This Preliminary Approval (Carry Out Building Works) does not include assessment against the Building Act and does not permit building work to occur.  Prior to the commencement of any building work, Development Permit(s) for Carrying Out Building Work will be required.

A legible copy of the approved drawings and documents bearing "Council Approval" and the Development Approval Conditions package is to be available on site.

Note.  This condition is imposed to ensure compliance with the development conditions of approval. The copy of the conditions and drawings should be located in any site management office or with the site foreman. Any copies of conditions or drawings that are illegible shall be deemed to be non compliance with this condition of approval.

Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s).

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

Complete all building work associated with this development approval, including work required by any of the conditions included in the Conditions Package. Such building work is to be carried out generally in accordance with the approved drawing(s), and/or documents and, where the building work is assessable development, in accordance with a current development permit.

Maintain the approved development (including landscaping, parking, driveways and other external spaces) generally in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

Note.  This condition restricts changes that can be made to the approved development (approved drawings,documents and conditions to which the approval relates). The extent to which the approved development may be modified is constrained by the requirements of the relevant planning legislation. It will be necessary to make a new application if the change does not meet the specifications of the relevant planning legislation.

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

Where trees or other habitat features are approved for removal, inspect the trees to ensure identification of any wildlife (fauna) or habitat features (e.g. nests, tree hollows) prior to clearing. If wildlife or habitat features are identified, clearing operations and other site works are not to commence until a Fauna Spotter/Catcher (qualified by the relevant Queensland State Government Authority) has certified that the site has been fully inspected and any necessary fauna protection measures or relocation procedures implemented.

Lodge and receive approval from Development Assessment, an application to Carry Out Works on Protected Vegetation.

Retain, protect and maintain the existing trees shown as being retained on the approved drawings in accordance with the Australian Standard 4970 for the Retention of Trees on Development Site.

Otherwise, submit to Development Assessment certification by a qualified Arborist trained to a minimum AQF Level 5 in Arboriculture with a minimum of 5 years' experience justifying any removal or pruning of trees.

Install protection measures including the erection of a temporary fence around the entire tree, 1 metre outside the drip line. There is to be no excavation, filling, or storage of materials or plant within the area described by the fence. Protection fences must be removed prior to the commencement of the use.

Timing: Prior to and while site / operational / building works is occurring

Protect from construction damage those parts of neighbouring trees located above and below the development site.

If unable to comply with the above, submit to Development Assessment certification by a qualified Arborist trained to a minimum AQF Level 5 in Arboriculture with a minimum of 5 years' experience justifying any works on neighbouring trees.

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

Construct landscaping in accordance with the prepared detailed Landscape Plan.

On completion of works, submit to Development Assessment certification from:

-  A registered Landscape Architect or Landscape Designer that the detailed Landscape Plan complies with the City Plan (Form CC10616 Landscape Design Certificate); and
-  A registered Landscape Architect and registered Landscape Contractor that the completed landscape work complies with the detailed Landscape Plan, (Form CC10613 Landscape Works Certificate).

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

Maintain the landscape generally in accordance with the detailed plans.

Construct an on-site refuse bin washing facility for food outlet refuse bins. The area must be provided with a tab, paved with an impervious material, graded and drained to sewer subject to the requirements and recommendations of the Distributer Retailer Authority.

No additional structures (including but not limited to material stockpiles, sheds, concrete areas, landscaping materials, etc.) of any description are not to be located within the waterway corridor unless specifically shown on the approved drawings.

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

Prepare an Erosion and Sediment Control (ESC) Management Plan for the site in accordance with the Healthy Waterways document Controlling Stormwater Pollution on Your Building Site 2006 (or later version) and in accordance with the relevant Brisbane Planning Scheme Codes/Policies.

Note. An Erosion and Sediment Control Management plan is not required to be submitted for Council endorsement.

Implement and maintain the ESC Management Plan on-site for the duration of the operational or building works, and until all exposed soil areas are permanently stabilised (e.g. turfed, hydro-mulched, concreted, landscaped).  The prepared ESC Management Plan must be available on-site for inspection by Council Officers during these works.

Submit to Development Assessment, certification from a relevant discipline Registered Professional Engineer Queensland, that the above works have been constructed in accordance with this condition.

Manage Evacuation in accordance with the submitted report “BROOKFIELD GARDE CENTRE Flood Management and Evacuation Plan” dated 28 May 2012 .

This approval does not include assessment against the siting requirements of the Queensland Development Code.  Should the approved development require a siting relaxation against the Queensland Development Code, an application for a Siting Variation (Relaxation) must be lodged with and approved by Brisbane City Council.

Note.  This development approval does not commit Council's Building Officer to approving any setbacks shown on the approved drawings.

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

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

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 facilitated by this development approval.

Department of Transport and Main Roads as concurrence agency has imposed the conditions contained in the letter dated 24 July 2012.

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 emission are accordance with the requirements of the Act.

The Environmental Protection Act 1994 prescribes that:

(1) A person must not carry out building work in a way that makes an audible noise—
(a) on a business day or Saturday, before 6.30a.m. or after 6.30p.m; or
(b) on any other day, at any time.

(2) The reference in subsection (1) to a person carrying out building work—
(a) includes a person carrying out building work under an owner-builder permit; and
(b) otherwise does not include a person carrying out building work at premises used by the person only for residential purposes.

The discharge of waste liquids to the sewerage system must be conducted in accordance with the conditions of a Trade Waste Approval.

Permits can be obtained from Queensland Urban Utilities.  For further information on permits please contact Council on 3403 8888.

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 Building Code of Australia Access Code.