MCU14/0087 - Decision Notice - Refusal

Officer	Glen Conforti
Direct Telephone:	53296241
Our Reference	MCU14/0087
Your Reference	N/A
20 January 2015

CM Davies
Sea Sounds
7/32 Avocet Parade
PEREGIAN BEACH  QLD  4573

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 15 January 2015 Council decided to refuse the application.
Details of the decision are as follows:
application details
Application No:	MCU14/0087
Street Address:	13 Noosa Drive Noosa Heads  Qld  4567
Real Property Description:	Lot 5 RP 91777
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 - Retail Business Type 2 – Shop & Salon
Reasons for Refusal
1.	The proposal provides inadequate, and poorly accessible on site vehicle parking and manoeuvring areas;
2.	Additional vehicles accessing the site from the proposed business are likely to impact on the pedestrian and traffic safety of Noosa Drive; and
3.	The proposal is contrary to the overall outcomes of the Noosa Plan’s Driveways and Carparking Code.
referral agencies
Not Applicable.
submissions
There were 51 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

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

Author	Address 1	Address 2
JM White	2/16 Solway Dr	SUNSHINE BEACH  QLD  4567
DJ Dron	21 Depper St	SUNSHINE BEACH  QLD  4567
H Martin	PO Box 406	TEWANTIN  QLD  4565
A Krause	15/5 Belmore Tce	SUNSHINE BEACH  QLD  4567
Feng Yun Xiao	5-7 Belmore Tce	SUNSHINE BEACH  QLD  4567
S Smith	4 Hazelwood Crt	NOOSAVILLE  QLD  4566
J Jarratt	5 Koel St	NOOSAVILLE  QLD  4566
P Jarratt	5 Koel St	NOOSAVILLE  QLD  4566
Joshua Court	3 Mizzen Crt	NOOSAVILLE  QLD  4566
James Court	70 Hilton Tce	NOOSAVILLE  QLD  4566
P Court	3 Mizzen Crt	NOOSAVILLE  QLD  4566
J Rowland	4/139 Moorindil St	TEWANTIN  QLD  4565
L Tierney	18 Gumnut Ct	TEWANTIN  QLD  4565
T Jedynak	6 Hastings St	NOOSA HEADS  QLD  4567
L Jedynak	6 Hasting St	NOOSA HEADS  QLD  4567
D Court	5 Bertrand Rd	SUNSHINE BEACH  QLD  4567
M Court	PO Box 506	NOOSA HEADS  QLD  4567
J Hughes	4 Ruby St	COOROY QLD  4563
A Deville	5 Yallara Court	NOOSA HEADS  QLD  4567
K Kearney	6 Yallara Crt	NOOSA HEADS  QLD  4567
L Morris	2/9 Hill St	SUNSHINE BEACH  QLD  4567
P White	2/27 Eumundi Rd	NOOSA HEADS  QLD  4567
R Cethem	10/293 Weyba Rd	NOOSAVILLE  QLD  4566
D Nancarrow	PO Box 829	NOOSA HEADS  QLD  4567
S Daddow	66 St Andrews Dr	TEWANTIN  QLD  4565
P Wallace	66 St Andrews Dr	TEWANTIN  QLD  4565
D Brownlee	Noosa Lakes Resort	NOOSAVILLE  QLD  4566
B Marian	64 Templeton Way	NOOSA VALLEY  QLD  4560
W Wallace	PO Box 95	TEWANTIN  QLD  4565
P White	27 Eumundi Rd	NOOSAVILLE  QLD  4566
J Phyland	99 Cooyar St	NOOSA HEADS  QLD  4567
J Phillips	283 David Low Way	PEREGIAN BEACH  QLD  4573
D Jones	51 St Andrews Dr	TEWANTIN  QLD  4565
R Hay	17 Wave Ave	NOOSAVILLE  QLD  4566
M Pringle	7 Adams St	SUNSHINE BEACH  QLD  4567
E Byrne	12 Adams St	SUNSHINE BEACH  QLD  4567
L Leslie	32/39 Lake Weyba Rd	NOOSAVILLE  QLD  4566
M Thomas	20 Southern Cross Pde	SUNSHINE BEACH  QLD  4567
K Tolhurst	293 Middle Creek Rd	FEDERAL  QLD  4568
E Phyland	99 Cooyar St	NOOSA HEADS  QLD  4567
P Dwyer	PO Box 2144	NOOSAVILLE  QLD  4566
C Oolt	25 Seafarer Ct	CASTAWAYS BEACH  QLD 4567
J Della	181 Kioske Rd	BRISBANE  QLD
A Della	181 Kioske Rd	BRISBANE  QLD
M Green	11Liberty Court	SUNRISE BEACH  QLD  4567
E Malcolm	Noosa Nursing Home Moorindil St	TEWANTIN  QLD  4565
J Malcolm	Noosa Nursing Home Moorindil St	TEWANTIN  QLD  4565
C Howe	16 Wild Apple Ct	NOOSA HEADS  QLD  4567
K Stump	25 Rainbow Cres	SUNRISE BEACH  QLD  4567
R Green	25 Rainbow Cres	SUNRISE BEACH  QLD  4567
Body Corporate Ocean Breeze	PO Box 450	NOOSA HEADS  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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MCU14/0087

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MCU14/0087

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