Refused Decision Notice MCU18 0204

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU18/0204
Your Reference:	P0002071
6 June 2019
Andema Pty Ltd TTE
C/- Urbis Pty Ltd
Level 7, 123 Albert Street
BRISBANE  QLD  4000
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 5 June 2019, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0204
Street address:	6 Heron Street Peregian Beach Qld 4573
Real property description:	Lot 69 P 9313  No related Land
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Material Change of Use - Entertainment & Dining Business - Type 1 Food & Beverage, Retail Business - Type 2 Shop & Salon and Commercial Business Type 1 - Office
reasons for refusal
Refuse the application for the following reasons:
The proposed development is contrary to the Overall and Specific Outcomes of the Eastern Beaches Locality Code as the development is not compatible with the preferred built form outcomes as:
The proposed building height exceeds 8.0 metres and 2 storeys and is not consistent with structures on adjoining and surrounding land nor responsive to the informal beachside character of the locality;
The development presents as a 3 storey building and does not contribute to an informal village-like atmosphere that engenders a ‘sense of space’ and public focus for local community interaction and activity;
The proposed development will visually dominate the street, adjacent properties, surrounding spaces and the existing skyline;
The proposed development exceeds the allowable plot ratio and results in a building which presents an appearance of excessive bulk to adjacent properties, roads and other areas in vicinity of the site.
The proposed development does not present subtle changes in colours, textures and materials to break up the building facades.
The development is contrary to the Driveways and Carparking Code as the proposal does not provide any car parking on site and the car parking demand is likely to exceed the car parking demand generated by the previous use of the site for a grocery store.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.4.3.1.1 – Contaminated land (unexploded ordnance)	The agency provided its response on 29 January 2019 (Reference No.1901-9196 SRA). A copy of the response is attached

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.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Kerri Coyle
Manager, Development Assessment

Enc:	Referral Agency Response
Appeal Rights

cc.	SARA at DILGP
PO Box 1129 Maroochydore
Email [email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ceeN

 

ovement

‘State Development,
Manufacturing,
Infrastructure and Planning
Department of State Development, Manufacturing, Infrastructure and Planning
‘Statement of reasons for application 1901-9196 SRA

(Given under section 58 ofthe Planning Act 2016)

 

 

 

Departmental role: Referral agency
Applicant details
‘Applicant name: “Andema Pry Lic
‘Applicant contact details: CL Urbis Ply Lid
Level 7, 123 Albert Steet
Brisbane QLD 4000
[email protected]
Location details
‘Street address: ‘6 Heron Street, Peregian Beach
Real property description: Lot 8 on P9313
Local government area: Noosa Shire Councit
Development details
‘Development permit, ‘Material change of use for entertainment and dining business

(type 1 food and beverage}, retail business (type 2 shop and salon) and
‘commercial business (type 1 — office)

Assessment matters

‘Aspect of development ‘Applicable codes:

‘requiring code assessment

 

 

Planning Regulation 2017, ‘State Development Assessment Provisions (SDAP), version 2.4,
‘Schedule 10, Part 4, Division 3, | State Code 13: Unexploded Ordnance

Table 1, tem 1—

Contaminated land (unexploded
cordnance)

 

 

 

 

Reasons for the department's decision
“The reasons for this decision are:
‘© The proposed development site is identifed as having substantial unexploded ordnance (UXO)
potential.
‘+ The proposed development is within an existing urban setting and the UXO potential can be
‘managed suitably for the proposed use.
‘+ To ensure the development manages the land in a manner that protects human safety and the
‘environment.

Decision

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
venue

 Maroochyore
Page 1 of2 POBox 1128, Maroochydore QLD 4555

 


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1001-0106 SRA

‘+ The development application is for material change of use for entertainment, dining, retail and
commercial businesses.

