REFUSAL Decision Notice MCU15/0122

Officer	Denis Wallace
Direct Telephone:	07 53296239
Our Reference	MCU15/0122
Your Reference	15180
19 August 2016

Medicentre Properties
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 18 August 2016 Council decided to refuse the application.
Details of the decision are as follows:
application details
Application No:	MCU15/0122
Street Address:	52, 54, 56 & 58 Goodchap Street and 3, 5 & 7 Val Crescent Noosaville
Real Property Description:	Lots 6, 7, 8 & 9 RP 138011 and Lots 13, 14 & 15 RP 151414
Planning Scheme:	The Noosa Plan (16 September 2013)
Type of Development
The application sought the following type of development approval:
Development Permit for Material Change of Use of Premises - Commercial Business Type 2 - Medical and Retail Business Type 2 - Shop
Reasons for Refusal
The development conflicts with the South East Queensland Regional Plan’s Desired Regional Outcome for employment because it detracts from future development at the Noosa Business Centre.
The development conflicts with The Noosa Plan’s provisions for the Detached Housing zone and is a significant departure in use type, scale and intensity of development intended for the site and would impact on the residential amenity of the area and streetscape of Goodchap Street and Val Crescent.
The development conflicts with The Noosa Plan’s provisions that seek to ensure new commercial development is located at Noosa Business Centre and other existing business centres in Noosa and would impact on development at those centres.
The development of medical uses in unplanned areas is likely to undermine the long term viability of the Noosa Business Centre as the Noosa’s principal business centre and focus for business and employment growth.
The applicant has not demonstrated significant need exists for the development at the subject site.
The development’s vehicle access and maneuvering provisions are inadequate and would cause impacts on the local road network.
The development would use spare capacity within the local road network, which is undesirable.
The applicant has not demonstrated sufficient grounds exist to overcome the development’s statutory planning conflicts.
referral agencies
Not applicable.
submissions
There were 31 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.
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.
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

Enc	Appeal Rights
List of Submitters

cc	Unitywater

	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))

Author	Address1	Address2	Email
T Flanagan	2/6 Project Ave	NOOSAVILLE QLD 4566	[email protected]
A Harris			[email protected]
S Davis	17 Val Cres	NOOSAVILLE QLD 4566	[email protected]
M Johnson	7 Val Cres	NOOSAVILLE  QLD 4566	[email protected]
E De Bree & B Manton	PO Box 1312	NOOSAVILLE QLD 4566	[email protected]
J Dillon	9 Val Cres	NOOSAVILLE QLD 4566	[email protected]
M Sulda	40 Weyba St	SUNSHINE BEACH QLD 4567	[email protected]
P Collis	16 Val Cres	NOOSAVILLE QLD 4566	[email protected]
M Parry-Thomas	76 Goodchap St	NOOSAVILLE QLD 4566	
D Streater & P Yrjanainen	16 June Cres	NOOSAVILLE QLD 4566	
J Evans	8 Val Cres	NOOSAVILLE QLD 4566	[email protected]
S & L Quin	12 Val Cres	NOOSAVILLE QLD 4566	
B Ford	10 Darnley St	TEWANTIN QLD 4565	[email protected]
C Knipp	52 Shipyard Circuit	NOOSAVILLE QLD 4566	[email protected]
R Gerken	9 Ann St	NOOSAVILLE QLD 4566	[email protected]
B Benecke	902/106 Sixth Ave	MAROOCHYDORE 4558	[email protected]
C Moffat			[email protected]
Elke Emele	20 Grevillea Lane	COOROY QLD 4563	[email protected]
L & J Kovassy			[email protected]
R Gill	45 Goodchap St	TEWANTIN QLD 4565	
S Llewelyn	19 Val Cres	NOOSAVILLE QLD 4566	
S Wheeler	14 Val Cres	NOOSAVILLE QLD 4566	
B Benecke-Uhrig	1 Wharf Rd	BLI BLI QLD 4560	[email protected]
S Uhrig	292 David Low Way	BLI BLI QLD 4560	[email protected]
J Koesling	22 Brushbox Pl	EUMUNDI QLD 4562	[email protected]
M Olsen	5 Melaleuca St	KULUIN QLD 4558	[email protected]
L Maguire	37 Ameen Circuit	MUDJIMBA QLD 4564	[email protected]
B Kraft	13 Muirfield Cres	TEWANTIN QLD 4565	[email protected]
Noosaville Medical & Professional Centre P/L	4 The Outlook	GLEN WAVERLEY VIC 3150	[email protected]
W Bannink	1/9 Hoop Court	MAROOCHYDORE QLD 4558	[email protected]
J Humphreys	PO Box 1797	NOOSA HEADS  QLD  4567	[email protected]

	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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