Council archive · source document
Decision Notice - Minor Change -132002 220113 4 [As Published] · 132002.220113.4
Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: 132002.220113.4
Your Reference: n/a
5 December 2023
THE RETAIL GROUP (RTG)
C/- THE RETAIL GROUP (RTG)
Suite 37, Level 3
799 Springvale Road
MULGRAVE VIC 3170
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 November 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132002.220113.4
Street address: 3 Lanyana Way, Noosa Heads
Real property description: Lot 54 RP 139776
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 25 July 2002.
• Development Permit for Material Change of Use – Extension to Shopping Centre
In relation to the request to make a minor change to the existing approval, Council on 4 December
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change; and
B. Amend condition 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 4 years starting the day that the original
development approval (132002.220113) took effect.
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 numbered DA01 to DA05 dated
Feb 2002, DA06, DA08 and DA09 dated May 02 and 01031A dated 2 Oct 2001 prepared by
Facility Design Group, and titled Northern Carpark dated 9th July 2002, and 02002109 – 100
Revision C.8, 02002109 Revision C3 and 02002109 – 000 Revision C4 prepared by
Woodhead International, and Plans 1 and 2, and Drawing 3903 Rev2.ai Issue 2 prepared by
PDT architects, dated 4 May 2004, and Kiosk – Site Layout Plan A-SD-00-06 A, Kiosk –
Proposed New Kiosk A-SD-00-07 A, Kiosk Elevations A-SD-00-08 A, prepared by ML Design
and dated 25/09/2007 and the approved plans listed in the table below, unless amended by
these conditions.
Plan No. Rev. Plan/Document Name Date
4447 – TP-05 B Roof Plan – Proposed Click & Collect, October 23
prepared by TRG
4447 – TP-06 B Elevations – Existing / Demolition and October 23
Proposed, prepared by TRG
2. The open space and setback areas are to be landscaped in accordance with Councils Policy
on Landscaping Guidelines and properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter.
The 22 shade trees proposed in the carpark area are to be a minimum of 100L, installed with
root guards and include a combination of the following species: Cupaniopsis anacardiodes,
Eleocarpus obovatus, Lephostemon Confertus and Arytera lauteriana.
3. 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. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained.
4. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
5. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
6. This Development Permit for material change of use of premises lapses if:-
6.1. The use or erection of a building or other structure associated with the use, has not
commenced 25 July 2006, unless application is made and approved by Council for an
extension; or
6.2. The use of any premises pursuant to the Development Permit ceases.
7. The developer must obtain all of the other Development Permits referred to in this Decision
Notice, prior to obtaining a Development Permit for building works.
Land Development
General
8. Prior to undertaking any excavation, the person acting on this permit shall contact public
utility service providers to ascertain the location of their underground services.
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9. The Applicant shall sign a written undertaking to be responsible for the full cost or repairs to
road pavement, footpath, kerb and gutter, or other Council property and facilities damaged
as a result of construction of the proposed development.
10. Any alterations of a public utility or other facility necessitated by the developer of the land or
associated construction works either internal or external to the site shall be at no cost to
Council.
Carpark Construction
11. Carparking shall be provided within the site as shown on plan titled, Northern Carpark Layout
as submitted and dated 9th July 2002 except as modified herein for at least 14 spaces shall
be included on site. The carparking area shall be designed to comply with the provisions of
AS 2890. 1-1993 for user class 3.
12. All carparking shall be kept maintained and line-marked in a condition fit for use.
Water and Sewerage
13. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28
and PSP 30 on Water Supply Headworks and Sewerage Headworks Contributions
respectively and at the rates applicable at the time of payment. An estimate only of the
contribution rates as of December 2001 under the current policies is as follows:
Water Supply $5965
Sewerage $4959
TOTAL $10925
All headworks contributions shall 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 lapse or is
cancelled, the contribution or trading bank guarantee will be returned.
14. The site shall be connected to Council’s Water Supply and Sewerage reticulation systems to
the Water and Sewerage design guidelines.
Stormwater Drainage
15. Roof and surface water are to be collected on site and discharged to the existing stormwater
drainage system via underground drain line/s.
Environmental Health
16. An annual licence and registration of the premises is required under the Food Hygiene
Regulations of 1989 from Council’s Environmental Health Section where unpacked food is
sold, prepared, packed, stored, handled, served or supplied for sale.
17. An annual licence is required under the Health Regulations 1996 from Council’s
Environmental Health Section where hairdressing or skin penetration is to be performed on
the premises.
18. 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.
19. 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, dust or odour nuisance or any other emissions in accordance with nuisance
provisions of the Environmental Protection Regulation 1998. On the sport fines apply for such
offences.
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20. Liquid waste generated by industry, small business and commercial enterprises is referred
to as Trade Waste.
21. Council approval must be gained prior to the discharge of Trade Water to Council’s sewerage
system. Approval may be granted through the issuing of a Trade Waste Permit.
22. Al Trade Waste requirements including pre-treatment devices must be shown on hydraulic
plans submitted to Council for approval.
23. Trade Waste requirements must be in place, inspected and approved prior to
commencement of trading or operation.
Additional Conditions
24. The ‘Feeling Fruity’ kiosk as detailed on Drawing 3903 Rev2.ai Issue 2 Prepared by pdt
architects, dated 4 May 2004 shall not exceed a total use area of 20m²
25. The outdoor seating area shall not exceed a total of 45m², comprising 30m² for tenancies 24
and/or 25 and 15m² for tenancy 26.
Additional Conditions
26. The kiosk identified as ‘K1’ on the plan titled and number Kiosk – Proposed New Kiosk A-
SD-00-07, prepared by Ml Designs and dated 26/09/2007 shall:-
26.1. Not exceed a total use area of 20m², and
26.2. Not incorporate any outdoor dining area.
5. REFERRAL AGENCIES
Nil
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. 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.
2. The applicant is to submit two (2) set of professionally drawn scale plans in compliance with
Council’s Cod controlling Hairdressing premises for approval by Council’s Environmental
Health Section, for any hairdressing or skin penetration premises proposed to be included in
the development. Approval is to be obtained prior to fitting out the building.
3. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on the building site in a way that makes or
causes audible noise to be made from the building work on:-
a. Monday to Saturday, before 7am or after 6:30pm
b. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
4. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
water course. On the spot fine apply for such offences.
5. 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 the 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.
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Infrastructure Charges
6. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Samuel Osakwe
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 25 July 2002.
• Decision Notice - Minor – 14 July 2004, with an amendment to condition 1 and 2 additional conditions.
• Decision Notice - Minor – 24 January 2008, with an amendment to condition 1 and 2 additional conditions.
• Decision Notice – Minor – 132002.220113.4 – 4 December 2023, with an amendment to condition 1.
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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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