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.

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.

In the event that an appropriate liquor licence is obtained from the relevant authority, this development approval for Food and drink outlet does not permit the service of alcohol to patrons who are not consuming food.

Note: Liquor licenses are issued by the Queensland Government and require a separate approval.

External details of the building, facade treatment and external materials, colours and finishes must be consistent with the approved DRAWINGS AND DOCUMENTS.

Note: The requirement to use particular materials and finishes is imposed only for the purpose of achieving a built form outcome that displays architectural merit. Council has not assessed the materials and finishes for compliance with the Building Act, the Building Fire Safety Regulation, the Building Regulation, the Building Code of Australia, the Queensland Development Code, relevant Australian Standards, fire safety standards or any other relevant requirement of a statutory authority with regard to building work.

Identify, retain and protect the existing street trees along both frontages unless otherwise agreed in writing with Asset Services.

Note: Street trees are protected under the Natural Assets Local Law. Street trees must not be removed or pruned without prior approval from Asset Services.

Install tree protection measures in accordance with Australian Standard - AS4970 Retention of Trees on Development Site.

There must be no excavation, filling or storage of materials or plant within the drip line of the tree(s).

Note: If fencing is proposed to protect street trees, a permit to temporarily occupy the footway will be required from Compliance and Regulatory Services.

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

Maintain protection measures while development is occurring and remove protection measures prior to commencement of the use.

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

Carry out streetscape improvement works including a street tree to the verge within the existing planting space where a tree has previously been removed in accordance with the relevant Brisbane Planning Scheme Codes, Brisbane Standard Drawings (BSD), the requirements of this condition and the Infrastructure Design Planning Scheme Policy including sections 3.7.4.2.2 and 3.7.5.

Contact the call centre on 3403 8888 and request that Council undertake street tree planting in accordance with the Infrastructure Design Planning Scheme Policy including section 3.7.5 to the frontage of the development. Provide the call centre with the Development Approval number and obtain a reference number for the phone call for your record.

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 on the plan of subdivision (ROL).

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

Prepare a detailed Landscape Plan at a scale of 1:100 for all on-site landscape works identified on the approved BA Plan dated 23/4/18, lodged 10/5/18, and amended in red 30/5/18. The plan must be prepared by a registered Landscape Architect and must comply with the relevant Brisbane Planning Scheme Code. The plan must be certified by the registered Landscape Architect using Brisbane City Council Form CC10616 - Landscape Design Certification and the form must be submitted to Development Services.
In addition to the requirements listed above, the plan must include the following:

Planting
-  Provide flowering / shade trees within the frontage at locations shown, provided as 45 litre stock or larger, staked and tied
-   Provide low shrubs and groundcovers to all landscape areas

Amenity
-  Ensure appropriate measures are taken to allow the healthy retention of existing vegetation where this is situated outside the building footprint
-  Trees required to be retained are documented, protected and integrated into the landscape design in accordance with Australian Standard - AS4970 Protection of trees on development sites

Specifications
-   Provide mulch and soil to meet Australian Standards
-  Ensure that soil media is ameliorated to increase its water-holding abilities.

Timing: Prior to building work above ground level commencing.

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.

The development is to ensure food/cooking exhaust vent outlets are discharged vertically and directed away from any sensitive use with the following constraints:

 

·         separated by a minimum of 6m from a sensitive use, including any outdoor air intake of a sensitive use; and

·         does not cause an odour or air emission which is detectable and disturbing at a sensitive use.

 

Outdoor dining and associated activities are to be located along the Sandgate Road frontage.

The uses are not to generate amplified sound and/or music.

Hours of operation, including deliveries are to be limited to 7am - 6pm.

All external mechanical plant and/or equipment (ie. generators, motors, compressors and pumps e.g. air-conditioning, refrigeration or cold room motors) are to be acoustically screened from adjoining sensitive uses/zoning.

Erect a 2m high acoustic barrier (relative to the finished RL of the building pad) along the eastern property boundary. The acoustic barrier must:

-  Be constructed of a material with a minimum surface area density of 12.5kg/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; and
-  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.

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).

Repair any damage to the existing kerb and channel, footpath or roadway (including removal of concrete slurry from footways, roads, kerb and channel, 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.

If at any time during the construction phase of the approved development, damage to the existing kerb and channel, footpath or roadway creates unsafe, unreasonable and/or not fit for purpose conditions as assessed by Council, interim repairs must be undertaken as directed by Asset Services.

Note: Any interim repairs required to be undertaken shall not be considered to satisfy the requirements of this condition for the permanent repair of the infrastructure prior to the 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).

Timing: While site / operational / building works is occurring

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 RCV and for the loading and unloading of vehicle(s).

iii. Parking on the site for 12 cars, 1 parking spaces for people with disabilities and for the loading and unloading of vehicle(s) within the site

iv. 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).

v. 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.

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

vii. 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.

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.

The currency period for this development approval is stated in the Decision Notice.

The currency period for this development approval is expressed as a date.

This development approval lapses at the end of the currency period (the date stated in the decision notice) if:

  - for a material change of use, the first change of use does not happen;

  - for reconfiguring a lot, the plan of subdivision for the reconfiguration is not given to Council; or

  - for any other development (including building work and operational work), the development does not substantially start.

The currency period is determined by Council pursuant to section 85 of the Planning Act 2016.

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.

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).