REFUSAL Decision Notice MCU17 0005 · MCU17/0005

Officer	Lisa Pienaar
Direct Telephone:	07 53296514
Our Reference	MCU17/0005:
Your Reference	N/A
21 September 2018

Hope Central Church
PO Box 517
COOROY  QLD  4563

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 September 2018 Council decided to refuse the application.
Council its Ordinary meeting also resolved to advise that an indoor play centre does require a further development approval to operate from the site and such a use would significantly impact on the safety of Marara Street were such a use to commence.
Details of the decision are as follows:
application details
Application No:	MCU17/0005
Street Address:	113 Marara St COOROY  QLD  4563
Real Property Description:	Lot 2 RP 225978
Planning Scheme:	The Noosa Plan (28 October 2016)
Type of Development
The application sought the following type of development approval:
Development Permit for Material Change of Use of Premises - Entertainment and Dining Business Type 2 – Recreation, Amusement & Fitness (Paintball)
Reasons for Refusal
1.	The proposed development is an inconsistent use in the Rural Zone and the increase in traffic on Marara Street from the proposed development is not contemplated by The Noosa Plan.
2.	The proposed development is contrary to the Transport, Roads and Drainage Code as the development will compromise the capacity and safety of Marara Street.
3.	The current condition of Marara Street is not capable of safely accommodating any increase in traffic from the proposed development and a satisfactory solution has not been identified to address the constrained sections of Marara Street given the current road formation and environmental constraints.
4.	A number of properly made submissions have been received raising valid grounds of objection.
referral agencies
The referral agencies applicable to this application are:
Concurrence	SARA at DILGP	Referral Trigger	Response
	Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 7, Table 2, Item 15A—Railways	The agency provided its response on 3 April 2017 (Reference No. SDA-0217-037219).  A copy of the response is attached.

submissions
There were 3 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Development Assessment

Enc	Appeal Rights
Referral Agency Response
List of Submitters

SARA at DILGP
email:[email protected]
cc	Unitywater

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Marilyn Burkett	141 Marara Street COOROY QLD 4563	[email protected]
Wayde Burkett	141 Marara Street COOROY QLD 4563	[email protected]
Clayton & Vicky Francis	PO Box 17 COOROY QLD 4563	[email protected]

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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MCU17/0005

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MCU17/0005

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NOOSA
COUNCIL


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‘Ourreference:  SDA0217-097210
‘Yourreference: MCU1T/0008

3 April 2017
‘The Chief Executive Officer
Noosa Shire Council

PO Box 141

‘Tewantin QLD 4565
[email protected]

Attention: — Glen Conforti

Dear Glen,

 

Departmentof fastucure,
local Government and Planning

Concurrence agency response — No Requirements
113 Marara Street, Cooroy (Lot 2 on RP225978)
(Given under section 26 ofthe Sustainable Planning Act 2008)

‘The referral agency material for the development application described below was received
by the Department of Infrastructure, Local Govemment and Planning under section 272 of
the Sustainable Planning Act 2009 on 21 February 2017.

Applicant details
“Applicant name:
Applicant contact details:

Site details
‘Street address:

Lot on plan:

Local government area:

Application details
Proposed development:

Hope Central Church Lid

113 Marara Street
‘COOROY QLD 4563
‘[email protected]

113 Marara Street, Cooroy
Lot 2 on RP226978
‘Noosa Shire Council

Development Permit for Material Change of Use for
Entertainment and Dining Business

‘£0 Nem Ragin
Lest te Ane utng
POBox 1129 Marooenyaere OLD Ss


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Aspects of development and type of approval being sought

 

 

 

 

 

 

Nature of “Approval Brief Proposal of Level of
Development ‘Type Description Assessment
Material Change of | Development | === =scnrs sere Code Assessment

Use permit

 

 

Referral triggers

‘The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:

Referral trigger ‘Schedule 7, Table 2, Item 15A—Rallways
‘The Department has no requirements in relation to the proposal.

Further advice
‘The department offers advice about the application to the applicant — see Attachment 1.

‘A.copy of this response has been sent to the applicant for their information.

For further information, please contact Darren Cooper, Principal Planner, SARA SEQ North on
(07) 3452 7101, or email SEQNorthSARA@dilgp ald.gov.au who will be pleased to assist.

Yours sincerely

Garth Notan
Manager, Plant

 

ce: Hope Certral Church Lid, gSarcupshotmsi,com
Department of Transport and Man Roads, Nor Coast IDAS@t. aid ov au

‘enc: Attachment 1 —Further aves

Deparment otinmastucr, Loca Goverment ana Pring Page


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‘Ourreference:  SDA0217-097210
‘Yourreference: MCU1T/0005

Attachment 1—Further advice

 

General advice - Lighting interference with the railway

 

 

1

 

“The development may inerease the risk of outdoor lighting forthe facility being confused with
signal lights used for railway operations and may interfere with the vision of train drivers.
Further the department is concemed with projectiles due to the nature ofthe proposed use.

‘Therefore, security lighting should be hooded and appropriately designed and located to:
‘+ Prevent the light source ight bulb) ftom shining into the eyes of train divers and
‘obscuring their sight; and
‘© Prevent obstruction of or interference withthe sighting of raiway signals.

‘The proposed fencing and netting as outined in the supporting application material must be
‘constructed and maintained at all times to protect ral infrastructure from projectiles as a
result ofthe nature and operation of the facility.

Please contact Queensland Rail on telephone number (07) 3072 1068 or at
[email protected] for further information or guidance in relation to this matter.