacent to private lot boundaries, these items shall be located wholly within the 

allotment(s); 

85. The uses of synthetic, granular blended fertilisers on the site are not permitted. 

Slow release organic tree tablets shall be used at establishment; 

86. Any damage to turf, vegetation or concrete footpath within the adjacent road 

reserve as a result of construction activities is to be repaired and made good prior 

to the use commencing and/or plan sealing; 

87. Once completed, an as-completed compliance inspection of the landscaping works 

is to be conducted by Council’s Delegate, Growth Management. This inspection 

shall be arranged prior to the use commencing and / or lodgement of the plans of 

survey; 

88. Landscape works and associated landscape infrastructure at the site are to be 

maintained at all times; 

GENERAL 

B. Preliminary Approval for Building Works be granted 

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C. the approved plans/drawings for this development approval are listed in the 

following table:- 

Plan/Drawing Number Plan/Drawing Name Date 

MCU/S102 Rev L Site Plan 24/06/2008 

MCU/S103 Rev L Setback Plan 24/06/2008 

MCU/S104 Rev L Sitecover Plan 24/06/2008 

MCU/S105 Rev L Landscape Open Space Plan 24/06/2008 

MCU/S106 Rev L Staging Plan 24/06/2008 

MCU/A 201Rev L Bldg A – Level 1 (Ground) Floor Plan 24/06/2008 

MCU/A 202 Rev L Bldg A – Level 2 (Typical 2 - 4) Floor 24/06/2008 

Plan 

MCU/A 203 Rev L Bldg A – Level 5 (Penthouse) Floor Plan 24/06/2008 

MCU/A 204 Rev L Bldg A – Level 6 (Penthouse) Floor Plan 24/06/2008 

MCU/A 205 Rev L Bldg A –Penthouse Roof Plan 24/06/2008 

MCU/A 301 Rev L Bldg A –Elevations 01 24/06/2008 

MCU/A 302 Rev L Bldg A –Elevations 02 24/06/2008 

MCU/B 201 Rev L Bldg B – Level 1 (Ground) Floor Plan 24/06/2008 

MCU/B 202Rev L Bldg B – Level 2 (Typical 2 - 4) Floor 24/06/2008 

Plan 

MCU/B 203 Rev L Bldg B – Level 5 (Penthouse) Floor Plan 24/06/2008 

MCU/B 204 Rev L Bldg B – Level 6 (Penthouse) Floor Plan 24/06/2008 

MCU/B 205 Rev L Bldg B –Penthouse Roof Plan 24/06/2008 

MCU/B 301 Rev L Bldg B –Elevations 01 24/06/2008 

MCU/B 302 Rev L Bldg B –Elevations 02 24/06/2008 

MCU/C 201 Rev L Bldg C – Level 1 (Ground) Floor Plan 24/06/2008 

MCU/C 202 Rev L Bldg C – Level 2 (Typical 2 - 4) Floor 24/06/2008 

Plan 

MCU/C 203 Rev L Bldg C – Level 5 (Penthouse) Floor Plan 24/06/2008 

MCU/C 204 Rev L Bldg C – Level 6 (Penthouse) Floor Plan 24/06/2008 

MCU/C 205 Rev L Bldg C –Penthouse Roof Plan 24/06/2008 

MCU/C 301 Rev L Bldg C –Elevations 01 24/06/2008 

MCU/C 302 Rev L Bldg C –Elevations 02 24/06/2008 

MCU/C 201 Rev L Café Drawings 24/06/2008 

D. the applicant be advised that:- 

ADVICE TO APPLICANT 

(a) 

(b) 

prior to commencement of the use, the applicant shall contact Council’s Planning 

Inspector, Growth Management Unit, to arrange a Development Compliance 

Inspection; 

a Development approval for building and plumbing/drainage works will be 

required, with a permit for these works issued prior to any works commencing; 

Page 12


(c) 

(d) 

(e) 

(f) 

(g) 

the Preliminary Approval for Building Works has been granted following 

assessment of the proposed buildings against the relevant provisions of Council’s 

Planning Scheme. The buildings have not been assessed for compliance with 

the Building Code of Australia, Standard Building Regulations 1993 and 

applicable standards. Such assessment will be undertaken following receipt of 

an application for a Development Permit for Building Works; 

the relevant period for the development approval (material change of use, 

operational works and reconfiguring a lot) shall be four (4) years starting the day 

the approval is granted or takes effect. In accordance with Section 3.5.21(1) of 

IPA, the development approval for material change of use lapses if the first 

change of use under the approval does not happen within the abovementioned 

relevant period. However, if there are one or more related approvals for the 

development approval for material change of use, the relevant period is taken to 

have started on the day the latest related approval takes effect. (Please refer to 

Section 3.5.21(7) of IPA for the meaning of related approval). 

An applicant may request Council to extend the relevant period provided that 

such request is made in accordance with Section 3.5.22 of IPA and before the 

development approval lapses under Section 3.5.21of IPA; 

Suggested wording for the water quality signs is as follows: BIORETENTION 

BASIN - This bioretention basin reduces the pollution of our waterways by 

reducing the amount of heavy metals, litter, suspended solids, and nutrients 

discharged. It requires regular maintenance to continue to remove pollutants from 

the stormwater and can be easily damaged if anything besides stormwater, such 

as chemicals, herbicide, wastewater, or petroleum products, flow into it. 

The Environmental Protection Act 1994 states that 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 includes environmental nuisance. In this regard 

persons and entities, involved in the civil, earthworks and construction phases of 

this development, are to adhere to their ‘general environmental duty’ to minimise 

the risk of causing environmental harm. 

Environmental harm is defined by the Act as any adverse affect, or potential 

adverse affect whether temporary or permanent and of whatever magnitude, 

duration or frequency on an environmental value and includes environmental 

nuisance. Therefore, no person should cause any interference with the 

environment or amenity of the area by reason of the emission of noise, vibration, 

smell, fumes, smoke, vapour, steam, soot, ash, dust, 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. 

(h) 

The approved noise report recommended that after the development permit had 

been issued for the proposal, that a detailed acoustical review of the proposed 

layout of all fixed plant and equipment and sound power levels of the actual plant 

selections are established to determine the expected degree of compliance with 

specified noise limits. This acoustical review must be conducted by a qualified 

acoustical consultant, and recommend any amelioration where noise limits are 

exceeded. The report also required specific noise amelioration for the outdoor 

café area for outdoor dining noise. 

Page 13


(i) 

(j) 

(k) 

(l) 

In accordance with the Public Health Act 2005, rainwater tanks 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. It is unlawful to construct, install or be in possession of a 

tank that does not comply with these requirements. 

All areas where food is to be stored, handled or prepared for sale or sold must be 

constructed and equipped in accordance with the provisions of the Food Act 

2006 and the Food Standards Code. The premises must be registered and the 

operators licensed with Council under the aforementioned Act prior to the use 

commencing or prior to application being made for a Development Permit for 

building works (whichever is applicable). 

Trade waste generated on-site shall be subject to Council’s Trade Waste Policy 

and the Water Act 2000. Prior to an application being made for building approval 

for the site the applicant is advised to contact Council’s Trade Waste Officer on 

07 5420 8200 to determine Council’s trade waste requirements. 

Water quality in swimming pools can impact on public health if not maintained 

with appropriate disinfection, filtration and hygiene. It is important to the health of 

swimming pool users that pools are maintained to appropriate hygiene levels. 

Recreational water illness such as Cryptosporidiosis and Giardiasis are just some 

of the resulting infections that can occur from inadequately maintained swimming 

pools. It is recommended that the onsite swimming pools are maintained in 

accordance with Queensland Health’s Swimming & Pool Water Quality & 

Operational Guidelines 1 . 

1 Council’s Toolbox website contains guidelines and information on pool water 

quality - http://www.toolbox.net.au/wps/wcm/connect/design/about/home 

FURTHER DEVELOPMENT PERMITS REQUIRED 

Building Works 

Plumbing Works 

Operational Works (Landscaping) 

Item 4.1.1 recommended to the Ordinary Meeting to be held on Thursday, 2 October 

2008. 

Page 14


4.1.2 25 MAUD STREET MAROOCHYDORE - (DIVISION NO: 4) APPLICATION FOR 

MATERIAL CHANGE OF USE - MAUD STREET PROPERTY INVESTMENTS UNIT 

PARTNERSHIP 

File No: 

Author: 

Attachments: 

MCU07/0083 

Acting Senior Planner, Development Assessment, (Central) 

John Alderson 

Attachment 1 - Site Location Map 

Attachment 2 - Locality Map 

Attachment 3 - Aerial Map 

Attachment 4 - Proposal Plans 

Attachment 5 - Concurrence Agency (Department Of Main 

Roads) 

Attachment 6 - Concurrence Agency (Office Of Urban 

Management) 

Attachment 7 - Car Parking Assessment 



(a) approve with conditions Application No. MCU07/0083 for a Material Change Of Use 

(Indoor Recreation – Gym 540m²) on the grounds identified in Attachment 1, pursuant 

to the provisions of Section 3.5.5 (Impact Assessable) of the Integrated Planning Act 

1997; and 

(b) delegate authority to the Chief Executive Officer to determine all subsequent requests 

for Negotiated Decision, Change to Development Approval, Change to Cancel 

Conditions and Extension of Relevant Period consistent with this approval, 

MCU07/0083. 

DEVELOPMENT PERMIT CONDITIONS 

DEVELOPMENT APPROVAL DETAILS 

Extent of Approval: in full with conditions as specified in the Conditions Section 

contained herein. 

Type of Approval Issued 

Development Permit for Material Change of Use of Premises (Indoor Recreation- Gym – 540m² GFA) 

Relevant Period 

The relevant period of this development approval is 2 years from the date that this 

development approval takes effect. 

PLANS / DOCUMENTS 

The approved plans and / or documents for this development approval are listed in the 

following tables: 

Page 15


APPROVED PLANS 

Plan Rev. Plan Name Date 

SK.1.01 J Proposed Site Plan and Ground Floor Lobby, 

Stage 2A Proposed Gym Maud Street 

Maroochydore by CH of Ryan Group 

Queensland 

08/05/08 


SK.2.01 F Elevations Stage 2A Proposed Gym Maud 

Street Maroochydore by CH of Ryan Group 

Queensland 

08/05/08 


SK.2.02 G Elevations Sections Streetscapes, Stage 2A 

Proposed Gym Maud Street Maroochydore 

by CH of Ryan Group Queensland 

08/05/08 


CP1.001 B Proposed Site Plan Car Parking Allocation 

Maroochydore by CH of Ryan Group 

Queensland 

08/05/08 


G 1.01 A Proposed Floor Plan, Stage 2A Proposed 

Gym Maud Street Maroochydore by CH of 

Ryan Group Queensland 

31/03/08 

APPROVED DOCUMENTS 

Document No. Rev. Document Name Date 

p:\2007-08\08-060 

beach house gym\ 

calcs\survey data 

details.doc 

None Aerodrome Road Car Parking Demand 

Assessment by Adam Pekol Consulting 

30 

November 

2007 

REFERRAL AGENCIES 

The referral agencies applicable to this application are: 

Referral Trigger 

Controlled Road 

Matter 

Major Development 

Area 

Referral 

Status 

Concurrence 

Concurrence 

Referral Agency 

Department of 

Main Roads 

Office of Urban 

Management 

Referral Address 

North Coast (Gympie) 

PO Box 183 

Gympie QLD 4570 

PO Box 15009 

CITY EAST QLD 4002 

A copy of any referral agency response is attached. 


Development Permit for Operational Work (Electrical) 

Development Permit for Building Work 

Development Permit for Plumbing Work 

Page 16


APPLICABLE CODES 

Not Applicable 

ASSESSMENT MANAGER CONDITIONS 

This development approval is subject to compliance with the following assessment manager 

conditions: 

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (INDOOR RECREATION – 

GYM – 540m² GFA) 

GENERAL 

1 The applicant must comply with all of the conditions of this Development Permit for a 

Material Change of Use prior to the commencement of use, unless otherwise stated 

2 The applicant must undertake the development generally in accordance with the 

approved plans and approved documents (subject to the required amendments) and 

Maroochy Plan 2000 

3 The Applicant is responsible for the alteration, relocation or re-instatement of public 

utility services, stormwater drainage structures, driveways, landscaping and other 

features affected by the development works. Any alterations or repairs of existing 

infrastructure required as a result of the development are to be completed at no 

expense to Council or the service provider 

4 Site development works including earthworks, roadworks, stormwater drainage, water 

supply and sewerage infrastructure, electrical reticulation, lighting, landscaping, 

revegetation and other relevant services must be designed and constructed in 

accordance with the Codes and Policies of the Maroochy Plan 2000 unless 

specifically directed otherwise in the conditions contained herein 

APPROVED USE 

5 The approved development is for only Indoor Recreation (Gym – 540m² GFA) in 

accordance with the definitions within Maroochy Plan 2000 

CAR PARKING 

6 On site car parking facilities must be provided in accordance with Section 9 of 

Planning Scheme Policy No. 6 - Transport Traffic and Parking and generally in 

accordance with Drawing WD00 prepared by Turnbull Architects Pty Ltd dated 

12/02/08. The facilities must include the following: 

(a) Minimum 26 bays (indicated as ‘surplus carparking’ on the approved plan) 

complying with AS2890.1 Class 3 restricted to staff and customers of the 

development must be un-allocated and un-gated and available at all times 

(b) Directional signage must be provided to the ingress/egress points of the public 

car park 

(c) Car parking spaces and access driveways are sealed and line-marked 

(d) All on site circulation, turning areas and driveways comply with AS 2890.1- 

2004 and AS 2890.2-2002 

(e) Employee and customer parking is to be provided with appropriate directional 

signage and line-marking 

(f) Staff car parking is to be clearly signed and line-marked 

7 Prior to the commencement of the use, all parking facilities and associated access 

and drainage works must be constructed, marked, signed, lit and maintained in 

accordance with the requirements of Australian Standard AS2890.1 and must be 

made available at all times for the use by the proprietors, staff and customers 

Page 17


CYCLIST FACILITIES 

8 Bicycle parking facilities must be provided and maintained on the site, in accordance 

with Schedule 1 of Code 2.4 – Transport, Traffic and Parking and Section 8 of 

Planning Scheme Policy No. 6 – Transport Traffic and Parking and must include: 

i) 5 Class 1 or 2 spaces for staff use 

ii) 10 Class 3 spaces for visitor use 

URBAN DESIGN 

9 Sunshade devices must be provided to the upper level glazed windows and 30% of 

the wall surface on the Maud Street (western) façade to minimise the use of fossil 

fuels for heating and cooling purposes. Alternatively, provide local renewable energy 

generation (e.g. photovoltaic panels) to supply electricity equivalent to the heating 

and cooling loads for the building 

10 Advertising signage on the building is to be in accordance with the Code for the Siting 

and Design of Advertisements and is limited to 4 (four) or less flush wall signs and/or 

awning signs for the site 

DEVELOPMENT CONTRIBUTIONS 

11 The applicant must pay contributions towards infrastructure in accordance with the 

following Planning Scheme Policies: 

