| Address of Site: | 59 MELBOURNE ST SOUTH BRISBANE QLD 4101 63 MELBOURNE ST SOUTH BRISBANE QLD 4101 9 FISH LANE SOUTH BRISBANE QLD 4101 U 1 LA MELBA 49 MELBOURNE ST SOUTH BRISBANE QLD 4101 U 2 LA MELBA 49 MELBOURNE ST SOUTH BRISBANE QLD 4101 U 3 LA MELBA 49 MELBOURNE ST SOUTH BRISBANE QLD 4101 |
| Real Property Description of Site: | L21 RP.209565 L20 RP.209565 L19 RP.209565 L1 SP.120399 L2 SP.120399 L3 SP.120399 |
| Aspects of development and type of approval: | DA - PA - Building Work Development Permit - bar,function
facility,park,Heritage Place (QHP),hotel,shop,office,food and drink
outlet,community use DA - PA - Building Work Development Permit - bar,function facility,park,Heritage Place (QHP),hotel,shop,office,food and drink outlet,community use DA - PA - Building Work Development Permit - bar,function facility,park,Heritage Place (QHP),hotel,shop,office,food and drink outlet,community use DA - PA - Building Work Development Permit - Heritage Place (QHP),park DA - PA - Material Change of Use Development Permit - bar,function facility,park,Heritage Place (QHP),hotel,shop,office,food and drink outlet,community use DA - PA - Material Change of Use Development Permit - bar,function facility,park,Heritage Place (QHP),hotel,shop,office,food and drink outlet,community use DA - PA - Material Change of Use Development Permit - bar,function facility,park,Heritage Place (QHP),hotel,shop,office,food and drink outlet,community use DA - PA - Material Change of Use Development Permit - park,function facility,food and drink outlet,bar,hotel,Heritage Place (QHP) DA - PA - Referral Agency for Building Work Referral Response - Flood hazard area DA - PA - Referral Agency for Building Work Referral Response - Flood hazard area DA - PA - Referral Agency for Building Work Referral Response - Flood hazard area DA - PA - Referral Agency for Building Work Referral Response - Flood hazard area |
| Council File Reference: | A006791334 Permit Reference Number/s: DABW368283418; DABW368283518; DABW368283618; DABW368283718; DAMC368283818; DAMC368283918; DAMC368284018; DAMC368284118; DAEB380240019; DAEB380240119; DAEB380240219; DAEB380240319. |
| Package Status: | APPROVED - Version 4 (19th of June, 2026 4:34:28 PM) |
| Package Generated: | 19/06/2026 |
| Diana SUN Urban Planner Planning Services South Diana.Sun@brisbane.qld.gov.au 0731785179 |
Emma MEZZINA Team Manager Planning Services South Emma.Mezzina@brisbane.qld.gov.au 3178 0049 |
Brendan GILLHAM Planning Services Manager Planning Services Brendan.Gillham@brisbane.qld.gov.au (07) 3403 5958 |
| Rachael GREENE Senior Urban Planner Planning Services South Rachael.Greene@brisbane.qld.gov.au 0731780462 |
Jennifer SNEESBY Team Manager (Acting) Planning Services City West Jennifer.Sneesby@brisbane.qld.gov.au (07) 3403 4436 |
Brendan GILLHAM Planning Services Manager Planning Services Brendan.Gillham@brisbane.qld.gov.au (07) 3403 5958 |
| David HOOPER Principal Urban Planner Planning Services South Dave.Hooper@brisbane.qld.gov.au (07) 3403 9889 |
Nicola MEWING Principal Urban Planner Planning Services Special Assessment Nicola.Mewing@brisbane.qld.gov.au 31781002 |
Simon GRICE Senior Urban Planner Development Assurance & Outcomes Simon.Grice@brisbane.qld.gov.au 34038888 |
| Roger GREENWAY Principal Urban Planner Development Assurance & Outcomes roger.greenway@brisbane.qld.gov.au 34034392 |
Khiang POH Senior Engineer Engineering Scoping khiang.poh@brisbane.qld.gov.au (07) 3407 0889 |
MARGARET NELSON Planning & Development Certificates Officer Planning and Development Certificate Services margaret.nelson@brisbane.qld.gov.au (07) 3403-7252 |
| Paul DONNELLY Landscape Architect Specialist Services Paul.Donnelly@brisbane.qld.gov.au |
Michael O'REILLY Environmental Management Officer Environmental Management Services Michael.O'Reilly@brisbane.qld.gov.au 3403 9517 |
Rachel PETERSEN Cadet Engineer Engineering Services Rachel.Petersen@brisbane.qld.gov.au 0731781655 |
| Brendan GILLHAM Planning Services Manager Planning Services Brendan.Gillham@brisbane.qld.gov.au (07) 3403 5958 |
Thomas STACEY Senior Urban Planner Partnerships Team Thomas.J.Stacey@brisbane.qld.gov.au 3178 1604 |
Hayley STEEL Team Manager (Acting) Planning Services Special Assessment Hayley.Steel@brisbane.qld.gov.au (07) 3178 0022 |
| Dalina HOWDEN Senior Urban Planner Trunk Infrastructure & Calculations dalina.howden@brisbane.qld.gov.au (07) 3178 3895 |
Zarndra PIPER Principal Urban Planner Planning Services South Zarndra.Piper@brisbane.qld.gov.au 0731780370 |
Kathryn KELLY Principal Urban Planner Planning Services South kathryn.kelly@brisbane.qld.gov.au 07 3407 1308 |
DRAWINGS AND DOCUMENTS
| Drawing or Document | Number | Plan Date |
|---|---|---|
| Interim Park Concept Plan - Town Square Stage 2 - Demountable Perspective | TP00.20 B P2 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - Town Square Stage 2 Plan | TP01.20 B P3 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - Town Square Stage 2 Section | TP01.21 B P4 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - Containers | TP01.22 B P5 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - The Cake | TP01.23 B P6 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - PLANTING PALETTE | P8 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - PLANTER OPTIONS | P9 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Interim Park Concept Plan - TYPICAL SECTION | P10 (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| Town Square Staging Plan | TP00.00 B (Amended In Red 10-APR-2026) | 13-NOV-2025 (Received) |
| NOISE IMPACT ASSESSMENT TOWN SQUARE STAGE 2 | 25052 | 06-JUN-2025 (Received) |
| 49 Melbourne St - Town Sq - Projector | SK200120.1 | 01-MAY-2020 (Received) |
| 63 Melbourne St - Town Sq - Projector | SK200120.2 | 01-MAY-2020 (Received) |
| Acoustic Assessment | 5455Rep01.4.odt | 19-JUN-2019 |
| Acoustic Assessment Addendum | 5455.0AddendumNoiseRepLet01.odt | 27-AUG-2019 |
| Demountable Bin Store | A-80-04 Rev C | 20-JUN-2019 |
| Ground & Level 1 Plans - Proposed | A63-121 Rev F | 06-APR-2020 |
| Landscape Design Report | 137048-1 Issue J (Amended In Red 10-APR-2026) | 19-JUN-2019 |
| Plan - Ground Level Proposed - Stage 1 | A-110 Rev 1 (Amended In Red 22-APR-2026) | 18-DEC-2019 |
| Plan - Ground Level Proposed - Stage 2 | A-10-11 Rev F (Amended In Red 22-APR-2026) | 20-JUN-2019 |
| Plan - Level 1 Proposed | A-10-12 Rev E (Amended In Red 01-JUN-2020) | 20-JUN-2019 |
| Plan - Level 2 Proposed | A-10-13 Rev D | 20-JUN-2019 |
| Plan - Proposed Roof | A-10-14 Rev D | 20-JUN-2019 |
| Projector Location Co-ord | SK191129 | 01-MAY-2020 (Received) |
| Proposed Elevations | A63-322 Rev C | 06-APR-2020 |
| Proposed Site Precinct Elevations | A-40-12 Rev D (Amended In Red 01-JUN-2020) | 20-JUN-2019 |
| Proposed Site Precinct Elevations | A-40-11 Rev D (Amended In Red 24-APR-2026) | 20-JUN-2019 |
| Proposed Site Sections | A-30-02 Rev D (Amended In Red 24-APR-2026) | 20-JUN-2019 |
| Removeable Kiosk | A-80-02 Rev C | 20-JUN-2019 |
| Removeable Town Square Furniture | A-80-01 Rev C | 20-JUN-2019 |
APPROVAL CONDITIONS
| Permit to Which These Conditions Relate: | DA - PA - Building Work |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Stage 1 A |
| 1) Further Development Permit required 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Building Work |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Stage 1B |
| 2) Further Development Permit required 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Building Work |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Stage 1 C |
| 3) Further Development Permit required 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Building Work |
| Activity(ies): | Heritage Place (QHP) park |
| Stage: | Stage 2 |
| 4) Further Development Permit required 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Material Change of Use |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Stage 1 A |
| 5) Approved Drawings and Documents 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. |
While site/operational/building work is occurring |
| 6) Carry Out the Approved Development Carry out the approved
development generally in accordance with the approved DRAWINGS AND
DOCUMENTS. |
While site/operational/building work is occurring and then to be maintained |
| 7) Complete All Building Work 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. |
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), and then to be maintained |
| 8) Maintain the Approved Development 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. |
To be maintained |
| 9) Demolish or Relocate Buildings Demolish or relocate
buildings/structures on the site in accordance with the approved DRAWINGS AND
DOCUMENTS and where applicable, the approved Construction Management Plan. The
removal of buildings/structures includes the removal of all existing concrete
slabs, foundations and footings. |
As indicated |
| 10) Landscaping of Vacant Site If construction for the
approved development does not commence within 3 months of the demolition of the
existing building(s) on site, the site must be landscaped in accordance with a
landscape drawing that has been submitted to and approved by Development
Services. |
As indicated |
| 11) Staging Stage 1a is limited to the area nominated as Stage
1a on Town Square Staging Plan, Reference: TP00.00 B, received
13/11/2025. |
As indicated |
| 12) Arcade The Arcade as shown hatched on Plan -
Ground Level Proposed - Stage 1, Reference: A-110 Rev 1, Dated: 18/12/2019, as
amended in red: 22/04/2026, is to remain open to the public during the hours of
operation of the development. |
At all times |
| 13) Projector operation The projectors must not compromise the effectiveness
of the ‘Low Clearance’ signs and hazard boards on the bridge
structure. This sign is to remain visible at all times. The projections are limited to genuine
art and are not to include any design or symbol reserved for traffic control
(e.g. bicycles, pedestrians, traffic signals, numbers that may be mistaken for
speed limits, or any regulatory messages such as ‘STOP’).
