Minor Change Existing Approval - 51901 4863 08 (As Published) · 51901.4863.08

Page 2

               Change to approval – 22 September 2005 for the Balcony
               Land Use
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plan of development. The approved plan is titled and numbered Extract of
                      Approved Plan No. WD3/14 and dated July 2005 and as may be amended by these
                      conditions.
               2.     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.
               3.     The balcony shall not be enclosed with shutters, glass panelling or the like, thus remaining
                      as an open structure.
               Land Development
                      Park Contributions
               4.     A Park contribution of $58 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 the
                      Commencement of Use 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 June 2005 until the date of payment.
                      Pathway Contributions
               5.     A pathway contribution of $24 towards external major pathways, in accordance with Planning
                      Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council
                      prior to the Commencement of Use. This amount will be subject to variations in the Consumer
                      Price Index, All Groups Brisbane from June 2005 until the date of payment.
                      Headworks Contributions
               6.     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
                      June 2005 until the date of payment.

                        Water Supply     $920

                        Sewerage         $873

                        TOTAL            $1,793

                      All headworks contributions must be paid prior to the Commencement of Use.
               Further Permits Required
               7.     Prior to the commencement of development, the following Development Permit must be
                      obtained:-
                      7.1. Development Permit for Building Works.
               Change to approval - 17 August 2015 for Tenancy 18
               PLANNING
                      When Conditions must be Complied With
               1.     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.




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                      Approved Plans
               2.     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/Document Name                             Date

                         Floor Plan – Proposed Tenancy Division         Received by Council on 28 July 2015

               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed within this Decision Notice.
                      Building Appearance
               4.     The subject tenancy must provide at least 50% transparent glazing to shop fronts to create
                      active building fronts.
               Change to approval - 2 July 2018 for Tenancy 30
                      Use
               1.     Tenancy 30 is approved for a Shop and Salon Use as defined by the Noosa Plan.
                      Building Appearance
               2.     The subject tenancy must provide at least 50% transparent glazing to shop fronts to create
                      active building fronts.
               Change to approval - 9 September 2025 for Tenancy 8
                      Approved Plans
               1.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.           Rev.    Plan/Document Name                          Date

                        5/22               B       Floor Plan – Proposed, prepared by 25/08/2025
                                                   Reitsma
                                                   Annotated by Council

                        6/22               B       Dimension Plan, prepared by Reitsma         25/08/2025
                                                   Annotated by Council

                        7/22               B       Elevations 1 & 2, prepared by Reitsma       25/08/2025
                                                   Annotated by Council

                        8/22               B       Elevations 3 & 4, prepared by Reitsma       25/08/2025
                                                   Annotated by Council

                        15/22              B       Roof Layout, prepared by Reitsma            25/08/2025
                                                   Annotated by Council

                        18/22              B       Perspective Views 01-04, prepared by 25/08/2025
                                                   Reitsma
                                                   Annotated by Council




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                      Building Appearance
               2.     The subject tenancy must provide at least 50% transparent glazing to shop fronts to create
                      active building fronts.
                      Outdoor Dining Areas
               3.     Tenancy 8 does not include any approved designated outdoor dining areas.
               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:
               22 September 2005 - for the Balcony
               1.     Approval of this development application will trigger an Infrastructure Charge in accordance
                      with the Coastal Major Road Network Infrastructure Charges Plan for the amount of $3,812
                      and is subject to variations in the Consumer Price Index, All Groups Brisbane from June
                      2005 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
                      with Chapter 5 of the Integrated Planning Act 1997.
               2.     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.
               3.     The plans for the proposed building work have not been assessed for compliance with the
                      requirements of the Building Code of Australia as they relate to people with disabilities. Your
                      attention is drawn to the matter that either or both the Disability Discrimination Act 1992
                      (Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
                      proposed building work.
               4.     Noosa Council recommends that the following matters be considered to address equitable
                      access and facilities in the building:
               5.     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 AS1428.2;
               6.     Applicants should be aware that a “Disability Standard on Access to Premises is being
                      developed and most likely will result in changes to the Building Code of Australia;
               7.     Any services and facilities in the building complex must allow independent, dignified and
                      equitable use of the services and facilities for all people.
               8.     This proposal has not been assessed in relation to the spread of fire between properties /
                      buildings. It is the building certifier’s responsibility to assess the requirements for fire
                      separation and appropriate methods of construction as part of the building works approval
                      process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
                      part of the Building Approval process.
               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

               •        Development Permit for Building Works (Internal Fitout)
               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 online at
               www.noosa.qld.gov.au or at Council Offices.

