Minor Change Existing Approval 132004.4078.12

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	132004.4078.12 : JELDER
Your Reference:	n/a
23 November 2020
Noosa Heads Surf Life Saving Club Inc
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 October 2020, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132004.4078.12
Street address:	61 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 3 CP 862568
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 7 April 2005.
•	Development Permit for Material Change of Use for Indoor Entertainment (redevelopment of Noosa Heads Surf Life Saving Club), and Amend existing lease to reflect the approval over the site and taking into consideration the toilets and tourism centre.
In relation to the request to make a minor change to the existing approval, Council on 23 November 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 1.
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (132004.4078) took effect.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are titled and numbered DA 100 Site Plan, DA 101 Ground Floor Plan, DA 102 First Floor Plan, DA 103 Roof Plan, DA 104 South elevation, DA 105 West elevation, DA 106 North Elevation drawn by PCA Architects and dated 3 January 2017, DA 108 Hastings Street Extension drawn by PCA Architects dated 4 April 2017 and DA 109 External Folding Sliding glass screens drawn by PCA Architects and dated 10 April 2017 and may be amended by these conditions.
Additional approved plans approved on 05/03/2018 are listed in the following table.
Plan No.	Rev.	Plan/Document Name	Date
A01	A	Site Plan, prepared by Anthony Moyes Designs	27 February 2018
A02	A	Floor Plan, prepared by Anthony Moyes Designs	27 February 2018
A04	A	Elevations, prepared by Anthony Moyes Designs	27 February 2018
A20	A	3D Perspectives, prepared by Anthony Moyes Designs	27 February 2018
Minor change to approval 132004.4078.10
DA100	A	Site Plan, drawn by PCA Architects	03/01/2017
DA101	B	Ground Floor Plan, drawn by PCA Architects	03/01/2017
DA102	C	First Floor Plan, drawn by PCA Architects	03/01/2017
DA103	A	Roof Plan, drawn by PCA Architects	03/01/2017
DA104	C	South Elevation, drawn by PCA Architects	03/01/2017
DA105	C	West Elevation, drawn by PCA Architects	03/01/2017
DA106	C	North Elevation, drawn by PCA Architects	03/01/2017
Minor change to approval 132004.4078.12
DA101	B	Ground Floor Plan, drawn by PCA Architects (new roof 08.10.20) (as annotated by Council)	03/01/2017
		Render 1 – Proposed Roof over BBQ area	08/10/2020
		Render 2 – Proposed Roof over BBQ area	08/10/2020
		Roof Plan – Proposed Roof over BBQ area (as annotated by Council)	08/10/2020
		Structural details - Proposed Roof over BBQ area	08/10/2020
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.
Existing trees on the site and within road reserves are to be retained, except where nominated to be removed due to building operations.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines.  Such landscaping is to be completed prior to the final completion and operation of the premises and maintained at all times thereafter.
Security in the form of a cash bond or trading bank guarantee to the sum of $25 000 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.
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.
A rolla-door or other similar gate device may be installed at the basement vehicle entrance.  This device is to be fitted with a swipe card and/or intercom system so as not to restrict access to members of the Surf Club or patrons of the commercial facilities.
No line marking or signage shall be erected reserving any space for club employees, members or similar persons, with the exception of two carparking spaces adjacent to Tourist Information Centre and one of the spaces in the basement car park, which shall be signposted for restricted usage, making these spaces available for the Tourist Information Centre during business hours.  The two spaces in the south eastern corner adjacent to the Tourist Information Centre are to be further restricted to allow this area to be used by service vehicles for loading and manourvring purposes. In this regard, no parking is permitted in these two spaces between 6am and 9.30am, 7 days a week to allow for service vehicle loading and manourvring purposes.  One of the car parking spaces in the south eastern corner adjacent to the Tourist Information Centre should be designated for disabled car parking.
The commercial operations on the site are restricted to the hours of 7:00am to 12 midnight, 7 days a week.
Any deck areas that are to be partially enclosed or enclosed are to be in accordance with the plans referred to in Condition 1.
Deleted.
The Tourist Information Centre and Public Toilets shall be generally in accordance with the approved plans, with the final design and location of these facilities being determined having regard to Crime Prevention Through Environmental Design (CPTED) principles and incorporating measures such as screening and landscaping in order to protect the amenity of neighbouring properties to the reasonable satisfaction of Manager Land Use.
Any new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
The north eastern deck area adjacent to the restaurant dining area is permitted to operate between 7am to 12am seven (7) days a week, after which it is to be closed off. External windows on north east deck area must be closed at 10pm.
The northern deck area is permitted to operate between 7am and 12 midnight, seven (7) days a week.
Secure bicycle racks shall be provided on site to accommodate a minimum of 8 bicycles.  The proposed bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of the Manager, Land Use.  In addition, the applicant shall make a monetary contribution $2,400 to Council in lieu of 6 bicycle spaces.  Such monetary contribution shall be made to Council prior to the commencement of the use to enable the future purchase and installation of 3 bicycle racks (ie. hoops) within the vicinity of the site.
End of trip facilities (ie. lockers, showers and change rooms) shall be provided within the approved building in accordance with the approved plans.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural), to support the efficient use of natural resources and minimise consequent pollution.
The Development Permit for a material change of use of premises lapses if the use has not happened by 10 May 2011 unless an application to extend the currency is approved by Council.
Land Development
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Hastings Street frontage of the site with a maximum width of 6.0 metres and shall be generally in accordance with drawing numbered 0626-SK02-F prepared by Middap Ditchfield Pty Ltd and dated 17 January 2007 and drawing “Figure 2” dated 18 January 2007 prepared by McCormick Rankin Cagney.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS2890.1:2004 and AS2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
Deleted.
A Traffic Management Plan for the demolition and construction phases of the development shall be submitted to and approved by Council prior to the issue of any Development Permits for Demolition or Building.  The Traffic Management Plan shall include but not be limited to:
Limiting the routes for the heavy vehicles to the major road network and prohibit the use of the local roads as access to the site;
Indicate provision for on-site parking for the required workforce; and
Operating hours.
Loading Areas
Car parking spaces numbered 1 and 2 shall be clearly linemarked and signed indicating “No Parking 6am to 9.30am”. The remainder of the required access and turning areas for delivery and refuse vehicles shall be clearly linemarked and signed to prevent misuse. The type and extent of the linemarking and signage be clearly indicated on plans submitted for Operational Works approval.
All vehicles shall enter and leave the site in a forward direction.
Carparking
Off Street
Carparking shall be provided within the site as shown on drawing number 0626-SK02-F dated 17/1/07 as prepared by Middap Ditchfield Pty Ltd Architects, except as modified herein.
A minimum of 19 car parking spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
Deleted.
All carparking shall be kept, maintained, line-marked and clear of refuse and/or equipiment storage and in a condition fit for use at all times.
Vegetation Protection
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of the pervious pavement and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting across the Hastings Street frontage of the site shall be provided in accordance with the Hastings Street Masterplan. The necessary footpath improvements shall be constructed by the applicant at no cost to Council unless the required works have been previously constructed by Council. Should the works have already been constructed by Council the subject site shall be subject to a special rate levy to contribute towards Council’s costs for the Hastings Street Masterplan works.
All existing vegetation within the Hastings Street road reserve shall be protected and retained except where removal is required to enable construction of approved buildings, access and services or as otherwise approved under any Development Permit.
New concrete paths shall be constructed across the Hastings Street frontage of the site in accordance with the Hastings Street Masterplan. The necessary footpaths shall be constructed by the applicant at no cost to Council unless the required works have been previously constructed by Council. Should the works have already been constructed by Council the subject site shall be subject to a special rate levy to contribute towards Council’s costs for the Hastings Street Masterplan works.
Pram ramps shall be installed at the intersection of the footpath and any vehicle access in accordance with Council’s Standard Drawing 9006.
All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Undergrounding Power
The existing overhead electricity wires to the Hastings Street frontage of the development shall be redirected underground to help beautify the Hastings Street street scape and aid with the growth of street trees.  This work shall be at no cost to Council.
Stormwater Drainage
Roof runoff shall be directed to a rainwater storage system or tank (minimum storage 9000 litres) that is plumbed to service the toilets and landscaping.  The design of the rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures in Hastings Street.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
All stormwater drainage lines including inter-allotment drainage shall be inspected by closed circuit television (CCTV) prior to commencement of the approved Use.
CCTV inspection will be carried out by Council's CCTV contractor and arranged by Council following satisfactory completion of construction works.  The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.  This charge is payable prior to the issue of Operational Works approval and will be determined on the unit rate basis current at the time of approval.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences or structures that border the development site. Fences that are affected shall be replaced prior to plan endorsement.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures, and make recommendations on the type of foundation system(s) best suited for the proposed development.  This information shall be submitted to the Council for assessment and approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
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.
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.
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.
Deleted.
Environmental Health
Should a fuel operated emergency generator be provided approval for the Underground Petroleum Storage System approval must be obtained under the Dangerous Goods & Safety Management Act of Queensland and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Health Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage”.
An annual licence is to be obtained from Council’s Environmental Health Section with respect to the storage of flammable or combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods & Safety Management Act of Queensland. Application for such a licence is to be made at the time of submission of an application for Building Approval.
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 and drink is sold, prepared, packed, stored, handled, served or supplied for sale.
Waste Management
Additional details are required to be submitted and approved by Council’s Manager of Environmental Health prior obtaining a Development Permit for Operational Works.
Deleted.
Deleted.
The developer shall submit to Council a Waste Management Plan for the construction or demolition phase of the development.  The Waste Management Plan is to contain the following information:
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) should be provided on the plan drawings accompanying your application.
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.  Areas shown on Drawing 0626-SK02-F dated September 2006 is satisfactory.
Noise
The proposed development shall comply with the noise management strategies contained in the report “Noosa Heads Surf Lifesaving club Alterations & Extensions Noise Impact Assessment” prepared by Ron Rumble Pty Ltd, dated January 2007, and the following:
Amplified Entertainment shall be limited to ensure noise limits required by Liquor Licensing are met. During the detailed design phase of the clubhouse advice shall be sought from an acoustic consultant and shall give consideration to the attenuations measures listed under section 8.3 of the above noise report. Outdoor dining noise limits shall not exceed background + 5dB(A) for daytime and evening, with the north eastern deck area as identified on the approved plans closed after 12am.
The Loading area shall not be used by trucks larger than small rigid vehicles outside the hours of 7am to 6pm (excluding approved waste vehicles), with small rigid vehicles permitted to use the dock until 10pm.
Plant equipment shall not exceed 50 dB(A) daytime and evening; 40 dB(A night-time; or background + 5 dB(A) daytime and evening and background +3 dB(A) night-time, whichever is the lower.  All associated acoustic measures shall be integrated with the roof line and building design in a manner that does not dominate or impact on the skyline and streetscape to the reasonable satisfaction of the Manager, Land Use.
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with the above requirements.
Noise from building works is to comply with:-
Limited to between 7:00am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.
Trade Waste
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.
Full truck access is to be provided to each grease arrestor and/or pre-treatment device for clearing and servicing.  The location of the grease arrestor and/or pre-treatment devices shall be detailed on plans to the satisfaction of Council prior to obtaining a Development Permit for Operational Works.
Additional Conditions 19/01/06
Land Use
The TAB area shall be no greater that 44.2 m².
Deleted.
Deleted.
Deleted.
The landscaping plan submitted for a Development Permit for Operational Works shall identify the provision of 2 x 100 Litre Tuckeroo and 1 x 100 Litre Coastal Banksia along the eastern elevation of the building to replace the species required to be removed as a result of the development.
Additional Conditions 10/05/07
Land Use
All buildings and structures, with the exception of the roof structure for the Tourist Information Centre, are not permitted to extend into the road reserve.
Environmental Health
Adequate kitchen and food storage space shall be provided as per architects Middap Ditchfield Drawing No. 0626SK04-C, dated September 2006.
The development must allow refuse-loading areas to be located off street to permit all vehicles associated with the collection of waste/recyclables to enter and leave the site in a forward direction.   In this regard, Drawing SK02-F dated September 2006 is satisfactory for the 10 metre long street litter waste vehicle.
Land Development
The applicant shall contribute $3,000 towards the installation of an artistically designed and constructed buffer/bumper to ensure that an errant vehicle does not damage the rear walls of the proposed Tourist Information Centre. The design for the buffer/bumper shall be undertaken by Council’s Manager Design and the Gallery Director.
Additional Conditions 8/05/2017
Landscaping
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Exposed timber surrounds to garden beds must not create a trip hazard.
Rehabilitation of garden areas must:
Be undertaken immediately following completion of the construction works;
In accordance with the approved plans and ‘Proposed Landscape Report and Proposed Plant Schedule as prepared by John Hope Designs, dated 3 March 2017;
Result in the area being stable and landscaped.
General
The installation of the windows on the western façade of the building must be in accordance with the Acoustic advice provided by TTM, dated 12 April 2017.
The structural poles currently supporting the shade sails on the south western corner must be removed as part of the construction of this area.
Additional conditions 17/10/2019
The conditions and recommendations as set out in the Entertainment Noise Test Report, prepared by SoundBASE, dated 18 February 2019, Patron Noise Assessment prepared by SoundBASE, dated 1 March 2019 and Patron Noise Addendum prepared by SoundBASE, dated 28 July 2019 must be complied with.
A noise management plan is to be established. This must include a plan for patron seating and all or any other noise generating activities. All complaints need to be properly documented. The noise management plan must be approved by an acoustic engineer and provided to Council for recording purposes.
Deleted.
Deleted.
referral agencies
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Acid Sulphate Soils	Advice Agency	Department of Natural Resources & Mines	PO Box 573,  Nambour  Qld  4560
Coastal Management District	Concurrence Agency	Environmental Protection Agency	Coastal Unit (Southern Region) PO Box 155, Brisbane Albert Street  Qld  4002
A copy of any referral agency conditions is attached.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that 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.
Development Application for Building Work to be also referred to Queensland Fire and Rescue Services.
Deleted.
The applicant is informed that payment of the following Infrastructure Charge and contribution amounts as at December 2006 have been waived in accordance with Council’s Policy for Rate Rebates and Waiver of Fees for Community Organisations:
Council’s Coastal Major Road Network Infrastructure Charges Plan	$135,558
Council’s Planning Scheme Policy PSP12 Public Open Space Contributions	$2,035
Council’s Planning Scheme Policy PSP17 Water Supply Headworks Contributions	$25,651
Council’s Planning Scheme Policy PSP16 Sewerage Headworks Contributions	$25,707
Council’s Planning Scheme Policy PSP20 Pathway Trunk Network Contributions	$2,056
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.
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.
For café or restaurant the developer must provide toilets for customers and staff in accordance with the Building Code of Australia.
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.
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, storm water drain or a watercourse.  On the spot fines apply for such offences.
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 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.
Trade Waste
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
Council approval must be gained prior to the discharge of Trade Waste to Council’s sewerage system.  Approval may be granted through the issuing of a Trade Waste Permit.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
Trade Waste approval is required for any car park, car or boat wash facilities.
Additional Advisory Note 10 May 2007
The proposed development is outside of the existing lease area and therefore an application to Council is required to change the existing lease area.
Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
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:-
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;
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;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
Should a fuel operated emergency generator be provided approval for the Underground Petroleum Storage System approval must be obtained under the Dangerous Goods & Safety Management Act of Queensland and the Environmental Protection Act 1994. The application for such approval shall be lodged with Council’s Environmental Health Section and shall include an assessment by a competent person of the site’s class pursuant to the “Operators Compliance Guide for Petroleum Product Storage
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 (ACH Act).
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 ACH 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.
You should contact the Cultural Heritage Co-ordination Unit to discuss any obligations under the ACH Act.
Additional Advisory Note – 5 March 2018
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue
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.
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 Building Works	Redevelopment of Surf Life Saving Club Facilities
Development Permit for Operational Works	Landscaping, carparking and access, stormwater drainage and excavation of materials to fill another site
submissions
There were 7 properly made submissions and 1 not properly made submissions received.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice -7 April 2005 insert date.
Negotiated Decision Notice – 21 July 2005 – amend condition 7 & 14
Decision Notice Minor Change -132004.4078.02 - 19 January 2006 – amend conditions 1, 5, 20, 26 & Advice condition 4; include 5 additional conditions, delete conditions 60.1 & 60.2 and Advice condition 3
Decision Notice Minor Change -132004.4078.03  – 10 May 2007 – Amend conditions 1, 4, 5, 8, 9, 10, 12, 13 – 20, 24, 26, 27, 29, 32, 33, 61, 62,  65, 70 and Advice condition 4, delete conditions 22, 56, 67, 68 & 69, include additional condition and 6 additional advices
Decision Notice Minor Change -132004.4078.04 – 22 November 2007 – Refuse to change condition 9
Decision Notice Minor Change -132004.4078.06  – 12 March 2010 – Amend conditions 16, 26 & 27, delete conditions 11 & 29
Decision Notice Minor Change -132004.4078.08   – 8 May 2017 – change to condition 1 & 10, include 5 additional conditions
Decision Notice Minor Change -132004.4078.09 – 5 March 2018 – amend condition 1, include additional Advisory Note 23
Decision Notice Minor Change -132004.4078.10 – 17 October 2019 – Amend condition 1, 14 and 62.1, include additional conditions 80, 81 82 & 83.
Decision Notice Minor Change - 132004.4078.11 – 18 December 2019 - delete conditions 82 & 83
Decision Notice Minor Change – 132004.4078.12 – 23 November 2020 – Amend condition 1.

	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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ee) NOOSA COUNCIL