The
intensity of the projection must not be sufficient to distract or dazzle
pedestrians, cyclists or motorists, either through direct observation of the
projection source or through reflection from a wet surface.
|
At all times |
| 14) Security Lighting 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 |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 15) External Details 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 16) Artworks Provide and maintain artworks in accordance with this
condition: |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
16(a) Submit Artworks Details Submit for the approval of
Development Services, an Artworks Plan detailing the supply, installation and
maintenance of artworks (including but not necessarily limited to, sculptures,
ceramic works, mosaics and wall reliefs) within an area determined by
Development Services, that meet the following criteria: |
As indicated |
16(b) Contractual Agreement Enter into a contractual
agreement (subject to prior endorsement by Development Services) with a
recognised artist or craftsperson to supply and install the artworks detailed
in the approved Artworks Plan and submit to Development Services a copy of the
executed contractual agreement. |
As indicated |
16(c) Implement Approved Artworks
Plan Supply,
install and maintain the artworks detailed in the approved Artworks Plan. |
As indicated |
16(d) Submit Certification Submit to Development
Services certification by the contracted artist or craftsperson confirming that
the approved Artworks Plan has been implemented in accordance with the
requirements of this condition. |
As indicated |
16(e) Temporary art program Any changes to the artwork display(s) must first be confirmed in
writing by the Team Manager, Public Art, Design Brisbane, City Planning and
Economic Development. Note: This requirement
applies to the temporary art projections only. Any changes to artworks within
the vitrines does not require referral to
Council. |
As indicated |
| 17) Pedestrian Lighting Provide Pedestrian Lighting in accordance with the
requirements of this condition. GUIDELINE Note: This condition only applies to any new lighting along Fish Lane and/or Melbourne Street, and not to lighting within the privately-owned site. Note: To the extent there is any conflict between Council standards and Queensland Rail requirements for lighting beneath the railway overpath, Queensland Rail requirements prevail. |
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) |
17(a) Submit a Pedestrian Lighting
Design Submit
for the approval of Asset Services a detailed Pedestrian Lighting Design for
the full street frontage of the development, in accordance with the
following: |
As indicated |
17(b) Implement Approved Pedestrian Lighting
Design Install the lighting in accordance with the approved detailed Pedestrian
Lighting Design. |
As indicated |
17(c) Provide Certification of Connection and
Operation Provide
to Asset Services certification from a licensed electrical contractor that the
electrical connection has been installed in accordance with the approved
detailed Pedestrian Lighting Design and that the lighting is fully operational.
The certification must specify that the electrical installation has been tested
to ensure it is electrically safe and in accordance with the requirements of
Australian Standard - AS/NZS3000 Electrical installations known as the
Australian/New Zealand Wiring Rules and any other standard applying to the
electrical installation under the Electrical Safety Regulation 2002. |
As indicated |
17(d) On-Maintenance Acceptance Arrange an on-maintenance
inspection with Asset Services and obtain written confirmation that the works
have been accepted on-maintenance. |
As indicated |
17(e) On-Maintenance Period Provide 12 months maintenance
to the works from the time the works are accepted on-maintenance by Council.
During this period maintain the lighting and rectify any defects identified at
the on-maintenance inspection and those arising during the on-maintenance
period. |
As indicated |
17(f) Off-Maintenance
Acceptance On
completion of the on-maintenance period arrange an off-maintenance inspection
with Asset Services and obtain written confirmation by Council that the works
have been accepted off-maintenance. |
As indicated |
17(g) Obtain An Electrical
Connection Obtain an electrical connection from the electricity supplier / Enter
into an arrangement with the electricity supplier to service the approved
pedestrian lighting. |
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) |
| 18) Streetscape Works - Locality Street Carry out streetscape improvement works to the verge to Fish Lane to the Locality Street standard 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 Chapter 5. GUIDELINE Note: This condition only applies to streetscape works along Fish lane and Melbourne Street, and not to any works within the privately-owned site. |
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) |
18(a) Submit Level Details Submit for the approval of Development Services,
details of the proposed finished levels of the site and building entries (both
pedestrian and vehicular) to demonstrate verge levels and crossfalls complying
with the Infrastructure Design Planning Scheme Policy including section
3.7.3.5. The details must be provided by a registered Landscape Architect or
other relevant professional and include the following: |
As indicated |
18(b) Submit Plan for Works in
Verge Submit
for the approval of Development Services, a detailed Landscape Works in
Streetscape Plan for the required improvement works in accordance with the
requirements of the relevant Brisbane Planning Scheme Codes, Brisbane Standard
Drawings (BSD), the requirements of this condition and the Infrastructure
Design Planning Scheme Policy including Chapter 5. The detailed Landscape Works
in Streetscape Plan must be prepared at a scale of 1:100 by a registered
Landscape Architect and include the following: - Longitudinal grades consistent along the frontage including along the property boundary, and no steeper than the existing gradient of the road at any point. - Existing and proposed kerb materials and heights. -
Location of underground and above-ground services. -
Tree trench complying with Brisbane Standard Drawings (BSD) as required to
ensure that topsoil extends at least 2m, measured along the kerb line, from
either side of any tree. |
As indicated |
18(c) Pre-Start Meeting Arrange and attend a
pre-start meeting with Development Services. |
As indicated |
18(d) Implement Streetscape
Works Remove the existing footway including affected street signage for the
full length of the frontage.
Note: Any existing
Brisbane Tuff or granite kerbing that is surplus to requirements must be
returned to Asset Services. |
As indicated |
18(e) Submit As-Constructed
Drawings Submit to Development Services
Specialist Services "As Constructed" drawings including an asset
register, prepared by a Registered Professional Engineer Queensland, certifying
that the streetscape works have been completed in accordance with the approved
detailed Landscape Works in Streetscape Plan and to a standard and using
materials in accordance with the requirements of the relevant Brisbane Planning
Scheme Codes, Brisbane Standard Drawings (BSD) and the Infrastructure Design
Planning Scheme Policy Chapter 5. |
As indicated |
18(f) On-Maintenance Acceptance Arrange an on-maintenance inspection with Development
Services and obtain written confirmation that the works have been accepted on-
maintenance. |
As indicated |
18(g) On-Maintenance Period Provide 10 years maintenance to the streetscape works
for any non-standard pavement (within the verge) and road surface works and 12
months maintenance for any standard works. Rectify any defects identified at
the on-maintenance inspection and those arising during the on-maintenance
period. Timing: 10 years from acceptance of on-maintenance for any non-standard
pavement (within the verge) and road surface works and 12 months from
acceptance of on-maintenance for any standard works. |
As indicated |
18(h) Off-Maintenance
Acceptance On completion of the on-maintenance
period, arrange an off maintenance inspection with Development Services and
obtain written confirmation from Council that the work is accepted off-
maintenance. |
As indicated |
| 19) Landscape the Site - Self Certification Landscape the site in accordance with the requirements of this condition. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
19(a) Detailed Landscape Plan for Self
Certification Prepare a Detailed Landscape Plan at a scale of 1:100 for all on-site landscape works including planting areas identified on the approved DRAWINGS AND DOCUMENTS. The plan must be prepared by a Registered Landscape Architect and must comply with the relevant Brisbane Planning Scheme Codes. In addition to the requirements listed above, the plan must include the following: Deep planting areas · Deep planting areas as shown on the approved drawings, open to the sky and with no underground development including retaining wall footings. Containerised planting · Clear identification of the location, width and depth of containerised planting. · A reticulated irrigation system to all containerised planting areas, with drainage connected to the stormwater system; the irrigation system must be connected to a non- mains water source. External works · Confirmation, including details showing sectional width and footing design, that final design of structures including retaining walls and associated footings and drainage does not reduce the size of planting areas shown on the approved drawings. · Provision of maintenance taps for all garden areas, including 1 tap for any private courtyard. · Provision of maintenance access for all garden areas. Specifications · Plant selection and densities to achieve full surface coverage within 1 year of planting · Unless otherwise specified, trees provided as 45 litre stock or larger, staked and tied, and complying with Australian Standards · Mulch and soil to all garden areas to meet Australian Standards · Soil media ameliorated to increase water-holding abilities · Details of a 12 week establishment period. Timing: Prior to building work commencing.
|
As indicated |
19(b) Certify Detailed Landscape
Plan On completion of the Detailed Landscape Plan, submit to Development Services: · Brisbane City Council Form CC10616 - Landscape Design Certificate prepared by a Registered Landscape Architect to certify that the Detailed Landscape Plan complies with the requirements of this condition · A copy of the certified Detailed Landscape Plan. Timing: Prior to building work commencing. |
As indicated |
19(c) Implement Certified Detailed Landscape
Plan Carry out the landscape 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. |
As indicated |
19(d) Certify Work On completion of the landscape 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 landscape work complies with the certified Detailed Landscape Plan · A copy of the as- constructed certified Detailed Landscape Plan.
Timing: Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first.
|
As indicated |
19(e) Maintain Landscape Work Maintain the landscape work generally in accordance with the certified Detailed Landscape Plan.
Timing: To be maintained. |
As indicated |
| 20) Commercial Air Emissions
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; and · air emissions are not to cause an odour or air emission which is detectable and disturbing at a sensitive use.
|
Prior to the commencement of the use and then to be maintained |
| 21) Mechanical Ventilation Certification Mechanical ventilation and exhaust vents
associated with the approved Food and Drink Outlet use shall be designed and installed in accordance with relevant sections of
AS1668.2 -2012: The use
of ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
21(a) Submit Certification - Mechanical
Ventilation System - Food and Drink Outlet Submit to
Development Assessment certification that the exhaust vents and mechanical ventilation systems
associated with a Food and
Drink Outlet are installed in accordance
with AS1668.2 - 2012: The use of
ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 22) Hours of Operation The hours of operation for outdoor dining are limited to: · 06:00am to 12:00am (midnight) The hours of operation for any outdoor activities or uses involving amplified music are limited to: · 10:00am to 12:00am (midnight), daily The hours of operation for all uses wholly located indoors are limited to: · 06:00am to 03:00am, daily. GUIDELINE Note: People walking through and individually sitting within the outdoor space is accepted outside of the hours of 10am to 12am (midnight). No concregation of people or activities are to occur outside of 10am to 12am (midnight). |
As indicated |
| 23) Outdoor Speakers There is to be a limit of 9 outdoor speakers and 1 Performance speaker located as indicated in the Acoustic Report No.5455 Rep01.4, prepared by Air Noise Environment and dated 19 June 2019. These speakers can only operate during the hours of 10:00am to 12:00pm, daily. |
At all times |
| 24) Noise Attenuation - Amplified Music General
Limit A sound limiting device must be installed into the amplification system of the park area and all proposed commercial units (i.e. bar/restaurants) to ensure the BCC noise criteria for amplified music for this approval is achieved at nearby noise-sensitive places. |
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), and then to be maintained |
24(a) Certification 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 nightclub to achieve the
criteria. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 25) Dampening of Grilles And Metal Plates All metal grilles, metal plates or similar
subject to vehicular traffic must be acoustically damped to prevent
environmental nuisance. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 26) Plant and Equipment Certification 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
Assessment 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 27) Food and Drink Outlet Refuse Bin Washing
Facility Construct an on-site refuse bin washing facility for food and drink
outlet refuse bins. The area must be provided with a tap, paved with an
impervious material, graded and drained to sewer subject to the requirements
and recommendations of the Distributer Retailer
Authority. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 28) Retaining Walls Design and construct all
retaining walls and associated fences, in accordance with the relevant Brisbane
Planning Scheme Codes and including the following: |
As indicated |
28(a) Certification of Retaining
Walls 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. |
As indicated |
| 29) On-site Erosion (medium risk) Minimise on-site erosion and
the release of sediment or sediment laden stormwater from the site at all
times. |
As indicated |
29(a) Attend a Pre-Start
meeting 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 |
As indicated |
29(b) Implement Certified Erosion and
Sediment Control Plan 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. |
As indicated |
| 30) Maintenance Period for Engineering Work Maintain the work required by
the Engineering condition(s) imposed on this development approval and rectify
any defects in accordance with the requirements detailed in this condition. |
As indicated |
30(a) On-Maintenance Acceptance Arrange an on-maintenance
inspection with Development Services and obtain written confirmation from
Council that the work has been completed in accordance with the requirements of
the condition and is accepted on-maintenance. |
As indicated |
30(b) On-Maintenance Period Provide a minimum 12 months
maintenance to the work from the time the work is accepted on-maintenance by
Council. During this period maintain the work and rectify any defects
identified at the on-maintenance inspection and those arising during the on-
maintenance period.
Any non-standard pavement and road
surface works will require a 10 year On Maintenance
period. |
As indicated |
30(c) Off-Maintenance
Acceptance On
completion of the maintenance period arrange an off-maintenance inspection with
Development Services, and obtain written confirmation from Council that the
work is accepted off-maintenance. |
As indicated |
| 31) Information Signage 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; |
As indicated |
| 32) Construction Management Plan - Major Carry out development in accordance with a Construction Management Plan prepared in accordance with the requirements of this condition. |
While site/operational/building work is occurring |
32(a) Submit Construction Management
Plan 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. |
As indicated |
32(b) Construction Management Plan - Pre-
Start Meeting Arrange and attend a pre-start meeting with Development Services. |
As indicated |
32(c) Construction Management Plan -
Associated Activities in Road Reserve Obtain
relevant approvals to carry out any works required by the approved Construction
Management Plan, including the following, within the road reserve: |
As indicated |
32(d) Construction Management Plan -
Documentation on Site 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. |
As indicated |
32(e) Construction Management Plan - Works to
be Performed Out of Hours Obtain approval from Development Services for any
work that is proposed to be undertaken outside of normal business hours -
6:30am to 6:30pm, Monday to Saturday. |
As indicated |
32(f) Implement Approved Construction
Management Plan Carry
out the development in accordance with the approved Construction Management
Plan. |
As indicated |
| 33) Protect Existing Infrastructure 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. |
While site/operational/building work is occurring |
33(a) As Constructed Drawings 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. |
As indicated |
33(b) Submit Certification 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. |
As indicated |
| 34) Filling and / or Excavation (Minor) Filling and/or excavation
works on the site must be in accordance with the relevant Brisbane Planning
Scheme Codes. |
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) |
34(a) Prepare Earthworks
Drawings 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. |
As indicated |
34(b) Implement and Maintain the
Earthworks Carry
out and maintain the earthworks in accordance with the certified drawings. |
As indicated |
| 35) Repair Damage to Kerb, Footpath Or Road 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. |
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) |
35(a) Interim Repairs 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 |
As indicated |
| 36) Access, Grades, Manoeuvring, Carparks, Signs and
Line Marking 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: |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
36(a) Submit certification Submit to Development
Services, certification from a Registered Professional Engineer Queensland,
that the above requirements have been implemented in accordance with this
condition. |
As indicated |
| 37) Flood Resilient Materials All areas constructed below 4.4m AHD are to be constructed of flood resilient materials. |
As indicated |
| 38) Minimum Flood Planning Levels 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 required commercial / retail floor level must be 4.4m AHD, unless otherwise shown on the approved DRAWINGS AND DOCUMENTS. |
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), and then to be maintained |
38(a) Submit Certification 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. |
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), and then to be maintained |
| 39) Flood Emergency Management Plan Prepare, implement and maintain a Flood Emergency Management Plan (FEMP) in accordance with the requirements of this condition and include a requirement for the electricity to the Kiosk to be shut off/disconnected where essential services are below 5.7m AHD in the event of flooding and detail the procedure of how this is to be achieved. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
39(a) Prepare and Certify a Flood Emergency
Management Plan 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. |
As indicated |
39(b) Implement and Maintain the Certified
Flood Emergency Management Plan Implement and maintain the certified Flood Emergency
Management Plan. |
As indicated |
| 40) Refuse Collection - Kerb Side (external road or
internal private road) Refuse and recycling bins for the proposed development must be collected from the kerb side unless alternative refuse collection arrangements are made. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 41) Refuse Storage - Kerb Side Collection Provide a roofed and screened
waste enclosure to accommodate the type and quantity of waste/recycling bins
required to service the development. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 42) Work for Transport Network - Road (Non-trunk) -
External Construct the following roadwork with any associated drainage, footpath,
site access and services for the Transport Network (Road) shown on Plan –
Ground Level Proposed – Stage 1, Reference : A-110 Rev 1, dated
18/12/2019 as amended in red, in accordance with the relevant Brisbane Planning
Scheme Codes, the Manual of Uniform Traffic Control Devices - Queensland
Department of Transport and Main Roads - Transport Operations (Road Use
Management) Act 1995 and the AUSTROADS design standards: |
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) |
42(a) Submit Roadworks and Stormwater
Drainage Drawings Submit for the approval of Development Services Roadworks and Stormwater
Drainage Drawings prepared and certified by a Registered Professional Engineer
Queensland in accordance with the APPROVED DRAWINGS AND DOCUMENTS and the
relevant Brisbane Planning Scheme Codes.
To be lodged concurrently with Streetscape application. |
As indicated |
42(b) Submit Signs and Pavement
Drawings Submit for the approval of Development Services Signs and Pavement
Marking drawings prepared and certified by a Registered Professional Engineer
of Queensland in accordance with the APPROVED DRAWINGS AND DOCUMENTS and the
relevant Brisbane Planning Scheme Codes.