               Yours faithfully,


               Tiani Bird
               Development Planner



               Enc:     Appeal Rights
                        Approved Plans/Documents
                        TPC 1816

               DECISION NOTICE HISTORY
               •     Original Decision Notice – TPC 1816 – 15 July 1986 – copy attached.
               •     TPC 1816 – 16 June 1987 – Amendment to Condition 25 – copy attached.
               •     TPC 1816 – 21 April 1994 – Changes to two existing car parking bays to be enclosed for store purposes – copy attached.
               •     TPC 1816 – 10 December 2003 – Change from Caterers room to commercial premises – massage clinic (Tenancy C7) – copy
                     attached.
               •     TPC 1816 – 4 June 2004 – Renovations to Plan Room and change of use of shop to restaurant Tenancy D6 (1A & 1B)
               •     Change to Decision Notice – 51901.4863.03 – 07 November 2004 – Change to the development approval to include storeroom
                     – copy attached.
               •     Change to Decision Notice 51901.4863.04 – 22 September 2005 – Change to the development approval to allow a balcony
                     extension.
               •     Change to Decision Notice – 51901.4863.05 – 17 August 2015 - Change to development approval to divide tenancy 18
                     (203m2) into 2 tenancies – copy attached.
               •     Decision Notice – Generally in Accordance 51901.4863.06 – 2 August 2017 – Regards to build from kiosk area – copy
                     attached.
               •     Decision Notice – Minor – 51901.4863.07 – 2 July 2018 – Approve changes to Tenancy 30.

               •     Decision Notice – Minor – 51901.4863.08 – 9 September 2025, additional conditions 1, 2, 3 for Tenancy 8.




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. ADORESS ALL COMAUNICAT
4071) 47 1066
trove The Shise Clerk,
~ Pont Ofice Bas b4
é ~ Tewon! . A565
JREPHONING OF CALLING ‘ @
PLEASE ASH FOR

we gown Biaeeirs NOOSA SHIRE COUNCIL,

wer
MB/PR/TRC 1916 Pelican Street, Newontin

1éth July, 1986

L. Cc. McElroy,

C/- Laguna Bay Motel,
Hastings Street,
NOOSA HEADS. 4567.

Dear Sir,

Re: 1.P.C- 1816-- 30 Shops, Commercial Premises —

Profeasional Offices, Catering Shops, Caterer'ns Rooms,

“ Surgery and Associated Car park
Lot 1, R- 153305 and Lote 1 and 2, R-P. 13349

. Hastings Street, Noosa Heads.
—

 

    

\Your application was considered by Council at ite meeting on
‘Stn July, 1986.

Council regolved to propose to approve your application
subject to the conditions listed below:

te Compliance witn all relevant provisions of tne Town

Planning scheme, Chapter XLIV (Town Planning) and other
Council Policies.

2. The site snall be developed substantially in accordance
with the amended plana forming part of and approved with
this application and signed for identification by the
Shire Clerk. (Copy attached hereto).

3. In accordance with Section 33 (16D) of the Local
Government Act 1936, Council's approval its valid for a
period of two (2) years. at the expiration of whicn
period the Council may take action to revoke its
approval, if in the opinion of the Council substantial
progress has not bean made in erecting the building or
other structure the aubject of the Consent Permit; or
the land, eubject to the Consent Permit, ia not being
used substantaally in accordance with the purposes for
which consent wae granted.

