A legible copy of the Council approved DRAWINGS AND DOCUMENTS and the Development Approval Package must be maintained on site and kept available for inspection by site workers and Council officers.

Note: This condition is imposed to ensure compliance with the conditions of development approval.

Carry out the approved development generally in accordance with the approved DRAWINGS AND DOCUMENTS.

Note. This development approval may include the location of fences, retaining walls and/or external walls of buildings on the boundary of a lot. This approval does not imply permission to enter neighbouring properties to carry out the construction (including associated drainage and earthworks) or maintenance activities. Permission to enter neighbouring properties must be obtained from relevant property owners.

Complete all building work associated with this development approval, including work required by any of the conditions included in the Development Approval Package. Such building work must be carried out generally in accordance with the approved DRAWINGS AND DOCUMENTS, and, where the building work is assessable development, in accordance with a current development approval.

Maintain the approved development generally in accordance with the approved DRAWINGS AND DOCUMENTS, and any relevant Council engineering or other approval required by the conditions.

Provide and maintain unimpeded and safe 24-hour public access through the subject site and ensure that access ways are designed to cater for people with disabilities in accordance with Australian Standard - AS1428.1Design for Access and Mobility - Part 1: General requirements for access - New building work.

Install and maintain a suitable system of security lighting to operate from dusk to dawn within all areas where the public may gain access, including car parking areas, building entrances and vegetated areas

Ensure that all external lighting is in accordance with Australian Standard - AS4282- Control of the Obtrusive Effects of Outdoor Lighting so as not to cause nuisance to nearby residents or passing motorists.

Ensure lighting over publicly accessible pathways covered by permanent awnings is in accordance with Australian Standard - AS/NZS 1158.3.1 Lighting for roads and public spaces - Pedestrian area (Category P) lighting - Performance and design requirements.

Lighting must be maintained by the owner of the building in a safe and good working order.

The car parking within the premises must be maintained exclusively for the ancillary use of the development. The parking must not be made available to the general public and there must not be signage erected on or in the vicinity of the site advertising the availability of car parking to the general public.

Install and maintain suitable screening to all air conditioning, lift motor rooms, plant and service facilities located at the top of or on the external face of the building. The screening structures must be constructed from materials that are consistent with materials used elsewhere on the facade of the building.

Landscape the site in accordance with the requirements of this condition.

Carry out the landscaping work in accordance with the above certified detailed Landscape Plan.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first.

On completion of the landscaping work, submit to Development Services Brisbane City Council Form CC10613 - Landscape Works Certificate prepared by a registered Landscape Architect or licensed Landscape Contractor to certify the completed landscaping work complies with the certified detailed Landscape Plan.

Note: A copy of the as-constructed detailed Landscape Plan must accompany the completed Landscape Works Certificate.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first.

Maintain the landscape work generally in accordance with the certified detailed Landscape Plan.

Timing: To be maintained.

 

Commercial uses/development are to ensure that food/cooking odours are released via exhaust vent outlets which are discharged vertically and directed away from any sensitive use and include the following:           

·         food/cooking air emissions exhausts are to be separated by a minimum of 6m from a sensitive use, including any outdoor air intake of a sensitive use;  

·         air emissions are not to cause an odour or air emission which is detectable and disturbing at a sensitive use; and 

 

A sound limiting device must be installed into the amplification system of the proposed drive through to ensure the noise criteria for amplified sound for this approval is achieved at nearby noise-sensitive places.

Submit to Development Services certification from an appropriately qualified acoustic consultant demonstrating that a noise limiting device has been installed into the amplification system of the proposed drive through to achieve the criteria.

Deliveries to the site are limited to the hours of 07:00 to 22:00, daily.

Erect an Acoustic Canopy in the dimensions (3m high, 4m wide) outlined in the Approved Acoustic Report No.4279 R2, prepared by Noise Measurements Service, received 15 December 2017 (relative to the finished RL of the drive through) along the northern section of the site. The acoustic barrier must:

-  Be constructed of a material with a minimum surface area density of 15kg/m2
-  Be constructed of an aesthetically pleasing weather-resistant material such as earth mound, fibre cement, painted or treated timber, brick, concrete or a combination thereof
-  Be continuous and gap free

Submit to Development Services certification from an appropriately qualified consultant that the constructed acoustic barrier complies with the above requirements.

Following the installation of all mechanical plant and equipment (e.g. air conditioning, mechanical ventilation and refrigeration equipment and heat pump hot water systems), submit to Development Services certification that the plant and equipment is adequately noise-attenuated and is in accordance with the criteria of the relevant Brisbane Planning Scheme Codes/Policies.

Submit for the approval of Development Assessment, an Acid Sulfate Soils (ASS) Investigation Report and Management Plan. The ASS Management Plan must detail management measures of possible impacts of soil disturbance and demonstrate the disturbance impact will be appropriately managed. An ASS Investigation Report must be provided if soil disturbance (e.g. filling, excavation, drainage works, stripping of topsoil) is greater than 100m3. Prepare the ASS Investigation Report and Management Plan in accordance with the following: 

 

- ASS Investigation Report and the ASSMP sections of City Plan - Potential and actual acid sulfate soils PSP; 

- State Planning Policy 2016 and State Planning Policy State Interest Guideline Water Quality;

- Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines. - Guidelines for sampling and analysis of lowland acid sulfate soils (ASS) in Queensland 1998 (Ahem et al, 1998); and

- Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines, Sampling Guidelines, and Laboratory Methods Guideline.  

 

The Management Plan must be prepared by a suitably qualified and experienced professional, with the following qualifications:  - qualifications in agricultural or environmental soils science with specialisation in soil chemistry and hydrology; - at least 2 years experience in acid sulfate soil management; and - accreditation by a professional organisation such as the Australian Society of Soil Science.

Submit to Development Assessment certification from a Registered Professional Engineer Queensland, that the measures recommended in the Acid Sulfate Soils (ASS) Management Plan have been implemented into the development.

Implement and maintain the provisions of the approved Acid Sulfate Soils Management Plan.

Grant the following easement(s):

i) Easements for underground drainage, overland flow and access purposes as may be required, in favour of Brisbane City Council.

ii) Easements for underground drainage, open cut, overland flow and access purposes as may be required and/or that part of the site affected by the 1% AEP for Creek/waterway flooding or 2% AEP for overland flow flooding, in favour of Brisbane City Council.

Timing: Prior to commencement of use (MCU) or as part of the registration of the plan of subdivision notated by Council (ROL), and then to be maintained.

Submit for the approval of Development Services, a plan of subdivision showing the easement and the necessary easement documentation to demonstrate compliance with the requirements of this condition.

Note: Easements not in favour of the Brisbane City Council must have the necessary documentation prepared by the applicant's private solicitors.

Timing: As part of the submission of the request pursuant to Schedule 18 of the Planning Regulation 2017 for Council's notation on the plan of subdivision necessary to comply with this condition (MCU) or give effect to this approval (ROL).

Submit for the approval of Development Services, a plan of subdivision showing the easement and a request for Council to prepare the necessary easement documentation to demonstrate compliance with the requirements of this condition.

Note: Easements in favour of the Brisbane City Council must have the necessary easement documentation prepared by the Brisbane City Council, free of cost to Council.

Timing: Prior to submission of the request pursuant to Schedule 18 of the Planning Regulation 2017 for Council’s notation on the plan of subdivision necessary to comply with this condition (MCU) or give effect to this approval (ROL).

Lodge the plan of subdivision notated by Council pursuant to Schedule 18 of the Planning Regulation 2017 and the necessary easement documentation with the Registrar of Titles for the relevant Queensland State Government Authority.

Timing: Prior to commencement of use (MCU) or as part of the registration of the plan of subdivision notated by Council (ROL).

Submit to Development Services evidence of the registration of the necessary easement documentation.

Timing: Within one month of the registration of the easement documentation.

Minimise on-site erosion and the release of sediment or sediment laden stormwater from the site at all times.

Timing: While site works are occurring and until all exposed soil areas are permanently stabilised against erosion.

