Minor Change Existing Approval 51901.4780.06

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	51901.4780.06
Your Reference:	n/a
18 February 2019
Gympie Terrace Pty Ltd Tte
29 the Promontory
NOOSAVILLE 4566
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 January 2019, requesting a minor change to an existing development approval. Council on 15 February 2019 decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51901.4780.06
Street address:	203 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 2 RP 138699
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 26 March 1970 – TPC56
Development Permit for Material Change of Use of Premises – Shopping complex to be constructed in stages
In relation to the request to make a minor change to the existing approval, Council on 15 February 2019, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend conditions 6 and 7
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (51901.4870) took effect.

assessment manager conditions
To be read in conjunction with previous approval TPC 56 Conditions 1 to 5, copy attached.
Additional Conditions March 2014; 6 & 8 changed July 2015; 6 changed 4 February 2016; 6 & 7 changed 15 February 2019
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans and documents listed in the table below:
Plan No.	Iss.	Plan Name, prepared by	Date
1512 SK05 A		Elevations drawn by Greg Gibbs Architects	Jul 2015
1512 Usage	A	Site Plan drawn by Greg Gibbs Architects	FEB 2019
1865 SK04		New Outdoor Dining, drawn by Gregg Gibbs	OCT 2018
The outdoor dining covered (membrane) deck near tenancy 10 must not be enclosed. Clear ‘café style’ blinds may be used for weather protection.
A minimum of 12 car parking spaces plus 4 motorcycle/scooter parks must be provided to the car park fronting Gympie Terrace and 14 car parking spaces in the car park accessed via Thomas Street in accordance with the approved plans. The car parks must be marked on the site and made available and accessible at all times while the businesses are open.
The car parking area and access driveway must be maintained exclusively for vehicle parking and maneuvering and kept in a tidy and safe condition at all times.
Additional Condition 21 September 2015
10.	Development authorised by this approval must be undertaken generally in accordance with the Approved Plan listed in the table below:
Plan No.	Plan Name, prepared by	Date
	Level 2 (Above Red-on-Thomas), prepared by P Shaw	31 Aug 2015
Additional Conditions – February 2016
Use Areas for Entertainment and dining business Type 1 – Food and beverages (restaurant) must be in accordance with those shown on the Approved Plans.
Additional low level landscaping must be provided in the garden bed located along the Thomas Street boundary.
referral agency conditions
Not Applicable
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 National Construction Code - Building Code of Australia – (Volume One) 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 National Construction Code 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)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards
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 3247 6212 to discuss any obligations under the ACH Act.
Additional Advisory Notes – February 2016
Infrastructure Charges
This Change to an Existing Approval will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).
This Change to an Existing Approval is based on the following approved uses and quantities:
Approved Development
Unit No	Approved Use Class / Use	Approved Quantity
1	Entertainment and dining type 1 food & beverages	55m²
2	Retail business type 2 shop/salon, & Entertainment and dining type 1 food & beverages	35.5m² plus 19.5m² (covered outdoor dining)
3	Retail business type 2 shop/salon	35.5m²
4	Retail business type 2 shop/salon	35.5m²
5	Retail business type 2 shop/salon, & Entertainment and dining type 1 food & beverages, & Commercial business type 1 office	35.5m²
6	Retail business type 2 shop/salon	93.1m²
6A	Retail business type 2 shop/salon	85.8m²
6B	Retail business type 2 shop/salon	64.6m²
7	Entertainment and dining type 1  food & beverages	56m² plus 27m² (covered outdoor dining)
8	Retail business type 2 shop/salon, & Entertainment and dining type 1 food & beverages	44.5m²
9	Entertainment and dining type 1 food & beverages	44.5m² plus 3m² (covered outdoor dining)
10	Entertainment and dining type 1 food & beverages (including 5m² outdoor dining)	74.5m²
11 & 12	Entertainment and dining type 1 food & beverages	144m²
13	Retail business type 2 shop/salon	78m²
14	Commercial business type 1 office	63m²
15	Commercial business type 1 office	69m²
16	Commercial business type 1 office, & Retail business type 2 shop/salon	105m²
Additional Advisory Notes – 15 February 2019
Infrastructure Charges
5. 	This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. The infrastructure charge has been based & issued on the increase in development from the previous lawful use approved under 51901.4780.04 relating to Entertainment and dining business • Type 1 Food & beverages as follows:
Outside Tenancy 10 = landscaped seating area (non-defined use) to Outdoor Dining use = additional 20m2
Outside Tenancy 9 = increasing Outdoor Dining use from 3m2 to 6m2 = additional 3m2
Outside Tenancy 8 = increasing Outdoor Dining use = additional 3m2
Outside Tenancy 3 = increasing Outdoor Dining use = additional 9m2
Total additional gross floor area attributable to the use = additional 35m2
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works
self assessable codes
Advertising Devices Code
submissions
Not Applicable
reasons / grounds for appoval
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.noosa.qld.gov.au, or at Council offices.

Yours faithfully,

Glen Conforti
Development Planner

Enc:	copy of TPC56
New Infrastructure Charge
Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 26 March 1970 – Stage 1, June 1971 – Stage 2.
Decision Notice - Minor 51901.4780.01 – 25 March 2013 - additional conditions 6, 7, 8 and 9 –
Minor - 51901.4780.02 – 28 July 2015 – change conditions 6 & 8
Minor – 51901.4780.03 – 21 September 2015 – Change development approval to include Commercial Business and include addition condition 10,
Minor - 51901.4780.04 – 4 February 2016 – change to condition 6, include additional conditions 11 & 12, include additional advisory note 3 & 4;
Minor - 51901.4780.05 – GIA to change plans

	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]	
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ee) NOOSA COUNCIL