MCU16/0044 & REC16/0009 -Decision Notice

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	MCU16/0044 & REC16/0009
Your Reference:	15024

25 July 2016

Noosa Shire Council
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH  QLD  4573

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 21 July 2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU16/0044 REC16/0009
Street Address:	253 & 255 David Low Way & 5-7 Rufous Street, Peregian Beach
Real Property Description:	Lot 94 SP 137431, Lot 95 SP 137431 & Lot 1 SP 215942
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Commercial Business Type 1 Office, Entertainment & Dining Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and Open Space Type 1 Sport & Recreation
Development Permit to Reconfigure a Lot - Boundary realignment
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE CONDITIONS – MCU16/0044
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
SD A 1.2		Site Plan, prepared by Sparks Architecture	
SD A 1.2.1		Site Plan  - Stage 1, prepared by Sparks Architecture	
Community House
SD C 1.1		Basement Floor Plan, prepared by Sparks Architecture	
SD C 1.2		Ground Floor Plan, prepared by Sparks Architecture	
SD C 2.1		North Elevation, prepared by Sparks Architecture	
SD C 2.2		East Elevation, prepared by Sparks Architecture	
SD C 2.3		West Elevation, prepared by Sparks Architecture	
SD C 2.4		South Elevation, prepared by Sparks Architecture	
SD C 3.1		Section B, prepared by Sparks Architecture	
SD C 4.1		Perspective, prepared by Sparks Architecture	
Digital Hub
SD B1.1		Ground Floor Plan, prepared by Sparks Architecture	
SD B1.2		First Floor Plan, prepared by Sparks Architecture	
SD B1.3		Roof Plan, prepared by Sparks Architecture	
SD B2.1		North Elevation, prepared by Sparks Architecture	
SD B2.2		East Elevation, prepared by Sparks Architecture	
SD B2.3		South Elevation, prepared by Sparks Architecture	
SD B2.4		West Elevation, prepared by Sparks Architecture	
SD B3.1		North Elevation, prepared by Sparks Architecture	
SD B4.1		Perspective, prepared by Sparks Architecture	
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
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.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Nature and Extent of Approved Use
The Entertainment and Dining Business use must not operate outside the hours of:
a.	6am to 10pm Monday to Thursday
b.	6am to Midnight Friday and Saturday
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 7pm Monday to Saturday and not at all on Sundays or public holidays.
ENGINEERING
Site Access and Driveway
A sealed access driveway must be provided from Rufous Street to all parking and manoeuvring areas of the development generally in compliance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ R- 050 and to that grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for footpath and pedestrian movements along the footpath and grassed verge without any step or trip hazard
for pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Car Parking
Car parking must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the car parking must be in compliance with the provisions of AS/NZS 2890.1-2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
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
the temporary car park located in the southwest corner of proposed lot 3. This temporary car park (23 spaces) must be constructed prior to the decommissioning of the existing car park in preparation for construction of the digital hub building on proposed Lot 2.
Reinstatement Works
Where required, any redundant driveway must be removed, and the kerb verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb.
Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Easements
Easements of appropriate width must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be created in accordance with the requirements of planning scheme and granted at no cost to the Grantee.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks must be carried out in compliance with an Operational Works Development Permit and must be generally in accordance with the approved plan.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
The development works must not adversely impact on the stability of the subject site or other properties.
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
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 in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer. The works must include in particular:
extension of the development site stormwater system to accommodate surface stormwater runoff from any adjoining property that naturally drains through the site or may potentially be affected by the development, including the registration of drainage easements; and
the use of gravity stormwater drainage.
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
Stormwater Quality
The detail design for the development must incorporate appropriate measures, as recommended and certified by an RPEQ, to limit stormwater runoff from the development in 1 year ARI events to the predevelopment 1 year ARI event.
A stormwater quality treatment system must be provided to treat all stormwater runoff from the development to achieve a 90% reduction in gross pollutants, 80% reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous and 45% reduction in Total Nitrogen compared to if no stormwater quality treatment was provided.
The Stormwater Quality Treatment System provided to the development must be certified by a RPEQ that it has been modelled and designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines (2006), Water By Design Music Modelling Guidelines (2010) (or the Water By Design Deemed to Comply Solutions where relevant). Any bioretention basins to achieve the outcome must be designed in accordance with the Water By Design Bioretention Technical Design Guidelines (2014).  The works must be undertaken in accordance with an operational works approval.
Any water quality treatment devices must become an educational landscape feature of the development and include signage stating what the water quality treatment device is, the pollutants it removes, and the waters it will protect.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1).  Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the approved Landscape Concept plan 01 Rufous Street Master Plan – Community Building.
provision of koala food trees to the western portion of the site in accordance with The Noosa Plan Landscape Code
sufficient space and growing media to accommodate an advanced local native canopy tree for every 4 carparks in accordance with the Noosa Plan Landscape Code
all landscaping must be in accordance with Planning Scheme Policy 3 Landscaping Plants and Guidelines and the Noosa Plan Landscape Code
all plant species must be suitable for the local area, consist mainly of local native species and non-local native species must not be invasive species.
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
provision of 1 street tree within the road reserve for every 8 metres of road frontage.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Treatment of Temporarily Vacant Land
Where some or all of the land remains vacant or undeveloped for more than 3 months, or buildings are demolished and redevelopment is delayed for more than 3 months, the following works must to be carried out:
the site must be cleared of all rubble, debris and demolition materials
the site must be graded to prevent ponding (to the same level as the adjoining footpath wherever practicable), grassed and mown at a minimum 3 weekly intervals
the site must be landscaped with perimeter planting consisting of advanced specimens of fast growing tree species
the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths
where fencing is installed to secure boundaries:
i	the fencing must be durable and not capable of being pushed or blown over
ii	the fencing type must not detract from local amenity (barbed wire is not acceptable)
iii.	vandalism must be promptly repaired and any graffiti removed.
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 nuisance or other emissions.
RECONFIGURING A LOT APPROVAL CONDITIONS - REC16/0009
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
54230/A	A	Plan of Development Proposed Boundary realignment between Lots 94 and 95 on SP137431 and Proposed Easements, prepared by Murray & Associates	27/04/16
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue Maroochydore  Qld  Email:[email protected]	Schedule 7, Table 3, Item 11 – Land Contaminated because of unexploded ordnance	The agency provided its response on 28 June 2016. A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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 1) 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 more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works
Development Permit for Operational Works (Landscaping, Stormwater, Car Parking)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
Six (6) properly made submissions were received.
reasons/grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The development meets emerging community needs for co-work spaces and digital industries.
The development provides new start-up, incubation, networking and development opportunities for Noosa business and community uses.
The community based development aligns with the intent of the site’s community zoning and retains significant open space and recreational areas.
The development is consistent with Noosa Council’s adopted Rufous Street Precinct Master Plan.
The development will not adversely impact on existing residential or commercial uses.
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.
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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
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