Prepare Erosion and Sediment Control (ESC) Plan(s), and provide design certificates for the site in accordance with the relevant Brisbane Planning Scheme Codes.
The plan(s) and design certificates must be certified by a Certified Professional in Erosion and Sediment Control (CPESC) or a Registered Professional Engineer Qld (RPEQ) with suitable qualifications and experience in erosion and sediment control.
Documentary evidence demonstrating appropriate qualifications in erosion and sediment control must be provided to the Council upon request.
At least 10 days prior to either the pre-start meeting or commencement of site works, submit copies of design certificates to Council’s Compliance and Regulatory Services at:
CARS-ESC@brisbane.qld.gov.au

Timing: Prior to pre-start meeting or commencement of any site works and to be maintained until all exposed soil areas are permanently stabilised against erosion.

Arrange and attend a pre-start meeting with an Erosion & Sediment Control Officer from Council’s Compliance and Regulatory Services.  Requests are to be made when submitting copies of all required documentation, including design certificates to: CARS-ESC@brisbane.qld.gov.au

Timing: Prior to commencement of any site works causing exposure of soil.

Implement the certified ESC plan(s) to maintain compliance with all parts of the relevant Brisbane Planning Scheme Codes, while site works are occurring and until all exposed soil areas are permanently stabilised against erosion.
The plan(s) and design certifications must be available on site at all times for inspection by Council officers until all exposed soil areas are permanently stabilised against erosion.
Minimise on-site erosion and the release of sediment or sediment laden stormwater from the site at all times.

Timing: While site works are occurring and until all exposed soil areas are permanently stabilised against erosion.

Erect an "Information Sign" on the subject property in accordance with Council’s general requirements for signage and in accordance with the requirements outlined below:

a)  The sign should provide a brief description of the development proposed;
b)  The sign is to list the name, postal and/or email address and a contact telephone number for the following parties (where relevant) that are undertaking work on the site:

     Developer;
     Project Coordinator;
     Architect/Building Designer;
     Builder;
     Civil Engineer;
     Civil Contractor/s; and
     Landscape Architect;

c)  The lettering on the sign is to be at least 25 millimetres in height, be of regular weight and in sentence case;
d)  The sign is to be a minimum size of 1,200 millimetres by 900 millimetres;
e)  The maximum area of the sign is to be 2.0m2;
f)  The sign is to be positioned as follows:

     located centrally along the Old Cleveland Rd frontage of the site;
     located on or within 1.5 metres of the road frontage;
     mounted at least 300 millimetres above ground level; and
     clearly visible from the street for a pedestrian;

g)  The sign is to contain no commercial or corporate advertising other than the name, logo or slogan of the parties outlined in part (b) of this condition;
h)  The sign is to be non-illuminated; and
i)  Both the sign and the supporting structure are to be made of weatherproof material and to be properly maintained at all times;

Timing: Prior to site works commencing and then to be maintained until completion of the development for all stages.

Design and construct all retaining walls and associated fences, in accordance with the relevant Brisbane Planning Scheme Codes and including the following:

-  All retaining walls including the footings, must be located wholly within the property boundary of the site where works are occurring
-  Retaining walls to stabilise excavation must be set back off property boundaries to accommodate subsoil drainage without encroachment into the neighbouring property. This set back may vary depending on the height, structure and design of the retaining wall, including loadings from neighbouring properties, and to provide a surface drain along the top of the retaining wall
-  Retaining walls that are greater than 1.0m in height must be vertically and horizontally tiered by a ratio of 1:1 unless an alternative has been approved by Development Services
-  Runoff from surface drains and subsoil drainage associated with the retaining wall must be collected and conveyed to a lawful point of discharge and must not cause any ponding, nuisance or disturbance to adjacent property owners
-  Retaining walls in excess of 1.0m in height must be designed and certified by a Registered Professional Engineer Queensland
-  Retaining walls facing onto Council property (including the road reserve and parkland) must not be constructed from timber.

For retaining walls over 1.0m in height, obtain certification from a Registered Professional Engineer Queensland that the design and construction of the retaining wall and ancillary drainage is in accordance with this condition.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Carry out development in accordance with a Construction Management Plan prepared in accordance with the requirements of this condition.

