Decision Notice - Council Meeting Decision MCU20 0072 · MCU20/0072

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU20/0072
Your Reference:	12332
23 August 2021
Good Shepherd Lutheran College
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 August 2021, Council decided to approve the application, subject to conditions. Council also resolved:
Enter into a Deed of Agreement with the applicant that provides for the carrying out of upgrade works to the drop off/pick up/ carpark configuration accessed from the Goodchap Street/Eumundi Noosa Road roundabout entry and an internal vehicular link
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0072
Street address:	115 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 SP 228052, Lot 30 SP 170751
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Educational Establishment - Additional Demountable Buildings)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.

assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SK-01	P1	Location Plan prepared by Burling Brown Architects	01.07.2020
SK-02	P3	Proposed Site Plan prepared by Burling Brown Architects	20.07.2020
A-000	I	Schedules – Building Shell (MQB) prepared by Ausco Modular	15.07.2020
A-001	I	Site Plan (MQB) prepared by Ausco Modular	15.07.2020
A-100	I	Site Plan (MQB) prepared by Ausco Modular	15.07.2020
A-101	I	Roof Plan (MQB) prepared by Ausco Modular	15.07.2020
A-200	I	Elevations (MQB) prepared by Ausco Modular	15.07.2020
		Concept plan detailing upgrade of the existing drop-off/pick-up / carpark configuration	
		Plan detailing options for internal vehicular link	
Amenity
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.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Nature and Extent of Approved Use
The approved demountable buildings must only be used to service current enrolments and must not be used to facilitate an increase in enrolments.
The number of students must not exceed 1105.
A minimum of 328 car parking spaces must be provided on site.
Currency Period
This development approval lapses if the use has not happened by 20 August 2027, unless an application to extend the currency period is approved by Council.
Land Amalgamation
Lot 1 on SP228052 and Lot 30 on SP170751 must be amalgamated.
Traffic
The drop off/pick up/ carpark configuration, accessed from the Goodchap Street/Eumundi Noosa Road roundabout entry, as detailed in the approved plans must be upgraded in accordance with an Operational Works approval.
An internal one-way vehicular link from the new staff car park to the Goodchap Street/Eumundi Noosa Road roundabout exit as detailed in the approved plans must be provided in accordance with an Operational Works approval.
The applicant will comply with the requirements of any deed of agreement entered into with Council with respect to:
The upgrade of the drop off/pick up/ carpark configuration accessed from the Goodchap Street/Eumundi Noosa Road roundabout entry; and
The provision of an internal one-way vehicular link from the new staff car park to the Goodchap Street/Eumundi Noosa Road roundabout exit.
ENGINEERING
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to the existing school drainage system and the lawful point of discharge.
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule, 10, Part 9, Division 2, Table 2 – Premises near a substation site or subject to an easement	The agency provided its response on 19 August 2020 (Reference No. HBD 7014913). A copy of the response is attached
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Walking and cycling play an important role in Noosa for transport, recreation and health reasons and the school is encouraged to establish and promote a walk and ride program for staff and students as the preferred mode of transport where safe connecting pathways exist.  Council may consider the increase in active transport and school bus usage when evaluating the need for carparking within the agreed 18 month period.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access
Development Permit for Building Works	All building works
submissions
Not applicable.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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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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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19 August 2020

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Development Application — Material Change of Use for Educational
establishment (Additional Demountable Buildings) located at 115
Eumundi Noosa Road, Noosaville, described as L1 SP228052 L30
‘sP170751.

Applicant Ref: 12332

Council Ref: MCU20/0072

‘Our Ref: HBD 7014913

We refer to the above referenced Development Application which has been
referred to Energex Limited in accordance with the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. This response has
been provided pursuant to the requirements of section 56/1) of the Planning
Act 2016,

‘As an Advice agency to the application Energex Limited has no requirements
in relation to the proposed — Material Change of Use for Educational
establishment (Additional Demountable Buildings).

‘Should you require any further information on the above matter, please
contact Angela Collins on 0447 671-554 or email

[email protected] au.

 

Yours faithfully,
Corporate Oce
2 Real Steet
‘Newstead LD 4008
Angela Collins SPO Bor 1481
‘Senior Planner ‘ishane Gi dont

“Telephone (07) 9068 4000,
Facsimile (07) 2005 201,
rm energexcam au

Energex Limited
‘ABN 20078849 055

Reference: HED 7014913