 

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Letter McElroy 2

4.

10.

1.

12.

13.

To engure compliance with any and all conditions of this
4pproval Council will require that you enter into a: Bank
Guarantee of $10,000 to secure performance. The
guarantee shall be lodged with Council prior-to the
iesue of a Building Permic. Any costs incidental
thereto will be borne by the Developer.

The conditions of this approval are to be completed
prior to the occupancy of the building and if this is
not done, Council reserves the right to. call on the bank
guarantee lodged to carry out the works involved. a

Payment of any outstanding retes owing’ on the (Broperty. :

This * consentapproval does not imply Building agpeovel.
Working drawings shall be submitted in compliance with’
the Building Act 1975 as amended and shall be
‘substantially, in accordance with the plans the subject
of this oc ent. (Substantial variations will require
separate Council approval)..—-—-

The approval herein is for Town Planning Consent only
and does not imply that Council approval will be granted
to an application under the Building Units and Group
Titles “Act.

Permanent car parking is to be provided on site for $9
vehicles together with a loading dock as required.

All internal roadworka (including parking areas) and
accese from the existing frontage road to connect to the
internal roadworka shall be provided with a sealed

pavement, which shall be designed, drained, constructed .

and maintained in accordance with the standard and
requirements of the Shire Engineer.

Plans and specifications for tne above works shall be
submitted to the Shire Engineer for approval prion to
the issue of a Building Permit.

The Developer shall bear the cost of alteration of any
public utility or facilities necessitated by the
Gevelopment of the land or associated development
external to the site.

 

Connection to Council's existing water supply
reticulation in Hastings Street at the Developer's
expense to the standards and requirements of Council's
Building Surveyor.

 

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Letter NcBlroy. 3 "od

14.

16.

17.

19%

20.

21.

 

   

+5 te tet Tes state Te 2° ~ S2,
Connection to Council's existing severage reticulation
system. by a connection to the existing man-hole on the

western boundary of the site and by a gravity main then ~
.to Council's future sewerage system in Hastings Street +
at the Developer's . expense to the standards and:
' requirements of Council's Building Surveyor...”

Pilling levels and floor levels of all buildings, other
structures and car park srea levels shall be established
to the requirements of the Ghire Enginenr. Such levels
shall. be provided upon application to the Engineering
Department. The minimum habitable floor level shall be
RL 2m AD. Car parking may be RL 1.7m A.H.D.

Pilling, other development works or the erection of any
buildings or other structures shall be carried out so as
net to cause any ponding of water on adjoining land or

any blockage interference with natural watercourse or -

in any other vay unduly affect adjoining property.

Wo earthworka or filling enall Be carried out bn site
until the issue of a Building Permit or as required by
the Building Survoyor. .

Stormwater, including that , from the roofed and paved
areas to be piped to Council's existing drainage system
at the developer's expense to the standards and
requirements of Council's Building Surveyor.

An identification survey of the subject site is to be
carried out by a Licensed Surveyor and is to be
submitted to. Council at the time of foundation
inspection by Council's Building Surveyor or immediately
thereafter. Such survey shall set out the boundaries of
the site and the position of the buildings on the site.

The applicant shall cause minimum disturbance to natural
flora and shall only remove that vegetation which would
impede building operations. Where practicable,
revegetation of the site is to be carried out following
completion of building activity.

Landscaping snall be established and maintained in
accordance with a landscaping plan approved by Council.
Such plan shall be prepared in accordance with the
provisions of the Noosa Design Manual.

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Letter McElroy 4

22.

23.

24.

25.

26.

296

30.

No signage is approved as part of this consent. Purther
application” to Council is required for: signage prior to

erection and regard enall be given-to the Noosa Design -

Manual in preparing such an application.

All lots that form part of this application shall be
amalgamated in title prior to the iseue of 4 Building
Permit or ae required by the Building _ Surveyor.

Location points for mail delivery ‘shall be to the
requirements of Australia Post.