Submit for the approval of Development Services a Construction Management Plan for the demolition (where in a Centre zone, the Mixed use zone or where the demolition is otherwise assessable development), excavation and construction phases of the approved development. Separate Construction Management Plans may be appropriate for the individual components. The Construction Management Plan must be in accordance with the relevant Brisbane Planning Scheme Codes, Workplace Health and Safety Legislation, Environmental Protection Act, the requirements of any Concurrence Agency, any other relevant legislative requirements and the following.

The Construction Management Plan must be supported by Permits or written approvals from the relevant Council sections or other body listed below (where applicable to the Plan) to ensure all potential impacts to Council and other infrastructure have been addressed:

(i) Work Zones / Temporary Road Closures / Taxi Ranks - (Congestion Reduction Unit, Planned Incident Management / Temporary Road Closures);
(ii) Full/Partial Footway-Footpath Closures – (Brisbane Infrastructure – Congestion Reduction Unit);
(iii) Street Lighting - (Brisbane Infrastructure - Asset Services-City Lighting);
(iv) City Cycle bike stations and JCDecaux Advertising Signage (including obstruction to sight lines for such advertising - owned by JCDecaux)- (Brisbane Infrastructure - Transport Planning and Strategy, Contract Management section);
(v) Street Furniture (excluding bus stops) - (Brisbane Infrastructure, Transport Network Operations, Roads and Drainage);
(vi) Waste Bins - (Brisbane Infrastructure, Waste Service);
(vii) Bus Stops/Shelters - (Brisbane infrastructure - Transport Planning and Strategy-Strategic Planning; and Brisbane Transport - Network Planning & Bus Operations);
(viii) Street Trees - (Brisbane Infrastructure - Asset Services - Arboriculture);
(ix) Parking Meters/Spaces - (Brisbane Infrastructure - City Parking);
(x) Traffic Signals - (Brisbane Infrastructure - Traffic Signals Operations);
(xi) Stormwater Gullies/Pits etc - (Brisbane Infrastructure - Roads and Drainage);
(xii) Other service providers - (e.g. Energex, Telstra, Optus, Queensland Urban Utilities, AGL);
(xiii) Erect Scaffolding/Hoarding Permit, (Queen Street Mall, Reddacliff Place, Chinatown Mall and Brunswick Street Mall) - (City Planning and Sustainability – City Malls Management, City Planning and Economic Development);
(xiv) Vehicle Access Permits, (Queen Street Mall, Reddacliff Place, Chinatown Mall and Brunswick Street Mall) - (City Planning and Sustainability - City Malls Management, City Planning and Economic Development).

The construction management plan must address the following:

(i) Provision for pedestrian management including alternative pedestrian routes, past or around the site;
(ii) Location of and impacts on any Council or other authority's assets on or external to the site;
(iii) Temporary vehicular access points and frequency of use;
(iv) Provision for loading and unloading materials including the location of any remote loading sites;
(v) Location of materials, structures, plant and equipment to be stored or placed on the construction site;
(vi) How materials are to be loaded/unloaded and potential impacts on existing street trees;
(vii) Location of proposed external hoardings and gantries, (with clearances to street furniture and other footpath assets, (e.g. CityCycle bike stations);
(viii) Employee and visitor parking areas (if provided);
(ix) Anticipated staging, programming;
(x) Provision for fire exit routes for other uses on the subject or adjoining sites;
(xi) Notify Development Services of construction considered necessary to be conducted out of normal business hours (where normal hours are defined as Monday to Saturday between 6:30am and 6:30pm excluding public holidays).
(xii) The details identified in (xi) above must be accompanied by a consultation strategy for seeking, recording and addressing the impacts of dust, noise and vibration upon adjoining and nearby properties.

Notes:
- Approval for footpath closures and/or temporary vehicle access will only be considered where it can be demonstrated that no other reasonable alternative can be provided due to site constraints and that safety, capacity and/or operation of public transport, vehicle and pedestrian traffic are not compromised.
- Proposed arrangements utilising any part of the road reserve for construction related activities, for example, on-street work zones, overhead gantries, or where paid parking spaces are impacted upon or pedestrian diversions proposed are subject to separate application fees and rental fees.
- The approved Construction Management Plan will not allow the carrying out of specific work activities for any phase of construction outside of normal hours.