To be lodged concurrently with Streetscape application. |
As indicated |
42(c) Pre-Start Meeting Arrange and attend a
pre-start meeting with Development Services. |
As indicated |
42(d) Implement Approved
Drawings Construct the works in accordance with the above approved drawings. |
As indicated |
42(e) Submit As Constructed
Drawings Submit
to Development Services "As Constructed" drawings including an asset
register and a pre-On-Maintenance Inspection Checklist, prepared by a
Registered Professional Engineer Queensland. |
As indicated |
42(f) Submit Certification Submit to Development
Services certification from a Registered Professional Engineer Queensland,
confirming that the works have been completed in accordance with the above
approved drawings. |
As indicated |
| 43) Ponding of Stormwater 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. |
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) |
| 44) On Site Drainage - Minor 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 the existing lawful point of discharge. |
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), and then to be maintained |
44(a) Submit As Constructed
Drawings Where
reconfiguring a lot, submit to Development Services "As Constructed"
drawings prepared by a Registered Professional Engineer Queensland. |
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), and then to be maintained |
44(b) Submit Certification 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. |
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), and then to be maintained |
| 45) Service Conduits and Mains 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: Note:
- The cost of moving services, utilities and assets is the responsibility of
the Developer. The permission of the service, utility or asset owner will be
required. Council permission is required if street trees, stormwater
gullies/drains, and swales are affected. Queensland Urban Utilities permission
is required if water supply and sewerage services are affected
|
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) |
45(a) Submit As Constructed
Drawings Submit to Development Services "As
Constructed" drawings, including an asset register, prepared by a
Registered Professional Engineer Queensland. |
As indicated |
45(b) Submit Certification 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. |
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) |
| 46) Telecommunications 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: |
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) |
| 47) Agreement with Electricity Supplier 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. |
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) |
| 48) Height Clearance Fish Lane, the pick up/drop off and loading bays as shown on the Plan – Ground Level proposed – Stage 1, Reference: A- 110 Rev 1, dated 18/12/2019 as amended in red, are all to have a minimum height clearance of 4.5m between the finished road pavement level and the rail overpass. |
At all times |
| 49) Entertainment Venues & Events All events where the public
is invited or permitted to be present involving amusements or entertainments,
(e.g. football, function rooms, theatres, games etc)
are required to hold or obtain a current Entertainment Venue & Event
Licence pursuant to the Local Law (Entertainment Venues & Events) 1999. |
As indicated |
| 50) Food Hygiene 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. |
As indicated |
| 51) Further Development Permit required 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. |
As indicated |
| 52) Construction Noise and Dust Emissions 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. |
As indicated |
| 53) Plumbing and Drainage Work Pursuant to the Plumbing and
Drainage Act 2002, any plumbing and drainage work must be carried out in
compliance with the Standard Plumbing and Drainage Regulation. Compliance
assessable plumbing and drainage work requires approval by Brisbane City
Council prior to the work being carried out. |
As indicated |
| 54) Currency Period 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. |
As indicated |
| 55) Advice Please note that the information contained in this section under the heading Standard Advice has been provided as advice only and does not form part of the development approval conditions. This information has been provided to advise of other obligations under state legislation or local laws that may require action to be undertaken prior to commencing the activity approved by this development approval. |
As indicated |
| 56) Concurrence Agency Conditions The Department of State Development, Manufacturing, Infrastructure and Planning as concurrence agency has imposed the conditions contained in the letter dated 17 July 2019. |
As indicated |
| 57) Cultural Heritage 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). |
As indicated |
| 58) Contaminated Land Pursuant to the Environmental Protection Act 1994 in
relation to Contaminated Land, if the owner or occupier of land becomes aware a
notifiable activity is being carried out on the land, the owner or occupier
must, within 22 business days after becoming aware the activity is being
carried out, give notice to the relevant State administering authority in the
approved form. |
As indicated |
| 59) Trade Waste approval The discharge of waste liquids to the sewerage system
must be conducted in accordance with the conditions of a Trade Waste
Approval. |
As indicated |
| 60) Equitable Access 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. |
As indicated |
| 61) Damage to Trees on Adjoining Lots Please note that any damage caused to vegetation on adjoining lots as a result of exercising this development approval may result in civil action. |
As indicated |
| 62) Fire Ant Movement Controls 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. |
As indicated |
| 63) Water and Wastewater 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 approving plans of subdivision 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Material Change of Use |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Sate 1 B |
| 64) Approved Drawings and Documents 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. |
While site/operational/building work is occurring |
| 65) Carry Out the Approved Development Carry out the approved
development generally in accordance with the approved DRAWINGS AND
DOCUMENTS. |
While site/operational/building work is occurring and then to be maintained |
| 66) Complete All Building Work 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. |
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), and then to be maintained |
| 67) Maintain the Approved Development 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. |
To be maintained |
| 68) Demolish or Relocate Buildings Demolish or relocate
buildings/structures on the site in accordance with the approved DRAWINGS AND
DOCUMENTS and where applicable, the approved Construction Management Plan. The
removal of buildings/structures includes the removal of all existing concrete
slabs, foundations and footings. |
As indicated |
| 69) Staging Stage 1b is limited to the area nominated as Stage 1b on Town Square Staging Plan, Reference: TP00.00 B, received 13/11/2025.
Stage 1b cannot commence use until all conditions associated with Stage 1a have been complied with. |
As indicated |
| 70) Security Lighting 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 |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 71) External Details 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 72) Protect Adjoining Heritage Place Implement suitable protection measures to ensure that the adjoining heritage place is retained and protected. The protection measures must include but not be limited to protecting the footings, wall cladding and roof sheeting of the adjoining heritage place. Note: This development approval does not imply approval for any works on the adjoining heritage place. Timing: Prior to site / operational / building work commencing and while site / operational / building works is occurring |
As indicated |
| 73) Light Reflectivity and Solar (Heat)
Reflectivity Submit
to Development Services documentary evidence that: |
As indicated |
73(a) Install Glazing Install and maintain glazing in accordance with the
above specification. |
As indicated |
| 74) Awning Lighting System Install a lighting system to the underside of the proposed awning or affixed to the building façade over the footpath in accordance with the following: |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
74(a) Submit Lighting Plan Submit for the approval
of Asset Services a detailed Lighting Plan demonstrating that the awning
lighting complies with Australian Standard - AS/NZS 1158.3.1 -sub category
P6, within - Road Lighting Part 3.1: Pedestrian area (Category P)
lighting - Performance and installation design requirements and achieves glare
control to ensure zero candelas (cd) at 90 degrees. |
As indicated |
74(b) Implement Approved Lighting
Plan Carry
out the works in accordance with the approved Lighting Plan. |
As indicated |
74(c) Certification Submit to City Assets
certification from a licensed electrical contractor that the awning lighting
has been installed in accordance with the approved Lighting Plan. |
As indicated |
74(d) Maintain the Work Maintain the awning lighting,
(including operating costs) in accordance with the approved Lighting Plan from
dusk to dawn. |
As indicated |
| 75) Screen Air Conditioning and Other Plant
Enclosures 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 76) Retain and Protect Existing Street Tree(s) Identify, retain and protect
the existing street trees unless otherwise agreed in writing with Asset
Services. |
While site/operational/building work is occurring |
76(a) Implement Protection
Measures Install
tree protection measures in accordance with Australian Standard - AS4970
Retention of Trees on Development Site. |
As indicated |
76(b) Maintain Protection
Measures Maintain
protection measures while development is occurring and remove protection
measures prior to commencement of the use. |
As indicated |
| 77) Pedestrian Lighting Provide Pedestrian Lighting in accordance with the
requirements of this condition. GUIDELINE Note: This condition only applies to any new lighting along Fish Lane and/or Melbourne Street, and not to lighting within the privately-owned site. Note: To the extent there is any conflict between Council standards and Queensland Rail requirements for lighting beneath the railway overpath, Queensland Rail requirements prevail. |
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) |
77(a) Submit a Pedestrian Lighting
Design Submit
for the approval of Asset Services a detailed Pedestrian Lighting Design for
the full street frontage of the development, in accordance with the
following: |
As indicated |
77(b) Implement Approved Pedestrian Lighting
Design Install the lighting in accordance with the approved detailed Pedestrian
Lighting Design. |
As indicated |
77(c) Provide Certification of Connection and
Operation Provide
to Asset Services certification from a licensed electrical contractor that the
electrical connection has been installed in accordance with the approved
detailed Pedestrian Lighting Design and that the lighting is fully operational.
The certification must specify that the electrical installation has been tested
to ensure it is electrically safe and in accordance with the requirements of
Australian Standard - AS/NZS3000 Electrical installations known as the
Australian/New Zealand Wiring Rules and any other standard applying to the
electrical installation under the Electrical Safety Regulation 2002. |
As indicated |
77(d) On-Maintenance Acceptance Arrange an on-maintenance
inspection with Asset Services and obtain written confirmation that the works
have been accepted on-maintenance. |
As indicated |
77(e) On-Maintenance Period Provide 12 months maintenance
to the works from the time the works are accepted on-maintenance by Council.