cc	Unitywater

SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558

Enc:	2 x Infrastructure Charge Notices
Referral Agency Response
Approved Plans/Documents
List of Submitters
Appeal Rights

	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))

B Vawser	39 Cormorant Cres	PEREGIAN SPRINGS QLD 4573	N/A
F Stoopman	6 Ibis St	PEREGIAN BEACH QLD 4573	[email protected]
Peregian Beach Community House Inc – M Goss & E Crook	PO Box 20	PEREGIAN BEACH QLD 4573	[email protected]
L & A McHugh	245 David Low Way	PEREGIAN BEACH QLD 4573	[email protected]
Peregian Beach Community Association Inc	PO Box 296	PEREGIAN BEACH QLD 4573	[email protected]
Peregian Beach Business Association Inc	1 Parkana Cres	BUDDINA QLD 4575	[email protected]

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	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
				Page 1 of 22

[word/header1.xml]
MCU16/0044

[Attachment: image10.png (image text)]
vwren7789

Ourreforance:  WRIBII7764
Council referance: MCU16/0044 and REC110009
Your reference: 16024

Attachment 3—Further advice

 

Warnings and Advice for Lot 94 & 95 on SP137431
Categorisation Criteria - ‘Substantial’ listing

 

7

Sites categorised as being ‘substantial’ will have a history of numerous UXO finds or heavy
residual fragmentation. Areas likely to be assessed as substantial include impact areas,
‘demolition sites and areas of heavy explosive ordnance dumping.

 

Provide the owner, occupier and any person employed to work on the subject site the
following information:
1, Residual UXO may stil exist fllowing remediation and all work should proceed with
ue caution,
2. The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof
1+ Advise the Police as soon as possible.
Do not disturb the abject,
‘Take action, where appropriate, to prevent it being disturbed by another person.
Note its approximate dimensions and general appearance
Note the route to its location.

Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors may use the following websites:

DEHP: httoz/wmw chp old, gov au/assets/documents/requlation/chis-area-advice-uxo.pdf OR

‘Commonwealth Defence Force hitp:/uwww defence, cov auluxa!

 

General Advice

 

 

3

 

Allland usage may continue without specific UXO search or remediation, subject to an
‘appropriate risk assessment, Development andlor land usage re-zoning proposals for land
parcals considered to be subject to a substantial UXO should only proceed folowing the
‘conduct of UXO investigation and remediation. (please refer to the defense web page
regarding UXO investigation and remediation advice:

hllp:fimww. defence, gov au/UXO/PaneIStzeams.asp

 

Deparment of niasructre, Local Goverment and Paming Pages

 


[Attachment: image11.png (image text)]
Our reference: WRI6II7764
Council reference: MCU 6/0044 and REC16/0009
Your reference: 15024

‘Attachment 4—Approved plans and specifications

This page has been left intentionally blank.

Depart of Inasetuce, Local Goverment nd Placing Page?


[Attachment: image12.png (image text)]
 

 

PLANS AND DOCUMENTS: we
referred to in the a
DEVELOPMENT APPROVAL,

‘Approval no: WRISTS...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PLANS AND DOCUMENTS
referred to
DEVELOPMENT APPROVAL

 

 

 

 

 

 

 

‘Approval no: Rve77e4
Date: FANE POE

 

 

 

 


[Attachment: image14.png (image text)]
 

PLANS AND DOCUMENTS
referred toin the
DEVELOPMENT APPROVAL.

Approval no: #RIs!77,

 

 

Date: UNE 20.

 

 

 

 

 

 

 

 

 

Table of Revisions
FONE, REWSION

     
 

PROPOSED FUTURE
EASEMENT?

 

 

 

 

 

 

 

MURRAY&
ASSOCIATES

 

 

 

‘Proposed Boundary
realignment between

Lots 94 & 95 on SP1S7431

and Proposed Easements

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[Attachment: image5.png (image text)]
Ourreference:  WRI6/17764

 

Queensland
Government

Deparment of infrastructure,
weal Governmentand Planning

‘Counc! reference: MCU16/0084 and REC16/0009

Yourreference: 15024

28 June 2016

Brett de Chastel

‘The Chief Executive Officer

Noosa Shire Council
PO Box 141
‘TEWANTIN QLD 4565

Dear Sir,

‘Concurrence agency response—with conditions
253-255 David Low Way PEREGIAN BEACH QLD 4573 and
5-7 Rufous Street PEREGIAN BEACH QLD 4573

{Lots 94 & 95 on $P137431 and Lot 1 on SP215942

(Given under section 285 ofthe Sustainable Ptanning Act 2008)

‘The referral agency material for the development application described below was received
by the Department of Infrastructure, Local Government and Planning (the Department)
under section 272 of the Sustainable Planning Act 2009 on 14 March 2016,

Applicant details

Applicant name:

Applicant contact details:

Site details

Noosa Shire Council
Ce Adamson Town Planning
PO Box 78

Peregian Beach QLD 4573
www.adamsontownplanning.com.au

 

Street address:

Lot on plan:
Local government area:

Pepe

253-255 David Low Way PEREGIAN BEACH QLD 4573 and
5-7 Rufous Street PEREGIAN BEACH QLD 4573,

Lots 94 & 95 on SP137431 and Lot 1 on SP215942
Noosa Shire Council

‘SEQ North Resion
ova ike Aor Bung

12 Fre Avene

PO Sor 1120 Marosctydere OLD 4859


[Attachment: image6.png (image text)]
Application details

 

Proposed development: Development Permit for Material Change of Use
(Commercial Business Type 1 Office, Entertainment &
Dining Business Type 1 Food & beverages, Wellbeing Type
2~ Social and Open Space Type 1 Sport Recreation); and

Development Permit for Reconfiguring a Lot (boundary
realignment)

Aspects of development and type of approval being sought

 

 

 

[Nature of ‘Approval Brief Description of Proposal Level of
Development Type _ —__| Assessment

Material Change of | Development | Material change of use (Commercial | Impact

Use permit Business Type 1 Office, Entertainment | Assessment

| & Dining Business Type 1 Food &
beverages, Wellbeing Type 2 ~ Social
and Open Space Type 1 Sport