Timing: Prior to site/operational/building work commencing.

Arrange and attend a pre-start meeting with Development Services.

Timing: Prior to site/operational/building work commencing.

Obtain relevant approvals to carry out any works required by the approved Construction Management Plan, including the following, within the road reserve:

-   Temporary lane closures;
-   Restricted work zones (subject to relaxation of clearway hours and resolution of alternative kerb side allocation including bus zones);
-  Overcoming clearway restrictions;
-  Gantry erection.

Notes:
-  Applications will be assessed on the basis of road and footpath network operating conditions prevailing at the time. Council will consider impacts of other construction works or events that occur during the life of the permit.
-  All fees must be paid in full prior to any permit being granted by Council. Council may revoke any permits at any time for non-compliance with requirements or if it considers that safety, capacity and /or operation of public transport, vehicle and pedestrian traffic are likely to be compromised during the construction phase.

Timing: Prior to site/operational/building work commencing.

Legible copies of the approved Construction Management Plan and current permits must be kept on site and be made available on request at all times.

Timing: While site/operational/building work is occurring

Obtain approval from Development Services for any work that is to be undertaken outside of normal business hours - 6:30am to 6:30pm, Monday to Saturday.

Timing: Prior to site/operational/building work commencing.

Carry out the development in accordance with the approved Construction Management Plan.

Timing: While site/operational/building work is occurring.

Where there is existing infrastructure in the vicinity of the proposed work, the new work must not damage or compromise the working ability of the existing infrastructure. Where alterations to public utility mains, existing mains, services or installations are necessitated by the development, prior to alterations commencing, the developer must notify Council or the relevant infrastructure provider and obtain agreement to the alterations. The developer must meet the costs of the alterations. The alterations must be carried out in accordance with the relevant Brisbane Planning Scheme Codes or infrastructure providers requirements.

Where alterations to existing infrastructure are required, submit to Development Services "As Constructed" drawings showing all new and/or rectification works and an asset register, prepared by a Registered Professional Engineer Queensland.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Where alterations to existing infrastructure are required, submit to Development Services certification from a Registered Professional Engineer Queensland, confirming that the alterations have been completed in accordance with the relevant Brisbane Planning Scheme Codes and any other relevant infrastructure requirements.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Submit to Development Services, "As Constructed" drawings prepared by a Registered Surveyor. The Registered Surveyor must certify that the "As Constructed" drawings are in accordance with the relevant Brisbane Planning Scheme Codes and show finished surface level information over the completed development.

Note: The survey information must show surface levels and site contours at 1 metre intervals. All levels must be shown as Reduced Levels to the "Australian Height Datum" (AHD).

Filling and/or excavation works on the site must be in accordance with the relevant Brisbane Planning Scheme Codes.

Earthworks drawings must be prepared and certified by either: a Registered Professional Engineer Queensland or a suitably qualified geotechnical and structural consultant, in accordance with the relevant Brisbane Planning Scheme Codes.

The drawings must include the following:

-  maintenance of access roads to and from the site such that they remain free of all fill material and are cleaned as necessary
-  preservation of all drainage structures from the effects of structural loading generated by the earthworks
-  protection of adjoining properties and roads from ponding or nuisance from stormwater.

Timing: Prior to site/operational/building work commencing.

Note: The Earthworks drawings are not required to be submitted for Council approval.

Carry out and maintain the earthworks in accordance with the certified drawings.

Note: A copy of the certified Earthworks Drawings must be available on- site for inspection by Council Officers during these works.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Repair any damage to the existing kerb and channel, footpath or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drainlines) and re-instate existing traffic signs and pavement markings that have been removed or damaged during any works carried out in association with the approved development.

Remove any redundant drainage outlets from the kerb and channel including any associated pipe work across the footway and reinstate the kerb and channel and the footway area in accordance with the relevant Brisbane Planning Scheme Codes.

Note: Guidance for the preparation of drawings and/or documents to comply with this condition is provided in the Brisbane Planning Scheme Policies.