(a) Planning Scheme Policy DC1 - Water Supply and Sewerage Infrastructure 

(b) Planning Scheme Policy DC2 - Provision of Bikeways and Bicycle Facilities 

(c) Planning Scheme Policy DC3 - Roads Infrastructure 

(d) Planning Scheme Policy DC 5 - Public Parks Infrastructure 

The contributions must be paid prior to the commencement of use. The actual 

amount of the contribution must be calculated and paid in accordance with the 

relevant Policy at the time of payment 

HOURS OF OPERATION 

12 The hours of operation of the approved use must only be within the following times: 

• Monday – Thursday: 6:00am – 8:00pm 

• Friday: 6:00am – 7:00pm 

• Saturday: 8:00am – 12:30pm 

• Sunday: 3:00pm – 6:00pm 

ACOUSTIC ASSESSMENT 

13 Any Gym use that includes amplified voice and music must not be undertaken until an 

acoustic assessment of the amplified voice and music relative to the nearest noise 

sensitive residential premise has been undertaken against the following noise limits 

and the recommendations (including but not limited those listed below) have been 

approved by Council and implemented: 

(a) For noise during the daytime or evening (7.00am-10.00pm) – the L 10 

measured outside the most exposed part of an affected dwelling does not 

exceed the background level (L 90 ) by more than 5 dB(A) 

(b) For noise at any other time (10.00pm-7.00am) – the sound pressure level 

L OCT10 , in a full octave band with centre frequencies from 63 Hz to 2 kHz, 

measured outside the most exposed part of an affected dwelling, does not 

exceed the background level, L OCT90 , by more than 3 dB in 1 or more octave 

bands 

14 The acoustic assessment must include recommendations to achieve the noise limits 

that include: 

(a) The minimum weighted sound reduction index (R W ) for the wall, window, door, 

ceiling and roof construction materials to achieve the limits 

(b) The specification of doors and windows that must remain closed whilst 

amplified voice and music is in use 

Page 18


(c) 

The day to day management that restricts the dB(A) level of amplified voice 

and music (measured at 3 metres from speakers) to prevent the limits being 

exceeded at the nearest noise sensitive residential premise 

LIGHTING 

15 Lighting must be of the appropriate type and positioned to ensure spill and obtrusive 

light does not exceed the recommended maximum values of AS 4282-1997 ‘Control 

of the obtrusive effects of outdoor lighting’ Table 2.1 & 2.2 (level 1 control) in regard 

to surrounding residential uses 

WASTE MANAGEMENT 

16 A visually screened hard stand waste storage area (for general and recyclable 

material bins) and wash down area must be provided 

17 Waste storage must be undertaken entirely on the subject land 

UTILITIES 

18 The existing overhead electricity reticulation across the frontage of the site must be 

placed underground in accordance with Planning Scheme Policy No. 5 – Operational 

Works and must be designed by a RPEQ experienced in electrical reticulation 

engineering. In particular, the works must include: 

(a) All underground power located on Council’s standard alignment as shown in 

Standard Drawings SEQ R-100 and R-101 and constructed in accordance 

(b) 

with the associated specification 

Street-lighting along the frontage of the site designed for the specific road 

hierarchy. Where applicable, street lighting must be installed on the same 

side of the road as concrete footpaths 

19 The undergrounding of the electricity reticulation in accordance with the above 

condition must be completed prior to the commencement of use 

20 Electricity and street lighting drawings must be co-ordinated with the civil engineering 

design details, to ensure that service clashes are avoided 

CONSTRUCTION MANAGEMENT PLAN 

21 In conjunction with an application for Operational Works, a Construction Management 

Plan must be submitted in accordance with Section 6 of Planning Scheme Policy No. 

5 - Operational Works. The Construction Management Plan must specifically 

address the requirements of Section 6.1.1 as well as the following: 

(a) Traffic Management during all aspects of the construct phase including: 

(i) A Traffic Management Control Plan in accordance with the Manual of 

Uniform Traffic Control Devices (MUTCD) detailing all temporary 

signage and traffic control measures prior to construction 

(ii) Maintenance of safe pedestrian access across the frontage of the site 

both during daily construction and after daily construction has ceased 

(iii) Proposed fencing to the site during the construction phase of the 

development 

(iv) Approval of the Traffic Management Control Plan by the Department of 

Main Roads (DMR) for any works on State controlled roads 

REASONS FOR REFUSAL 


REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2) 


Page 19


PROPERTY RECORD NOTATIONS 


ADVISORY NOTES 

These Advisory Notes do not form part of this approval or the conditions attached thereto. 

The following Advisory Notes are intended to provide guidance to the applicant where 

necessary and inform the applicant of actions that Council may take with respect to the 

development site or the approval: 


1 A letter outlining the estimate of contributions payable under the current Planning 

Scheme Policies will be forwarded by Council's Infrastructure Charges Officer within 5 

business days from the date of this Decision Notice. 

2 Please contact Council's Infrastructure Charges Officer at least 3 days prior to 

payment for issue of a payment advice (which is to accompany the payment). 

CAR PARKING 

3 The approved use includes a parking relaxation in accordance with the approved car 

parking demand assessment and any change of use must be assessed and approved 

by Council and will require a recalculation of parking. 


2008. 

Page 20


4.1.3 4 FIRST AVENUE MAROOCHYDORE – THE OLD MAROOCHYDORE COURT 

HOUSE SITE - (DIVISION NO: 8) 

APPLICATION FOR MATERIAL CHANGE OF USE - BRYANT PROPERTY 

HOLDINGS PTY LTD 

File No: 

Author: 

Attachments: 

MCU05/0237 

Senior Planner, Development Assessment, 

(Central) Daniel Rundle 




Attachment 4 - Proposal Plans 



(a) approve with conditions, including additional conditions identified below and those 

amended, Application No. MCU05/0237 for a Material Change Of Use (Offices, 

Shops, Medical Centre, Restaurant, Art and Craft Centre and Dual Occupancy) on 

the grounds identified in this report, pursuant to the provisions of Section 3.5.5 

(Impact Assessable) of the Integrated Planning Act 1997; 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

End of Trip Facilities 

50a The applicant must provide end of trip facilities for cyclists (shower and 

change room) on the Ground Floor and each of the commercial office 

levels (4-11) 

Energy Efficient Window Treatment 

20 All external glazing on Levels 4 to 12 must be constructed of “low-e” 

type tinted glazing to reduce the overall thermal transmission of the 

façade system 

Green Travel Plan 

95 Concurrent with an application for Operational Works, the applicant 

must submit to Council a “Green Travel Plan” which identified methods 

for reducing car dependency by employees and visitors travelling to 

the development through encouraging alternative modes of travel 

(such as public transport, walking/ cycling and car pooling). The 

Green Travel Plan must nominate strategies, actions and practical 

initiatives for reducing car dependency for future building tenants, and 

must be included in all Community Management Statements for the 

subject site and be attached to any lease documents for future tenants 

Carparking 

47(b)(i) The Operational Works application and building application provide for 

motorcycle parking in accordance with the suggested numbers 

contained within Planning Scheme Policy No. 6. 

Litter Provisions 

96 The building application take into account the need for litter provisions 

in the outdoor areas, particularly associated with smokers. 

Page 21


(b) 

(c) 

(vi) Podium Landscaping (Amendment) 

67 The Level 4 podium must include landscaping with green roof 

technology to contribute to the amenity of the development and the 

urban environment generally. Green roof technology must include: 

(a) not less than 20% of total podium area landscaped 

(b) peripheral planting that is clearly visible from street level 

(c) areas of planting to be contained in larger contiguous areas 

with low edge to area ratio 

(d) construction methods that deliver and maintain stable soil 

moisture content 

(e) a minimum design life for plant species of not less that 10 

years for shrubs and trees and 5 years for all other plant 

material 

Prior to commencement of use the Applicant must submit a Landscape 

Management and Maintenance Manual that outlines the: 

(a) day to day maintenance of all landscape areas (trimming, 

fertilising, rubbish removal, etc) 

(b) functional and maintenance requirements of irrigation, 

drainage and any other support infrastructure 

(c) timing of proposed capital refurbishment and periodic 

reinvestment 

All works must be maintained in perpetuity by the owners and 

managers of the building such that they continue to contribute to the 

positive amenity of the building and urban environment. The 

Landscape Management and Maintenance Manual must be included in 

all Community Management Statements for the subject site 

(vii) 5-Star Efficiency Rating 

96 Concurrent with an application for Operational Works, the applicant 

must submit an Energy Performance Statement which demonstrates 

how they will optimise the energy efficiency provisions employed in the 

design of the building to meet the equivalent of 5-star rating and 

outlining how energy efficiencies can be made in the operation of the 

building; 

delegate authority to the Chief Executive Officer to determine all Requests for 

MCU05/0237 for Negotiated Decision, Change to Development Approval, to Change 

or Cancel Conditions and Extension of Currency Period; and 

delegate authority to the Chief Executive Officer to grant an easement for access 

purposes through its freehold lot known as the Cornmeal Parade carpark. 

DEVELOPMENT PERMIT CONDITIONS 

DEVELOPMENT APPROVAL DETAILS 

Extent of Approval: IN FULL with conditions as specified in the Conditions Section 

contained herein. 

Type of Approval Issued 

Development Permit for Material Change of Use of Premises (Art & Craft Centre, Dual Occupancy, Medical 

Centre, Office, Restaurant & Shop) 

Page 22


Relevant Period 

The relevant period of this Development Permit is 2 years from the date that this 

Development Permit takes effect. 

PLANS / DOCUMENTS 

The approved plans and / or documents for this development approval are listed in the 

following tables: 

APPROVED PLANS 


Figure 2 Old Court House 4-6 First Avenue, 16/06/08 

Maroochydore by Adam Pekol Consulting 

Figure 4 Old Court House 4-6 First Avenue, 16/06/08 

Maroochydore by Adam Pekol Consulting 

S3130/06/WQ01 A Stormwater Catchment and Treatment Plan, 12/06/08 

prepared by Tate Professional Engineers 

S3130/06/DR4 A Rainwater Tank Layout and Details, 12/06/08 


SK-002 H Lower Basement Floor Plan, prepared by 20/06/08 

Young Architects 

SK-003 H Upper Basement Floor Plan, prepared by 20/06/08 


SK-005 H Level 2 Floor Plan, prepared by Young 20/06/08 

Architects 


Architects 


Architects 


Architects 

SK-009 H Level 6-11 Floor Plan, prepared by Young 20/06/08 

Architects 


Architects 

SK-012 H Section A, prepared by Young Architects 20/06/08 

SK-013 H Section B, prepared by Young Architects 20/06/08 

SK-014 H North East Elevation, prepared by Young 20/06/08 

Architects 

SK-015 H South East Elevation, prepared by Young 20/06/08 

Architects 

SK-016 H South West Elevation, prepared by Young 20/06/08 

Architects 

SK-017 H North West Elevation, prepared by Young 20/06/08 

Architects 

- - Proposed Land Exchange, prepared by 15/08/08 


- - Designated Plan “A” Photo Montage 15/08/08 

Page 23


PLANS REQUIRING AMENDMENT 


S3130/06/CA01 A Stormwater Catchment Plan, prepared by 

Tate Professional Engineers 

Amendments 1. Provide engineering certification by an RPEQ. 

S3130/06/DR2 A Ground Level Drainage Layout Plan, 



12/06/08 

12/06/08 

S3130/06/R01 A Roadworks Layout Plan, prepared by Tate 12/06/08 

Professional Engineers 


2. Provide a note on the plan stating that the road easement 

width in the Council carpark is to be of sufficient size to 

accommodate vehicle movements for an MRV as per 

AS2890.2:2002 

SK-004 H Ground Floor Level 1 Plan, prepared by 20/06/08 


Amendments 1. Provide an annotation stating that the easement length and 

width is to be of sufficient size to cater for turning movements 

of a minimum of an MRV as per AS2890.2:2002. 

2. The size of the loading dock is to cater for an MRV (minimum). 

SK-004 H Ground Floor Plan, prepared by Young 20/06/08 

Architects 

Amendments 1. The clear dimension to any structure of the access is to be 6.2 

metres not 5.695 metres as annotated on this drawing. 

2. Provide a minimum of 4 van spaces 

APPROVED DOCUMENTS 

Document Rev. Document Name Date 

- - Arboricultural Report, prepared by Leaf & 27/05/06 

Limb Horticultural Consultancy 

REFERRAL AGENCIES 

The referral agencies applicable to this application are: 

Referral Trigger Referral 

Status 

Referral Agency 

Acid Sulfate Soils Advice Department of 

Natural Resources 

& Water 

Referral Address 

PO Box 573 

NAMBOUR QLD 4560 

A copy of any referral agency conditions is attached. 

Page 24



o Development Permit for Reconfiguration of a Lot – Access Easement 

o Development Permit for Operational Works – Engineering Works related to Material 

Change of Use including: 

• Vehicle Movements and parking. 

• Integrated Water Management 

• Works within a road reserve – Frontage Works 

o Development Permit for Operational Works – Landscaping 

o Preliminary Approval for Building Works – Extraction Excavation and Filling 

(Assessable under the Planning Scheme) 

o Development Permit for Building Works – Assessable under the Building Act 

o Development Permit for Plumbing Work 

o Development Permit for Drainage Work 

APPLICABLE CODES 

The applicant must comply with the following codes for self-assessable development related 

to this development approval: 

For any self assessable Operational Work for Advertising Signs 

o Code for the Siting and Design of Advertisements 


This development approval is subject to compliance with the following assessment manager 

conditions: 

GENERAL 

1 Development of the site must be carried out in accordance with the Acceptable 

Measures of the Code for Town and Village Centres and the Acceptable Measures of 

the Code for Multi-storey Residential Premises, except where varied by the Approved 

Plans (as amended) and the conditions of this approval 

2 The applicant must comply with all of the conditions of this Development Permit for a 

Material Change of Use prior to the commencement of use, unless otherwise stated 

3 The applicant must undertake the development generally in accordance with the 

approved plans and approved documents (subject to the required amendments) and 

Maroochy Plan 2000 

APPROVED USE 

4 The approved development is a Material Change of Use for Office, Restaurant, Shop, 

Medical Centre, Art & Craft Centre and Dual Occupancy in accordance with the 

definitions within Maroochy Plan 2000 

SCALE OF DEVELOPMENT 

5 The maximum gross floor area of non-residential uses must be generally as shown 

on the Approved Plans (as amended) 

6 The number of residential dwelling units must not exceed 2 units, each having a 

maximum of 3 bedrooms 

7 The height of the building must not exceed 40 metres and 12 storeys 

8 All floors above ground floor are approved for Office and Dual Occupancy only. The 

approved Restaurant, Shop, Art & Craft Centre and Medical Centre uses must only 

occur within the ground floor of the building 

Page 25


9 All levels above Level 4 (the tower levels) must set back a minimum of 9 metres from 

the eastern, southern and western property boundaries, and a minimum of 6 metres 

from the northern property boundary 

10 The combined total height of Levels 1, 2 and 3 (the podium levels) must not exceed 

12.7 metres 

11 Unless otherwise approved in writing by Council, non residential uses must not 

operate outside the hours of: 

