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Minor Change Existing Approval 132005 1292 04 [As Published] · 132005.1292.04
Officer: Matthew Pinese
Direct Telephone: 07 53296316
Our Reference: 132005.1292.04
Your Reference: n/a
10 April 2025
MA Watt & CD Watt
C/- Ken Drew Town Planning Pty Ltd
PO Box 860
HAMILTON QLD 4007
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 December 2024, requesting a minor change to an existing
development approval. Council on 7 April 2025, decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132005.1292.04
Street address: The Terrace Noosaville 1/253 Gympie Terrace, Noosaville Qld
4566;
Real property description: Lot 1 BUP104212
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 5 October 2005
• Development Permit for Material Change of Use of Premises - Restaurant.
In relation to the request to make a minor change to the existing approval, Council on 7 April 2025,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
C. Amend condition 5.
D. Include additional condition 26.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are labelled, numbered and dated as
follows and as may be amended by these conditions:
Approved Plans 6 July 2016
Plan No. Rev. Plan/Document Name Date
15201-01 P2 Restaurant Floor Plan, drawn by PJ Concepts 20/06/2016
& Designs
15201-02 P2 Floor Plan, drawn by PJ Concepts & Designs 20/06/2016
15201-03 P1 Use Areas Floor Plan, drawn by PJ Concepts 20/06/2016
& Designs
Approved Plans 7 April 2025
15767 Z - Site Plan prepared by Altec50 12/11/2024
001 A
15767 Z - Roof Plan and Section B prepared by 12/11/2024
Altec50
002 B
15767 Z - Front Elevation C prepared by Altec50 12/11/2024
003 C
15767 Z - Side Elevation D prepared by Altec50 12/11/2024
004 D
2. 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.
3. Any advertising sign or device is to comply with the provisions of Council’s policies on
advertising.
4. The applicant is to provide directional signage instructing customers to the carparking area
at the rear of the subject site. This signage is to be located on the front of the building facing
Gympie Terrace, adjacent to the access driveway. This signage is to be installed prior to the
issue of a Development Permit for Building Works.
5. The business is approved to operate as a restaurant Food and drink outlet from the hours
of 6am – 10pm on Sunday to Thursday and 6am – 12am Friday and Saturday with full dining
facilities.
6. Deleted.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $5000.00 must
be submitted to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval for a period of 12 months, less any
costs incurred by Council in respect of enforcing performance of this permit.
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8. The Development Permit for a material change of use lapses if the use has not happened by
5 October 2009, unless an application to extend the currency is approved by Council.
Land Development
Stormwater Drainage Contributions
9. A contribution of $595 shall be paid to Council towards the cost of the Noosaville Master
Drainage Plan prior to the commencement of the use. The amount of the contribution shall
be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
June 2005 until the date of payment.
Headworks Contributions
10. 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 under the current policies is outlined below. These amounts will
adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from June
2005 until the date of payment.
Water Supply $3,570
Sewerage $3,214
TOTAL $6,784
All headworks contributions must be paid prior to the commencement of the use.
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.
General
11. 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.
12. 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.
13. 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.
Environmental Health
14. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments for approval by Council’s Environmental
Health Section, for any food premises proposed to be included in the development. Approval
is to be obtained prior to fitting out the building.
Separate plans are to be submitted detailing the location and outlet for any mechanical
exhaust system. The installation of any mechanical exhaust system is to comply with
Australian Standard 1668.
15. An annual licence and registration of the premises is required under the Food Hygiene
Regulations of 1989 from Council’s Environmental Health Section where unpackaged food
is sold, prepared, packed, stored, handled, served or supplied for sale.
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16. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
17. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers. A roofed wash down area is required with a cold-water
tap, hose and drain outlet connected to sewer.
18. All refrigeration plant including motors, shall be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998. On the spot fines apply for such offences.
Trade Waste
19. A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic
drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade
Waste Policy.
20. Full truck access is to be provided to each grease arrestor and/or pre-treatment device for
cleaning and servicing. Where access is restricted, a pump out line is required.