Prepare signs and line markings drawings. The drawings must be prepared by a Registered Professional Engineer Queensland. The Registered Professional Engineer Queensland must certify that the drawings are in accordance with the relevant Brisbane Planning Scheme Codes and the Manual of Uniform Traffic Control Devices - Queensland Department of Transport and Main Roads -Transport Operations (Road Use Management) Act 1995 showing the traffic signs, pavement markings and traffic control devices.

Carry out the signs and line marking in accordance with the certified drawings.

Construct access, parking and manoeuvring for vehicles on site in accordance with the relevant Brisbane Planning Scheme Codes, as indicated on the approved DRAWINGS AND DOCUMENTS, including the following:

i. A pavement of minimum Local road standard or equivalent surface material (including associated drainage) to the area on which motor vehicles will be driven and/or parked.

ii. Manoeuvring on site for a HRV and for the loading and unloading of vehicle(s).

iii. Parking on the site for 42 cars including 1 waiting bay, 4 staff parking spaces, 2 parking spaces for people with disabilities as well as 1 existing, 1 relocated and 1 new loading bays, and for the loading and unloading of vehicle(s) within the site.

iv. The driveway is widened to facilitate a through entry lane and a dedicated entry lane for the existing fast food drive thru.

v. The queue length on the new drive thru lane can accommodate 8 cars from the order station.

vi. A minimum of 2.3 metres height clearance to all undercover parking areas and a minimum of 2.5 metres above parking spaces for people with disabilities.  The minimum clear height must be measured to the lowest protrusion from the ceiling (e.g. fire sprinklers, services, lighting fixtures, signs, etc).

vii. A height clearance sign located at the entrance(s) to undercover car parking areas and a directional visitor parking sign clearly visible from the vehicle entrance to the site.

viii. An appropriate area for the storage and collection of refuse, including recyclables, in a position which is accessible to service vehicles on the site.

ix. The internal paved areas must be signed and delineated in accordance with the approved drawings and Manual of Uniform Traffic Control Devices - Queensland Department of Transport and Main Roads - Transport Operations (Road Use Management) Act 1995.

Submit to Development Services, certification from a Registered Professional Engineer Queensland, that the above requirements have been implemented in accordance with this condition.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first.

Building works within the following Flood Planning Areas must be designed by a Registered Professional Engineer Queensland. The Registered Professional Engineer Queensland must certify that the works are structurally adequate to resist hydrostatic, hydrodynamic and debris impact loads associated with flooding up to the DFE:
-  Creek/waterway Flood Planning Areas - subcategories 1 and 2;
-  Brisbane River Flood Planning Areas - subcategories 1, 2a and 2b;
-  All Overland Flow flood planning area subcategories (not applicable for dwelling houses).

Notes:
The relevant Flood Planning Areas are available from Brisbane City Council's Floodwise Property Report.
Design considerations and methodology are provided in the "Construction of Buildings in Flood Hazard Areas" standard (Australian Building Codes Board).

Submit to Development Services certification from a Registered Professional Engineer Queensland that the development has been designed and constructed in accordance with this condition.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Design and construct all proposed building pad levels, floor levels and ancillary structures to the appropriate flood planning level with freeboard (where required) in accordance with the relevant Brisbane Planning Scheme Codes.

The minimum habitable floor level must be 7.0 metres AHD.

The minimum floor level for essential services must be 7.1 metres AHD.

Submit to Development Services "As-Constructed" drawings prepared by a Registered Surveyor. The Registered Surveyor must certify that the development has been constructed in accordance with this condition.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Construct the development in accordance with the Approved Flood Study prepared by Inertia Engineering (Job Reference Number – 7707, received 15 December 2017).

Submit to Development Services certification from a Registered Professional Engineer Queensland that the development has been constructed in accordance with the approved flood study.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Prepare, implement and maintain a Flood Emergency Management Plan (FEMP) in accordance with the requirements of this condition.

Submit to Development Services a FEMP for the approved development prepared and certified by a Registered Professional Engineer Queensland with experience in flood risk management.

Note: Guidance for the preparation of drawings and/or documents to comply with this condition is provided in the Brisbane Planning Scheme Policies.

