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10/529 Decision Notice [As Published] · 132010.529

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                                              Officer:          Jack Lewis
                                              Direct Telephone: (07) 5449 5183
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2010/529
                                              Your Reference:   01204 L0 NG


16 September 2010

Calambee Nominees Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567



Dear Sir/Madam

                                       Decision Notice
                                  Sustainable Planning Act 2009

I refer to your application and advise that on 14 September 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                    2010/529
    Street address:                    28 Hastings Street NOOSA HEADS
    Real property description:         Lot 4 RP123457
    Planning Scheme:                   The Noosa Plan

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Material Change of Use - Retail Type Business Type 2 Shop & Salon

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS
Approved Plans
1.       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 and as
         may be amended by these conditions.

           Plan No.         Plan No.                                                       Date
           0811 MCU-02      MCU Application for 28 Hastings Street (Revised) –             April 2010
                            Middap Ditchfield Pty Ltd

                                                                                         Page 1 of 7
Full text of the other 6 pages

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                                                                                          2010/529




General
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.
Relevant Period
3.   The Development Permit for Material Change of Use lapses if the use has not happened by
     14 September 2014, unless an application to extend the currency is approved by Council.
Signage
4.   Any advertising sign or device is to comply with Council's policies on advertising.
5.   All goods to be displayed on site within the property boundaries and/or on the premises
     approved for the use.
6.   The premises to be identified by the provision of a street number in a prominent location to
     ensure it is identifiable to all persons, particularly emergency services personnel.
Building Design
7.   The shop front shall provide a minimum of 50% transparent glazing, which must not be
     blocked out.
Construction Management
8.   Construction works associated with this development must not adversely impact on the traffic
     or the safety of the road users or the availability of existing street parking spaces during the
     construction phase.
9.   A Construction Management Plan must be submitted and approved by Council prior to
     approval of Building Works. The Construction Management Plan shall include, but not limited
     to the following:
     9.1.   Traffic management during all aspects of the construct phase including:
            9.1.1.   A Traffic Management Control Plan in accordance with the Manual of Uniform
                     Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                     control measures prior to construction;
            9.1.2.   Mitigate any adverse impact and disturbance on the local residential area and
                     on the traffic in the local and main roads to acceptable limits;
            9.1.3.   Define the routes for heavy vehicles on the road network;
            9.1.4.   Indicate provision for on-site and off-site parking for the required workforce;
            9.1.5.   Indicate the location of loading and unloading areas;
            9.1.6.   Indicate the location of any “holding” areas for heavy vehicles
     9.2.   Mitigate dust disturbance caused by vehicles and machinery movements within and
            outside the site;
     9.3.   Maintenance of safe and secure construction site both during daily construction and
            after daily construction has ceased, use temporary fencing where necessary;
     9.4.   Maintenance and protection of water quality and existing drainage lines through the
            construction site, through the implementation of appropriate erosion and sediment
            control measures;
     9.5.   Works program identifying key components of the works and their respective durations;
     9.6.   Establishment of a communication protocol with the general public, adjoining owners,
            local businesses and residents to advise of impacts on traffic and services and other
            relevant issues; and

                                                                                       Page 2 of 7

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      9.7.   Identification of complaint management procedures including:
             9.7.1.    Contact details for the on-site manager; and
             9.7.2.    Dispute resolution procedures
Infrastructure Contributions
10.   The applicant must pay contributions towards trunk infrastructure in accordance with the
      following Planning Scheme Policies and Council Policies:
      (a)    Planning Scheme Policy 12 – Public Open Space Contributions;
      (b)    Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
      (c)    Planning Scheme Policy 16 – Sewerage Headworks Contributions;
      (d)    Planning Scheme Policy 17 – Water Supply Headworks Contributions;
      (e)    Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
      (f)    Council Policy – Rural Roadworks Contributions;
      (g)    Council Policy – Master Drainage Contributions.
      For material change of use of premises approvals the contributions must be paid prior to the
      commencement of use, for reconfiguring a lot approval contributions must be paid prior to
      Council approval of the plan of subdivision.
      The actual amount of the contribution must be calculated and paid in accordance with the
      Planning Scheme Policies and variations due to indexation current at the time of payment.
Further Development Permits Required
11.   Prior to the commencement of development, the following Development Permits must be
      obtained:
      11.1. Development Permit for Building Works