‘+ Referral agency response, with conditions issued: 29 January 2019)

Relevant material

‘+ Submitted development application material

‘+ State Development Assessment Provisions published by the Department of State Development,
Manufacturing, Infrastructure and Planning, version 2.4
Planning Act 2016
Planning Regulation 2017

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f2

 

 


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ee) NOOSA COUNCIL


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ovement

‘State Development,

‘Manufacturing,

Infrastructure and Planning
urreference: ‘1001-0186. SRA

Yourreference: — MCUT@/0204

28 January 2019

‘The Chief Executive Officer
‘Noosa Shire Council
POBox 141

“Tewantin Qld 4565
‘[email protected]

Attention: Mr Patrick Murphy

Dear Mr Murphy

Referral agency response—with conditions
(Given under section 5 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, Infrastructure and Planning on 14 January 2019.
Applicant details
‘Applicant name: ‘Andema Ply Lid
Applicant contact details: Cl Urbis Pty Ltd
Level 7, 123 Albert Street

 

 

 

Brisbane QLD 4000
[email protected] au

Location details

‘Street adaress: 6 Heron Street, Peregian Beach

Real property description: Lot 68 on P9313

Local government area: ‘Noosa Shire Council

Application details

‘Development permit, ‘Material change of use for entertainment and dining business

(type 1 food and beverage}, retail business (type 2 shop and salon) and
‘commercial business (type 1 — office)

‘South East Queensland (Nor) regional
oe

Iie ane ung, Level 3, 12First
‘Averae Martyr
Page ofS POBox 1128 Maroochydore CLD 4552

 

 


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1001-9106 SRA

Referral triggers
“The development application was referred tothe department under the following provisions of the
Planning Regulation 2017:

© 1043.14 ‘Contaminated land (unexploded ordnance)

 

Conditions
Under section 56(1)(b)() of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
bbe attached to any development approval

Reasons for decision to impose conditions
‘The department must provide reasons forthe decision to impose conditions. These reasons are set out in
Attachment 2.

‘Advice to the applicant
‘The department offers advice about the application tothe applicantsee Attachment 3.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Candace Mitchell, Senior Planning Officer, on 5352 9708 or via
‘email SEQNorthSARA@dsdmip ald gov.au who will be pleased to assist.

‘Yours sincerely

 

‘Garth Nolan
‘Manager (Planning)

ce Andema Ply Lid, [email protected]
lene Attachment 1~Conditons to be imposed

‘Astachmant 2—-Reacons for decision to impose conditions
‘Astachmant 2 Advi to the applicant

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f5

 


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1001-9106 SRA

Attachment 1—Conditions to be imposed

 

‘Condition

No, | Conditions
timing

 

Development permit - Material change of use

 

‘Schedule 10, part 4, division 3, table 1, item 1 — Contaminated land (unexploded ordnance)—The chief
‘executive administering the Planning Act 2016 nominates the Director-General ofthe Department of

State Development, Manufacturing, Infrastructure and Planning to be the enforcement authority for the
‘development to which this development approval relates forthe administration and enforcement of any
matter relating to the following condition(s)

 

1] Provide written confirmation to the Department of State Development, Prior tothe
Manufacturing, Infrastructure and Planning by an approved contractor on the | commencement
Australian Goverment, Department of Defence, Unexploded Ordnance (UXO) | of works

Panel thatthe subject site has been remediated and cleared of Unexploded

Ordinances.

“The Unexploded Ordnance (UXO) Panels found online at:
haw. defence qov aulestatemanagement/support/dehp/WheToEngade ast

 

 

 

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page Set

 


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1001-0106 SRA

Attachment 2—Reasons for decision to impose conditions

‘The reasons for this decision are:

‘©The proposed development site is identifed as having substantial unexploded ordnance (UXO)
potential.

“The proposed development is within an existing urban setting and the UXO potential can be

‘managed suitably forthe proposed use.

‘To ensure the development manages the land in a manner that protects human safety and the

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page dof

 


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1001-0106 SRA

Attachment 3—Advice to the applicant

 

General advice

 

7. Provide the owner, occupier and any person employed to work on the subject site the folowing
information:

(a) Residual UXO may stil exist following remediation and all work should proceed with due
caution.

{(b) The procedure to be followed by any person finding an object suspected of being
‘explosive ordnance or component thereof:
TT Advise the Police immediately.
‘Do not disturb the object.
lil Take action, where appropriate, to prevent it being disturbed,

{c) Another person,
“i Note its approximate dimensions and general appearance.

Ji Note the route to its location.

(@) Applicants wanting to find out more details of area management advice (AMA), current
[UXO investigations and remedial search contractors may use the folowing websites:
Department of Environment and Science hito:/iwww.ehp ald aov.au OR
‘Commonwealth Department of Defence hitov/www.defence.qov.auluxo

 

 

 

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page Sof