(a) 7am to 10pm Monday to Thursday 

(b) 7am to 11pm Friday and Saturday 

(c) 9am to 10pm Sunday or any public holiday 

The requirements of this condition must be included in all Community Management 

Statements for the subject site 

AMENDMENTS TO APPROVED DOCUMENTS 

12 The applicant must, concurrent with lodgement of the first Operational Works 

application, provide to Council amended documents which incorporate the 

amendments listed within this Decision Notice 

FEES 

13 All fees, rates, interest and other charges levied on the property, must be paid in 

accordance with the rate at the time of payment and prior to the commencement of 

the use 


14 The applicant must pay contributions towards infrastructure in accordance with the 

following Planning Scheme Policies: 

(a) Planning Scheme Policy DC1 - Water Supply and Sewerage Infrastructure 

(b) Planning Scheme Policy DC2 - Provision of Bikeways and Bicycle Facilities 

(c) Planning Scheme Policy DC3 - Roads Infrastructure 

(d) Planning Scheme Policy DC4 - Stormwater Quality 

(e) Planning Scheme Policy DC5 - Public Parks Infrastructure 

(f) Planning Scheme Policy DC6 - Land for Community Facilities 

The contributions must be paid prior to the issue of the Certificate of Classification by 

the Building Certifier. The actual amount of the contribution must be calculated and 

paid in accordance with the relevant Policy at the time of payment 

URBAN DESIGN 

15 The applicant must construct the proposed buildings such that their external 

appearance to all frontages is generally in accordance with the Approved Plan: 

Designated Plan “A” Photo Montage except where varied by the conditions of this 

Decision Notice 

16 Vertical sunshade devices to the western elevation, and horizontal shading devices to 

the north and east elevations, must be incorporated to reduce the reliance on fossil 

fuels for heating and cooling the interior spaces and to provide articulation of the 

façade. All sunshade devices must protrude a minimum of 1.5 metres from the 

window panes 

17 All rooftop mechanical equipment and other service infrastructure located on the 

proposed building must be fully enclosed or screened such that they are not visible 

from the street frontages, Cornmeal Creek nor adjoining properties 

18 Street awnings must be provided along the full length of the eastern and northern 

property frontages, and for part of the western property frontages, as shown on the 

Approved Plans (as amended). The awnings must have a minimum width of 3.2 

metres from the building line. The awnings must be designed to provide solar and 

rain protection and promote all weather activity and must comply with the 

requirements of the Department of Natural Resources and Water 

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19 All ground floor glazing along the eastern, northern and western frontages must be 

fully transparent and must be provided at full height (floor to ceiling) 

20 The exterior façade of the internal ramp cylinder on First Avenue must be treated with 

decorative (split faced and honed) blockwork laid on the ramp angle to accentuate the 

spiral geometry of the sculptural form 

RESIDENTIAL PREMISES 

21 Each dwelling unit must be provided with a minimum of 7.5 metres of clothes line 

which is: 

(a) located directly adjacent to and accessible from the unit 

(b) open to breezes on at least two sides 

(c) screened from public view 

(d) protected from rain 

(e) open to filtered sunlight for at least 2 hours per day 

COMMUNITY SAFETY AND SECURITY 

22 Development of the site must be carried out in accordance with the Acceptable 

Measures of the Design Code for Community Safety and Security, except where 

varied by the Approved Plans (as amended) or the conditions of this approval 

23 The ground floor windows of the building must be protected against vandalism by the 

use of toughened glass 

24 Subject to Conditions 63 and 64, after hours access to the basement carpark, 

including the vehicle ramp and all stairwells must be restricted by a remote controlled 

security gate and/or lockable doors 

25 Access to the top floor dwelling units must be restricted by security card access in the 

elevator 

26 Ground level entrances to all stairwells must be well lit, with intensities to satisfy the 

requirements of AS1158: “Public Lighting Code” 

WORKS WITHIN ROAD RESERVE 

27 All works associated with the construction for the proposed building including: 

retaining walls and footings, access ramps, raised landscape planters, terraces or 

decks are required to be located entirely within the building allotment. The footpath is 

to be kept free for pedestrian access, current and future service provision and local 

visual amenity. Details of elements to be placed within the footpath must be included 

in a combined Operational Works Application 

GENERAL ENGINEERING REQUIREMENTS 

28 At the time of application for a Development Permit for Operational Works required by 

this Permit, all aspects of the works must be included in one (1) application and be in 

accordance with the requirements of Section 2.1.2 of Planning Scheme Policy No.5 – 

Operational Works 

29 Site development works including earthworks, roadworks, stormwater drainage, water 

supply and sewerage infrastructure, electrical reticulation, lighting, landscaping, 

revegetation and other relevant services must be designed and constructed in 

accordance with the Codes and Policies of the Maroochy Plan 2000 unless 

specifically directed otherwise in the conditions contained herein 

UTILITIES 

30 The Applicant is responsible for the alteration, relocation or re-instatement of public 

facilities and utility services, stormwater drainage structures, driveways, landscaping 

and other features affected by the development works. Any alterations or repairs of 

existing infrastructure required as a result of the development are to be completed at 

no expense to Council or the service provider 

Page 27


31 The existing overhead electricity reticulation across the frontage of the site must be 

placed underground in accordance with Planning Scheme Policy No. 5 – Operational 

Works and must be designed by a RPEQ experienced in electrical reticulation 

engineering. In particular, the works must include: 

(c) All underground power located on Council’s standard alignment as shown in 

Standard Drawings SEQ R-100 and R-101 and constructed in accordance 

with the associated specification 

(d) Street-lighting along the frontage of the site designed for the specific road 

hierarchy. Where applicable, street lighting shall be installed on the same 

side of the road as concrete footpaths 

CONSTRUCTION MANAGEMENT PLAN 

32 In conjunction with an application for Operational Works, a Construction Management 

Plan must be submitted in accordance with Section 6 of Planning Scheme Policy No. 

5 - Operational Works. The Construction Management Plan must specifically 

address the requirements of Section 6.1.1 as well as the following: 

(a) Traffic Management during all aspects of the construct phase including: 

(i) A Traffic Management Control Plan in accordance with the Manual of 

Uniform Traffic Control Devices (MUTCD) detailing all temporary 

signage and traffic control measures prior to construction 

(ii) Maintenance of safe pedestrian access across the frontage of the site 

both during daily construction and after daily construction has ceased 

(iii) Proposed fencing to the site during the construction phase of the 

development 

(iv) Approval of the Traffic Management Control Plan by the Department of 

Main Roads (DMR) for any works on State controlled roads 

(b) Maintenance and protection of water quality and existing drainage lines 

through the construction site, through the implementation of appropriate 

erosion and sediment control measures 

(c) Works programme identifying key components of the works and their 

respective durations 

(d) The number and location of the vehicle parking spaces / area required to 

accommodate the maximum number of contractor / construction employees 

on site at any time without utilising the existing carparking spaces located in 

the Cornmeal Parade carpark. 

(e) 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 

(f) Identification of complaint management procedures including: 

(i) Contact details for the on-site manager 

(ii) Dispute resolution procedures 

(g) Details on the location of external fill sites/sources, the haulage route, type of 

vehicle to be utilised during filling operations and frequency of usage. NB any 

damage to the existing road system as a result of haulage operations shall be 

fully repaired at the applicant’s expense 

CONSTRUCTION SECURITY BOND 

33 In conjunction with an application for Operational Works a detailed schedule of costs 

for the proposed works must be submitted as defined in Section 8.1.10 of Planning 

Scheme Policy No. 5 – Operational Works. The schedule must be certified by a 

RPEQ experienced in civil works as being a true and accurate reflection of current 

construction costs. Prior to the issue of the Development Permit for Operational 

Works the applicant must lodge the required bond amount in accordance with Section 

8.1.6 of Planning Scheme Policy No. 5 – Operational Works 

Page 28


EROSION AND SEDIMENT CONTROL 

34 An Erosion and Sediment Control Plan must be submitted for Council’s approval and 

must incorporate a suite of measures designed to meet the water quality objectives of 

a maximum concentration in any water release from the site of 50 milligrams per litre 

(mg/L) of Total Suspended Solids (TSS) as per Council’s standards, codes and 

policies applicable at the time of lodgement of any subsequent Operational Works 

application: 

(a) Measures to protect waterway geomorphology and ecosystem health as a 

consequence of more frequent runoff events and increased runoff 

frequencies, velocities and volumes, including pipe and culvert outlet scour 

protection 

(b) Identification of all sheet and concentrated flow paths, and provision of design 

details of how drainage is to be managed across the site, demonstrating that 

flows across bare soil and in channels are below critical scour velocities 

commensurate with specified surface protection 

(c) Stockpile location and management 

(d) Measures to protect bare soil against the erosive effect of rainfall 

(e) Clearly defined measures to minimise the extent of soil exposure 

(f) Clearly defined measures to minimise the duration of soil exposure 

(g) Sediment capture devices 

(h) Calculations used to verify the efficacy and appropriateness of the measures 

submitted in the Sediment and Erosion Control Plan for the site 

(i) A construction management programme showing adaptive and progressive 

management measures for the site in coordination with the works schedule 

and staging of works to avoid higher risk wet months, including installation of 

permanent stormwater quality improvement devices and decommissioning of 

temporary measures 

(j) 

A site-based Environmental Management Plan giving details of management 

responsibilities, operation, maintenance, monitoring and reporting procedures 

including incident response and corrective actions, with reference to ‘before, 

during and after’ wet weather (refer to Advisory Notes) 

35 The basement must be designed and constructed as a water excluding structure in 

accordance with AS 3735 - Concrete Structures for Retaining Liquids to prevent 

groundwater being discharged from the basement after construction 

EXCAVATION 

36 Where the development involves excavation or filling over, or adjacent to, water 

supply or sewerage infrastructure, all access chamber surface levels must be 

adjusted to provide a freeboard of 100mm above the finished ground surface level 

37 In conjunction with an Operational Works application to Council the following must be 

addressed: 

(a) Details of the location of any material to be sourced for fill, including the 

volume of fill to be moved from any particular source site 

(b) Details of the final location for any material to be exported from the site from 

excavations 

(c) The haulage route/s that will be used. Approval for the haulage truck sizes 

and the final haul route(s) is to be obtained prior to works commencing 

(d) The proposed source of fill and haulage route must be approved by Council 

prior to the commencement of Bulk Earthworks. This matter shall be 

addressed as part of the Operational Works application 

(e) Details identifying the source/disposal site(s) for material imported/exported as 

part of the development. The site(s) must have a current development 

approval enabling them to export/accept any material if they are located within 

the Shire 

Page 29


38 Cut, fill and other stored material must be: 

(a) Contained wholly within the site 

(b) Located in a single manageable area which does not exceed 50m 2 in area, 

impact on a waterway or drainage line and is located at least 10 metres from a 

property boundary 

Retaining Walls 

39 Structural design certification is to be provided for all retaining walls by an 

experienced and qualified civil engineer 

40 All retaining walls are to be designed and constructed in accordance with the 

requirements of Council’s Planning Scheme Policy No. 5 – Operational Works 

INTEGRATED WATER MANAGEMENT 

41 Concurrent with any application for Operational Works, the applicant must submit 

detailed calculations and supporting plans/documentation prepared by a suitably 

experienced Registered Professional Engineer of Queensland (RPEQ) to 

demonstrate that the development site is adequately drained, and stormwater is 

intercepted and lawfully discharged in accordance with the requirements of the 

Queensland Urban Drainage Manual (QUDM) and Maroochy Plan 2000, without 

causing an annoyance or nuisance to any person or property. The following 

requirements must be addressed as part of any submission: 

(a) The incorporation of Water Sensitive Urban Design into all development site 

drainage 

(b) Extension of the drainage system through the development site to cater for all 

external catchments 

(c) Cut off drains where necessary to protect the development site from overland 

flows from upstream sources, and to protect downstream property from flow 

developed on the site 

(d) Registration of drainage easements over all drainage structures and 

concentrated flow paths on private land, including on adjoining land where 

required to connect to a legal point of discharge as defined in QUDM 

(e) Lodgement with Council of written permission to discharge stormwater onto 

adjoining property and the establishment of drainage easements where 

required 

(f) 

Construction of conventional stormwater drainage systems in accordance with 

Section 4.7 of Planning Scheme Policy No.5 – Operational Works 

42 Concurrent with any application for Operational Works, the final design details of the 

site’s Integrated Water Management Strategy must be prepared and submitted by a 

suitably experienced Registered Professional Engineer of Queensland (RPEQ) or 

equivalent for Council’s approval. All water management and drainage systems must 

demonstrate compliance with: 

(a) The Code for Integrated Water Management 

(b) Planning Scheme Policy No. 5 - Operational Works, Sections 2.2 and 7 

(c) The latest Water Sensitive Urban Design Technical Design Guidelines for 

South East Queensland published by Healthy Waterways 

(d) Queensland Urban Drainage Manual 

(e) Australian Runoff Quality 

43 An Operational Management and Maintenance Report must be prepared as a 

separable section of the Integrated Water Management Strategy to provide an outline 

of the proposed long term operational and maintenance requirements of the 

stormwater system on the site. As a guide, the maintenance report must cover all 

aspects of on-site facilities associated with the management of stormwater quantity 

and quality, including any rainwater tanks, on-site detention tanks and stormwater 

quality improvement devices. The Operational Management and Maintenance report 

must include: 

Page 30


(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

A plan showing the location of the individual components of the system (for 

lots less than 2000m², an ISO A3 plan will be considered adequate) 

Manufacturer’s data and product information sheets for any proprietary 

products 

Location of inspection and monitoring points shown clearly on the plan 

A summary of the design water quality target acceptable criteria 

A schedule or timetable for the proposed regular inspection and monitoring of 

the devices. (Council recommends a visual inspection at least 3 times per 

year with more frequent inspections to occur no greater than 3 months apart 

between October and May. Inspection should be made not less than 24 hours 

and not more than 72 hours after the cessation of rainfall if the total rainfall on 

any day exceeds 30mm) 

Proposed action if inspection reveals the presence of water ponded within biofilters 

twenty-four hours after the cessation of rain 

Records to be logged and kept for verification of compliance with this 

condition on a needs basis 

Name and contact details of relevant person responsible for the design of 

stormwater system 

MINIMUM FLOOR LEVELS 

44 All building floor levels containing leaseable space are to have a minimum level of 

2.5 metres AHD (freeboard of 400mm over a 100 year ARI flood level combined with 

a storm surge) 

45 The entry to the basement car park (top of the ramp) is to have a minimum height of 

2.5 metres AHD 

TRANSPORT, TRAFFIC AND PARKING 

Site Access Requirements 

46 In conjunction with an application for Operational Works, site access must be 

provided in accordance with Section 5 of Planning Scheme Policy No. 6 -Transport 

Traffic and Parking 

Car Parking 

47 On site car parking facilities must be designed and constructed in accordance with 

Section 9 of Planning Scheme Policy No. 6 - Transport Traffic and Parking. The 

facilities must include the following: 

(a) Minimum 190 bays with a combination of Class 1 and Class 3 (excluding 

disabled parking bays and commercial parking bays) complying with 

AS2890.1:2004 restricted to staff, residents and visitors / customers of the 

development must be un-allocated and un-gated and available at all times 

(b) 2 disabled parking bays (Class 4) must be clearly designated and provided in 

accordance with AS 1428 and AS2890.1 

(c) Directional signage must be provided to the ingress/egress points of the public 

car park 

(d) Car parking spaces and access driveways are sealed and line-marked 

(e) The number of small parking bays permissible on site is as per Councils 

Transport, Traffic and Parking Policy. 