5     REFERRAL AGENCY CONDITIONS
Not applicable.

6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following table:

 Plan No.             Plan No.                                                          Date
 0811 MCU-02          MCU Application for 28 Hastings Street (Revised) – Middap         April 2010
                      Ditchfield Pty Ltd

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
INFRASTRUCTURE CONTRIBUTIONS AND INFRASTRUCTURE CHARGE
1.    An advice notice outlining the estimated infrastructure contributions payable and the basis for
      their calculation under the current Planning Scheme Policies and Council Policies is attached
      with this Development Permit.




                                                                                      Page 3 of 7

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                                                                                            2010/529




2.    The applicant is informed that this development permit will trigger an Infrastructure Charge in
      accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
      estimated amount of $20,197.00 and is subject to variations in the Consumer Price Index, All
      Groups Brisbane from June 2010 until the date of payment. An Infrastructure Charge Notice
      will be issued in accordance with Chapter 5 of the “Integrated Planning Act 1997/Chapter 8 of
      the Sustainable Planning Act 2009".
3.    Please        contact      Council's     Infrastructure    Charges      Officer      (email:
      [email protected]) a minimum of 5 business days prior to payment of the
      infrastructure contributions and/or charge notice so a payment advice detailing the amounts
      applicable at the time of payment may be issued to accompany the payment.
4.    Payment of infrastructure contributions and/or infrastructure charge notices will not be
      accepted by credit card transaction.
General
5.    The development should be undertaken in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-
      borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other
      emissions in accordance with the nuisance provisions of the Environmental Protection
      Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
6.    The applicant is advised that a Compliance Permit for all plumbing and drainage works within
      the boundaries of the development site shall be obtained from Council’s Plumbing Services
      Section prior to obtaining a Development Permit for Building Works.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.
Your attention is also directed to the fact that in addition to the requirements of the Building Code of
Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact
on the proposed building work:
(a)   The Disability Discrimination Act 1992 (Commonwealth)
(b)   Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional 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 AS 1428.2
(b)   Applicants should be aware that a “Disability Standard on Access to premises” is currently
      being developed and most likely will impose changes on the Building Code of Australia
(c)   Any services and facilities in the building complex should allow independent, dignified and
      equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.


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                                                                                     2010/529




You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES

Not applicable.

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

10     FURTHER DEVELOPMENT PERMITS REQUIRED

Not applicable.
11     SELF ASSESSABLE CODES

Not applicable.

12     SUBMISSIONS
There were no 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.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

14     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.
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. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully,




Denis Wallace
Senior Development Planner



Enc:    Appeal Rights
        Approved Plans/Documents
        Infrastructure Contributions Advice Notice
        Infrastructure Charge Notice
                                                                                   Page 5 of 7

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                                                                                                2010/529