No vehicular access ehall be gained to the site from
Haatings Street This shall particularly apply during
construction stages. ~ -

The develop@r -shall submit sufficient details when
required by the Shire Engineer or Buildi
indicate that the existing access
aenociated jwith adjacent © development have been
antisfactorily altered or arrangements made.

 

 

  

»
Dedication of a jo metr
a road reserve.

 

etrip fronting Noosa Parade as

The developer shall construct a service road across the-

Noosa Parade frontage of the site to the standards and
requirements of tne Stiire Ehgineer.

 

Such works shall ‘involve the construction of kerb and
channel and associated drainage to a bitumen ourfaced
pavement.

The design of euch works shall be prepared by a
Registered ¢ivil Engineer and shall be submitted to tho
Shire Engineer prior to construction commencing. The
Registered Civil zngineer shall certify that the works
have been conatructed in accordance with the approved
plans.

The developer shall carry out footpath ana landecaping
improvements: to the Hastings Street frontages to the
ntandarde and requirements of the Shire Engineer.

Access for conetruction purposes shall be carried out in
accordance with the requirements of the Shire Engineer.

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wore

 

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Letter McElroy 5

326

33.

34.

38.

36.

v7.

The eastern edges of the car parking levels shall be .

screened or walled and suitably landscaped to minimise
the effect of lights, noise and fumes to the adjoining
residential units. Hae ams

The- building and car Parking setback from the boundary
with Lot 2 on R.P. 153305 6nall be 1.5 metres; provided
that with the written consent of the registered
Proprietor of auch Lot 2 the building and car Park would
be permitted to adjoin such boundary, .

The storage of Plamenble or Combustible Liquids in.

excess ef the minimus storages allowed ander the
Plammable and Combustible Liquids. Regulations is

prohibited until a licence is obtained from Council's ° -

Health Deparament. This Licence ia subject to renewal
each year. : .

Any premsneg intended to be used for the preparation,
production, storage or sale _of..food Fequires approval by
Council's Health Department. ‘two copies of drafteman
drawn plans shall be submitted to @how compliance with
Council's Code governing Pood . Establishments and
approval obtained pring to fitting out the building. .

 

Any premises to be used as a Cafe shall be licensed
annually as a Cafe under the Food Rygiene Regulations
1986 and tne occupier shall obtain an annual licence to
sell food in accordance with those Regulations. . .

Any Cafe premises must ba limited to a seating capacity
of 19 seats’ or alternatively be Provided with public

toilet facilities separate from staff toilet facilities -

and provided and installed in accordance with Council's
Policy adopted 16th October, 1985.

Adequate facilities shall be Provided in accordance with
the provisions of the Refuse Management Regulations 1983
for the storage and collection of efuse to the
satisfaction of Council's Health Surveyor.

 

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Letter McElroy 6

36. Provide an imperviously paved area auitably drained to _

_ the satisfaction of the Local Asthority upon which to
stand all refuse containers and a suitable hose cock and
hose in the vicinity of such stand or auch paved area
with «a suitable enclosure to enclose the  refuee

container areas to. the satisfaction of the Health

Surveyor.
You are also advised that Council in Supporting this
4pplication acknowledges the following. special
characteristics of the proposal; .

1. There will be a substantial under-utiligation of the
potential groga floor area usage.

2. A substantial public car parking facility will be
constructed in the Hastings Street precinet.

3. The building, height will not excead two storeys.
it . ey

‘4. Vehicle access is not from-Hastings Street.

Sy Two existing access in Hastings Street will be closed.

6. The site adjoins an approved international hotel site of
some “200 rooms with a retail component of six or lesa
shops. ~ . :

7. The tenanting approach proposed by the 4“pplicant which
te aimed at ensuring the facilities Provided will
directly support the tourist and holiday nature of the
Naetings Gtreat precinct. F

6. The loss of existing residential usage amounts to 16
motel units, .

9+ In the opinion ef Council, the project will be of
benefit to the Hastings Stredt precinct.

 

Enclised for your use are extracts of the Local Government
Act which outline appeal rights against Council's decision.