(f) Lengthening of the Loading area to accommodate standing and manoeuvring 

areas for all required service vehicles, except vans. Entry and exit swept 

paths must be contained within the limits of an external access easement to 

be negotiated with the owners of the adjoining Lot 649 M56758 

(g) SRV, MRV and WCV Swept Paths that demonstrate (f) above 

(h) All tandem parking bays are to be allocated to individual tenancies or the 

residents of the units and not to be used as visitor parking bays 

(i) All small carparking bays are to be in accordance with AS2890.1:2004 

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(j) All on site circulation, turning areas and driveways comply with AS 2890.1- 

2004 and AS 2890.2-2002 

(k) Dedicated vehicle turning areas at the end of each dead-end aisle 

(l) Employee and customer parking is to be provided with appropriate directional 

signage and line-marking 

(m) Signage and linemarking as per the requirements of the Manual of Uniform 

Traffic Control Devices (MUTCD) 

48 Prior to the commencement of the use, all parking facilities and associated access 

and drainage works must be constructed, marked, signed, lit and maintained in 

accordance with the requirements of Australian Standard AS2890.1 and must be 

made available at all times for the use by the proprietors, staff and customers 

Service Vehicle Requirements 

49 Service vehicle parking and manoeuvring facilities must be provided and maintained 

on the site, complying with Section 10 of Planning Scheme Policy No. 6 - Transport 

Traffic and Parking. This must include adequate gradients and widths of the 

driveway, which may require upgrading of the existing construction. The facilities 

must include provision for: 

(a) 4 Van Spaces (regular access) 

(b) 1 MRV space (regular access) 

(c) 1 WCV (occasional access) 

(d) 1 LRV (occasional access) 

Vehicle definitions, space dimensions and swept paths shall comply with AS 2890.2- 

2002 

Cyclist Facilities 

50 Bicycle parking facilities must be provided and maintained on the site, in accordance 

with Schedule 1 of Code 2.4 – Transport, Traffic and Parking and Section 8 of 

Planning Scheme Policy No. 6 - Transport Traffic and Parking and must include: 

(a) 2 Class 1 spaces for resident use 

(b) 1 Class 1 space for restaurant use 

(c) 2 Class 1 spaces for shop use 

(d) 25 Class 1 space for office use 

(e) 7 Class 3 visitor spaces for all uses 

Pedestrian Facilities 

51 Signage and lighting must be provided in strategic locations to direct people to the 

entries of the proposed facility 

52 All pedestrian facilities must be designed to ensure that the requirements of AS1428 

for disability provisions have been complied with 

MOVEMENT NETWORKS 

Frontage Works 

53 First Avenue frontage works must be constructed in accordance with Section 4 of 

Planning Scheme Policy No. 6 – Transport Traffic and Parking and Section 4 of 

Planning Scheme Policy No. 5 – Operational Works. The works must include the 

following: 

(a) Full width footpath paving 

(b) Reinstatement of kerb and channel and existing driveways as required 

(c) Underground stormwater drainage as required 

(d) Undergrounding of existing overhead electrical reticulation in accordance with 

Council Standards 

(e) Detailed urban streetscape finishes schedules, including street furniture as 

required 

(f) Street trees in accordance with an approved Landscape Plan 

Page 32


54 Cornmeal Parade access / frontage works (for the western boundary) must be 

constructed in accordance with Section 4 of Planning Scheme Policy No. 6 – 

Transport Traffic and Parking and Section 4 of Planning Scheme Policy No. 5 – 

Operational Works. The works must include the following: 

(a) Minimum verge to match existing verge in the Cornmeal Parade carpark 

(b) Driveway access to Council standard drawings 

(c) Concrete footpath for the full verge width to Council standards applicable at 

the time of lodgement of the Operational Works application 

(d) Reinstatement of kerb and channel and existing driveways as required 

(e) Minimum sight lines for pedestrians to be as per Figure 3.3 of AS2890.1:2004. 

(f) Underground stormwater drainage as required 

55 Cornmeal Creek frontage works (for the northern boundary) must be constructed in 

accordance with the Infrastructure Agreement executed between the applicant and 

Council in relation to site access. Works must be designed to include grading 

sufficient to enable equitable access from Cornmeal Creek to the outdoor dining and 

shopfront areas and to the public lobby of the building 

56 Assessment of all frontage works as required by the conditions above must be 

undertaken though a code assessable Operational Works (Frontage Works) 

application. All frontage works must be constructed in accordance with: 

(a) All relevant conditions of this approval; 

(b) The relevant policies of the Sunshine Coast Regional Council, including; 

(i) Council Streetscape and Materials palette for Maroochydore town 

centre 

(ii) 

(iii) 

Council Parks and Open Space landscaping standards 

Council Access Policy, the Human Rights and Equal Opportunities 

Commission (HREOC) Advisory Notes, the Disability Discrimination 

Act (DDA) and AS 1428.2 and AS 1428.4 

(iv) Council Standard Specification Supply and Installation of Electrical 

Equipment for Public Use Areas 

(c) The relevant policies of the Department of Main Roads, Translink and 

Department of Natural Resources and Water 

(d) Any subsequent Building Works and Operational Work approvals for such works 

(e) The design standards and finishes for Council’s Cornmeal Creek Pedestrian 

Promenade Project 

The applicant must provide design documentation in accordance with Maroochy Plan 

2000, Planning Scheme Policy No. 5 – Operational Works and including: 

(a) Detailed design plans of landscaping, civil and structural engineering and 

electrical and hydraulic reticulation in digital and hard copy format 

(b) Finishes and planting schedules of: 

(i) Streetscape elements and product names 

(ii) Size, Finish, Colour 

(iii) Relevant maintenance manual 

(iv) The diameters of mature canopy and heights of mature tree and 

understorey plants 

(c) Energex reticulated services 

(d) Public transport infrastructure 

(e) Street trees, planting and planter beds 

(f) Bicycle racks, tree grilles, seating, rubbish bins, bollards, handrails and 

drinking fountains as may be appropriate 

(g) WSUD including irrigation of street planting by on-site collection 

(h) Directional signage to the entries of public access ways 

(i) The integration of works with adjoining frontages and infrastructure and 

including surface levels, paving finishes, stormwater drainage and electrical 

reticulation 

Page 33


(j) A priced schedule of all frontage works prepared by a registered quantity 

surveyor 

(k) Construction Management Plan 

(l) Site Management Plan including pedestrian management 

57 Upon completion of the works, the applicant must provide “as constructed” drawings 

of all above and below ground improvements. The “as constructed” drawings must 

prepared by an appropriately qualified person and be provided in digital and hard 

copy format 

58 The applicant must provide certification by suitably qualified professionals of the 

following: 

(a) Civil and structural engineering works 

(b) Electrical design and reticulation, including Energex reticulated services 

(c) Irrigation design and reticulation 

(d) Planting 

(e) Disability access 

59 The applicant must provide a Bill of Quantities to Council for all frontage works, prior 

to the start of work, in digital and hard copy format, prepared by a registered Quantity 

Surveyor. The applicant must revise and submit the Bill of Quantities on completion 

of the Works to reflect the built outcome 

60 Advanced public and emergency services notification must be carried out at least 1 

week prior to the commencement of any works within Cornmeal Creek carpark, the 

unnamed road providing access to the carpark and First Avenue. The notification 

must be in accordance with the following points: 

(a) Provide notice to police, emergency services, the local businesses and the 

general public of the proposed traffic changes as a result of the frontage works 

shown on the approved plan 

(b) Notification must be in the form of a prominent newspaper advertisement in the 

local newspapers and also personal notification to the police, emergency 

services and local businesses affected by the changes and works 

(c) The applicant must provide proof to Council prior to the commencement of any 

works that notification has been carried out in accordance with the above 

conditions 

Internal Driveways / Roadways 

61 Internal roads must be designed in accordance with the requirements of Queensland 

Streets and Australian Standard AS 2890 

62 The internal circulating roads must be designed and constructed in accordance with 

the Section 9.1.5 and 9.1.6 of Planning Scheme Policy No. 6 Transport Traffic and 

Parking Section 4 of Planning Scheme Policy No. 5 – Operational Works 

Security Gate Access 

63 The applicant must install remote control security gate locks operable from tenant 

vehicles and individual units, and a two-way communication system that permits the 

driver of a car wishing to enter the gated carpark to contact an individual unit 

64 The security gate must remain open at all times while commercial uses on the site 

are open for business. The requirements of this condition must be included in all 

Community Management Statements for the subject site 

LANDSCAPING 

65 The applicant must apply for a Development Permit for Operational Works – 

Landscaping. The Landscape Plan must be in accordance with the Code for 

Landscaping Design and be prepared by a qualified consultant at a scale of 1:200 

(details at 1:10 or 1:20), and contain the following information: 

(a) Planting plan showing the position and canopy spread of all trees, shrubs and 

ground covers 

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(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

A plant schedule with the following information: botanic names, common 

names, total plant numbers, and pot sizes at the time of planting. (All feature 

trees shall have a minimum pot size of 45 litres with at least 10% of the 

remaining plants being suitably mature specimens) 

Location of services such as drainage, water, sewerage and overhead power 

Details of landscape structures including areas of deep planting 

Important spot levels and/or contours. In addition, the heights and levels of 

retaining structures are to be indicated on plan 

Extent and type of works (i.e. paving, fences, garden bed edging etc.). All 

plants should be located within an edged garden 

Any landscape treatment on the road reserve (i.e. street trees, footpath) 

The name, contact details and qualifications of the landscape designer who 

drafted the plan 

66 A minimum of 1 piece of public art must be established within the development which 

may be integrated with the architecture or included within the landscape. Details of 

the public art must be submitted with the application for Operational Works. The 

public art must respond to the sculptural form of the architecture to reinforce and 

realise the place-making opportunities associated with the development 

67 Landscaping must include deep tree plantings on the Level 4 podium with foliage 

clearly visible from First Avenue 

68 The applicant must complete all landscape works prior to the commencement of use 

69 The applicant must landscape the site in accordance with Council’s Code for 

Landscaping Design, conditions of this Decision Notice and in accordance with the 

approved Landscape Plan 

70 The applicant must establish and maintain landscaping areas in accordance with 

horticultural best industry practice 

IMPLEMENTATION OF ARBOREAL WORKS 

71 The applicant must employ a suitably qualified Arborist, (minimum Diploma of 

Arboriculture or ISA certification, and a minimum 5 years experience in the field of 

arboriculture) to implement any required tree protection measures identified in the 

Approved Document: Arboricultural Report to make the tree(s) safe. The Arborist 

must provide a certificate to Council’s Landscape Assessment Officer stating that all 

remedial works have been implemented to Council’s satisfaction prior to completion 

of the works 

WATER SUPPLY AND SEWERAGE 

72 Any construction works to be undertaken in the vicinity of Council’s existing water 

supply or sewerage infrastructure must not adversely affect the integrity of the 

infrastructure. All costs associated with repair, replacement or alteration of existing 

infrastructure must be met by the applicant 

73 The applicant must provide reticulated water supply and sewerage services to each 

lot within the proposed development in accordance with Maroochy Plan 2000 

74 Connection must be made to the Council reticulated sewerage system at the 

sewerage manhole located on the First Avenue road verge, south of the development 

75 The sewer property connection must be modified to accommodate entry through the 

basement carpark wall. Details must be approved by Plumbing Branch at building 

stage 

76 The firefighting water supply demand on Council’s reticulation system from this 

development must not exceed 30 litres per second 

77 The applicant must supply the development site with reticulated water via a Council 

installed primary water meter located immediately inside the property boundary. For 

a community title scheme, the applicant must provide additional water meters for 

each separate title. These meters must be supplied and installed in accordance with 

Councils requirements 

Page 35


78 The applicant must ensure that no stormwater, groundwater or sump pump is 

permitted to discharge to Council’s sewerage system 

79 The applicant must ensure the water meter is accessible at all times for reading and 

maintenance purposes 

ACID SULFATE SOILS 

80 A Site Specific Acid Sulfate Soil Management Plan must be submitted with the 

application for Operational Works (Engineering Works) in accordance with: 

(a) The State Planning Policy Guideline 2/02: Planning and Managing 

Development involving Acid Sulfate Soils published by the Qld Department of 

Natural Resources and Water 

(b) QASSIT: Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils 

(ASS) in Queensland 1998, published by the Department of Natural 

Resources and Water 

(c) 

The Queensland Acid Sulfate Soil Technical Manual: Soil Management 

Guidelines Version 3.8, published by the Department of Natural Resources 

and Water 

81 Verification testing of all excavated material for potential Acid Sulfate Soils must be 

carried out throughout the excavation phase by a suitably qualified person at a rate of 

one sample per 250m3 using the SPOCAS or Chromium Reducible Sulphur testing 

suite with the results submitted to Council 

82 Excavation water, basement water and all other waters to be discharged from the site 

must not contain levels exceeding the following: 

(a) Suspended Solids – 50mg/L maximum 

(b) Total Iron – 0.3mg/L maximum 

(c) Total Aluminium – 0.2mg/L maximum 

(d) pH – within range of 6.5 to 8.5 pH units 

(e) Visual Amenity – No visible plume 

83 The basement must be designed and constructed as a water excluding structure in 

accordance with AS 3735 – Concrete Structures for Retaining Liquids to prevent 

groundwater being discharged from the basement after construction 

WASTE MANAGEMENT 

84 Waste storage must be undertaken entirely on the subject land 

85 A screened, adequately sized hardstand area for the temporary storage of waste 

containers must be provided, which will minimise the movement of containers for 

servicing and the impacts on adjoining neighbours 

86 A waste service point must be provided that: 

(a) Does not impede the traffic flow during servicing 

(b) Is clearly separated from a car parking bay and other similar areas 

(c) Is of a sufficient height to allow for the servicing of a bulk bins 

(d) Is clear of any overhanging branches, roofs or other similar structures at or 

below the height of the waste collection vehicle 

(e) Allows unobstructed access to and from the service point 

(f) Provides clear, unimpeded vision for the driver of the waste collection vehicle 

(g) Ensures that the noise associated with servicing is minimised for the living 

areas of an adjoining premises 

(h) Enables the collection vehicle to remain entirely on the site during servicing 

87 A visually screened hardstand waste storage area (for general and recyclable 

material bins) and washdown area must be provided within the storage area 

88 A separate waste chute for the disposal of general and recyclable materials as shown 

on the approved plans must include the associated requirements for the chutes in 

accordance with the waste management acceptable measures of the Code for Multistorey 

Residential Premises 

Page 36


89 A waste storage room at the bottom of the waste chutes as shown upon the approved 

plans must include the associated requirements for the rooms in accordance with the 

waste management acceptable measures of the Code for Multi-storey Residential 

Premises 

ACOUSTIC AMENITY 

90 The basement carpark exhaust, air conditioning units, pool filtration and other plant 

and equipment must be enclosed or shielded with acoustically rated materials or 

positioned to ensure the equipment will not cause environmental harm to nearby 

noise sensitive uses. The sound pressure levels (adjusted for tonality in accordance 

with AS 1055.1-1997 ‘Acoustics – Description and measurement of environmental 

noise – General procedures’) from all plant and equipment when added together 

(logarithmic addition) must be less than the recommended internal design sound 

levels referenced in AS 2107:2000 ‘Acoustics – Recommended design sound levels 

and reverberation times for building interiors’ for ‘Houses and Apartments near minor 

roads’ 

KITCHEN EXHAUST 

91 Any kitchen exhaust points for restaurants or commercial kitchens must be located 

and operated so as not to cause environmental harm in accordance with AS 1668.2 

‘The use of ventilation and air conditioning in buildings – Ventilation design for indoor 

air contaminant control’, Section 5 – Mechanical Ventilation-Exhaust Systems, 5.10 – 

Air Discharges 

OUTDOOR LIGHTING 

92 Lighting must be of the appropriate type, and positioned to ensure spill and obtrusive 

light does not exceed the recommended maximum values of AS 4282-1997 ‘Control 

of the obtrusive effects of outdoor lighting’ Table 2.1 & 2.2 (level 1 control) in regard 

to surrounding uses 

SPECIAL REQUIREMENTS 

93 The applicant must ensure that no work commences on that part of the site identified 

on the Approved Plan: (landswap) as the 165m² parcel along the western boundary, 

until such time as that land is amalgamated with Lot 1 on M56758 

94 The applicant must secure all necessary easement and other access rights to the site 

prior to commencement of the use 

REASONS FOR REFUSAL 

Not Applicable. 

REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2) 

The assessment manager considers the decision conflicts with the following applicable 

codes: 

Nil. 

PROPERTY RECORD NOTATIONS 

Nil. 

ADVISORY NOTES 

These Advisory Notes do not form part of this approval or the conditions attached thereto. 

Page 37


The following Advisory Notes are intended to provide guidance to the applicant where 

necessary and inform the applicant of actions that Council may take with respect to the 

development site or the approval: 


1 A letter outlining the estimate of contributions payable under the current Planning 

Scheme Policies will be forwarded by Council's Infrastructure Charges Officer within 5 

business days from the date of this Decision Notice. 

Please contact Council's Infrastructure Charges Officer at least 3 days prior to 

payment for issue of a payment advice (which is to accompany the payment). 

ACCESS EASEMENT IS ASSESSABLE DEVELOPMENT 

2 The registration of reciprocal access easements for access purposes constitutes 

assessable development, being “Reconfiguring a Lot” in accordance with the 

definitions contained within the Integrated Planning Act 1997. Any such development 

will require lodgement of a development application to the Sunshine Coast Regional 

Council. 

GENERAL 

3 From 1 January 2000, the Building and Construction Industry (Portable Long Service 

Leave) Levy must be paid prior to the issue of a development permit where one is 

required for the 'Building and Construction Industry'. This applies to Building Works, 

Operational Works and Plumbing and Drainage Works applications, as defined under 

the Integrated Planning Act 1997, where the works are $80,000 or more and 

matching the definition of 'Building and Construction Industry' under the Building and 

Construction Industry (Portable Long Service Leave) Act 1991. 

Council will not be able to issue a Decision Notice without receipt of details that the 

Levy has been paid. Should you require clarification in regard to the amendments to 

the Building and Construction Industry (Portable Long Service Leave) Act 1991, you 

should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855 

INTEGRATED WATER MANAGEMENT 

4 The applicant is advised that when addressing the requirements of Council’s 

Integrated Water Management Code and Section 7 of Planning Scheme Policy No. 5 

- Operational Works, reference should also be made to Council’s Integrated Water 

Management Guidelines for further guidance on stormwater management outcomes 

EROSION & SEDIMENT CONTROL 

5 The permissible water quality limit for any water released from a sediment basin is 50 

milligrams litre (mg/L) of Total Suspended Solids (TSS) as a maximum concentration. 

This is the recognised ‘best practice limit’ (refer Qld DNR/EPA Stormwater Quality 

Control Guidelines for Local Government, 1998, BCC Best Practice Discharge 

Guidelines, and Soils and Construction, and NSW Landcom 2004). It has been 

demonstrated that the TSS limit of 50 mg/L can be consistently achieved provided 

that control measure design, operation and maintenance are adequate. 

The limit will not be applied to any basin release which the applicant can substantiate 

occurred as a consequence of a storm event of a magnitude beyond the sediment 

basin design operational capacity. 

The water quality design goal for any water flowing from any part of the site not 

served by a sediment basin, is a maximum of 50 milligrams litre (mg/L) of Total 

Suspended Solids (TSS). 

Where any release exceeds this goal, enforcement action will follow only where all 

reasonable and practical measures to prevent environmental harm have not been 

adopted 

Page 38


6 For operational cost-effectiveness and convenience, where the responsible person is 

satisfied that the turbidity/TSS measurement correlation has been obtained for the 

site, turbidity measurement could conveniently be used instead of TSS (for 

performance self-assessment only). Simple, inexpensive non-electronic turbidity 

measurement devices are available 

WATER QUALITY 

7 Discharges of water pollutants, wastewater or stormwater from the site must not 

cause measured levels of water pollutants in the receiving waters to fall outside the 

acceptable ranges specified in the ‘Australian Water Quality Guidelines for Fresh and 

Marine Waters’, Australian and New Zealand Environment and Conservation Council 

(ANZECC) 2000 

EQUITABLE ACCESS AND FACILITIES 

8 The plans for the proposed building work have NOT been assessed for compliance 

with the requirements of the Building Code of Australia – Part D3 as they relate to 

people with disabilities. Your attention is also directed to the fact that in addition to 

the requirements of the Building Code of Australia – Part D3 as they relate to people 

with disabilities, one or both of the following may impact on the proposed building 

work: 

(a) The Disability Discrimination Act 1992 (Commonwealth) 

(b) Anti-Discrimination Act 1991 (Queensland) 

Sunshine Coast Regional Council recommends that the following matters be 

considered to address equitable access and facilities in the building: 

(a) The building and environs should be designed to meet the requirements of the 

Human Rights and Equal Opportunity Commission “Advisory Notes on Access 

to Premises” and AS 1428.2 

(b) Applicants should be aware that a “Disability Standard on Access to premises” 

is currently being developed and most likely will impose changes on the 

Building Code of Australia 

(c) Any services and facilities in the building complex should allow independent, 

dignified and equitable use of the services and facilities for all people. 

ABORIGINAL CULTURAL HERITAGE ACT 2003 

9 There may be a requirement to establish a Cultural Heritage Management Plan 

and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003. 

The ACH Act establishes a cultural heritage duty of care which provides that: “A 

person who carries out an activity must take all reasonable and practicable measures 

to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to 

fail to comply with the duty of care. Substantial monetary penalties may apply to 

individuals or corporations breaching this duty of care. Injunctions may also be 

issued by the Land and Resources Tribunal, and the Minister administering the Act 

can also issue stop orders for an activity that is harming or is likely to harm Aboriginal 

cultural heritage or the cultural heritage value of Aboriginal cultural heritage. 

You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to 

discuss any obligations under the ACH Act. 


2008. 

Page 39


4.1.4 22 MURDERING CREEK ROAD WEYBA DOWNS - (DIVISION NO: 11) 

APPLICATION FOR MATERIAL CHANGE OF USE - MR CC COX 

File No: 

Author: 

Attachments: 

MCU06/0141 

Senior Planner, Development Assessment, 

(Central) Nicole Joyce 




Attachment 4 - Proposed Site Planning 

Attachment 5 - Catchment Boundaries 

Attachment 6 - 100 Year Flood 

Attachment 7 - Significant Vegetation 

Attachment 8 - Adjoining Significant Coastal 

Wetlands, Buffer Areas And Waterways 

Attachment 9 - Concurrence Agency (Office Of 

Urban Management) 

Attachment 10 - Concurrence Agency (Queensland 

Transport) 

Attachment 11 - Concurrence Agency (Department 

Of Main Road) 


That Council refuse Application No. MCU06/0141 for a Preliminary Approval Overriding The 

Planning Scheme under s3.1.6 of IPA for Material Change Of Use (Unspecified Commercial 

Use, Retirement Village and Residential Care Facility) in accordance with a Supplementary 

Table of Development Assessment on the grounds identified in Attachment 1, pursuant to the 

provisions of Section 3.5.5 (Impact Assessable) and Section 3.5.5A (Preliminary Approval 

Overriding the Planning Scheme) of the Integrated Planning Act 1997: 

1. The assessment manager was directed to refuse the application by the Department 

of Infrastructure and Planning (DIP) on the grounds that the application has not 

sufficiently justified: 

(a) The location of urban activities in the Regional Landscape and Rural 

Production Area, and 

(b) An overriding need for the development in the public interest 

2. The Assessment Manager agrees with the above grounds for refusal, and further 

provides the following additional grounds for refusal by Council: 

(a) The proposed development conflicts with a number of Desired Environmental 

Outcomes, including DEO No. 1 (Environmental Management). The proposal 

is not of a scale or intensity that accords with the desired rural characteristics 

of the precinct, surrounding natural environment or small rural residential area 

to the north. 

(b) The proposal conflicts with the Urban Strategy within the Strategic Plan, 

particularly with the underlying principal to the strategy espoused at Section 

3.3.6, and Objective 3.5.1 (Consolidation of Urban Areas). 

(c) The proposal is inconsistent with the Planning Area and Precinct Intent for the 

Northern Coastal Plains and Lake Weyba Catchment Area. 

Page 40


(d) 

(e) 

The proposal has not demonstrated achievement of the outcomes of a 

number of applicable Codes, including the Code for Retirement Villages and 

Residential Care Facilities. In particular the proposal is outside the urban 

footprint, inconsistent with the local character and not in accordance with the 

infrastructure capacity for the locality. 

The application has not demonstrated grounds for approval in the public 

interest considered sufficient to provide justification to override the identified 

major conflicts with the planning scheme. 


2008. 

Page 41


4.1.5 PRESCRIBED TIDAL WORK – TRANSPORT TYPE 6 – PUBLIC PONTOON & 

WALKWAY AT SERENITY CLOSE (1), NOOSA HEADS 

File No: 2008/252 

Author: 

Planning Officer, Land Use (North), Denis Wallace 

Attachments: 

Attachment 1 – Locality Maps 

Attachment 2 – Aerial View 

Attachment 3 – Proposal Plans 



(a) approve with conditions Application No. 08/0252 for Operational Works for Prescribed 

Tidal Works for a public pontoon and walkway located within unallocated State land 

below high water mark adjacent to 1 Serenity Close, Noosa Heads, described as Lot 

603 on SP 188270; and 

(b) delegate authority to the Chief Executive Officer to determine all future requests for 


Conditions and Extension of Relevant Period in relation to Application No. 08/0252 


1. Development undertaken in accordance with this approval must generally comply 

with the approved plans of development. The approved plans are numbered JSP-CP- 

491 Issue F and JSP-CP-492 Issue H prepared by The Jetty Specialist and dated 23 

May 2008 and as may be amended by these conditions. 

2. Handrails shall be fitted to the access walkway as indicated on the approved drawing. 

3. Access restrictions, including a self-closing gate, shall be provided to ensure that 

small children cannot access the walkway and pontoon unattended. 

4. The Pontoon and walkway shall be wheelchair accessible to enable people with 

disabilities to use the structure to board a vessel. 

5. The height of the piles shall be limited to 3.3metres AHD. 

6. The finishes shall be generally muted colours with matt or non-reflective surfaces 

where possible and shall include black pile sleeves, black pontoon flotation cells grey 

carpeted walkway and pontoon decks. 

7. There shall be no electrical reticulation system carrying electricity in excess of 24 

volts connected to the structure. 

8. Lighting associated with the use shall be designed, installed, operated, and 

maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects 

of Outdoor Lighting. 

9. The existing access pathway shall be extended to connect with the structure’s 

2300mm x 4500mm fixed jetty entrance platform. Where necessary, the width of the 

pathway shall taper to provide a smooth transition to the 2300mm width of the 

entrance platform. 

10. Any construction and post construction activity is not to impact on the condition of the 

waterway, and is to be conducted so as not to breach the Environmental Protection 

Act (EPA) 1994 and the Environmental Protection (Water) Policy 1997. 

Page 42


11. Certification by a Registered Professional Engineer of Queensland shall be submitted 

to Council at the completion of the works and prior to the return of any bond monies 

held by Council. The certification shall state that the works have been constructed in 

accordance with best practice methods, are in accordance with the Coastal 

Protection and Management Act 1995, are structurally sound and will have no 

detrimental effect on the existing waterway, river banks, river bed or vegetation. 

12. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 

must be submitted, to secure performance of all conditions of this approval, prior to 

the commencement of the 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. 

13. The requirements of this development approval are to be effected, prior to the use of 

the structure. Council reserves the right to call upon the bond or guaranteed sum 

referred to in this approval to effect compliance with conditions. 

14. The developer shall maintain the structure in a structurally sound condition to meet 

the requirements of Workplace Health and Safety Legislation applicable to its use as 

a public jetty for a period of three (3) years from completion and following acceptance 

of the completed works by Council’s Inspector. 

15. The works shall transfer to Council ownership upon completion to the satisfaction of 

Council. A final inspection and approval of the structure by Council’s Inspector is 

required prior to acceptance of the structure and prior to the return of any bond 

monies held by Council. 

16. The Development Permit for Operational Works of use of premises lapses if the use 

has not happened by 2 October 2010, unless an application to extend the currency is 

approved by Council. 

CONCURRENCE AGENCY CONDITIONS 

Qld Transport (Maritime safety) 

17. Refer to Qld Transport (Maritime Safety) conditions in letter dated 14 May 

2008. 

Environmental Protection Agency 

18. Refer to Environmental Protection Agency conditions in their letter dated 

21 May 2008. 

Department of Primary Industries and Fisheries 

19. Refer to Department of Primary Industries & Fisheries conditions in their 

letter dated 16 June 2008. 

ADVICE CONDITIONS 

1. Should any changes or modifications to the approved plans be required as a result of 

construction constraints, a Change to an Existing Approval Application under the 

Integrated Planning Act must be made. Amended plans clearly indicating the changes 

must be lodged with this application along with the appropriate fees. 

2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 

and Local Law No. 12, prevents a builder or building contractor carrying out building 

work on a building site in a way that makes or causes audible noise to be made from 

the building work:- 

Page 43


2.1. On a Sunday or public holiday, at any time; or 

2.2. On a Saturday or a business day, before 7.00am or after 6.30pm. 

A maximum penalty of $1,500 applies to an offence under this legislation. 

3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 

Act if the cost of operational works exceeds $80,000, then a portable long service leave 

levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is 

required to sight the approved form issued by the Building and Construction Industry 

(Portable Long Service Leave) Authority that confirms that the requirements of the Act 

have been satisfied. A statutory declaration outlining the cost of the operational works 

must be submitted to Council prior to commencement of work. 