                                                  Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009




The following is an extract from the Sustainable                       (ii)  the length of a period mentioned in
Planning Act 2009 (Chapter 6).                                               section 341 for the approval.
                                                            (3)     However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter—
LOT & OPERATIONAL WORKS
                                                                    (a) withdraws the submission before the
Division 8 - Appeals to court relating to                              application is decided; or
development applications
                                                                    (b) has given the assessment manager a
461     Appeals by applicants                                          notice under section 339(1)(b)(ii).
(1)     An applicant for a development application          (4)     The appeal must be started within 20
        may appeal to the court against any of the                  business days (the submitter’s appeal
        following-                                                  period) after the decision notice or
        (a) the refusal, or the refusal in part, of a               negotiated decision notice is given to the
           development application;                                 submitter.
        (b) any condition of a development approval,        463   Additional and extended appeal rights for
           another matter stated in a development                 submitters for particular development
           approval and the identification or inclusion           applications
           of a code under section 242                      (1)     This section applies to a development
        (c) the  decision to give a preliminary                     application to which chapter 9, part 7
           approval when a development permit was                   applies.
           applied for;                                     (2)     A submitter of a properly made submission
        (d) the length of a period mentioned in                     for the application may appeal to the court
           section 341;;                                            about a referral agency’s response made by
        (e) a deemed refusal of the development                     a prescribed concurrence agency for the
           application.                                             application.
                                                            (3)     However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                    against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                    extent it relates to—
        (the applicant’s appeal period) after—
        (a) if a decision notice or negotiated decision             (a) if the prescribed concurrence agency is
            notice is given—the day the decision                       the chief executive (environment)—
            notice or negotiated decision notice is                    development for an aquacultural ERA; or
            given to the applicant; or                              (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                    the    chief   executive      (fisheries)—
            required to be given to the applicant.                     development that is—
(3)     An appeal under subsection (1)(e) may be                       (i)  a material change of use of
        started at any time after the last day a                            premises for aquaculture; or
        decision on the matter should have been                        (ii) operational work that is the removal,
        made.                                                               damage or destruction of a marine
                                                                            plant
462     Appeals by submitters - general
                                                            (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application
                                                                    appeal against the following matters for the
        may appeal to the court only against-
                                                                    application even if the matters relate to code
        (a) the part of the approval relating to the                assessment—
           assessment manager’s decision about
                                                                    (a) a decision about a matter mentioned in
           any part of the application requiring
                                                                       section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                       chief executive (fisheries);
        (b) the part of the approval relating to the
                                                                    (b) a referral agency’s response mentioned in
           assessment manager’s decision under
                                                                      subsection (2).
           section 327.
                                                            464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1         (1)     Subsection (2) applies if an advice agency, in
        or more of the following—                                   its response for an application, told the
                                                                    assessment manager to treat the response
        (a) the giving of a development approval;                   as a properly made submission.
        (b) any provision of the approval including—        (2)     The advice agency may, within the limits of its
           (i)    a condition of, or lack of condition              jurisdiction, appeal to the court about—
                  for, the approval; or

                                                                                             Page 6 of 7

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                                                                                        2010/529

      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact assessment under section 314; or      (1)    A person to whom a notice under section
      (b) any part of the approval relating to the           378(9)(b) giving a decision to change or
          assessment manager’s decision under                cancel a condition of a development approval
          section 327                                        has been given may appeal to the court
(3)   The appeal must be started within 20                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is given to the person.
(4)   However, if the advice agency has given the     For Building Works Only
      assessment manager a notice under section       532    Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                            (1)    If—
465   Appeals about decisions         relating   to          (a) a person has been given, or is entitled to
      extensions for approvals                                  be given—
(1)   For a development approval given for a                     (i)       an information notice under the
      development application, a person to whom a                          Building Act about a decision
      notice is given under section 389, other than                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       (ii)      an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    (i)       was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 (ii)      is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions         relating   to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for
                                                      (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)   the person who made the request;
                                                                  an application other than a building
               or                                                 development application to a local
         (ii) an entity that gave a notice under                  government; and
               section 373 or a pre-request                  (b) the period required under that Act for the
               response notice about the request
                                                                  local government to decide the
      (b) if the responsible entity for making the                application (the decision period) has
          change is a concurrence agency for the                  passed; and
          application—the person who made the                (c) the local government has not decided
          request..                                               the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development
      business days after the day the person is                   committee against the lack of the
      given notice of the decision on the request                 decision and for the committee to decide
      under section 376.                                          the application as if it were the local
(3)   Also, a person who has made a request                       government.
      under section 369 may appeal to the court       (4)    An appeal under subsection (3) must be
      against a deemed refusal of the request.               started within 20 business days after the end
(4)   An appeal under subsection (3) may be                  of the decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.

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