During this period maintain the lighting and rectify any defects identified at
the on-maintenance inspection and those arising during the on-maintenance
period. |
As indicated |
77(f) Off-Maintenance
Acceptance On
completion of the on-maintenance period arrange an off-maintenance inspection
with Asset Services and obtain written confirmation by Council that the works
have been accepted off-maintenance. |
As indicated |
77(g) Obtain An Electrical
Connection Obtain an electrical connection from the electricity supplier / Enter
into an arrangement with the electricity supplier to service the approved
pedestrian lighting. |
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) |
| 78) Commercial Air Emissions
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; and · air emissions are not to cause an odour or air emission which is detectable and disturbing at a sensitive use. |
Prior to the commencement of the use and then to be maintained |
| 79) Mechanical Ventilation Certification Mechanical ventilation and exhaust vents
associated with the approved Food and Drink Outlet use shall be designed and installed in accordance with relevant sections of
AS1668.2 -2012: The use
of ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
79(a) Submit Certification - Mechanical
Ventilation System - Food and Drink Outlet Submit to
Development Assessment certification that the exhaust vents and mechanical ventilation systems
associated with a Food and
Drink Outlet are installed in accordance
with AS1668.2 - 2012: The use of
ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 80) Hours of Operation The hours of operation for outdoor dining are limited to: · 06:00am to 12:00am (midnight), daily. The hours of operation for all uses wholly located indoors are limited to: · 06:00am to 03:00am, daily. |
As indicated |
| 81) Outdoor Speakers There is to be no outdoor speakers located on the roof top area as indicated in the Acoustic Report No.5455 Rep01.4, prepared by Air Noise Environment and dated 19 June 2019. |
At all times |
| 82) Noise Attenuation - Amplified Music General
Limit A sound limiting device must be installed into the amplification system of all proposed commercial units (i.e. bar/restaurants) to ensure the BCC noise criteria for amplified music for this approval is achieved at nearby noise- sensitive places. |
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), and then to be maintained |
82(a) Certification 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 nightclub to achieve the
criteria. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 83) Dampening of Grilles And Metal Plates All metal grilles, metal plates or similar
subject to vehicular traffic must be acoustically damped to prevent
environmental nuisance. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 84) Plant and Equipment Certification 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
Assessment 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 85) Food and Drink Outlet Refuse Bin Washing
Facility Construct an on-site refuse bin washing facility for food and drink
outlet refuse bins. The area must be provided with a tap, paved with an
impervious material, graded and drained to sewer subject to the requirements
and recommendations of the Distributer Retailer
Authority. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 86) Retaining Walls Design and construct all
retaining walls and associated fences, in accordance with the relevant Brisbane
Planning Scheme Codes and including the following: |
As indicated |
86(a) Certification of Retaining
Walls 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. |
As indicated |
| 87) On-site Erosion (medium risk) Minimise on-site erosion and
the release of sediment or sediment laden stormwater from the site at all
times. |
As indicated |
87(a) Attend a Pre-Start
meeting 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 |
As indicated |
87(b) Implement Certified Erosion and
Sediment Control Plan 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. |
As indicated |
| 88) Maintenance Period for Engineering Work Maintain the work required by
the Engineering condition(s) imposed on this development approval and rectify
any defects in accordance with the requirements detailed in this condition. |
As indicated |
88(a) On-Maintenance Acceptance Arrange an on-maintenance
inspection with Development Services and obtain written confirmation from
Council that the work has been completed in accordance with the requirements of
the condition and is accepted on-maintenance. |
As indicated |
88(b) On-Maintenance Period Provide a
minimum 12 months maintenance to the work from the time the work is
accepted on-maintenance by Council. During this period maintain the work and
rectify any defects identified at the on-maintenance inspection and those
arising during the on-maintenance period. |
As indicated |
88(c) Off-Maintenance
Acceptance On
completion of the maintenance period arrange an off-maintenance inspection with
Development Services, and obtain written confirmation from Council that the
work is accepted off-maintenance. |
As indicated |
| 89) Information Signage 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; |
As indicated |
| 90) Construction Management Plan - Major Carry out development in accordance with a Construction Management Plan prepared in accordance with the requirements of this condition. |
While site/operational/building work is occurring |
90(a) Submit Construction Management
Plan 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. |
As indicated |
90(b) Construction Management Plan - Pre-
Start Meeting Arrange and attend a pre-start meeting with Development Services. |
As indicated |
90(c) Construction Management Plan -
Associated Activities in Road Reserve Obtain
relevant approvals to carry out any works required by the approved Construction
Management Plan, including the following, within the road reserve: |
As indicated |
90(d) Construction Management Plan -
Documentation on Site 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. |
As indicated |
90(e) Construction Management Plan - Works to
be Performed Out of Hours Obtain approval from Development Services for any
work that is proposed to be undertaken outside of normal business hours -
6:30am to 6:30pm, Monday to Saturday. |
As indicated |
90(f) Implement Approved Construction
Management Plan Carry
out the development in accordance with the approved Construction Management
Plan. |
As indicated |
| 91) Protect Existing Infrastructure 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. |
While site/operational/building work is occurring |
91(a) As Constructed Drawings 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. |
As indicated |
91(b) Submit Certification 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. |
As indicated |
| 92) Filling and / or Excavation (Minor) Filling and/or excavation
works on the site must be in accordance with the relevant Brisbane Planning
Scheme Codes. |
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) |
92(a) Prepare Earthworks
Drawings 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. |
As indicated |
92(b) Implement and Maintain the
Earthworks Carry
out and maintain the earthworks in accordance with the certified drawings. |
As indicated |
| 93) Repair Damage to Kerb, Footpath Or Road 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. |
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) |
93(a) Interim Repairs 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 |
As indicated |
| 94) Flood Resilient Materials All areas constructed below 4.4m AHD are to be constructed of flood resilient materials. |
As indicated |
| 95) Minimum Flood Planning Levels 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 required commercial / retail floor level must be 4.4m AHD, unless otherwise shown on the approved drawings and documents. The minimum floor level for essential services must be 5.7m AHD. |
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), and then to be maintained |
95(a) Submit Certification 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. |
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), and then to be maintained |
| 96) Flood Emergency Management Plan Prepare, implement and maintain a Flood Emergency
Management Plan (FEMP) in accordance with the requirements of this
condition. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
96(a) Prepare and Certify a Flood Emergency
Management Plan 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. |
As indicated |
96(b) Implement and Maintain the Certified
Flood Emergency Management Plan Implement and maintain the certified Flood Emergency
Management Plan. |
As indicated |
| 97) Refuse Collection - Kerb Side (external road or
internal private road) Refuse and recycling bins for the proposed development must be collected from the kerb side unless alternative refuse collection arrangements are made. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 98) Refuse Storage - Kerb Side Collection Provide a roofed and screened
waste enclosure to accommodate the type and quantity of waste/recycling bins
required to service the development. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 99) Ponding of Stormwater 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. |
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) |
| 100) On Site Drainage - Minor 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 the existing lawful point of discharge. |
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), and then to be maintained |
100(a) Submit As Constructed
Drawings Where
reconfiguring a lot, submit to Development Services "As Constructed"
drawings prepared by a Registered Professional Engineer Queensland. |
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), and then to be maintained |
100(b) Submit Certification 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. |
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), and then to be maintained |
| 101) Service Conduits and Mains 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: Note:
- The cost of moving services, utilities and assets is the responsibility of
the Developer. The permission of the service, utility or asset owner will be
required. Council permission is required if street trees, stormwater
gullies/drains, and swales are affected. Queensland Urban Utilities permission
is required if water supply and sewerage services are affected
|
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) |
101(a) Submit As Constructed
Drawings Submit to Development Services "As
Constructed" drawings, including an asset register, prepared by a
Registered Professional Engineer Queensland. |
As indicated |
101(b) Submit Certification 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. |
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) |
| 102) Telecommunications 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: |
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) |
| 103) Agreement with Electricity Supplier 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. |
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) |
| 104) Entertainment Venues & Events All events where the public
is invited or permitted to be present involving amusements or entertainments,
(e.g. football, function rooms, theatres, games etc)
are required to hold or obtain a current Entertainment Venue & Event
Licence pursuant to the Local Law (Entertainment Venues & Events) 1999. |
As indicated |
| 105) Food Hygiene 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. |
As indicated |
| 106) Further Development Permit required 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. |
As indicated |
| 107) Construction Noise and Dust Emissions 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. |
As indicated |
| 108) Plumbing and Drainage Work Pursuant to the Plumbing and
Drainage Act 2002, any plumbing and drainage work must be carried out in
compliance with the Standard Plumbing and Drainage Regulation. Compliance
assessable plumbing and drainage work requires approval by Brisbane City
Council prior to the work being carried out. |
As indicated |
| 109) Currency Period 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. |
As indicated |
| 110) Advice Please note that the information contained in this section under the heading Standard Advice has been provided as advice only and does not form part of the development approval conditions. This information has been provided to advise of other obligations under state legislation or local laws that may require action to be undertaken prior to commencing the activity approved by this development approval. |
As indicated |