2008. 

Page 44


4.1.6 DECISION NOTICES ISSUED UNDER DELEGATED AUTHORITY - 24 

SEPTEMBER 2008 PURSUANT TO THE NOOSA PLAN 2008, MAROOCHY PLAN 

2000 AND CALOUNDRA CITY PLAN 2004 

File No: 1-9111 

Author: 

Manager, Land Use (North) Kerri Coyle 

Manager, Development Assessment (Central) Michael Bismire 

Interim Co-ordinating Manager, Development Assessment 

(South) Paul Lucy 

Attachments: 

Attachment 1 - North 

Attachment 2 - Central 

Attachment 3 - South 


That Council note the decisions on applications contained in relation to the Noosa Plan 2008, 

Maroochy Plan 2000 and Caloundra City Plan 2004. 


2008. 

Page 45


4.1.7 POLICY – DEVELOPMENT ASSESSMENT ROLES AND RESPONSIBILITIES OF 

COUNCILLORS AND STAFF 

File No: 

Author: 

Attachments: 

Policy Register 

Regional Manager Strategy and Policy, Kim Driver 

Attachment 1 - Policy Statement - Development Assessment 

Roles and Responsibilities of Councillors and Staff 

Attachment 2 - Policy Statement Explanatory Notes - 

Development Assessment Roles and Responsibilities of 

Councillors and Staff 


That Council adopt the Policy Statement - Development Assessment Roles and 

Responsibilities of Councillors and Staff. 

That the item be deferred until the next meeting of the Strategy and Planning Committee to 

allow for matters of discussion to be considered. 


2008. 

Page 46


4.1.8 BUNDILLA BENEFITED AREA RATE - DIVISION 4 

File No: 

Author: 

Filenet 

Director, Central, Regional Strategy and Planning, 

Julie Edwards; and 

Regional Manager, Treasury (Central) Michael Costello 



(a) request the Chief Executive Officer to present a report on a possible Benefited Area 

Rate for the Bundilla estate as part of the 2009/2010 Budget Papers; 

(b) request the Chief Executive Officer to ensure that individual properties carry an 

appropriately worded Property Notation advising of a proposed, or adopted, Benefited 

Area Rate; and 

(c) note the report and request the Chief Executive Officer prepare a review of existing or 

potential Benefited Area Levies and/or other funding mechanism proposals for 

strategic consideration by Council including possible policy formulation in the area of 

asset management and renewal. 


2008. 

Page 47


4.1.9 MATERIAL CHANGE OF USE & RECONFIGURING A LOT (27 DETACHED 

HOUSING LOTS) UNDER THE SUPERSEDED PLANNING SCHEME AT NOOSA 

SPRINGS DRIVE, NOOSA HEADS 

File No: 2007/2399 

Author: 

Planning Officer, Land Use (North), Denis Wallace 

Attachments: 

Attachment 1 – Locality Maps 

Attachment 2 – Aerial View 

Attachment 3 – Proposal Plans 

Attachment 4 – Coastal Wastewater Treatment Plant Buffer & 

Proposed Precinct J 

OFFICER RECOMMENDATION: 


(a) approve with conditions Application No. 07/2399 (StarCo Developments Pty Ltd) for 

Reconfiguring a Lot (27 Allotments) and a Material Change of Use for Dwelling 

Houses (27) at Leslie Drive, Noosa Heads described as Lot 3 on SP 178323; 

(b) find that the following grounds are sufficient to support the proposal despite the 

conflict with the Superseded Planning Scheme: 

1. The scale of the development will not exceed that anticipated by the approved 

Plan of Development for the site; 

2. The Plan of Development provides for residential development to extend beyond 

the boundaries of the identified residential precincts; 

3. The proposal will not unduly compromise the existing golf or recreational facilities 

within Noosa Springs estate or the Noosa Heads locality; 

4. The proposed development is compatible with the general amenity and character 

of Noosa Springs; and 

(c) delegate authority to the Chief Executive Officer to determine all future requests for 


Conditions and Extension of Relevant Period in relation to 07/2399. 


Land Use 

Approved Plans 

1. Development undertaken in accordance with this approval must generally comply with 

the approved plans of development. The approved plans are numbered M1806-10 and 

M1806-11A prepared by Jones Flint & Pike Pty Ltd and dated 7 November 2007 and as 

may be amended by these conditions. 

General 

2. The development must be undertaken and operated in a manner that causes no 

detrimental effect upon the amenity of the neighbourhood by reason of the creation of 

excessive noise, lighting nuisance or other emissions. 

Page 48


3. The Detached Houses shall comply with the Detached House Code contained in The 

Noosa Plan, with the exception of the requirement for eaves overhangs (roof form). 

4. The proposed development shall have all kitchen, laundry and bathroom fittings that 

comply with the AAA Water Conservation Rating System as defined by the AS/NZS 

6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 

(National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the 

AAAA Water Conservation Rating System, or current equivalent standards as may 

apply. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per 

min. Dishwashers and washing machines are excluded from this requirement. 

Landscaping & Existing Vegetation 

5. The open space and setback areas are to be landscaped in accordance with Council’s 

Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by 

a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be 

completed prior to the premises being occupied and maintained at all times thereafter 

and shall include: 

• Street trees and landscaping treatment within the common property and easement 

areas of the development. 

• Screening vegetation along the line of play of the golf course to protect the 

allotments and detached houses from stray golf balls. The vegetation shall consist 

of native endemic trees and shrubs at densities sufficient to provide a physical 

screen; and 

• Koala and glossy back cockatoo feed trees shall be incorporated into the plantings; 

The landscaping is to be completed in accordance with the approved landscaping plan 

prior to endorsement of the Plan of Survey for Stage 2. 

6. Existing trees on the site and within road reserves are to be retained, except where 

required to be removed due to building operations or the conduct of the approved use. 

These landscape plans required to be submitted are to denote areas of existing 

vegetation or existing trees proposed or required to be retained. 

7. All other vegetation shall be protected from interference resulting from clearing or 

construction activities by: 

• Clearly marking vegetation to be retained with flagging tape; 

• Installing protective fencing around the drip line of the vegetation; 

• Stockpiling, storage and vehicle parking occurs in already cleared areas that does 

not cause interference with vegetation; and 

• Low impact construction techniques are used around vegetation to minimise 

interference with the vegetation. 

8. A fauna spotter shall be employed to oversee the removal of any native trees within the 

site. 

9. Cleared vegetation is to be suitably processed by one of the following methods and 

removed from the site:- 

• Processing through a woodchipper or shredder. The resulting mulch is to be 

stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres high 

with a minimum of 10 metres between edges of heaps. 

• Disposal for firewood. 

• Disposal for landscaping purposes. 

Page 49


• Transport to alternative site for breaking down materials provided that all necessary 

permits have been obtained to allow the alternate site to be used for this purpose. 

• The disposal method for clearing vegetation is to be submitted in conjunction with 

an application for a Development Permit for Operational Work. The Applicant is 

advised that other methods may be considered provided full details of the method 

are submitted. 

• The Applicant is advised that burning off is an unacceptable method of disposal. 

Compliance Bond 

10. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 

must be submitted, to secure performance of all conditions of this approval, prior to the 

issue of a Development Permit for operational works. The cash bond or trading bank 

guarantee will be returned on performance of the conditions of approval less any costs 

incurred by Council in respect of enforcing performance of this permit. 

11. The requirements of this development approval are to be effected, prior to the use of 

the premises. Council reserves the right to call upon the bond or guaranteed sum 

referred to in this approval to effect compliance with conditions. 

Currency Period 

12. The Development Permit for a material change of use of premises lapses if the use has 

not happened by 2 October 2012, unless an application to extend the currency is 

approved by Council. 

Land Development 

Staging 

13. The development may be undertaken in the following stages: 

• Stage 1 - Lots 8 & 9 as indicated on Proposal Plan M1806-10 dated 30 October 

2007; and 

• Stage 2 - Lots 1 to 27, Access Easement and Common Property as indicated on 

Proposal Plan M1806-11A dated 7 November 2007. 

Plan Endorsement 

14. In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal 

documentation shall be presented to Council and shall be submitted in the correct form 

with the fees prescribed in Council's adopted fee schedule. 

15. Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and 

charges due and payable to Noosa Council in respect of the lots being reconfigured 

shall be paid prior to endorsement of the Plan of Survey for each stage. 

16. Prior to Council endorsement of the Plan of Survey for each Stage, a duly executed 

copy of any required Grant of Easement shall be submitted to Council for perusal. 

Any changes required by Council’s Solicitor shall be attended to prior to endorsing the 

Plan of Survey. 

Any necessary Titles Office forms requiring the consent of Council is to be submitted 

prior to the endorsing of the Plan of Survey. 

17. Prior to the endorsement of the Plan of Survey for each Stage, the Applicant's Solicitor 

shall give Council's Solicitor an appropriate undertaking in writing that in conjunction 

with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the 

easement documents will also be lodged and any additional Titles Office forms or 

requisitions requiring the consent of Council being attended to forthwith. 

Page 50


18. A suitably qualified Registered Professional Engineer shall prepare engineering 

drawings and specifications for all engineering works, which shall be submitted in 

conjunction with an application for a Development Permit for Operational Works. 

19. Prior to Council endorsing the Plan of Survey for Stage 2, a certificate from a registered 

Professional Civil Engineer shall be submitted to Council for each Development Permit 

for Operational Works issued pursuant to this permit. The engineer shall certify that he 

has supervised those works and that they have been completed in a workman like 

manner in accordance with good engineering practice and in accordance with that 

permit. 

A Development Permit for Operational Works covering landscaping must be obtained 

prior to the commencement of any landscaping works. 

20. Any alteration of a public utility or other facility necessitated by the development of the 

land or associated construction works either internal or external to the site shall be at 

no cost to Council. 

Access Easement 

21. An access easement shall be created over all of the proposed private roads/driveways 

within the Precinct J. The proposed access easement in favour of Council for 

maintenance of the sewer system shall be over the common property area shown on 

Proposal Plan M1806-11A dated 7 November 2007. 

The easement shall be in favour of Council and shall ensure that Council has access 

over these roads to enable maintenance of the sewer network. In this regard, plans 

submitted for Operational Works approval shall accurately show the location of the 

easement. In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an 

appropriate undertaking in writing that the Title Deed and the easement documents will 

be lodged at the Land Titles Office and any additional Titles Office forms or requisitions 

requiring the consent of Council will be attended to promptly. 

A duly executed copy of the easement shall be submitted to Council for perusal prior to 

the use commencing. Any changes required by Council’s Solicitor must be corrected 

immediately. 

22. Access easements shall be created within the relevant sections of the proposed private 

roads/driveways (common property area) as shown on Proposal Plan M1806-11A 

dated 7 November 2007 to enable golf course users and staff to cross the private road 

to access the golf course and to access the machinery/maintenance sheds. 

The easements shall be in favour of the Golf Course owner and shall ensure that the 

Golf Course owner has access over the relevant sections of the proposed private 

roads/driveways (common property area). In this regard, plans submitted for 

Operational Works approval shall accurately show the location of the easement. In 

addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate 

undertaking in writing that the Title Deed and the easement documents will be lodged 

at the Land Titles Office and any additional Titles Office forms or requisitions requiring 

the consent of Council will be attended to promptly. 


the use commencing. Any changes required by Council’s Solicitor must be corrected 

immediately. 

Internal (Private) Roads 

23. Prior to endorsement of the Plan of Survey for Stage 2, a private road shall be 

constructed within the proposed common property area generally as shown on Plan 

M1806-11A dated 7 November 2007. The private road shall be designed and 

constructed: 

Page 51


• With a minimum width of 5.5 metres kerb to kerb and widened where necessary to 

permit access for Council’s Refuse/Recycling vehicles in accordance with Council’s 

Planning Scheme Policy 9 – Waste Management, 

• To include the provision of kerb and channel, asphaltic concrete pavement and 

formed footpath. It shall also meet Council’s pavement standard for a local road (2 

x 10 5 ESA’s). 

24. To ensure pedestrian safety between vehicles utilising the private road and pedestrians 

on the footpath, the private road and any associated fencing or vegetation near the 

private road shall comply with the minimum sight line requirements as defined in AS 

2890.1, section 3.2.4 and/or Austroads whichever is the greater. The applicant shall 

demonstrate compliance by illustrating these sight lines on the plans submitted for 

Operational Works approval. 

25. The applicant will construct a pedestrian refuge for users of the Links Drive pathway on 

the access road to the site within Council’s road reserve. 

External Roadworks 

26. The existing roundabout on Links Drive at the entrance to the site shall be modified by 

the applicant to accommodate Council’s largest refuse collection vehicle should the 

current design be insufficient to allow the right turn into the development. If required 

the applicant shall dedicate the necessary road reserve to accommodate the 

redesigned roundabout. All associated and ancillary work including pavement 

correction to the existing pavement, drainage works, modification of the footpath, and 

adjustments to the existing infrastructure shall be undertaken to complete the 

roadworks widening. 

Frontage Works 

27. If any necessary footpath improvements such as topsoiling, grassing, and tree planting 

are required to the Links Drive frontage of the site as a result of roadworks and to 

achieve required sightlines, those works shall be in accordance with Planning Scheme 

Policy PSP03 Landscaping Plants & Guidelines. 

28. A new 1.5 m wide concrete path shall be constructed along one side all of the private 

roads on the site in accordance with Council’s design standards and shall connect to 

the existing pathway on Links Drive. 

29. Pram ramps shall be installed on the Links Drive pathway at the location of the 

pedestrian refuge that is to be constructed on the leg of the roundabout servicing the 

proposed development. 

30. All paths, pram ramps, driveways and parking areas shall be designed and constructed 

to ensure pedestrian safety using non-slip materials, to produce an evenly graded 

surface finish, and to be in accordance with the Disability Discrimination Act 1992 and 

Australian Standard 1428.1 Design for Access & Mobility. 

31. All redundant vehicular crossings to the site shall be removed and replaced by kerb & 

channel, footpath paving and landscaping such as trees and grasses in accordance 

with Council’s Standard specifications prior to commencement of the use permitted by 

this permit. 

Car Parking 

32. Carparking shall be provided within the site as shown on Plan M1806-11A dated 7 

November 2007 as submitted by Jones Flint & Pike except as modified herein for at 

least 14 spaces. The carparking area shall be designed to comply with the provisions of 

AS 2890.1-2004 for user class 1. The minimum head clearance (headroom) at any 

point shall be 2.3m. 

Page 52


33. The carparking area shall be drained and the sealed pavement constructed to access 

road standards. Plans and specifications for these works shall be submitted in 

conjunction with an application for a Development Permit for Operational Works. 

34. All carparking shall be kept maintained and line-marked in a condition fit for use to the 

reasonable satisfaction of Council. 

Power 

35. An underground electricity service shall be provided to each lot. 

In this regard, an approved ENERGEX Electrical Design Consultant shall work in 

conjunction with Council’s Manager - Works Support to prepare detailed designs of the 

electrical proposal. 