Enclosed for youruse are the names and addresses of all
objectors againat your proposal. .

Xours faithfully,
\a Det,

DJ. Philpot, py
SHIRS CLERK.

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Town Planning Dept.

RW. jh Gpeetiteteheot
18¢/63 /apran)

 

24th June, 1987

Mr. L.C. McElroy,
c/- Noosa Heads Newsagency,
Hastings Street,

NOOSA" HEADS. 9. 4567

Dear Sir,

Re: Amended Condition regarding access for’ TPC 1816

With reference to your application to amend condition 25 of the approval
for TPC 1816, I wish to advise that the matter was considered by Council at
its Ordinary Meeting on the 16th June, 1987.

Council resolved to vary condition 25 to read as follows:-

Gondition 25

No vehicular access shall be gained to the site from Hastings Street

following construction. During construction, Council shall permit a

maximum of 2 vehicles per day to enter the site from Hastings Street.

Access for a greater number of vehicles may be permitted at specific times

if approved by the Shire Engineer. |

The Developer shall immediately repair any damage caused to the footpath

and road or clean any spillage or building debris from the street as a

result of such access being gained.

No construction vehicles will be permitted to park in Hastings Street and

wehicles will, at all times, discharge their loads from within the site.
Yours faithfully

D.J. Philpot
surrecuzex (0%

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ADOPTED AT AN ORDINARY MEETING OF COUNCIL HELD ON 21ST JULY, 1987 POLIO NO. -

PAGE NUMBER 36

 

1. TPC 1816 - L.C. McElroy

Crs. Menkens/Macklin Council agree to modify TPC 1816 - L.c. McElroy
for a shopping centre of mixed uses in Hastings Street and Noosa
Parade, Noosa Heads and that plans No. WD3/14 ~ WD1/14 (showing
approved uses highlighted in red) and WD4/14D, WD2/14I (Car Park
layout) be the approved plans.

Carried.
(File No. ?Pe- “ SP)

196/63 Jab)

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Neil Blamey (07) $449 5379 q/

‘TPC 1816
030005

mariomnssma FILE CQpy

5 Jaw Dootf
31 December 2003

ROBIN CROFT

C/- URBAN STRATEGIES

PO BOX 939
MAROOCHYDORE QLD 4558

Dear Sir,

Re: Application for a Change to a Development Approval for Material Change of
Use of premises situated at 18 Hastings Street, Noosa Heads described as Lot
1 on RP 214446

I refer to your request to make a change to the above Development Approval. On 10
December 2003 Council decided to approve the change, subject to the following:

1. Allow a change of use from Caterer’s Room to Commercial Premises in Tenancy
C7 and the adjacent terrace as indicated on the plan numbered $1, Issue A dated
July 2003 prepared by Neil Harris Architect.

2. A development permit for building work approving a change of classification of
this building shall be obtained prior to the building being occupied for its intended
new use.

3. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.

4. 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.

5. The proposed use as Commercial Premises (massage clinic) on the extemal
terrace area should be conducted in a visually sensitive way that causes no
detrimental effect upon the amenity of the neighbourhood in this visually
prominent location with appropriate additional pot plants or screens to be placed
for privacy as required.

Winner - Queensland's Best Recycling
Programme 2002

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You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Integrated Planning Act is also attached.

Should you wish to obtain more information about Council’s decision, the reports and
staff recommendations regarding this application are available for viewing or purchase
at the Level 2 counter of Council offices. It would assist Council staff if you could bring
this letter with you.

Yours faithfully
“>
Neil Biamey
SENIOR PLANNING OFFICER

 

Winner - Queensland's Best Recycling
Prannamme 2M?