Timing: Prior to site/operational/building work commencing.

Implement and maintain the certified Flood Emergency Management Plan.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained.

Provide for the installation and collection of waste/recycling bins by Brisbane City Council's Waste Services.

Arrange for the installation of waste/recycling bins by Brisbane City Council's Waste Services and for the subsequent collection of waste including recycling from the site.

Timing: A minimum of four weeks prior to the commencement of use and then to be maintained.

The owner and any subsequent owner must indemnify Council and its agents in respect of any damage to the pavement and other driving surfaces.

Provide a roofed and screened waste enclosure to accommodate the type and quantity of bulk waste/recycling bins required to service the development.
Bins must be located in an area which allows them to be manoeuvred from the bin storage area to the designated internal collection point.

The proposed development must not prejudice the future road reserve widening along the Old Cleveland Rd frontage of the site by keeping the area clear of permanent improvements and structures associated with the approved development.  The extent of the land to be set aside for a future road reserve widening is set out on the sketch plan RC16076 Issue 1 dated 17.01.18 forming part of the approved DRAWINGS AND DOCUMENTS.

Carry out the approved development to ensure that adjoining properties and roads are protected from ponding or nuisance from stormwater as a result of the works.

Notes: If remedial works are necessary to comply with this condition, prior approval must be obtained from Development Services.

Provide a stormwater connection to all new or existing allotments and provide drainage infrastructure to ensure stormwater run-off from all roof and developed surface areas will be collected internally and piped in accordance with the relevant Brisbane Planning Scheme Codes to “a lawful point of discharge” and as shown on DRG NUMBER SK004 Revision 3 dated 11.12.2017.

Note: Guidance for the preparation of drawings and/or documents to comply with this condition is provided in the Brisbane Planning Scheme Policies.

Where reconfiguring a lot, submit to Development Services "As Constructed" drawings prepared by a Registered Professional Engineer Queensland.

Timing: Prior to Council's notation of the plan of subdivision.

Where reconfiguring a lot, submit to Development Services certification from a Registered Professional Engineer Queensland, confirming that the works have been completed in accordance with this condition.

Timing: Prior to Council's notation of the plan of subdivision.

Provide and install all service conduits and meet the cost of any alterations to public utility mains, existing mains, services or installations that are required to carry out the approved development. These works must be in accordance with the relevant Brisbane Planning Scheme Codes, and include the following, where applicable:

-  the provision of all services and/or conduits along the full length of any rear allotment access or access easement.
-  the breaking and/or relocation of any existing sewer combine drains.
-  the relocation of any fire hydrant and/or valves from the development's vehicular footway crossings.
-   the retention and/or relocation of any existing foul water lines that currently exist within the site.

Note: Applicants must liaise with the appropriate service authorities. Typical underground services and/or conduits to be constructed include power, phone, telecommunications, sewer (including private combine drains) stormwater and gas, if applicable.

Submit to Development Services "As Constructed" drawings, including an asset register, prepared by a Registered Professional Engineer Queensland.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Submit to Development Services certification from a Registered Professional Engineer Queensland, confirming that the works have been completed in accordance with the requirements of this condition.

Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first (MCU or BW), or prior to Council's notation of the plan of subdivision (ROL).

Submit to Development Services, certification from an authorised telecommunications carrier/contractor, that the following works and infrastructure have been undertaken and installed in accordance with telecommunications industry standards:

a) Provide telecommunications to the subject buildings, lead-in conduits and equipment space in a suitable location within the buildings, to suit the carrier of choice.
b) If new pits and conduit infrastructure are required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

Submit to Development Services, evidence of an agreement with an electricity supplier to provide necessary services to the development in accordance with the relevant Brisbane Planning Scheme Codes.

Where development is proposed within an established area of overhead electricity supply and the electricity supplier determines that a property pole is the appropriate solution to supply electricity to the development, the developer must be responsible for the installation of the property pole(s).

In the above circumstances, submit to Development Services, certification from the developer’s electrical consultant confirming that the above installation has been completed in accordance with the relevant AS/NZS Standards and the Queensland Electrical Connection and Metering Manual.