The detailed designs shall then be submitted to ENERGEX for approval and a copy of 

their approval submitted to Council in conjunction with a “Certificate of Electricity 

Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical 

Design Consultant) prior to Council endorsing the Plan of Survey. 

Any agreement with ENERGEX or an approved ENERGEX Electrical Design 

Consultant shall be wholly at the applicant’s expense and shall not entail a financial 

encumbrance on future purchasers of the proposed lots. 

36. Street lighting and pathway lighting throughout the subdivision shall have a high energy 

efficient rating to the reasonable satisfaction of Council and shall generally be provided 

in accordance with the principles of Council’s Engineering Design Standards. 

Telecommunication 

37. The requirements for TELECOMMUNICATION services shall be satisfied in relation to 

the provision of new underground telephone services to the proposed lots. In this 

regard written confirmation from an approved telecommunication agency shall be 

submitted to the Council prior to Council endorsing the Plan of Survey. 

Roof Water 

38. Roof runoff from any new dwelling/building shall be directed to a rainwater storage 

system or tank that is installed to ensure water from the rainwater storage system or 

tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, 

water features, topping-up swimming pools, outdoor cleaning, etc) and for internal 

(ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks 

are to be designed and installed in accordance with the Queensland Development 

Code (QDC) current at the time of building approval, and shall be part of the plumbing 

application for approval. The location and capacity of the tanks shall be clearly shown 

on the plans submitted for Building Works approval and any overflow shall be directed 

to the stormwater drainage system. 

Stormwater Management 

39. A Stormwater Management Plan (SMP) for the construction and operational phase of 

the development shall be submitted in conjunction with any application for a 

Development Permit for Operational Works that demonstrates that the proposed 

stormwater treatment train can meet the water quality objectives for the Noosa Springs 

development and that the lakes have the capacity to treat the runoff from this additional 

development. Experts in the relevant field shall prepare the SMP. 

40. The authors of an SMP shall be responsible to oversee that the SMP is carried out and 

to take appropriate action in the event of any breach of the SMP likely to cause 

environmental harm. 

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41. All stormwater drainage shall be designed in accordance with the provisions of the 

Australian Rainfall and Runoff (A.R.R.), and Noosa Council Standards. Pipe and 

channel drainage systems shall be designed to cater for Five (5) year Average 

Recurrence Interval design storm (ARI.). In all cases the major event surface flow 

paths shall be designed to cater for the one hundred (100) year ARI. 

42. As the site is proposed to be filled, appropriate stormwater drainage pipes shall be 

installed within the site to collect and discharge stormwater runoff from all adjoining 

properties to prevent additional ponding/flooding on these properties. 

43. To ensure that polluted run-off does not enter Council’s stormwater drainage system, 

stormwater run-off from the carparking areas and the private roads/driveways shall 

have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil 

arrestor/gross pollutant trap provided on site prior to being permitted to discharge into 

the lakes. 

All other clean stormwater, such as roof water, can be collected on site and discharged 

through a single underground drain line directly onto the golf course, bypassing the 

grease/oil arrestor/gross pollutant trap. 

To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil 

arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior 

to obtaining a Development Permit for Operational Works. 

The approved maintenance plan shall be incorporated in the Community Management 

Scheme for the development and a copy of this shall be provided for Council’s records 

prior to commencement of the approved Use. 

A Development Permit for Building Works shall not be granted until a Development 

Permit for Operational Works has been issued in regard to the drainage scheme. 

44. All site stormwater drainage shall be by means of a gravity system. 

45. All stormwater drainage lines including inter-allotment drainage shall be inspected by 

closed circuit television (CCTV) prior to commencement of the approved Use. 

CCTV inspection will be carried out by Council's CCTV contractor and arranged by 

Council following satisfactory completion of construction works. The developer will be 

responsible for the full cost of CCTV inspection, including any additional inspection 

necessary following defect identification and rectification. This charge is payable prior 

to the issue of Operational Works approval and will be determined on the unit rate basis 

current at the time of approval. 

Sewer Mains 

46. Prior to endorsement of the Plan of Survey for Stage 1, the new parcel shall be 

connected to Council’s existing sewerage reticulation systems and be constructed in 

accordance with Council’s standards and requirements at no cost to Council. This work 

may be covered by an uncompleted works bond at 150% of the value of the connection 

that can be in place for a duration agreed to by the Manager Land Development. 

47. Prior to endorsement of the Plan of Survey for Stage 2, the existing sewer main, rising 

main and effluent main that traverse the site shall be relocated generally in accordance 

with Tate Professional Engineers drawing No. C1732/07/J/P04 dated 19/11/07. 

48. Prior to endorsement of the Plan of Survey for Stage 2, if required the applicant shall 

upgrade any existing sewer services (including pumps or pump station) at no cost to 


Page 54


49. To ensure Council’s sewer main is accessible for maintenance purposes and is 

protected from risk of damage no structures requiring a building permit (eg. buildings, 

swimming pools, retaining walls exceeding 1m in height, raised terraces, etc) shall be 

constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer 

main, whichever is the greater. As such the applicant shall amend Operational Works 

plans including Building plans to ensure compliance. 

50. Design for a sewerage system to connect all new lots within the site to Council's 

existing sewerage reticulation system shall be to the standards and requirements set 

out in Council’s Engineering Design Standards. If the design requires the construction 

of a pump station and a rising main, the connection point to Council's existing system 

will be nominated by the Manager - Land Development. 

51. All connections to sewer system shall be carried out either by Council or by a Council 

approved Contractor and at no cost to Council. 

Town Water Supply 

52. The site shall be connected to Council’s existing town water supply and be constructed 

in accordance with Council’s standards and requirements at no cost to Council. 

53. Prior to endorsement of the Plan of Survey for Stage 1, the newly created parcel shall 

have a single water connection to the water reticulation system, which shall extend to 

the property boundary and be metered. This work may be covered by an uncompleted 

works bond at 150% of the value of the connection that can be in place for a duration 

agreed to by the Manager Land Development. 

54. Prior to endorsement of the Plan of Survey for Stage 2. the development shall be 

served by: 

• A single Body Corporate water meter to measure the total water consumption 

(including fire hose reels, but excluding fire hydrants and fire sprinkler systems), 

and 

• Individual water meters to each tenement capable of being separately rated, and 

• A fire service (fully testable single detector check with metered bypass), where 

applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose 

reels). 

55. All fees for the supply of water meters shall be paid to the Council. 

56. All water meters must be located outside the property boundary and in an easily 

assessable location to facilitate unhindered reading by Council and/or Council’s 

contracted water meter readers, and not behind fences or locked gates. In this regard 

approval of the water meter configuration and location must be obtained from Council’s 

Water & Sewerage Capital Works Manager prior to lodgement and approval of 

hydraulic drawings. 

57. Fire hydrants are to be provided throughout the development in accordance with 

Council Engineering Design Standards and in accordance with Queensland Fire 

Service Standards. 

58. Any connection to a water main shall be undertaken by Council. 

Page 55


Service Easements (Sewer / Stormwater) 

59. A registered easement shall be created over the zone of influence of all sewers within 

the subject site and over those parts of the subject site that are impacted upon by 

sewers on any adjoining sites. The easements shall generally be parallel to and 

centred over the sewer main and be equivalent in width to twice the depth to invert level 

of the sewer at the deepest point within the allotment (measured from the finished 

surface) and be no less than 3.0m wide overall. In this regard a licensed surveyor shall 

accurately locate all sewer mains and determine the necessary width of the easement, 

which shall be shown on any plans submitted for Operational Works / Building Works 

approval. To this extent the surveyor shall certify that the sewer and the zone of 

influence is wholly contained within the easement to be created. 

In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate 

undertaking in writing that the Title Deed and the easement documents will be lodged 

at the Land Titles Office and any additional Titles Office forms or requisitions requiring 

the consent of Council will be attended to promptly. 


the use commencing. 

Any changes required by Council’s Solicitor must be corrected immediately. 

60. A registered easement shall be created over any stormwater drainage discharge points 

from the proposed Stages 1 or 2 to enable that Stage to discharge stormwater onto the 

golf course parcel. Easements shall also be created if required to allow Council’s road 

reserve and the golf course to discharge onto Stage 1 or 2. 

61. Registered easements are to be provided on the Plan of Survey over all sewerage 

mains within private property. Easements are to be equivalent in width to twice the 

depth to invert level of the sewer at the deepest point within the allotment. Easements 

are to be provided parallel to and centred over the sewer line, with a minimum width of 

3.0 metres. 

62. No building or other structure shall be constructed or encroach over an easement. 

63. Any building or structure within proximity of an easement or any other public utility’s 

underground must have its foundations designed so that no surcharge loads are 

imposed upon such underground infrastructure. Foundations must be taken down a 

minimum of 1.0m below a line of influence measured 1.0m in the direction of the 

foundation from the centreline of the closest underground service and along the natural 

angle of repose of the foundation soil type(s). 

Plans, and supportive documents, detailing these proposed foundations shall be 

designed by a registered practicing Geotechnical Engineer and submitted with the 

application for a Development Permit for Operational Works. 

Earthworks 

64. A registered practicing Geotechnical Engineer shall test the existing ground conditions 

for suitability of placing additional fill, prior to such fill being placed. 

Filling works shall be restricted to the subject site itself, and the finished fill levels are to 

taper to the existing levels prior to the rear boundary of the property. Batters shall be at 

a maximum grade of 1:4 unless retained by a wall. 

Any existing fill or natural materials on the site or with the extent of approved works 

external to the site which do not satisfy the Manager - Land Development's or a 

Geotechnical Engineer's requirements shall be removed and replaced with suitable 

material. 

Page 56


65. Following completion of the filling works and prior to endorsement of the Plan of Survey 

for Stage 2, the registered practicing Geotechnical Engineer supervising the works shall 

submit compaction tests across the entire filled areas and a site classification report for 

each lot subject to filling. The extent of fill and each lot site classification shall be shown 

on a metes and bounds survey plan. 

An appropriate property notation shall be placed on Council's rates records to advise 

prospective purchasers of lots that have been filled that special foundations 

requirements will apply. 

Acid Sulfate Soils 

66. As the site is located below the 5m AHD, any excavation works consisting of 100m 3 or 

greater and/or any filling works consisting of 500m 3 or greater and with an average 

depth of 0.5m or greater will need to be carried out in accordance with State Planning 

Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this 

regard appropriate testing and supporting documentation prepared by a suitably 

qualified specialist shall be submitted to Council for approval prior to obtaining a 

Development Permit for Operational Works. 

67. As the subject site is likely to contain Acid Sulfate Soils, Council wishes to make the 

applicant aware of their obligations in terms of good environmental practice, which 

requires that Acid Sulfate Soils:- 

• should not be removed from the site, 

• should not be disturbed, if possible, and 

• should be treated and neutralized on site where required. 

In the event that Acid Sulfate Soils are removed from site and forwarded for disposal at 

one of Council’s landfill sites, Council may:- 

• refuse to accept such soil, or 

• treat and neutralize the soil and charge such costs for soil testing and remediation 

to the applicant and or developer of the site. 

Site Stability 

68. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on 

site, determine the soil classification, establish whether any measures are required to 

protect the stability of adjoining buildings and/or structures and/or land, and make 

recommendations on the type of foundation system(s) best suited for the proposed 

development. The recommendations of this report shall be incorporated into the design 

and construction of the proposed development. 

Erosion and Sediment Control 

69. Any person acting on this permit shall prevent erosion and sediment export from 

leaving the site. Site control measures such as silt fencing, controlled gravel access to 

the site and controlled disposal of waste, will be necessary. 

In this regard plans detailing the methods of controlling erosion and sediment are 

required to be submitted to the Council for approval prior to obtaining a Development 

Permit for Operational Works. 

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Vegetation Protection & Preservation 

70. All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest 

and Stock Route Management) Act 2002 are to be controlled on the site prior to 

Council endorsement of the plan of survey. In this context “controlled” shall mean, for 

class 1 and 2 pests, completely eradicated. For class 3 pests it shall mean removal of 

the plants where they threaten environmentally significant areas of the site such as 

riparian zones and areas of natural vegetation. Where class 3 plants are removed as a 

result of this condition and there is not sufficient natural regeneration of native species, 

the areas shall be replanted with endemic native species so that a sustainable natural 

ecosystem is restored. 

Council’s Conservation Management Supervisor will not inspect the site until 30 days 

after the weed treatment and replanting is complete 

71. Vehicular pavements within the drip zone of any of the existing trees on site to be 

retained shall be designed as a pervious pavement (such as grass paving cells or 

similar), as this will allow water that falls on this surface to penetrate to the trees root 

system. The pavement shall be constructed so as not to damage the tree or their root 

system and in this regard temporary fencing shall be provided around the trees during 

construction to help protect them. 

Plans shall be submitted to the Council for approval that clearly show the type and 

extent of the pervious pavement and the temporary fencing prior to obtaining a 

Development Permit for Operational Works. 

72. Where retained tress are located in areas proposed to filled on site (or are located on 

neighbouring allotments to the actual site to be filled), there will be a need to prevent fill 

material from being placed on the trees root system. To this end the design of the 

filling works will need to incorporate terracing around the tree or a similar means of 

ensuring that the natural ground level around the trees remains generally the same as 

existing. These measures shall clearly be shown on the plans submitted for 

Operational Works approval and any drainage required to drain these areas shall also 

be shown on the plans. 

Contributions Towards Council Infrastructure 

73. Monetary contributions shall be paid to Noosa Council towards the cost of providing 

and/or upgrading various infrastructure at the rates applicable at the time of payment. 

An estimate only of the contribution amounts under the current Council policies and 

requirements is outlined in the table below: 

Contribution Required For: 

Amount: 

Stage 1 Stage 2 TOTAL 

PSP12 – Public Open Space Contributions (Park) $ 3,126 $ 81,286 $ 84,412 

PSP16 – Sewerage Headworks Contributions $1,318 $34,270 $35,588 

PSP17 – Water Supply Headworks Contributions $4,892 $127,204 $132,096 

PSP20 – Pathway Trunk Network Contributions $703 $18,271 $18,974 

TOTAL Contribution Amount = $ 10,039 $261,031 $ 271,070 

Please note, that these amounts are all subject to variations in the Consumer Price 

Index, All Groups Brisbane from JUNE 2008 until the date of payment. 

All contributions must be paid prior to Council endorsement of the plan of survey. 

Page 58


General 

74. A suitably qualified Registered Professional Engineer Queensland shall prepare 

engineering drawings and specifications for all engineering works, which shall be 

submitted in conjunction with an application for a Development Permit for Operational 

Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed 

cadastre layout is to be submitted in conjunction with any application for Operational 

Works. 

75. Digital detailed designs including drawings, calculations, specifications and a schedule 

of works, shall be submitted with any application for a Development Permit for 

Operational Works in respect of roadworks and stormwater drainage works. The design 

shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering 

Design Standards – Roads, Drainage and Earthworks. To avoid conflict with 

underground pipes or services, all existing and proposed services required by the 

development shall be shown on the plans. 

76. To facilitate production of As Constructed drawings it is suggested that all design 

drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. 

(Guidelines on the use of ADAC are available at www.adac.com.au). 