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Fiona-Fularton,-544951759

 

. 1901/43634TPC-1516)9
. v
. Emall:[email protected]:
.
T

” 28-September-20059

"Seymour-CBD-Pty-Ltd]] 2
CARE-Urban-Strategies]]
PO-Box-9399
MAROOCHYDORE--OLD--45682

Dear-Sir/Madam,]|

= Re: Application -for-a-Change-to-Development-Approval---Balcony-situated-at-18-
Hastings: Street-Noosa-Heads, described-as-Lot-27-SP-140844],

" |-refer to-your- request to: make: s-change-to- the: sbove:- development: spproval.-On-22-
September: 2005- Council decided: to- approve: the- change,- subject: to- the- following:
sonditions

=Land-Useq]

"4. +» Development-undertaken-in-accordance-with-this-approval-must-generally-comply-
with: the: approved: plan- of: development.: The: approved: plan: is: titled- and-
numbered: Extract: of Approved: Plan: No. WD3/14- and- dated: July: 2005: and-as-
may-be-smended-by these-conditions.{]

"2. +» 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 nuissance-or-other emissions. {|

"3. —» The-balcony-shall-not-be-enclosed-with-shutters, -glass-panelling-or-the-like,-thus-
remaining-ss-sn-open-structure.{]

= Land-Development4]
. Park-Contributions]

"4. —» A-Park- contribution of $58-towards-the- acquisition: of additionsl- parkiand-or-the-
improvement: of-existing: parkland-and-facilities-in-the-locality-shall-be-psid-to-the-
Council: prior- to- the- Commencement: of Use in- accordance: with- Council’s-
Planning-Scheme -Policy-PSP24-Park-Requirements.:-This-smount-will-be-subject-
to-varistions-in-the- Consumer: Price-Index,-All-Groups-Brisbane-from-June-2005-
until-the-date-of payment.

=  Award-Winner-—-Australian-Clear-Beach- 2
Challenge-2004-Litter-Prevention®
q

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aT
. Pathway-Contributions]|

"5. —» A-pathway-contribution- of $24-towards-external- major pathways.-in- accordance-
with-Planning-Scheme-Policy-PSP41-Coasta!l-Major Pathway: Contributions, -shall-
be-paid-to-the-Council-prior-to-the- Commencement: of: Use.- This: amount-will- be-
subject-to-varistions-in-the-Consumer-Price-Index, -All-Groups Brisbane from-June-
2005-until-the-dste-of payment.J

. Hesdwocks-Contributions]

"6. + Contributions: shall- be- paid: to- Council: in- accordance: with- Planning- Scheme-
Policies- PSP28- and- PSP30- on- Water Supply- Headworks; Contributions- and-
Sewersge- Headworks; Contributions: respectively- and- at-the- rates applicable: at-
the-time-of-payment.--An-estimate-only-of the contribution -retes-under-the-current-
policies-is- outlined: below.-- These: smounts- will- adjusted; in-line-with- changes-to-
the-Consumer-Price- Index, -All-Groups-Brisbane-from-June-2005-until-the-date-of-
payment],

=“WaterSupplye $9202
="Seweragen $8732
"TOTAL $1,7930 ®
. All- beadwarks-contributions-must-be-psid-prior to-the- Commencement of Use {|
« Further-Permits-Required]]|

"7. —» Prior-to-the- commencement: of- development, the-following- Development: Permit

must-be obtained
. 7.1. Development Permit for-Building-Works.J]

*  THE-FOLLOWING-ADVICE S-ARE-FOR-INFORMATION-PURPOSES-ONLY-AND-DO-NOT-
FORM-CONDITIONS-OF-APPROVAL§

"4. —» Approval: of this-development: spplication- will-trigger- an- Infrastructure: Charge-in-
sccordsnce-with-the-Coastsl-Major Rosd-Network-Infrastructure-Charges-Plan-for-
the-amount-of $3,812-and-is-subject to-variations in the- Consumer Price-Index,-Alll-
Groups: Brisbane: from- June- 2005: until: the- date: of- payment.--An- Infrastructure-
Charge: Notice: will- be: issued: in- accordance: with- Chapter 5- of- the- Integrated-
Plianning-Act-1997.9)

