Minor Change Existing Approval 132002.220269.1

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132002.220269.1:JELDER
Your Reference:	n/a
15 May 2018
Noosa Town Planning
42 Gympie St
TEWANTIN  QLD  4565
[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 April 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220269.1
Street address:	247-251 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 11 SP 146048
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council on 17 October 2002 decided to issue the following type of approval:
Application No.	Type of Development
132002.220269	Development Permit for Material Change of Use - Restaurant & Dwelling Unit
In relation to the request to make a minor change to the existing approval, Council on 11 May 2018, decided to approve the requested changes. The changes are detailed below.
Application No.	Type of Development
132002.220269.1	Minor Change to Development Approval
A.	Approve the change.
B.	Amend Conditions 1 & 5.
C.	Add an additional Advisory Note.
currency period of approval
The currency period for this development approval is stated in Condition 11 of the Assessment Manager Conditions.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 29.502.1B, 29.502.2A (as amended 14/04/2018), 29.502.3A, 29.502.4A, 29.502.5A and 29.502.6A prepared by Andrew McKellar Design and dated May 2002 and as may be amended by these conditions.  To this end the outdoor dining area will remain not roofed.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan endorsed through an Operational Works approval. Landscaping is to be maintained at a high standard at all times and is to be generally in accordance with Landscape Concept Plan, prepared by CB, Sheet 1 of and dated 13 April 2018; and
identified landscaped areas are as shown on plan 29.502.2A, prepared by Andrew McKellar, dated 14/04/2018;
provide a minimum of 1 street tree on the sites frontage within the road reserve, that has a minimum pot size of 100 litres.
The façade of the third storey of the new building must be set back at least 10 metres from the front (northern) boundary of the site.
The proposed colour scheme of the new building must be prepared and submitted to Council’s Land Use section for approval prior to the commencement of any works on the site.
Hours of operation for the restaurant shall be limited to between 7:00am and 10:00pm, Sunday to Thursday (inclusive) and between 7:00am and 12:00am (midnight) on Fridays and Saturdays.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 17 October 2006, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Land Development
All buildings proposed on site (and areas utilised for carparking purposes associated with the buildings) shall be constructed to comply with Council’s Minimum Floor Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps at the time of issue of the Building Permit.
In this regard and as an indication only - should have a Minimum Floor Height of RL2.8 (AHD).  These levels however are subject to change and verification shall be made to Council’s Land Development Section prior to obtaining a Development Permit for Building Works.
A vehicular access driveway to the development shall be reconstructed from the Gympie Terrace frontage of the site with a maximum width of 3.5 metres.  The driveway shall be constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.
All vehicles shall enter and leave the site in a forward direction.
All deliveries shall be made to the site between the hours of 6am and 9am.
Carparking shall be provided within the site as shown on drawing number 29.502.1B dated May 2002 by Andrew McKellar Design, except as modified herein.
A minimum of 7 uncovered visitor carpark spaces, 6 uncovered staff carpark spaces and 4 covered carpark spaces shall be provided on site, including 1 clearly defined disabled carpark space.
The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 3 except the disabled space, which shall be designed to comply with user class 4.  The minimum head clearance (headroom) at any point shall be 2.3m.
The proposed turning area at the end of the aisle shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
A full width concrete or paved path shall be constructed across the Gympie Terrace frontage of the site in accordance with Council’s design standards.  Care shall be taken to protect any underground services. To this end, the materials used for the constructed footpath shall be consistent with the footpath works undertaken for the ‘Colonial’ development on the adjoining site to the west.  Paving details must match in with Noosaville Foreshore Conceptual Design.
The path shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All stormwater drainage shall be collected on site and discharged to Council’s street drainage system in Gympie Terrace.  In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
A contribution of $7,745 shall be paid to Council towards the cost of the Noosaville Master Drainage Plan prior to obtaining a Development Permit for Operational Works. The amount of the contribution shall be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from June 2002 until the date of payment.
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
A registered easement shall be created over the existing sewer main that crosses the centre of the site.  The easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
In this regard a duly executed copy of the easement shall be submitted to Council for perusal prior to obtaining a Development Permit for Operational Works.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
Any changes required by Council’s Solicitor must be corrected immediately.
No building or other structure shall be constructed or encroach over an easement.  Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practicing Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works.
Any filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates as of June 2002 under the current policies is as follows:
Water Supply	$6,478
Sewerage	$6,241
TOTAL	$12,719
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Any person acting on this permit shall prevent erosion and sediment export from the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Upon confirmation from Energex for their one third contribution to the undergrounding of power, the developer will then be required to contribute their one third cost of undergrounding the power supply for the property. The developer is responsible to liaise with Council's Manager - Works Design about obtaining the estimated costs for this work. This contribution is to be paid prior to the issue of a Development Permit for Operational Works or at a later time acceptable to the Manager - Land Use.
referral agencies
Not applicable
advisory notes
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Infrastructure Charges (Change dated11 May 2018)
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable
variation approval details
Not applicable.
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Building Works	Restaurant & Dwelling Unit
Operational Works	Landscaping, Car Parking, Access, Frontage Works, Stormwater Drainage, Site Civil Works, Sewer Reticulation (including new mains, relocations, diversions), Sediment & Erosion Controls, Water Reticulation and Site Filling
submissions
No submissions were received.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL