Minor Change Existing Approval 132000.200465.3

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	132000.200465.3
Your Reference:	0164
10 November 2021
JT & S Property Pty Ltd
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 10 August 2021, requesting a minor change to an existing development approval. Council on 8 November 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132000.200465.3
Street address:	221 David Low Way Peregian Beach Qld 4573
Real property description:	Lot 51 SP 156203
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 28 November 2002
Development Permit for Material Change of Use of Premises – Hotel and Commercial Service (TAB) & Environmentally Relevant Activity
In relation to the request to make a minor change to the existing approval, Council on 8 November 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 1 & 3
Include additional conditions 52-56
currency period of approval
The currency period for this development approval is stated in the conditions below.

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 listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
SK.511	2	3D Render, prepared by Zest	12/07/2021
SK.101	2	Proposed Plans, prepared by Zest	12/07/2021
SK.103	2	Area Use Plan, prepared by Zest	12/07/2021
SK.103.1	2	Area Use Plan (Overall), prepared by Zest	12/07/2021
SK.104	3	Landscape Plan, prepared by Zest	15/09/2021
SK.105	2	Landscape Area Plan, prepared by Zest	12/07/2021
SK.510	2	3D Render, prepared by Zest	12/07/2021
SK.512	2	3D Render, prepared by Zest	12/07/2021
SK.513	2	3D Render, prepared by Zest	12/07/2021
SK.514	2	3D Render, prepared by Zest	12/07/2021
The plans shall be amended to provide for the acoustic measures required in condition 5 and submitted for approval to the Manager of Land Use prior issue of a Development Permit for Operational Works. The amendments required for the acoustic measures shall comply with the Strategic Plan objectives to maintain a high standard of amenity for the area.
The gaming area shall be delineated from other areas of the hotel.
The bistro, outdoor dining and bar areas shall be delineated by fixed landscaping structures from the proposed landscaped open space areas.
The proposed development shall comply with the noise management strategies contained in the report “Review of Noise Issues” prepared by Ron Rumble Pty Ltd, dated October 2002 and the following:
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. The background noise level is to be determined from site ambient noise level measurements over 24 hour period, minimum four days, including weekend.
Amplified Entertainment shall be limited to ensure noise limits required by Liquor Licensing are met.
Outdoor dining noise limits shall not exceed background + 5dB(A) for daytime and evening. The background noise level is to be determined from site ambient noise level measurements over 24 hour period, minimum four days, including weekend. To adequately control outdoor dining noise from the first floor bistro (north-west corner of proposed hotel), it may be necessary to enclose most of this area for the daytime and possibly fully enclose it for the night time period. Also the first floor bistro area on the North East side of the hotel would require the northern wall to be fully enclosed.
A 2.2 metre high acoustic barrier shall be constructed along the complete length of the northern and western boundaries. Heights of this acoustic barrier are to be relative to the finished level of the car park and with a minimum superficial mass of 15 kg/m2.
A 3 metre high acoustic barrier shall be constructed along the southern boundary for the complete width of this residence and extending 6 metres either side of this residence, then beyond this, tapering down to 2.5 metres high. Heights of this acoustic barrier along the southern boundary are to be relative to the finished level of the car park and have a minimum superficial mass of 15 kg/m2
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with conditions 5 to 5.5.
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.
The hotel and TAB shall not operate outside of 10am to 12pm 7 days a week, with the outdoor areas (outdoor court on the ground floor and the open-air bistro area on first floor) and drive thru bottleshop closed to patrons after 10pm Sunday to Thursday. In this regard the tables and chairs from ground floor outdoor area shall be stacked away and the first floor windows shall be closed after 10pm Sunday to Thursday. $10,000 of the cash bond or trading bank guarantee required in Condition No. 13 shall be held for 12 months after commencement of the use to review the performance of acoustic conditions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
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, providing for the retention of the site’s banksias where not located in the proposed access.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
The holding tanks for effluent and waste water shall have a minimum capacity of 30,000 litres.
The applicant is to note that Council is currently designing a sewerage reticulation system for the area and when sewerage reticulation is available (programmed for the 2003/2004 financial year), this development will be required to connect to the sewer at no cost to Council.
Prior to designing and installing the holding tanks, the applicant shall contact Council’s Water & Sewerage Capital Works Manager to determine the location of the future sewer connection.
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.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 28 November 2006, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.

Land Development
Lot Amalgamation
All separate, adjoining lots that form part of this application shall be amalgamated into one undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for registration at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to Council prior to the issue of the Development Permit for Operational Works.
Vehicle Access
A 6.0m wide vehicular access from the Heron Street / David Low Way roundabout is to be constructed to Council’s design standards for an industrial access.
The existing carpark access, south of the Heron Street / David Low Way roundabout, shall be assessed and rebuilt should it not meet Council’s industrial access standard as shown on Standard Drawing 9002.
Car Parking
Carparking shall be provided within the site as shown on site plan dated April 2002 as submitted by KR Architects except as modified herein for at least 41 spaces including 1 clearly marked disabled car space. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 2 and user class 4 for disable spaces.
The disable space shall be designed so that pedestrian access to and from the space is not via the driveway, as this is considered an unacceptable pedestrian access arrangement for a disabled person. To this end, a pedestrian path shall be provided to link this space with the entry to the building. The path shall also be designed to meet the appropriate disabled access requirements.
All carparking areas shall be drained and the sealed pavement constructed to an Access Road standard in accordance with Council’s Engineering Design Standards.   Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
All carparking shall be kept maintained and line-marked in a condition fit for use to the reasonable satisfaction of the Manager - Land Development.
A contribution in accordance with Planning Scheme Policy PSP 13 Contributions in Lieu of the Provision of Off Street Parking for 8 spaces shall be paid to Council prior to the issue of a Development Permit for Operational Works and the amount of the contribution shall be calculated at the rate current at the date of payment. An estimate only of the contribution rate as at March 2001 is $10,690 per car space short.
Frontage Works
At the completion of the Heron Street / David Low Way roundabout, the existing opening in the median within David Low Way, which currently provides access to the site, shall be closed off at no cost to Council.   Details of this work shall be prepared by a suitably qualified Registered Professional Engineer and submitted to the Council prior to obtaining a Development Permit for Operational Works.
A monetary contribution of $13,890 shall be paid to the Council prior to the issue of Development Permit for Operational Works towards the cost of frontage works / roadworks undertaken by Council, external to the development site (within the David Low Way). This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2002 until the date of payment.
Stormwater Drainage
Roofwater and surface water from northern car park area is to be collected on site and discharged through a single underground drain line into existing drainage in the David Low Way to the reasonable satisfaction of the Manager - Land Development. In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
Surface water from the southern car park area is to be collected on site and discharged through a single underground drain line into an approved drainage system in the southwest corner of the property to the reasonable satisfaction of the Manager - Land Development. In this regard, plans shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
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 and treated in a grease/oil arrestor provided on site prior to being discharged off-site.
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.
The developer shall negotiate with the downstream property owners for an easement to be created over any stormwater discharge from any part of this site onto neighbouring properties. This easement will cover the area necessary for Q100 flows and the underground pipe system to a lawful point of discharge. Council shall sight the easement documents prior to issuing a Development Permit for Operational Works.
As an alternative to the easement option, the developer may install an infiltration or combined detention/infiltration system under the car park to dispose of all flows up to a Q100 event. A Registered Professional Engineer of Queensland will certify this design and its construction.
All site stormwater drainage shall be by means of a gravity system.
Effluent Disposal
Deleted.
Water Supply Headworks
A contribution shall be paid to Council in accordance with Planning Scheme Policy PSP 28 Water Supply Headworks Contributions at the rates applicable at the time of payment. An estimate only of the contribution rate as at March 2002 under the current policy is as follows:
Water Supply	$ 8,646
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Sewerage Contribution
A contribution shall be paid to Council for the future use of Council’s sewerage reticulation system that is currently being designed for this area and is programmed for construction in the 2003/2004 financial year. An estimate only of the contribution rate as at March 2002 is as follows:
Sewerage	$ 12,755
This contribution must be paid prior to the issue of a Development Permit for Operational Works.
Sediment and Erosion Controls
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Operational Works. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of any works on site, all physical site control measures shall be installed, and approved plan adhered to.
General
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.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works and a Development Permit for Operational Works shall be obtained prior to the commencement of any works.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work. The application may combine any or all of these classes of work:-
Access and/or carparking
Roadworks
Stormwater Drainage
Frontage works
Effluent Disposal
Sediment and Erosion Controls
Landscaping
The person acting on this permit shall apply and obtain all other necessary permits including crane, road opening, hoarding, footpath occupation and/or any other approvals required under any other Act or By- Law.
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.
Environmental Health
An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
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.
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 the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
The development must allow refuse-loading areas to be located off street. All vehicles associated with the collection of waste/recyclables, shall enter and leave the site in a forward direction.
Provide cleaners sink to “storage area” adjacent to restaurant kitchen.
The bin washing area is to be roofed and the floor is to fall to a bucket trap prior to discharge to the on-site sewerage system. Rain water is to be excluded from the bin washing area. Bin washing is to take place only at the bin washing area
Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing. Where access is restricted, a pump out line is required.
New Conditions 8 November 2021
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 8 November 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Materials and Finishes
The cantilevered awning and new outdoor dining area is constructed using design elements and material that reflect the local streetscape character of the area.
Landscaping
The existing landscaping must be maintained by the Hotel in accordance with the approved landscaping plan.
Parking
A minimum of 2 wall mounted or ground level bicycle racks which comply with Australian Standards 2890.3 Bicycle Parking Facilities must be provided on site.
referral agencies
Not Applicable
advisory notes
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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	All building work.
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,

Maxwell Potter
Graduate Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice -28 November 2002.
Negotiated Decision Notice -27 February 2003, with an amendment to conditions 8, 12 & 25; delete condition 31
Decision Notice - Minor 22 January 2004; with change to condition 8
Decision Notice – Minor – 1 August 2007; with change to condition 5.2
Decision Notice – Minor – 8 November 2021; with amendment to condition 1 & 3; include additional conditions 52-55

	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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