Provide a 10.8 metre wide Type B1 permanent vehicle crossover to the Scrub Rd frontage of the site and maintain the existing (exit only) vehicle crossover to the Old Cleveland Road in accordance with the relevant Brisbane Planning Scheme Codes and located as shown on the approved DRAWINGS AND DOCUMENTS.

Note: No further permits are required to carry out these works and street trees must not be removed without prior approval from Asset Services.

All development involving the preparation, packing, storing, handling, serving, selling or carrying of food requires that its design, installation and operation be approved pursuant to the Food Act 2006.  The premises must be registered and the operator must hold a licence with Brisbane City Council to operate the business under the above provisions.

Licences can be obtained from Brisbane City Council.  To obtain a Licence Information Kit contact Council on 3403 8888.

Pursuant to the Environmental Protection Act 1994, all development involving the emission of noise and dust from building and/or construction activities, must ensure that the emissions are in accordance with the requirements of the Act.
The Environmental Protection Act 1994 prescribes that:

1. A person must not carry out building work in a way that makes an audible noise-
-  on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or
-   on any other day, at any time. 
2. The reference in subsection (1) to a person carrying out building work-
-  includes a person carrying out building work under an owner-builder permit; and
-  otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

Note: A request can be made to work outside of these hours by submitting an Environmental Management Plan for assessment and obtaining an endorsed decision from the Environmental Management delegate Development Services.

SARA as concurrence agency has advised it has no requirements as contained in the letter dated 1 February 2018.

Aboriginal cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003 This Act establishes a cultural heritage duty of care and in section 23(1) mandates that a person who carries out an activity must take all reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage. The Duty of Care Guidelines gazetted pursuant to the Aboriginal Cultural Heritage Act 2003 provide guidance on identifying and protecting Aboriginal cultural heritage to fulfil the duty of care.

If you are unsure of your obligations contact the relevant Queensland State Government Department (Department of Aboriginal and Torres Strait Islander Partnerships).

Provision must be made for equitable access for persons with disabilities to and within the site in accordance with the Queensland Anti-Discrimination Act 1991, the Federal Disability Discrimination Act 1992 and Australian Standard AS1428 Parts 1-4, Australian Standard for Access and Mobility and the National Construction Code.

Services for water and wastewater (sewerage) are no longer under the jurisdiction of Brisbane City Council. Authorisation to connect the approved development to the water/wastewater networks and for property service connections requires a Water Approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009. Any necessary Water Approval must be obtained from the relevant distributor- retailer (currently operating as Queensland Urban Utilities for the Brisbane City Council area).

For the purpose of compliance assessment of a subdivision plan pursuant to Schedule 18 of the Planning Regulation 2017 (whether in relation to a development permit for Reconfiguring a Lot or a Building Format Plan subsequent to a development permit for a Material Change of Use), documentary evidence, issued by the relevant distributor-retailer, must be provided to Council to verify that the conditions of any necessary Water Approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, have been complied with.

Please note that any damage caused to vegetation on adjoining lots as a result of exercising this development approval may result in civil action.

To prevent the spread of fire ants, the Queensland Government has implemented movement controls in areas of Queensland (biosecurity zones) where this pest species has been detected. These controls apply to individuals and commercial operators, and restrict the movement of materials that could carry fire ants which include soil, turf, potted plants, mulch, baled hay or straw, animal manures, mining or quarry products.
Breaches of these controls can potentially impact the community, economy and the environment. Penalties for non-compliance with movement controls within fire ant biosecurity zones apply under the Biosecurity Act 2014.
If you are unsure of your obligations contact the relevant Queensland State Government Department (Biosecurity Queensland, Department of Agriculture and Fisheries).

This Development Approval to carry out building work made assessable under the planning scheme for Brisbane does not include an assessment of building work against the requirements of the Building Act and does not permit building work to occur unless, prior to the commencement of any building work, a Development Permit(s) to carry out assessable building work under the Building Act has been issued.

Council has chosen to issue an early referral agency response under section 57 of the Planning Act 2016 for the proposed building work located within a Flood hazard area (Planning Regulation 2017, Schedule 9, Part 3, Division 2, Table 12). The response is attached to this decision notice.