"2. —» Payment-vis-credit-card-transaction-will-not-be-an-acceptable-method-of payment-
for- development: contributions- conditioned: in- this: permit: or- for: infrastructure-
charge-notices issued-separstely J

"3. The-plans forthe proposed -building-work-have-not-been-assessed for-compliance-
with-the-requirements-of-the-Building- Code-of-Austrslis-as-they-relate-to-people-
with- disabilities.- Your- attention: is- drawn: to- the- matter: that: either- or- both: the-
Disability- Discrimination- Act- 1992-(Commonwesith)- and: the: Anti-Discrimination-
Act-1991(Queensiand)-msay-impsct-on the proposed ‘building -work.]|

= Award-Winner-—Australian-Clean-Beach-~ a
Challenge-2004-Litter-Prevention?

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4.» Nooss-Council-recommends thst-the following -matters-be-considered-to-sddress-
equitable-sccess-and facilities-in-the-building:]]

"5. —» The: building- and: environs- should: be- designed: to- meet: the- requirements: of-the-
Humsn-Rights-and-Equs!-Opportunity-Commission “Advisory: Notes-on-Access:to-
Premises”-and-AS 1428.2;]|

"6. — Applicants-should-be-aware-that-a-“Disability- Standard-on-Access:to-Premises:is-
being- developed: snd- most: likely: will: result in- changes: to- the: Building: Code- of-
Australia;]]

"7. Any: services: and: facilities- in- the- building: complex: must: allow- independent,-
dignified-and-equitable-use-of the -services-and facilities for-all_ people. J]

"8. —» This: proposal-has- not: been- assessed: in- relation: to- the- spread: of -fire- between-
properties: /- buildings. It- is- the: building- certifier's- responsibility: to- assess: the-
requirements -for-fire-separation- and-sppropriste-methods-of-construction-as-part:
of: the: building: works: spproval- process.- Referral: to- the- Queensland: Fire- and-
Rescue: Service- (QFRS)- may: be- required: ss- part: of: the- Building: Approval-
process.{|

 

= You- are- entitled: to- appeal- against: this- decision.- A- copy- of the: relevant- appesl-
provisions-from-the-Integrsted-Planning-Act-is-also-attached. {|

* Please-note-thst-an-Infrastructure-Charge-in-accordance-with-the-Coaestal- Major Rosd-
Network: Infrastructure- Charges- Plan- has- been- triggered: by- the: approval- of- this-
development: application.: An- Infrastructure: Charge: Notice-is- attached: in- compliance-
with-Chapter-5-ofthe-Integrated-Planning Act-1987.4,

* Should: you-wish-to- obtain- more-information- about: Council's: decision, -the-reports-and-
staff-recommendstions-and-Council-Minutes-regarding-this-spplication-sre-available-for-
viewing: or- purchase st: the Level-2-counter-of- Council: offices. -It-would-assist-Council-
staff-if-you-could-bring this -letter-with-you.]]

Yours ‘faithfully,9|

"Shane-Adsmson{,
=" MANAGER~—LAND-USE-¥]

af

= Award-Winner-—Australian-Clear- Beach a
Challenge-2004-Litter-Prevention®
q

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as
jefe} NOOSA COUNCIL ff

18-August-2015
1

1

KW- Madden],
1/28-Queen-of-Colonies Par]
MOFFAT BEACH. ALR. 45517,

1 [email protected] auf
1

1
Dear: Sir/Madam],
1

Oftcer: . Jack- Lewis

Direct Telephone: © O7-5325-6236
OurReference:  e
YourReference: 2 NJ

   

Seeder Brock (Contras)

 

Change-to-an-Existing-Approval]
Sustainable-Planning-Act-2009],

7

|- refer- to- your- request: to- make- s- permissible- change- to- an- existing: spproval.- - On-

17°August*2015,-Council-decided-your-requested-changes. J]

1
Detsils-of the -decision-sre-as-follows:]|

"4 —» APPLICATION-DETAILS]

