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Minor Change Existing Approval 131998 981643 3 [As Published]
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: 131998.981643.3
Your Reference: 24086
20 March 2025
Calardu Noosa Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 December 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 131998.981643.3
Street address: 1/7-9 Gibson Rd Noosaville Qld 4566
Real property description: Lot 1 SP 127822
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 14 October 1998.
• Development Permit for Material Change of Use of Premises – Showroom & Professional
Offices
In relation to the request to make a minor change to the existing approval, Council on 14 March
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include additional condition 34.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Building
1 The plans submitted for a Development Permit for building works are to comply with the
approved plans with the applicant to note that the aspect of disabled access to upper levels
may need consideration at time of lodgement of building works.
2 Construction work and other associated activities are permitted only during the hours of
7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except
where extended hours are approved by the Building Surveyor.
Health
3 The developer must provide approved refuse containers in accordance with requirements
of the Environmental Protection (Interim Waste) Regulations 1996 for the storage and
collection of refuse to the satisfaction of Council’s Environmental Health Officer.
4 The developer must provide an imperviously paved area to accommodate all refuse and
recycling containers to the reasonable satisfaction of Council’s Environmental Health
Officer. This area is to be aesthetically screened from any road frontage or adjoining
property boundary. A suitable hosecock, hoses and approved drainage outlet to Council’s
sewer, are to be located in the vicinity of the refuse container area for washing containers.
5 The developer is obtain a Trade Waste Permit for this business. The completed application
together with a fee of $125.00 and two (2) sets of professionally drawn plans showing the
Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be
submitted to Council. Approval is to be obtained prior to the commencement of any
construction associated with this development.
6 All refrigeration plant, including motors, shall be situated within the building or suitably
provided with noise reduction and shall be located as to prevent disturbance beyond the
subject land.
7 Airconditioning units shall be located in a manner which prevents noise disturbance beyond
the subject land.
8 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.
Engineering
9 The existing 83 off-street car parking spaces are to be maintained on the subject site.
10 The developer shall connect to Council's existing water supply and sewerage reticulation
systems at the developer's expense to the standards and requirements of Council's Shire
Engineer.
11 The applicant is to grant reciprocal easements over the common boundary between lots
897 & 898 on RP 904040. Such easements are to be in a form which will satisfy this
requirement.
12 The developer shall provide a metered water connection/metered water connections from
the water supply system to the proposed development, in accordance with Council's
standards and to the satisfaction of the Shire Engineer.
13 Filling is not approved for this site. Minimum floor levels for the development are defined
within the Planning Scheme and will be set by Council’s Surveyors upon application and
payment of the required fee.
14 Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage at the Gibson Road frontage of the site, to the
satisfaction of the Shire Engineer. A Development Permit for building works shall not be
granted until the Shire Engineer has approved of the drainage scheme.
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15 The developer shall be responsible for the control of erosion and sediment export from the
site.
Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, may be necessary. The developer shall be required to submit
an erosion and sediment control plan. This plan is to be approved by the Development
Engineer, prior to the issue of a Development Permit for building works.
A $ 5000 site control bond is required, to ensure compliance with this condition.
16 Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered DA01-04 inclusive
prepared by Leffler Simes Pty Ltd Architects and dated 18 August, 1998 and as may be
amended by these conditions.
17 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.
18 The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines and a properly prepared landscape plan submitted. Such
landscaping is to be completed prior to the premises being occupied and maintained at all
times thereafter to the reasonable satisfaction of the Manager of Planning.
19 The Landscaping plans are to provide for large feature trees, minimum of 100 litre, in the
car park and frontage areas of the development.
20 Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
21 All goods are to be displayed on site within the property boundaries. There is to be no
display of goods on the streets about the site.
22 The developer must submit security in the form of a cash bond or trading bank guarantee
to the sum of $1000, prior to the issue of a Development Permit for building works:-
22.1 $5000 for site control bond required as per condition 15;
22.2 $5000 to secure performance of all conditions of this development approval.
The cash bond or trading bank guarantee will be returned upon payment of the required
sums and performance of the conditions of approval.
23 The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
24 This Development Permit for a material change of use of premises lapses if:-
24.1 the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development
Permit, unless application is made and approved by Council for an extension; or
24.2 the use of any premises pursuant to the Development Permit ceases.
25 Prior to the commencement of development, the developer must obtain the following
Development Permits:-
25.1 Development Permit for building works;
25.2 Development Permit for plumbing and drainage works;
25.3 Development Permit for operational works of landscaping, carparking and access;
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Additional Conditions – specifically relating to Change Approval 16 February 2005 (Lot 1 SP
127822)
Land Development
Park Contributions
26 A Park contribution of $1,596 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Building Works in accordance with Council’s Planning
Scheme Policy PSP24 Park Requirements. This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from September 2004 until the date of payment.
Pathway Contributions
27 A pathway contribution of $145 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Building Works. This amount will be
subject to variations in the Price Index, All Groups Brisbane from September 2004 until the
date of payment.
Headworks
28. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates under the current policies is outlined below. These amounts
will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
September 2004 until the date of payment.
Water Supply $1,000
Sewerage $620
TOTAL $1,620
All headworks contributions must be paid prior to the issue of a Development Permit for
Building Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
General
29 Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
30 Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
31 The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
32 Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be
submitted, prior to the issue of a Development Permit for building works to ensure no damage
occurs to the environment and/or to any of Council’s infrastructure.
The cash bond or trading bank guarantee will be returned upon payment of the required
sums and performance of the conditions of approval.
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33 Prior to the commencement of development, the following Development Permits must be
obtained: -
33.1 Development Permit for building works.
Additional Condition – 14 March 2025 – 131998.981643.3
Approved Plans
34. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below.
Plan No. Rev. Plan/Document Name Date
131998.981643.3 – Internal conversion of floor area – Tenancy A1
222 DA Plan – -Proposed Ground prepared by 3 September
Onesto Group 2024
5. REFERRAL AGENCIES
Not applicable
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. Approval of this development application will trigger an Infrastructure Charge in accordance
with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount
of $17,283. This amount will subject to variations in the Consumer Price Index, All Groups
Brisbane from September 2004 until the date of payment. An Infrastructure Charge Notice
will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
Payment via credit card transaction will not be an acceptable method of payment for
development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
2 We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and Section F Clause F2.4 of the Building Code of Australia.
3 Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
if the cost of operational works exceeds $80,000, then a portable long service levy is required
to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the
approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A
statutory declaration outlining the cost of the operational works must be submitted to Council
with the lodgement of any application for operational works over the site
Infrastructure Charges
4. 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
7. PROPERTY NOTES
Not applicable
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8. VARIATION APPROVAL DETAILS
Not applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works
10. SUBMISSIONS
Not applicable
11. 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.
12. 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,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 14 October 1998.
• Decision Notice - Minor 131998.981643.2 – 16 February 2005;
Amend condition 9, include additional conditions 26-33 and
Advisory Notes 1-3.
• Decision Notice – Minor – 14 March 2025; include additional
condition 34.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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