MCU15/0029 - Decision Notice

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	MCU15/0029
Your Reference:	N/A

31 July 2015

Raveside Pty Ltd Tte
C/- RG Strategic
PO Box 1363
NOOSA HEADS  QLD  4567

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 30 July 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU15/0029
Street Address:	Common Property &  Unit 2, 18 Duke Street Sunshine Beach  Qld  4567
Real Property Description:	Lots 0 & 2 BUP 10594
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 1 - Food & beverages
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plan
Development undertaken in accordance with this approval must generally comply with the approved plan of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Site Plan drawn by Linda McDougall for RG Strategic	03/04/15
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 6am to 10pm Monday to Sunday.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The outdoor dining area within the site must not exceed 5m2.
No structure or use area within the road reserve is approved or implied by this development permit, with a separate permit process applicable.
Noise
External speakers or amplified music are not permitted.
Amplified music must not be audible outside the building before 7.00am or after 7.30pm.
Prior to the commencement of the use the operator must submit and obtain Council approval of a Noise Management Plan for the site, addressing the following development aspects (as a minimum) in order to minimise noise from the development:
Fitout design to minimise internal noise reverberation and patron noise;
Use of outdoor dining areas
Patron management and responsible service of alcohol
Refuse management
Opening and closing procedures
The use shall operate in accordance with the approved Noise Management Plan.
Noise emission from the use shall not exceed Maximum Background + 5dB(A) between the hours of 7.30pm to 10pm.  Where Council reasonably believes the noise limit has been exceeded, noise monitoring must undertaken by a suitably qualified acoustic engineer and provided to Council to demonstrate compliance with the noise limit.
Noise emission from any new mechanical equipment associated with the use shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum Background + 5dB(A)
10pm to 7am: Maximum Background + 3dB(A)
Submission of written certification from a suitably qualified person confirming that the noise levels from any new mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Refuse
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Landscaping
Landscaping upgrades shall be undertaken to the frontage areas generally in accordance with the submitted plan titled “Landscaping Plan” drawn by Lynda McDougall for RG Strategic dated 15/04/15.
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Disabled Access
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.
Food Premises
Where any food premise is included in this development, the following is required:
Plans and application is to be made to Council’s Waste and Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction of the food premises must comply with the Toolbox Fit-out Guide and the Food Safety Standards (both available from Council or www.lgtoolbox.qld.gov.au).
Toilets for customers and staff to be provided in accordance with Building Code of Australia.  Obtain advice from a building certifier on numbers and standards, including disabled access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any licensable food business as defined in Chapter 3 of the Food Act 2006, must obtain a licence from Council prior to use of those premises.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to 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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (All building work)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
There were 41 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.
reasons/grounds for approval
Not Applicable
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.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Adopted Infrastructure Charge Notice
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Name	Address	Email
Gavin Piper	26 Duke Street	Sunshine Beach QLD 4567	[email protected]
Russell Rollington			[email protected]
Milan Sejka	56 Elanda Street	Sunshine Beach QLD 4567	
Lew Wheller			[email protected]
David Wright			[email protected]
Krishna Moore	40 Solway Drive	Sunshine Beach QLD 4567	
Phoebe Thomas	5 Duke Street	Sunshine Beach QLD 4567	
Gary Emanuel	PO Box 2002	Noosa Heads Qld  4567	
Diana Sejka	56 Elanda Street	Sunshine Beach QLD 4567	
Elizabeth Moresi	15 Corona Street	Sunshine Beach QLD 4567	
Alan Sinclair	19 Ross Crescent	Sunshine Beach QLD 4567	
Wendy & Robert Dungey	2/37 Duke Street	Sunshine Beach QLD 4567	[email protected]
MKS Jadaan			[email protected]
Sarah Rollington	26/238 Bowen Tce	New Farm  Qld 4005	[email protected]
Ian Houselander			[email protected]
Joel Harris	2/18 Duke Street	Sunshine Beach QLD 4567	
Darlene Boularas	3 Hill Street	Sunshine Beach QLD 4567	
Brendan Georgeson	2/41 Belmore Tce	Sunshine Beach QLD 4567	
David Berns	6 Weyba Street	Sunshine Beach QLD 4567	
Brian Keayes	1/9 Hill Street	Sunshine Beach QLD 4567	
Sacha Dobinson-Yates	26 Ferris Street	Sunshine Beach QLD 4567	
Jasmin Boyd	2 Hill Street	Sunshine Beach QLD 4567	
Sarah Hill	43 Nairana Rest	Noosa Heads Qld  4567	
Anita Butler	PO Box 1307	Noosa Heads Qld  4567	
Meta Georgeson	6 Weyba Street	Sunshine Beach QLD 4567	
Margaret Teper	1/10 Crank Street	Sunshine Beach QLD 4567	
PB Smith	2/41-45 Duke Street	Sunshine Beach QLD 4567	[email protected]
Marky Jashir	10/22 Douglas St	Sunshine Beach QLD 4567	
E & P Payne	45 Duke St	Sunshine Beach QLD 4567	Sunshine Vista <[email protected]>
Peter Thomas	5 Duke St	Sunshine Beach QLD 4567	
Stephen Kidd	PO Box 262	Noosa Heads Qld  4567	[email protected]
Bob & Kerry Roberts	17/128 Oxlade Drive	New Farm  Qld  4005	
Dan Moore	40 Solway Dr	Sunshine Beach QLD 4567	
Peter Brewer	PO Box 1127	Noosa Heads Qld  4567	
Robert Rollington			[email protected]
Judith Rollington			[email protected]
TA Douglas	PO Box 1221	Devonport  TAS  7310	
Jane Hicks	PO Box 1221	Devonport  TAS  7310	
Linda Staley	14-16 Duke St	Sunshine Beach QLD 4567	[email protected]
Paul Phillips	30 Lavington St	Coorparoo  QLD  4151	
Belinda Clarke	1/69 Pacific Ave	Sunshine Beach QLD 4567	

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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