Changed Approval 51994.1353.01

Officer:	Patrick Murphy
Direct Telephone:	61753296436
Our Reference:	51994.1353.01
Your Reference:	02204 L02 NG
8 November 2017

Grill'd Healthy Burgers
C/- Martoo Consulting Pty Ltd
C/- Nadine Gorton
PO Box 1684
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 7 November 2017, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	51994.1353.01
Street Address:	5/50 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 0 & 5 SP 108800
Decision details
Council on 12 August 1994 decided to issue the following type of approval:
Town Planning Consent – Restaurant and outdoor dining area (TPC 2696)
In relation to the request to make a change to the existing approval, Council decided to:
Amend Condition 5.
Delete Condition 3
Include additional Conditions 15 and 16
Add Advisory Note 1.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 12 August 1994, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By-laws and Policies, the conditions of this approval and substantially in accordance with plans drawn by John MacMinn dated January 1994 and numbered 9201/A1 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Payment to Council at the rate applicable at the time of payment in lieu of 2 off-street car parking spaces, prior to issue of Building Approval.
Deleted.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Any advertising sign or device is to comply with the provisions of the Noosa Plan Advertising Devices Code.
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks.  An estimate only of the charges as at January 1994, under the current policy is as follows:-

Water Supply	$4994
Sewerage	$3984
______________________
TOTAL:		$8978

Headworks contributions shall be calculated and paid in accordance with one of the following alternatives:-

Prior to the issue of a Building Approval, in the amount calculated under the Policy at that date: or
Deferred to the soonest of the following dates:-
prior to Council sealing plans of the development for titling purposes;
prior to the issue of a Certificate of Classification for any building approved under this application; or
prior to commencement of the approved use at the relevant premises.
Where the option of a deferred payment is used in accordance with b. above, the following conditions shall also apply:-
Prior to the issue of a Building Approval, a trading bank guarantee is to be submitted to the value of the headworks which are due, plus 20%.
The subsequent payment of headworks shall include interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire and current at the time the trading bank guarantee is submitted.
Should the contributions not be paid at the due time, Council shall call upon the sum secured by the trading bank guarantee.
The trading bank guarantee will be returned on payment of the required contributions plus interest or on expiry of the relevant Building Approval, whichever is the sooner.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
Submission of two sets of professionally drawn scale plans in compliance with Council's Code controlling food establishments for approval by Council's Environmental Health Officer, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building
An annual licence is to be obtained under the Food Hygiene Regulations of 1989 from Council's Health Department.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council's Environmental Health Officer.
Provision of an imperviously paved area to accommodate all refuse 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 and is to be setback a distance of two (2) metres from any road frontage.  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.
Provision of separate toilet facilities for patrons, in addition to staff toilet facilities, in accordance with The Building Code of Australia.
The footpath and setback areas are to be kept clear of goods, signs and street furniture not approved by Council.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
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 Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months.
Additional Conditions – 7 November 2017
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
DA0005	F	Floor Plan: Existing Plan by Giant Design Consultants	30.10.2017
DA0006	F	Reference photo: Materials Board by Giant Design Consultants	30.10.2017
DA0101	F	Floor Plan: Proposed Ground Floor Plan by Giant Design Consultants	30.10.2017
DA0111	F	Floor Plan: Proposed Roof Plan by Giant Design Consultants	30.10.2017
DA0201	F	Shopfront Elevations	30.10.2017
DA0401	B	Render 1	30.10.2017
DA0402	B	Render 2	30.10.2017
Any amended access required to comply with the disabled access requirements of the Building Code of Australia must be provided via the northern property boundary. The access must be to the east of the landscaping as shown on the approved plans and the landscaping must be maintained.
referral agency conditions
Not Applicable
advisory notes
Infrastructure Charges – (Change dated 7 November 2017)
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.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works – (All Building Works)
Advertising Devices
self assessable codes
Not Applicable
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

Patrick Murphy
Coordinator Planning

Encl. 	Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

cc	Unitywater

	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.

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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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