| 111) Concurrence Agency Conditions The Department of State Development, Manufacturing, Infrastructure and Planning as concurrence agency has imposed the conditions contained in the letter dated 17 July 2019. |
As indicated |
| 112) Cultural Heritage 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). |
As indicated |
| 113) Contaminated Land Pursuant to the Environmental Protection Act 1994 in
relation to Contaminated Land, if the owner or occupier of land becomes aware a
notifiable activity is being carried out on the land, the owner or occupier
must, within 22 business days after becoming aware the activity is being
carried out, give notice to the relevant State administering authority in the
approved form. |
As indicated |
| 114) Trade Waste approval The discharge of waste liquids to the sewerage system
must be conducted in accordance with the conditions of a Trade Waste
Approval. |
As indicated |
| 115) Equitable Access 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. |
As indicated |
| 116) Damage to Trees on Adjoining Lots Please note that any damage caused to vegetation on adjoining lots as a result of exercising this development approval may result in civil action. |
As indicated |
| 117) Fire Ant Movement Controls 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. |
As indicated |
| 118) Water and Wastewater 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 approving plans of subdivision 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Material Change of Use |
| Activity(ies): | bar community use food and drink outlet office shop hotel Heritage Place (QHP) park function facility |
| Stage: | Stage 1 C |
| 119) Approved Drawings and Documents 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. |
While site/operational/building work is occurring |
| 120) Carry Out the Approved Development Carry out the approved
development generally in accordance with the approved DRAWINGS AND
DOCUMENTS. |
While site/operational/building work is occurring and then to be maintained |
| 121) Complete All Building Work 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. |
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), and then to be maintained |
| 122) Maintain the Approved Development 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. |
To be maintained |
| 123) Demolish or Relocate Buildings Demolish or relocate
buildings/structures on the site in accordance with the approved DRAWINGS AND
DOCUMENTS and where applicable, the approved Construction Management Plan. The
removal of buildings/structures includes the removal of all existing concrete
slabs, foundations and footings. |
As indicated |
| 124) Staging Stage 1c is limited to the area nominated as Stage 1c on Town Square Staging Plan, Reference: TP00.00 B, received 13/11/2025. Stage 1c cannot commence use until all conditions associated with Stage 1a have been complied with. |
As indicated |
| 125) Security Lighting 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 |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 126) External Details 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 127) Protect Adjoining Heritage Place Implement suitable protection measures to ensure that the adjoining heritage place is retained and protected. The protection measures must include but not be limited to protecting the footings, wall cladding and roof sheeting of the adjoining heritage place. Note: This development approval does not imply approval for any works on the adjoining heritage place. Timing: Prior to site / operational / building work commencing and while site / operational / building works is occurring |
As indicated |
| 128) Light Reflectivity and Solar (Heat)
Reflectivity Submit
to Development Services documentary evidence that: |
As indicated |
128(a) Install Glazing Install and maintain glazing in accordance with the
above specification. |
As indicated |
| 129) Screen Air Conditioning and Other Plant
Enclosures 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 130) Pedestrian Lighting Provide Pedestrian Lighting in accordance with the
requirements of this condition. GUIDELINE Note: This condition only applies to any new lighting along Fish Lane and/or Melbourne Street, and not to lighting within the privately-owned site. Note: To the extent there is any conflict between Council standards and Queensland Rail requirements for lighting beneath the railway overpath, Queensland Rail requirements prevail. |
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) |
130(a) Submit a Pedestrian Lighting
Design Submit
for the approval of Asset Services a detailed Pedestrian Lighting Design for
the full street frontage of the development, in accordance with the
following: |
As indicated |
130(b) Implement Approved Pedestrian Lighting
Design Install the lighting in accordance with the approved detailed Pedestrian
Lighting Design. |
As indicated |
130(c) Provide Certification of Connection
and Operation Provide
to Asset Services certification from a licensed electrical contractor that the
electrical connection has been installed in accordance with the approved
detailed Pedestrian Lighting Design and that the lighting is fully operational.
The certification must specify that the electrical installation has been tested
to ensure it is electrically safe and in accordance with the requirements of
Australian Standard - AS/NZS3000 Electrical installations known as the
Australian/New Zealand Wiring Rules and any other standard applying to the
electrical installation under the Electrical Safety Regulation 2002. |
As indicated |
130(d) On-Maintenance
Acceptance Arrange
an on-maintenance inspection with Asset Services and obtain written
confirmation that the works have been accepted on-maintenance. |
As indicated |
130(e) On-Maintenance Period Provide 12 months maintenance
to the works from the time the works are accepted on-maintenance by Council.
During this period maintain the lighting and rectify any defects identified at
the on-maintenance inspection and those arising during the on-maintenance
period. |
As indicated |
130(f) Off-Maintenance
Acceptance On
completion of the on-maintenance period arrange an off-maintenance inspection
with Asset Services and obtain written confirmation by Council that the works
have been accepted off-maintenance. |
As indicated |
130(g) Obtain An Electrical
Connection Obtain an electrical connection from the electricity supplier / Enter
into an arrangement with the electricity supplier to service the approved
pedestrian lighting. |
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) |
| 131) Commercial Air Emissions
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; and · air emissions are not to cause an odour or air emission which is detectable and disturbing at a sensitive use. |
Prior to the commencement of the use and then to be maintained |
| 132) Mechanical Ventilation Certification Mechanical ventilation and exhaust vents
associated with the approved Food and Drink Outlet use shall be designed and installed in accordance with relevant sections of
AS1668.2 -2012: The use
of ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
132(a) Submit Certification - Mechanical
Ventilation System - Food and Drink Outlet Submit to
Development Assessment certification that the exhaust vents and mechanical ventilation systems
associated with a Food and
Drink Outlet are installed in accordance
with AS1668.2 - 2012: The use of
ventilation and air conditioning in buildings - Mechanical ventilation in
buildings. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 133) Hours of Operation The hours of operation for outdoor dining are limited to: · & nbsp; 06:00am to 12:00am (midnight), daily The hours of operation for all uses are limited to: · & nbsp; 06:00am to 03:00am, daily and are to be wholly located in doors with the exception of the above outdoor dining. |
As indicated |
| 134) Outdoor Speakers There is to be a limit of 9 outdoor speakers and 1 performance speaker located as indicated in the Acoustic Report No.5455 Rep01.4, prepared by Air Noise Environment and dated 19 June 2019. |
At all times |
| 135) Noise Attenuation - Amplified Music General
Limit A sound limiting device must be installed into the amplification system of all proposed commercial units (i.e. bar/restaurants) to ensure the BCC noise criteria for amplified music for this approval is achieved at nearby noise- sensitive places. |
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), and then to be maintained |
135(a) Certification 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 nightclub to achieve the
criteria. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 136) Dampening of Grilles And Metal Plates All metal grilles, metal plates or similar
subject to vehicular traffic must be acoustically damped to prevent
environmental nuisance. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first |
| 137) Plant and Equipment Certification 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
Assessment 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 138) Food and Drink Outlet Refuse Bin Washing
Facility Construct an on-site refuse bin washing facility for food and drink
outlet refuse bins. The area must be provided with a tap, paved with an
impervious material, graded and drained to sewer subject to the requirements
and recommendations of the Distributer Retailer
Authority. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 139) Retaining Walls Design and construct all
retaining walls and associated fences, in accordance with the relevant Brisbane
Planning Scheme Codes and including the following: |
As indicated |
139(a) Certification of Retaining
Walls 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. |
As indicated |
| 140) On-site Erosion (medium risk) Minimise on-site erosion and
the release of sediment or sediment laden stormwater from the site at all
times. |
As indicated |
140(a) Attend a Pre-Start
meeting 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 |
As indicated |
140(b) Implement Certified Erosion and
Sediment Control Plan 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. |
As indicated |
| 141) Maintenance Period for Engineering Work Maintain the work required by
the Engineering condition(s) imposed on this development approval and rectify
any defects in accordance with the requirements detailed in this condition. |
As indicated |
141(a) On-Maintenance
Acceptance Arrange
an on-maintenance inspection with Development Services and obtain written
confirmation from Council that the work has been completed in accordance with
the requirements of the condition and is accepted on-maintenance. |
As indicated |
141(b) On-Maintenance Period Provide a
minimum 12 months maintenance to the work from the time the work is
accepted on-maintenance by Council. During this period maintain the work and
rectify any defects identified at the on-maintenance inspection and those
arising during the on-maintenance period. |
As indicated |
141(c) Off-Maintenance
Acceptance On
completion of the maintenance period arrange an off-maintenance inspection with
Development Services, and obtain written confirmation from Council that the
work is accepted off-maintenance. |
As indicated |
| 142) Information Signage 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; |
As indicated |
| 143) Construction Management Plan - Major Carry out development in accordance with a Construction Management Plan prepared in accordance with the requirements of this condition. |
While site/operational/building work is occurring |
143(a) Submit Construction Management
Plan 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. |
As indicated |
143(b) Construction Management Plan - Pre-
Start Meeting Arrange and attend a pre-start meeting with Development Services. |
As indicated |
143(c) Construction Management Plan -
Associated Activities in Road Reserve Obtain
relevant approvals to carry out any works required by the approved Construction
Management Plan, including the following, within the road reserve: |
As indicated |
143(d) Construction Management Plan -
Documentation on Site 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. |
As indicated |
143(e) Construction Management Plan - Works
to be Performed Out of Hours Obtain approval from Development Services for any
work that is proposed to be undertaken outside of normal business hours -
6:30am to 6:30pm, Monday to Saturday. |
As indicated |
143(f) Implement Approved Construction
Management Plan Carry
out the development in accordance with the approved Construction Management
Plan. |
As indicated |
| 144) Protect Existing Infrastructure 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. |
While site/operational/building work is occurring |