 

 

 

 

Recreation)
Reconfiguring a | Development | Reconfiguring @ Lot (boundary immpact
Lot permit | realignment) : Assessment

 

 

Referral triggers. 7
The development application was referred fo the department under the following
provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, tem 11—Land contaminated because of
unexploded ordnance

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval

Reasons for decision to impose conditions
Under section 2891) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Further advice
Under section 287(6) of the Sustainable Planning Act 2008, the department offers advice
about the application to the assessment manager—see Attachment 3,

Approved plans and specifications
‘The department requires that the following plans and specifications set out below and in
Attachment 4 must be attached to any development approval

 

(Drawing/Report Title ‘Prepared by Date | Reference no. | Version/issue |

 

Aspect of development: material change of use

 

 

 

 

 

 

[Proposed Boundary | Murray & Associates | 14/04/2016 [54230 ___| Revision A

 

epainent of insane, Local Government an Planing Pago


[Attachment: image7.png (image text)]
 

wai7764

 

 

 

 

 

‘and Realignment
between Lots 04 &
9500 SP137431,
prepared by, dated
Ground floor pian Sparks Architects Date stamped | drawing NA
28 JUNE 2016 | number SD
Bit
Site Plan Sparks Architects Date stamped | drawing NA
28 JUNE 2016 | number SD
A12,

 

 

 

 

 

 

‘A copy of this response has been sent to the applicant for their information.

For further information, please contact Rebecca Taylor, Principal Planning Officer on 3882
8411 or email SEQNorth gp.ald.gov.au and she willbe pleased to assist

Yours sincerely

Garth Nolan
Manager (Planning)

  
 

cc:__Noosa Shire Council, CI- Adamson Town Planning [email protected]
fenc: _Allachment 1—Condions to be imposed

‘tachment 2—Reasons for decision {a impose conditions

‘Alachment 3—Further advice

‘tachment &—Agproved Plans and Specifications

Department of tesrucur, Local Goverment and Planing Pages

 


[Attachment: image8.png (image text)]
Ourreference:  WRI6/7764
Council reference: MCU 16/0044 and REC 16/0009
Yourreterence: 15024

Attachment 1—Conditions to be imposed

vwva64

 

  

 

 

 

 

 

 

 

 

‘No. | Conditions Condition

ming

Development Permit - Material Change of Use and Reconfiguration of a Lot

‘Schedule 7, Table 3, tem 11 - Land contaminated because of unexploded ordnance —Pursuant to section

2550 of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the

Director-General of Department of Environment and Heritage Protection to be the assessing authority for

the development to which this development approval relates for the administration and enforcement of any

matter relating to the following condition(s)

7, | The development must be carried oul generally in accordance with the Prior to the
following plans: ‘commencement

‘+ Proposed Boundary and Realignment between Lots 94 & 95 on of use and to
‘SP137431, prepared by Murray & Associates, dated 14/04/2016, be maintained
reference number 54230 revision A; atalltimes.

‘+ Ground floor plan, prepared by Sparks Architects, drawing number SD
Bitjand

‘+ Sit Pian, prepared by Sparks Architects, drawing number SD A.1.2.

2. _ | Provide written confirmation to the Department of Environment and Heritage Prior to the
Protection by an approved contractor on the Australian Government, Department | commencement
fof Defence, Unexploded Ordnance (UXO) Panel that the subject site has been | ST any works.
remediated and cleared of Unexploded Ordnances.

‘The Unexploded Ordnance (UXO) Panel is found ontine at:
bitp ima. defence. gov aulestatemansgement/suppor/DEHP/WhoToEngage. aso.
Contact
Contaminated Land Registry Team
EMR.CLR [email protected]
Department of Environment and Heritage Protection
‘GPO Box 2454, Brisbane QLD 4001
Phone: 1900 130372
Deparment of astute, Lace! Goverment and Pang Pope 4

 


[Attachment: image9.png (image text)]
Ourreference:  WRI6/17764
Council reference: MCU16/0044 and REC16/0008
Your reference: 15024

Attachment 2—Reasons for decision to impose conditions

 

‘The reasons for this decision are:

+ To ensure the development is carried out generally in accordance with the plans of
development submitted with the application; and

+ To ensure the development manages the land in a manner that protects human
safety and the environment,

esata of nestuctive, Local ovemment and Pening Page s