Change Existing Approval - 132003.220966.2 - 5 Commerce Ct NOOSAVILLE - 23479 DA Indoor Ent (fitness studio)

Officer:	Jack Lewis
Direct Telephone:	07) 5449 5183
Fax:	(07) 5475 7277
Response Address:	Locked Bag 72, SCMC 4560
Our Reference:	JL:23479 DA

14 February 2011

Toni Glen
PO Box 399
NOOSA HEADS  QLD  4567

Dear Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 6 December 2010 to make a permissible change to an existing approval granted on 18 December 2003.  On 10 February 2011, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	132003.220966.2 (23479 DA)
Street Address:	5 Commerce Ct NOOSAVILLE
Real Property Description:	Lot 3 RP 230888
Planning Scheme:	The Noosa Plan (11 May 2009)

DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use – Indoor Entertainment (Fitness Studio)

In relation to the request to make a change to the existing approval, Council decided to:

A.	Approve a change to Condition 3.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is identified in the assessment manager conditions.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are labelled Proposed Fitness Centre, Site Plan/Parking – Jane Muir and dated November 2003 and as may be amended by these conditions.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
The fitness studio shall operate in accordance with the following:
3.1	A maximum of 10 persons (including 1 instructor) per class between the hours of 8am and 4pm;
3.2	A maximum of 29 persons (including instructor’s and staff) per class outside of the above hours;
3.3	The fitness studio shall not operate outside the hours of 5am to 9pm; and
3.4	Group classes shall be staggered with 15-minute intervals between them to reduce the potential for classes overlapping.
Provision is to be made for four carparking spaces for the facility. These carparks must be line-marked and maintained at all times.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 18 December 2007, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Land Development
The proposed additional carparking space detailed on the approved plan labelled Proposed Fitness Centre, Site Plan/Parking – Jane Muir and dated November 2003, shall be at least 2.8 metres wide and comply with the provisions of AS 2890.1-1993 for user class 2.
Environmental Health
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Development Permits
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works

REFERRAL AGENCY CONDITIONS

Not Applicable

APPROVED PLANS/DOCUMENTS

The approved plans and/or documents for this development approval are detailed in the assessment manager conditions.

ADVISORY NOTES

The following advisory notes are for information purposes only and do not form conditions of approval.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Works – All Building Works

SELF ASSESSABLE CODES

Not Applicable

SUBMISSIONS

Not Applicable

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

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.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY
18 December 2003	Original Decision Notice
10 February 2011	Change to Existing Approval with amendment to Condition 3

Yours faithfully

Denis Wallace
Senior Development Planner

Encl. 	Appeal Rights
Approved Plans/Documents

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

PD-DA-FM383/5-09/08/2010	Page 5 of 5

PD-DA-FM383/5-09/08/2010	Page 1 of 5

132003.220966.2