144(a) As Constructed Drawings 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. |
As indicated |
144(b) Submit Certification 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. |
As indicated |
| 145) Filling and / or Excavation (Minor) Filling and/or excavation
works on the site must be in accordance with the relevant Brisbane Planning
Scheme Codes. |
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) |
145(a) Prepare Earthworks
Drawings 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. |
As indicated |
145(b) Implement and Maintain the
Earthworks Carry
out and maintain the earthworks in accordance with the certified drawings. |
As indicated |
| 146) Repair Damage to Kerb, Footpath Or Road 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. |
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) |
146(a) Interim Repairs 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 |
As indicated |
| 147) Flood Resilient Materials All areas constructed below 4.4m AHD are to be constructed of flood resilient materials. |
As indicated |
| 148) Minimum Flood Planning Levels 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 required commercial / retail floor level must be 4.4m AHD, unless otherwise shown on the APPROVED DRAWINGS AND DOCUMENTS. The minimum floor level for essential services must be 5.7m AHD. |
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), and then to be maintained |
148(a) Submit Certification 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. |
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), and then to be maintained |
| 149) Flood Emergency Management Plan Prepare, implement and maintain a Flood Emergency
Management Plan (FEMP) in accordance with the requirements of this
condition. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
149(a) Prepare and Certify a Flood Emergency
Management Plan 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. |
As indicated |
149(b) Implement and Maintain the Certified
Flood Emergency Management Plan Implement and maintain the certified Flood Emergency
Management Plan. |
As indicated |
| 150) Refuse Collection - Kerb Side (external road or
internal private road) Refuse and recycling bins for the proposed development must be collected from the kerb side unless alternative refuse collection arrangements are made. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 151) Refuse Storage - Kerb Side Collection Provide a roofed and screened
waste enclosure to accommodate the type and quantity of waste/recycling bins
required to service the development. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 152) Ponding of Stormwater 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. |
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) |
| 153) On Site Drainage - Minor 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 the existing lawful point of discharge. |
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), and then to be maintained |
153(a) Submit As Constructed
Drawings Where
reconfiguring a lot, submit to Development Services "As Constructed"
drawings prepared by a Registered Professional Engineer Queensland. |
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), and then to be maintained |
153(b) Submit Certification 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. |
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), and then to be maintained |
| 154) Service Conduits and Mains 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: Note:
- The cost of moving services, utilities and assets is the responsibility of
the Developer. The permission of the service, utility or asset owner will be
required. Council permission is required if street trees, stormwater
gullies/drains, and swales are affected. Queensland Urban Utilities permission
is required if water supply and sewerage services are affected
|
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) |
154(a) Submit As Constructed
Drawings Submit to Development Services "As
Constructed" drawings, including an asset register, prepared by a
Registered Professional Engineer Queensland. |
As indicated |
154(b) Submit Certification 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. |
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) |
| 155) Telecommunications 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: |
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) |
| 156) Agreement with Electricity Supplier 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. |
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) |
| 157) Entertainment Venues & Events All events where the public
is invited or permitted to be present involving amusements or entertainments,
(e.g. football, function rooms, theatres, games etc)
are required to hold or obtain a current Entertainment Venue & Event
Licence pursuant to the Local Law (Entertainment Venues & Events) 1999. |
As indicated |
| 158) Food Hygiene 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. |
As indicated |
| 159) Further Development Permit required 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. |
As indicated |
| 160) Construction Noise and Dust Emissions 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. |
As indicated |
| 161) Plumbing and Drainage Work Pursuant to the Plumbing and
Drainage Act 2002, any plumbing and drainage work must be carried out in
compliance with the Standard Plumbing and Drainage Regulation. Compliance
assessable plumbing and drainage work requires approval by Brisbane City
Council prior to the work being carried out. |
As indicated |
| 162) Currency Period 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. |
As indicated |
| 163) Advice Please note that the information contained in this section under the heading Standard Advice has been provided as advice only and does not form part of the development approval conditions. This information has been provided to advise of other obligations under state legislation or local laws that may require action to be undertaken prior to commencing the activity approved by this development approval. |
As indicated |
| 164) Concurrence Agency Conditions The Department of State Development, Manufacturing, Infrastructure and Planning as concurrence agency has imposed the conditions contained in the letter dated 17 July 2019. |
As indicated |
| 165) Cultural Heritage 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). |
As indicated |
| 166) Contaminated Land Pursuant to the Environmental Protection Act 1994 in
relation to Contaminated Land, if the owner or occupier of land becomes aware a
notifiable activity is being carried out on the land, the owner or occupier
must, within 22 business days after becoming aware the activity is being
carried out, give notice to the relevant State administering authority in the
approved form. |
As indicated |
| 167) Trade Waste approval The discharge of waste liquids to the sewerage system
must be conducted in accordance with the conditions of a Trade Waste
Approval. |
As indicated |
| 168) Equitable Access 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. |
As indicated |
| 169) Damage to Trees on Adjoining Lots Please note that any damage caused to vegetation on adjoining lots as a result of exercising this development approval may result in civil action. |
As indicated |
| 170) Fire Ant Movement Controls 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. |
As indicated |
| 171) Water and Wastewater 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 approving plans of subdivision 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Material Change of Use |
| Activity(ies): | park Heritage Place (QHP) hotel bar food and drink outlet function facility |
| Stage: | 2 |
| 172) Hours of Operation Hours of operation for the approved development must be in accordance with the following: - 7:00AM (07:00 hrs) to 12:00Midnight (24:00 hrs) |
At all times |
| 173) Approved Drawings and Documents 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. |
While site/operational/building work is occurring |
| 174) Carry Out the Approved Development Carry out the approved
development generally in accordance with the approved DRAWINGS AND
DOCUMENTS. |
While site/operational/building work is occurring and then to be maintained |
| 175) Complete All Building Work 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. |
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), and then to be maintained |
| 176) Maintain the Approved Development 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. |
To be maintained |
| 177) Demolish or Relocate Buildings Demolish or relocate
buildings/structures on the site in accordance with the approved DRAWINGS AND
DOCUMENTS and where applicable, the approved Construction Management Plan. The
removal of buildings/structures includes the removal of all existing concrete
slabs, foundations and footings. |
As indicated |
| 178) Landscaping of Vacant Site If construction for the
approved development does not commence within 3 months of the demolition of the
existing building(s) on site, the site must be landscaped in accordance with a
landscape drawing that has been submitted to and approved by Development
Services. |
As indicated |
| 179) Staging Stage 2 is limited to the area nominated as Stage 2 on Town Square Staging Plan, Reference: TP00.00 B, received 13/11/2025. Stage 2 cannot commence use until all conditions associated with Stage 1a have been complied with. |
As indicated |
| 180) Security Lighting 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 |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 181) Limitation of the Approval Town Square Stage 2 is to be constructed and maintained until the commencement of site works associated with carrying out development approval A006791272. |
To be maintained |
| 182) External Details 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. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 183) Protect Adjoining Heritage Place Implement suitable protection measures to ensure that the adjoining heritage place is retained and protected. The protection measures must include but not be limited to protecting the footings, wall cladding and roof sheeting of the adjoining heritage place. Note: This development approval does not imply approval for any works on the adjoining heritage place. Timing: Prior to site / operational / building work commencing and while site / operational / building works is occurring |
As indicated |
| 184) Landscape the Site - Self Certification Landscape the site in accordance with the requirements of this condition. |
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
184(a) Detailed Landscape Plan for Self-
Certification Prepare a Detailed Landscape Plan at a scale of 1:100 for all on-site landscape works including planting areas identified on the approved DRAWINGS AND DOCUMENTS. The plan must be prepared by a Qualified Landscape Architect and must comply with the relevant Brisbane Planning Scheme Codes. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first. PROOF OF FULFILMENT A detailed landscape plan accompanied by Brisbane City Council Landscape design and landscape works online form. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first. |
As indicated |
184(b) Certify Detailed Landscape
Plan On completion of the Detailed Landscape Plan, submit to Development Services a landscape design certification via the Landscape Design and Landscape Works Certification online form. Design certification is to be prepared by a Qualified Landscape Architect, certifying that the Detailed Landscape Plan complies with the requirements of this condition. The Certification must include a copy of the:
NOTE: The landscape design and landscape works certification online form can be found by searching development application forms on Council's website. Timing: Prior to building work commencing. PROOF OF FULFILMENT A copy of the landscape design certification form and certified detailed landscape plan |
As indicated |
184(c) Implement Certified Detailed Landscape
Plan Carry out the landscape work in accordance with the above certified detailed Landscape Plan. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first. |
As indicated |
184(d) Certify Work On completion of the landscape work, submit a Landscape Works Certification via the Landscape Design and Landscape Works Certification online form. The landscape works certification is to be prepared by a Qualified Landscape Architect, certifying that the landscape works comply with the certified Detailed Landscape Plan. The certification must include:
- a copy of the as-constructed landscape drawings. - Photos of installed landscaping.