21. A roof is to be installed above the refuse bin wash facility and over the cleaners sink to
prevent rainwater from entering the sewerage system.
Additional Conditions 06/06/06
Public Open Space Contributions for Outdoor Dining Area
22. A Public Open Space contribution of $63 towards the acquisition of additional parkland or
the improvement of existing parkland and facilities in the locality shall be paid to the Council
prior to the commencement of the use in accordance with Council’s Planning Scheme Policy
PSP12 Public Open Space Contributions. This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Pathway Contributions for Outdoor Dining Area
23. A pathway contribution of $64 towards external major pathways, in accordance with Planning
Scheme Policy PSP20 Pathway Trunk Network Contributions, shall be paid to the Council
prior to the commencement of the use. This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Stormwater Drainage Contributions for the Outdoor Dining Area
24. A contribution of $116 shall be paid to Council towards the cost of the Noosaville Master
Drainage Plan prior to the commencement of the use. The amount of the contribution shall
be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
March 2006 until the date of payment.
Headworks Contributions for the Outdoor Dining Area
25. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17
and PSP16 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 under the current policies is outlined below. These amounts
will be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
March 2006 until the date of payment.
Water Supply $42
Sewerage $38
TOTAL $80
All headworks contributions must be paid prior to the commencement of the use.
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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.
Stormwater Drainage
26. Stormwater runoff from the development must be discharged to the existing stormwater
system without causing scour or damage to the subject site or any adjoining property.
5. REFERRAL AGENCY CONDITIONS
Not Applicable
6. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. This proposal has not been assessed in relation to the spread of fire between properties /
buildings. It is the building certifier’s responsibility to assess the requirements for fire
separation and appropriate methods of construction as part of the building works approval
process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
part of the Building Approval process.
2. The plans for the proposed building work have not been assessed for compliance with the
requirements of the Building Code of Australia as they relate to people with disabilities. Your
attention is drawn to the matter that either or both the Disability Discrimination Act 1992
(Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
proposed building work.
Noosa Council recommends that the following matters be considered to address equitable
access and facilities in the building:
a. The building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
and AS1428.2;
b. Applicants should be aware that a “Disability Standard on Access to Premises” is being
developed and most likely will result in changes to the Building Code of Australia;
c. Any services and facilities in the building complex must allow independent, dignified
and equitable use of the services and facilities for all people.
3. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
3.1 On a Sunday or public holiday, at any time; or
3.2 On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
4. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
if the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A
statutory declaration outlining the cost of the operational works must be submitted to Council
with the lodgement of any application for operational works over the site.
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5. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
6. Noosa Council has a Food Premises Policy. Sections of this document that are particularly
relevant to the subject development are as follows:-
6.1 Section 22.11 - Hand Washing Facilities;
6.2 Section 22.5 - Cleaner’s Sink;
6.3 Section 28.1 - Staff Toilet Facilities;
6.4 Section 28.2 - Air locks;
6.5 Section 29.2 - Kitchen exhaust ventilation;
6.6 Section 31.3 - Disabled Persons;
6.7 Section 31.4 - Gender; and
6.8 Section 3.15 - Access.
For further information contact Council’s Environmental Health section on 5449 5232.
7. Toilets are to be provided for the restaurant for customers and staff in accordance with the
requirements of the Building Code of Australia.
Additional Advices 06/06/06
8. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $4,225 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
9. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
7. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All building works
Works
8. 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.
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9. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are
available on line at www.noosa.qld.gov.au, or at Council offices.
Yours faithfully,
Matt Pinese
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 5 October 2005.
• Decision Notice - Minor 132005.1292.02 – 6 June 2006; with
amendment to condition 1, deletion of condition 6, inclusion of 4
additional conditionals and 2 additional advices.
• Decision Notice – Minor – 132005.1292.03 – 6 July 2016; with
amendment to conditions 1 & 5.
• Decision Notice – Minor – 132005.1292.04 – 7 April 2025; with
amendment to condition 1 & 5 and include additional condition 26.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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