77. Any damage caused to any public utility during the course of construction shall be 

repaired to Council’s standards and at no cost to Council. 

78. Any alteration of any public utility or other facilities necessitated by the development of 

the land or associated construction works external to the site shall be at no cost to 


79. The transportation of all materials to and from the site shall be undertaken in a manner 

such that no particle matter escapes onto a public road. All vehicles carrying materials 

either to or from the site shall be covered to prevent materials including dust being 

windblown from the vehicle. 

80. As Constructed drawings and data shall be certified by a qualified experienced Civil 

Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the 

location, level and type of all services and structures. All of which shall be submitted to 

Council for checking and for Council’s records. 

The data must fully detail levels for all engineering works including but not limited to 

drainage structures, finished ground levels and pavement surface levels. The data 

shall be submitted in the Asset Design and As Constructed (ADAC) digital format. 

(Guidelines on the use of ADAC are available at www.adac.com.au). 

Approval of works shall not be granted until all As Constructed information has been 

supplied and accepted by Council. 

81. The proposed names of new roads (public and private) and parks shall be lodged with 

the application for a Development Permit for Operational Works. 

Names are to be selected from any of the following categories:- 

• Easily pronounced words of Murri languages. 

• Names or words of local significance or historical interest. 

• Flora, fauna, industry, topographical, geological and similar features and terms 

relative to the district. 

• Surnames of persons of merit or historical significance. (Personal names should be 

avoided.) 

Approval will not be given to a name that is the same or similar to the name of another 

road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that 

are not easily pronounced, or may cause confusion to emergency services are to be 

avoided. 

Page 59


All street signs on new roads (public and private) and parks shall be erected prior to 

works being accepted on maintenance. For private roads and parks, Council will 

provide the nameplate and signpost to the Applicant upon payment of $250 per sign. 

Environmental Health 

82. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy 

No.9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, 

Must be submitted for the day-to-day operation of the development and approved by 

Council’s Environmental Health prior to the issue of a Development Permit for 

Operational Works. 

The plan shall include the following information:- 

• Refuse bin collection locations for general and recyclable waste; 

• Road measurements; and 

• Turning circles for refuse collection bins demonstrating suitable manoeuvring areas 

within the internal road network; 

CONCURRENCE AGENCY CONDITIONS 

Environmental Protection Agency 

83. Refer to Environmental Protection Agency conditions in their letter dated 13 February 

2008. 

FURTHER PERMITS REQUIRED 

Further Permits Required 

84. Prior to the issue of a Development Permit for Building Works, the following 

Development Permits must be obtained:- 

• Development Permit for Operational Works for: 

A. Access and/or Carparking. 

B. Site Civil Works. 

C. Roadworks. 

D. Stormwater Drainage. 

E. Frontage Works. 

F. Sewer reticulation (including new mains, relocations, diversions, pump 

stations and rising mains). 

G. Water reticulation. 

H. Earthworks. 

I. Landscaping. 

J. Erosion & Sediment Control. 

ADVICE CONDITIONS 

1. The applicant is informed that the site is identified as a Koala Living Area under the 

Nature Conservation (Koala) Conservation Plan 2006 and Management Program 

2006-2016 and may contain koalas. The use of a Koala Spotter is encouraged in 

areas where koalas are likely to occur, prior to the removal of Angophora, Corymbia, 

Eucalyptus, Lophostemon and Melaleuca species. Further information can be obtain 

from the Environmental Protection Agency at or Ph. (07) 

32278185. 

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2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 

1999 and Local Law No. 12, prevents a builder or building contractor carrying out 

building work on a building site in a way that makes or causes audible noise to be 

made from the building work:- 

• On a Sunday or public holiday, at any time; or 

• On a Saturday or a business day, before 7.00am or after 6.30pm. 

A maximum penalty of $1,500 applies to an offence under this legislation. 

• The applicant is advised that development contributions and infrastructure 

charges applicable to this development approval have been based on the 

following Uses Class/ Uses and applicable quantities:- 

STAGE 

Existing Use 

Class / Use 

Existing Development 

Existing Quantity 

Approved Use 

Class / Use 

Approved Development 

Approved Quantity 

1 

Open Space 

Recreation 

1 x Lot 

Open Space 

Recreation 

+ 

Multiple Housing - 

Type 4 – 

Conventional 

1 x Lot 

+ 

1 x Detached house lot 

within a group title 

subdivision 

2 


Type 4 – 

Conventional 



subdivision 


Type 4 – 

Conventional 



subdivision 

• The applicant is informed that approval of this development application will trigger 

an Infrastructure Charge in accordance with the Coastal Major Road Network 

Infrastructure Charges Plan for the estimated amount of Stage 1 = $2,905 and 

Stage 2 = $75,522 (TOTAL = $78,427) and is subject to variations in the 

Consumer Price Index, All Groups Brisbane from JUNE 2008 until the date of 

payment. An Infrastructure Charge Notice will be issued in accordance with 

Chapter 5 of the Integrated Planning Act 1997. 

• The applicant is informed that payment via credit card transaction will not be an 

acceptable method of payment for development contributions conditioned in this 

permit or for infrastructure charge notices issued separately. 

• The following property note (or similar) will be placed on Council’s rates records 

for the new allotments: 

"This property is close to Noosa Coastal Wastewater Treatment Plant. Whilst 

computer odour modelling has determined that the development complies with the 

Queensland Odour Amenity Guideline, odour may be detected at some times." 

• Pursuant to the Building and Construction Industry (Portable Long Service Leave) 

1991 Act if the cost of operational works exceeds $80,000, then a portable long 

service leave levy is required to be paid. In accordance with Section 77.(1) of the 

Act, Council is required to sight the approved form issued by the Building and 

Construction Industry (Portable Long Service Leave) Authority that confirms that 

the requirements of the Act have been satisfied. A statutory declaration outlining 

the cost of the operational works must be submitted to Council with the lodgement 

of any application for operational works over the site. 

• The applicant is advised that a Compliance Permit for all plumbing and drainage 

works within the boundaries of the development site shall be obtained from 

Council’s Plumbing Services Section prior to obtaining a Development Permit for 

Building Works. 

Page 61


• The applicant is advised that this development may require the provision of fire 

hydrants and a booster pump in accordance with the Building Code of Australia, 

and consultation may also be needed with Queensland Fire Services to ensure 

suitable fire fighting infrastructure is provided. To this end any necessary fire 

hydrants shall be clearly shown on the plans submitted for both Operational 

Works and Building Works approval and if a booster pump is deemed necessary, 

the plans shall indicate where the fire truck is to be accommodated in order to 

provide boosting to the water supply. 

• For the purpose of these conditions, the following definitions apply: - 

A. A Plan of Survey means the plan for the reconfiguration of a lot required 

to be endorsed by Council pursuant to S3.7.1 of the Integrated Planning 

Act 1997. 

B. A Registered Professional Civil Engineer (RPEQ) means a civil 

engineer who is registered in Queensland pursuant to the Professional 

Engineers Act 1988. 

C. Carparking area means a parking area as defined in the Schedule to the 

Shire of Noosa Planning Scheme inclusive of manoeuvring areas and 

access from the roadway. 

D. The person acting on this permit means any person or company who 

undertakes development pursuant to this permit. 

E. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - 

AS 2890.1-2004. 

F. Principal Contractor means the person nominated by the Applicant and 

approved by the Manager - Land Development at a pre-start meeting as 

being responsible for the major component of works associated with a 

Development Permit for Operational Works of any works on the site. 

Councillor Green declared a material personal interest in relation to this item and 

withdrew from the meeting for the duration of debate on the matter. 

Item 4.1.9 referred to the General Committee Meeting to be held on Monday, 29 

September 2008 as not all Councillors supported the Officer Recommendation. 

Page 62


4.2 STRATEGIC ISSUES 

4.2.1 LAKE KAWANA - LAKE MANAGEMENT PLAN 

File No: 550-021-000 

Author: 

Team Leader (Major Development (South), Paul Gleeson 

Attachments: 

Attachment 1 – Locality Map 

Attachment 2 – Area subject to the Lake Management Plan 

Attachment 3 – draft Lake Management Plan for Lake Kawana 

Attachment 4 – Conditions of Kawana Waters Structure Plan 

Approval related to Lake Kawana (Birtinya) 

Attachment 5 – Copy of Submissions Received 



(a) approve the draft Land Management Plan for Lake Kawana, as included as 

Attachment 3, for submission to the Department of Natural Resources & Water in 

accordance with the requirements of the Land Act 1994 and the Kawana Waters 

Development Agreement 1996 subject to the inclusion of Attachment 4 (Conditions of 

Kawana Waters Structure Plan Approval related to Lake Kawana); 

(b) delegate to the Chief Executive Officer the authority to approve Appendices A–H of 

the draft Lake Management Plan for submission to the Department of Natural 

Resources & Water in accordance with the requirements of the Land Act 1994 and 

the Kawana Waters Development Agreement 1996; and 

(c) note that there will be a report presented to Council at its meeting in November 2008 

which will indicate both ongoing annual maintenance costs and end of life 

replacement costs of the infrastructure and provide Council with financial options to 

recover the maintenance and management costs for the infrastructure. 


2008. 

Page 63


4.2.2 DECLARATION OF BLACKALL RANGES AS AN ICONIC PLACE UNDER THE 

ICONIC QUEENSLAND PLACES LEGISLATION 

File No: 

Author: 

Attachments: 

Subject: Iconic Legislation 

Director North, Regional Strategy & Planning (North), Raul 

Weychardt 

Attachment 1 – Air Photo of Declared Iconic Area & Adjacent 

Escarpment Area 



(a) authorise the Chief Executive Officer to organise for a delegation of Council 

representatives to meet with the Deputy Premier and Minister for Infrastructure to: 

(i) inform him of a need to review the boundary of the Blackall Range iconic area 

under the Iconic Queensland Places Act 2008; 

(ii) 

to seek his support to allowing for changes to be considered to a declared 

area’s boundary; and 

(b) 

in the event that the boundary can be altered, commence public consultation on the 

limits of the proposed new boundary. 


2008. 

Page 64


4.2.3 LAND FOR COMMUNITY PURPOSES ON NOOSA NORTH SHORE 

File No: 

Author: 

Projects: Noosa North Shore Management Plan 

Senior Planning Officer Projects, Strategic Planning (North), 

Anne Warmbrunn 


That Council apply to the Department of Natural Resources to close part of the Noosa North 

Shore Esplanade as generally indicated in Figure 1 of this report and gazette the area 

subject to survey as a Reserve for Community Purpose - Sport and Recreation with Council 

as trustee. 


2008. 

Page 65


5 CONFIDENTIAL REPORTS 

5.1 CONFIDENTIAL DEVELOPMENT ASSESSMENT ISSUES 

5.1.1 CONFIDENTIAL - PLANNING AND ENVIRONMENT APPEAL NO. D188 OF 2008 - 

21 BOX STREET, BUDERIM - HORST AND HERTA RECHLIN 

File No: 

Author: 

1-20151 AND REC07/0087 

Planning Appeals Co-ordinator - Lynette Bunker 

Senior Legal Officer, Governance - Michelle Grey 



(a) advise the Court that the application should be refused, for the following reasons: 

1. the proposed development is in a Landscape Conservation Precinct, it is 

considered to be an over development of the site and would compromise the 

visual amenity and landscape conservation values of the site; 

2. the proposed development is inconsistent with Desired Environmental 

outcome No. 1 (Environmental Management) in that it does not protect the 

escarpment which is a prominent and visually attractive landscape; 

3. the proposed development is inconsistent with Sections 3.5.2, 3.5.4, 7.3(2) 

and 7.4.2 of the Strategic Plan in that it is not generally in accordance with the 

character of the precinct and does not protect the scenic values of the area; 

4. the proposed development is inconsistent with the intent for the precinct 

contained in Volume 3 and in particular does not comply with the preferred 

uses for the precinct being “mainly detached houses on existing lots” and the 

preferred maximum density which does not anticipate reconfiguration of lots 

being “one dwelling per lot as existing on the commencement day”; 

5. parts of the development proposal do not comply with the Code for 

Development on Steep or Unstable land; 

6. the development proposal does not comply with the recommendations of the 

submitted Bushfire Management Plan. 

1. The proposed development is in substantial conflict with provisions of Volume 

3 of Maroochy Plan 2000 (MP2000) and in particular: 

(a) those general provisions in Section 3.6 with respect to “Planning Area 

No. 6 – Buderim” which seek to protect the intactness of the Buderim 

escarpment and to maintain existing vegetation to support significant 

plant and animal species and contribute to the landscape character of 

this locality and the shire generally, which provisions include Section 

3.6.1, Section 3.6.2(1) and (2), Section 3.6.3(2) and (3); 

(b) those specific provisions relating to the relevant precinct, namely “(4) 

Buderim Scarp Landscape Conservation Precinct” and in particular 

those provisions which seek to protect existing vegetation and slopes 

for conservation, habitat and amenity and visual values (by reason of 

their contribution to the character of this locality and their significant 

environmental and landscape values) by generally restricting 

development to detached housing and then mainly detached housing 

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(b) 

on existing lots where landscape and environmental values can be 

protected. 

2. The proposed development is inconsistent with desired Environmental 

Outcome No. 1 (Environmental Management) in the Strategic Plan in Volume 

2 of MP2000 in that, amongst other matters it does not protect the escarpment 

which is a prominent and visually attractive landscape. 

3. The proposed development is inconsistent with Sections 3.5.2, 3.5.4, 7.3(2) 

and 7.4.2 of the Strategic Plan in Volume 2 of MP2000 in that, amongst other 

matters it is not generally in accordance with the character of the precinct and 

does not protect the scenic values of the area. 

4. There are no grounds sufficient to justify approving the proposed development 

despite the conflicts with MP2000. 

5. The proposal involves unacceptable risk of land slip and parts of the 

development proposal do not comply with the Council’s Code for Development 

on Steep or Unstable Land. 

6. The proposed development does not sufficiently ameliorate the risk of danger 

to life and property from bushfires (particularly in terns of the State Planning 

Policy) and the measures required to do so (including clearing of vegetation) 

would, in any event, exacerbate the already unacceptable loss of vegetation 

involved in the proposed development with consequent further impacts on 

environment, amenity, character and visual qualities of the locality. 

authorise the Chief Executive Officer to conduct the Appeal. 


2008. 

Council Resolution 

Moved by: 

Seconded by: 

Councillor Jones 

Councillor Grosskreutz 

That the meeting be closed to the public pursuant to section 463(1) (f) of the Local 

Government Act 1993 to consider Item 5.1.1 as it relates to legal proceedings involving the 

Local Government. 

Carried. 

Council Resolution 

Moved by: 

Seconded by: 

Councillor Jones 

Councillor Green 

That the meeting be re-opened to the public. 

Carried. 

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6 NEXT MEETING 

The next meeting of the Strategy and Planning Committee will be held on 

Wednesday, 15 October 2008 in the Council Chambers, 1 Omrah Avenue, 

Caloundra. 

7 MEETING CLOSURE 

The meeting closed at 1.08 p.m. 

CONFIRMED ON 

CHAIRPERSON 

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