NOTE: The landscape design and landscape works certification online form can be found by searching development application forms on Council's website. Timing: Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first. PROOF OF FULFILMENT A copy of the Landscape works certification form, a copy of the as-constructed landscape drawings, photos of installed landscaping, confirmation in writing from the landscape contractor who completed the works, that the works were completed in accordance with best practice landscape construction and horticultural standards. |
As indicated |
184(e) Maintain Landscape Work Maintain the landscape work, including deep planting, in accordance with the certified Detailed Landscape Plan. Timing: To be maintained. |
As indicated |
| 185) Plant and Equipment Certification Submit to Development Services certification that the installation of all mechanical plant and equipment (e.g. air conditioning, mechanical ventilation and refrigeration equipment and heat pump hot water systems), is adequately noise-attenuated and is in accordance with the criteria of the relevant Brisbane Planning Scheme Codes. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 186) Speakers There is to be a limit of four (4)
outdoor speakers as indicated in the NOISE IMPACT ASSESSMENT TOWN SQUARE STAGE
2 prepared by MWA dated 21/5/25, Ref: 25052, received 06/06/2025. These
speakers can only operate during the approved hours of operation for the
development being 7:00AM (07:00 hrs) to 12:00Midnight (24:00 hrs).
|
At all times |
| 187) Noise Attenuation - Amplified Music General
Limit A sound limiting device must be installed into the amplification system of the approved development, to ensure that the noise planning criteria (City Plan Centre or Mixed-Use Code PO1) are achieved at noise-sensitive places. |
At all times |
| 188) Retaining Walls Design and construct all
retaining walls and associated fences, in accordance with the relevant Brisbane
Planning Scheme Codes and including the following: |
As indicated |
188(a) Certification of Retaining
Walls 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. |
As indicated |
| 189) On-site Erosion (medium risk) Minimise on-site erosion and
the release of sediment or sediment laden stormwater from the site at all
times. |
As indicated |
189(a) Attend a Pre-Start
meeting 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 |
As indicated |
189(b) Implement Certified Erosion and
Sediment Control Plan 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. |
As indicated |
| 190) Maintenance Period for Engineering Work Maintain the work required by
the Engineering condition(s) imposed on this development approval and rectify
any defects in accordance with the requirements detailed in this condition. |
As indicated |
190(a) On-Maintenance
Acceptance Arrange
an on-maintenance inspection with Development Services and obtain written
confirmation from Council that the work has been completed in accordance with
the requirements of the condition and is accepted on-maintenance. |
As indicated |
190(b) On-Maintenance Period Provide a
minimum 12 months maintenance to the work from the time the work is
accepted on-maintenance by Council. During this period maintain the work and
rectify any defects identified at the on-maintenance inspection and those
arising during the on-maintenance period. |
As indicated |
190(c) Off-Maintenance
Acceptance On
completion of the maintenance period arrange an off-maintenance inspection with
Development Services, and obtain written confirmation from Council that the
work is accepted off-maintenance. |
As indicated |
| 191) Information Signage 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; |
As indicated |
| 192) Construction Management Plan - Major Carry out development in accordance with a Construction Management Plan prepared in accordance with the requirements of this condition. |
While site/operational/building work is occurring |
192(a) Submit Construction Management
Plan 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. |
As indicated |
192(b) Construction Management Plan - Pre-
Start Meeting Arrange and attend a pre-start meeting with Development Services. |
As indicated |
192(c) Construction Management Plan -
Associated Activities in Road Reserve Obtain
relevant approvals to carry out any works required by the approved Construction
Management Plan, including the following, within the road reserve: |
As indicated |
192(d) Construction Management Plan -
Documentation on Site 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. |
As indicated |
192(e) Construction Management Plan - Works
to be Performed Out of Hours Obtain approval from Development Services for any
work that is proposed to be undertaken outside of normal business hours -
6:30am to 6:30pm, Monday to Saturday. |
As indicated |
192(f) Implement Approved Construction
Management Plan Carry
out the development in accordance with the approved Construction Management
Plan. |
As indicated |
| 193) Protect Existing Infrastructure 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. |
While site/operational/building work is occurring |
193(a) As Constructed Drawings 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. |
As indicated |
193(b) Submit Certification 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. |
As indicated |
| 194) Filling and / or Excavation (Minor) Filling and/or excavation
works on the site must be in accordance with the relevant Brisbane Planning
Scheme Codes. |
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) |
194(a) Prepare Earthworks
Drawings 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. |
As indicated |
194(b) Implement and Maintain the
Earthworks Carry
out and maintain the earthworks in accordance with the certified drawings. |
As indicated |
| 195) Repair Damage to Kerb, Footpath Or Road 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. |
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) |
195(a) Interim Repairs 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 |
As indicated |
| 196) Self-Certified Structural Design in Flood Planning
Areas Structural works within the following Flood Planning Areas must be
designed and constructed by a Registered Professional Engineer Queensland
(Structural). The RPEQ (Structural) must certify that the works are
structurally adequate to resist mobility by hydrostatic, hydrodynamic and
debris impact loads associated with flooding: 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). Timing: Prior to obtaining building approval from a Private Building Certifier. PROOF OF
FULFILMENT Certification from a Registered Professional Engineer Queensland (Structural) that the development has been designed and constructed in accordance with this condition. Timing: Prior to obtaining building approval from a Private Building Certifier. |
As indicated |
| 197) Flood Emergency Management Plan Prepare, implement and maintain a Flood Emergency Management Plan (FEMP) in accordance with the requirements of this condition. Note: Guidance for the preparation of drawings and/or documents to comply with this condition is provided in the Flood Planning Scheme Policies. |
Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
197(a) Prepare and Certify a Flood Emergency
Management Plan Submit to Development Services a Flood Emergency Management Plan (FEMP) for the approved development prepared and certified by a Registered Professional Engineer Queensland with experience in flood risk management. Timing: Prior to issue of Certificate of Occupancy/Final Inspection. |
As indicated |
| 198) Refuse Collection - Kerb Side (external road or
internal private road) Refuse and recycling bins for the proposed development must be collected from the kerb side unless alternative refuse collection arrangements are made. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 199) Refuse Storage - Kerb Side Collection Provide a roofed and screened waste enclosure to accommodate the type and quantity of waste/recycling bins required to service the development. |
Prior to issue of Certificate of Classification/Final Inspection Certificate or prior to commencement of use, whichever comes first, and then to be maintained |
| 200) Ponding of Stormwater 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. |
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) |
| 201) On Site Drainage - Minor 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 the existing lawful point of discharge. |
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), and then to be maintained |
201(a) Submit As Constructed
Drawings Where
reconfiguring a lot, submit to Development Services "As Constructed"
drawings prepared by a Registered Professional Engineer Queensland. |
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), and then to be maintained |
201(b) Submit Certification 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. |
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), and then to be maintained |
| 202) Service Conduits and Mains 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: Note:
- The cost of moving services, utilities and assets is the responsibility of
the Developer. The permission of the service, utility or asset owner will be
required. Council permission is required if street trees, stormwater
gullies/drains, and swales are affected. Queensland Urban Utilities permission
is required if water supply and sewerage services are affected
|
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) |
202(a) Submit As Constructed
Drawings Submit to Development Services "As
Constructed" drawings, including an asset register, prepared by a
Registered Professional Engineer Queensland. |
As indicated |
202(b) Submit Certification 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. |
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) |
| 203) Telecommunications 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: |
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) |
| 204) Agreement with Electricity Supplier 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. |
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) |
| 205) Entertainment Venues & Events All events where the public
is invited or permitted to be present involving amusements or entertainments,
(e.g. football, function rooms, theatres, games etc)
are required to hold or obtain a current Entertainment Venue & Event
Licence pursuant to the Local Law (Entertainment Venues & Events) 1999. |
As indicated |
| 206) Food Hygiene 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. |
As indicated |
| 207) Further Development Permit required 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. |
As indicated |
| 208) Construction Noise and Dust Emissions 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. |
As indicated |
| 209) Plumbing and Drainage Work Pursuant to the Plumbing and
Drainage Act 2002, any plumbing and drainage work must be carried out in
compliance with the Standard Plumbing and Drainage Regulation. Compliance
assessable plumbing and drainage work requires approval by Brisbane City
Council prior to the work being carried out. |
As indicated |
| 210) Currency Period 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. |
As indicated |
| 211) Advice Please note that the information contained in this section under the heading Standard Advice has been provided as advice only and does not form part of the development approval conditions. This information has been provided to advise of other obligations under state legislation or local laws that may require action to be undertaken prior to commencing the activity approved by this development approval. |
As indicated |
| 212) Concurrence Agency Conditions The Department of State Development, Manufacturing, Infrastructure and Planning as concurrence agency has imposed the conditions contained in the letter dated 17 July 2019. |
As indicated |
| 213) Cultural Heritage 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). |
As indicated |
| 214) Contaminated Land Pursuant to the Environmental Protection Act 1994 in
relation to Contaminated Land, if the owner or occupier of land becomes aware a
notifiable activity is being carried out on the land, the owner or occupier
must, within 22 business days after becoming aware the activity is being
carried out, give notice to the relevant State administering authority in the
approved form. |
As indicated |
| 215) Trade Waste approval The discharge of waste liquids to the sewerage system
must be conducted in accordance with the conditions of a Trade Waste
Approval. |
As indicated |
| 216) Equitable Access 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. |
As indicated |
| 217) Damage to Trees on Adjoining Lots Please note that any damage caused to vegetation on adjoining lots as a result of exercising this development approval may result in civil action. |
As indicated |
| 218) Fire Ant Movement Controls 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. |
As indicated |
| 219) Water and Wastewater 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 approving plans of subdivision 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Referral Agency for Building Work |
| Activity(ies): | Flood hazard area |
| Stage: | Stage 1a |
| 220) Early Referral Agency Response (Flood hazard
area) 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Referral Agency for Building Work |
| Activity(ies): | Flood hazard area |
| Stage: | Stage 1b |
| 221) Early Referral Agency Response (Flood hazard
area) 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Referral Agency for Building Work |
| Activity(ies): | Flood hazard area |
| Stage: | Stage 1c |
| 222) Early Referral Agency Response (Flood hazard
area) 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. |
As indicated |
| Permit to Which These Conditions Relate: | DA - PA - Referral Agency for Building Work |
| Activity(ies): | Flood hazard area |
| Stage: | Stage 2 |
| 223) Early Referral Agency Response (Flood hazard
area) 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. |
As indicated |