Decision Notice - Council Meeting Decision MCU22 0062

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	MCU22/0062
Your Reference:	n/a
21 September 2022
Queensland Property Developments Pty Ltd
C/- Wiltshire Stevens Architects Pty Ltd
32 Thomas Street
WEST END  QLD  4101
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 September 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU22/0062
Street address:	2 Emerald St Cooroy Qld 4563
Real property description:	Lot 47 C 5602
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Office
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
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 Plans
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-01	G	Floor Plans Prepared by Wiltshire Stevens Architecture	23.08.2022
SK-02	G	Elevations Prepared by Wiltshire Stevens Architecture	23.08.2022
SK-04	G	Sections Prepared by Wiltshire Stevens Architecture	23.08.2022
Building Appearance
The parapet to the Emerald Street frontage is to be removed and replaced with a hip roof design.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice or if shown on the approved plans.
Street awnings must be provided for the full frontage of the building to Emerald Street. The awning must be designed to provide maximum continuous solar and rain protection and promote all weather activity but provide opportunities for street tree planting and landscaping. The width of the awning must be determined in consultation with the Manager Development Assessment prior to the issue of the operational works approval and is to include a sloping roof form. Posts are to be provided and must be located to the outer most point of the awning so as not to impede pedestrian traffic.
Ground floor shopfront glazing along the Emerald Street frontage must be fully transparent to a minimum of 65% of the street frontage to allow passive surveillance and encourage social interaction and must be provided at full height (floor to ceiling).
Any security screens on the premises consist of grille or translucent screens and not solid shutters, screens or roller-doors.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary.
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Roof materials must be non-reflective and designed with colours and styles to minimise the visual impact of the development.
The street awning must extend for the full width of the frontage and be setback 1m from the face of the kerb. Amended plans must be submitted prior to the issue of an operational works approval.
All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided along the full length of the proposed pedestrian/cycleway.
Currency Period
This development approval lapses if the use has not happened by 15 September 2028 unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8m to the peak of the roof line.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
External Works – Wimmers Lane
Wimmers Lane must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of kerb and channelling, road widening and underground stormwater drainage to the development side only. The final extent and alignment of works to be determined as part of the subsequent Operational Works approval.
Road Widening of Wimmers Lane
The developer must dedicate as “road” a 2m wide strip extending across the full frontage of the site to Wimmers Lane. The dedication must be in accordance with drawing number Plan number SK01 Version G dated 23 August 2022 prepared by Wiltshire Stevens Architecture.
The dedication must be completed prior to the commencement of the use.
External Works – Emerald Street
Emerald Street must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a full width pathway extending from the property boundary to the kerb and channel.
works to transition the new full width pathway to match smoothly with the existing frontages of the adjoining properties. These works will extend beyond the frontage of the subject site. The transitions must be constructed at grades that are in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks.
any necessary relocation or alteration to existing access from Emerald Street to the adjoining property at 4 Emerald Street must be undertaken. The type and extent of these works must be in agreement with the adjoining property owner and clearly shown on plans submitted for operational works.
Any relocation/reinstatement of existing services in the road verge.
These works are to be undertaken at no cost to Council.
Site Access and Driveways
A sealed access driveway must be provided from Wimmers Lane to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with RS-051 and any associated addendum.
Car Parking
A minimum of 23 car parking spaces and 2 motor cycle spaces must be provided and marked on the site for the commercial development, and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
pedestrian routes in accordance with the conditions of this Decision Notice .
1 disabled parking space within the total.
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath along one side of Wimmers Lane and Emerald Street.
the resealing of the existing asphalt path fronting the development.
Pedestrian and bicycle facilities must be provided for the development and include:
10 bicycle parking spaces and 5 lockers; and
one shower cubicle with ancillary change room.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:
works generally in accordance with the Stormwater Layout Plan. Fig 1.2 Revision B prepared by Callaghan & Toth dated 6 July 2022;
extension of the site stormwater system to accommodate stormwater from the existing external drainage pipe from Lot 2 on RP44101 to the east; and
the use of gravity stormwater drainage and not surcharge pits.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
A 1.5 metre wide easement for stormwater drainage purposes must be registered against the title of the property in favour of Lot 2 on RP44101 and be generally in accordance with the Stormwater Layout Plan. Fig 1.2 Revision B prepared by Callaghan & Toth dated 6 July 2022. The easement must be of sufficient width to wholly encompass the drainage infrastructure and extend to the Emerald Street boundary.
A 2.0 metre wide easement for “Public Thoroughfare” purposes must be registered against the title of the property in favour of Council. The easement must be located directly adjacent to the eastern property boundary and extend for the full length between Wimmers Lane and Emerald Street. The easement must be:
clearly shown on all plans submitted for Operational Works; and
registered prior to the commencement of the use.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
referral agencies
Not applicable
advisory notes
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. For  further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges

Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.

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 Operational Works	Frontage Works, Access, Driveway, Stormwater, Landscaping, Pathways
Development Permit for Building Works	All building works
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

	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]	
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