Application-No:2
Street Address:o

51901.4863.06-2
Bay-Village-18/18-Hastings St NOOSA-HEADS--QLD--45672 ©

Real-Property-Description= _Lot-2-RP-133488-&-Lot-18-SP-1408442 ®

Plisnning-‘Scheme:=
"2 —» DECISION-DETAILS]

The-Nooss Plan-(16-September-2013)2

Council-on-15-July-1986 decided to issue-the following type of-approval:]]

« —» 320: Shops,- Commercial: Premises,- Professional- Offices,- Catering: Shops,- Csterer’s-

Rooms, -Surgery-and-Associated-Car-Park{]

1

Changes -to-seversl individual tenancies-have-been-subsequently been -approved.J]

1

In-relation-to-the request -to-make-s-change to the existing-spproval-to-permit-Tenancy-18-to-be-

divided -into-two-tenancies, Council-on-18*August"2015-decided-to:]|
A.—» Approve the -change-subject-to-conditions-1-4-detsiled-below.]

"3 —» RELEVANT-PERIOD-OF APPROVAL]

Not-spplicable.]
1

"4 —» CONSOLIDATED-ASSESSMENT-MANAGER-CONDITION S¥_
To-be-read-in-conjunction with previous -spprovals forthe site—TPC1816],

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51901.4863.059

 

PLANNING]
When-Conditions-must-be-Complied-With]

1. -» Unless: otherwise: ststed, - all: conditions: of this: Decision- Notice: must: be- complied: with-
prior-to-the-use-commencing,-and-then-compliance-msintsined-st-all-times-while-the-use-

continues. -{|
Approved-Plans]|

2. +» Development: undertaken: in- sccordance-with-this- spproval:must- generally: comply-with-
the-spproved-plans-of-development.-The-spproved-plans-are-listed-in-the-following-table-

unless-otherwise-amended-by these-conditions.J

 

Plan/Document-Nameo Dates

 

 

 

Floor-Plan—-Proposed-Tensncy Divisions Received-by-Council-on-28-July:20150

 

 

3. +» Development: authorised: by-this- spproval- must: be- undertaken: generally:in- accordance:

with-the-Approved Plans listed-within this-Decision-Notice.]]
Building-Appearance]

4. —» The: subject: tenancy- must: provide: st: least: 50%: transparent: glazing: to: shop: fronts: to-

create-active-building fronts.]|
1
5 — RIGHTS-OF-APPEAL]T
1

You-sre-entitled-to-appeal-agsinst this-decision.--A-copy-of- the relevant-appesl-provisions-from-

the Sustainable Planning -Act-2009-is-attached.{|
1

6 - OTHER-DETAILS]

1

If-you-wish-to-obtain-more-information-sbout-Council’s-decision, -electronic-copies-of-which-sre-

available-on-line-st www_nooss.gid.gov.su.-or-st-Council-offices.J

1
Yours faithfully]

1

JACK-LEWISY
DEVELOPMENT-PLANNERY
1

1

ha. —* Approved-Plans/Documents]|
peenanet

7
co —» Unttywatert

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51901.4863.059

 

 

  

Nye Appeal-Rights:

4 m COUNCIL SUSTAINABLE PLANNING ACT-2009°8 SUSTAINABLE PLANNING:

1

 

 

REGULATION: 20005

 

Paanning Act 2009-(Chapter:7/f1

466-—» Appeale- sbout- decisions- relating- to-

(1)-

(2

&

4)

permissibie-changee]

» For a development. approval: given: for. a-
evelopment: application, - the: following- persons-
may-appeal-to-the-court-against-a-decision-on-a-
Tequest: to: make- 3- permissibie- change: to- the-

approval"

(3) —» -the-reeponsibie- entity- for: making-the-
change-Is-the-assessment-manager-for-
the-application—T
(Y —» the person: who- made- the-

OT

request

(ll; —» an: enbty- that- gave- a- notice-
under- section: 373: or- 3- pre-
request -response-notice-about-
the- request]

(0); —» it-the-responeibie- entity- sor making-the-
change -I5s-2-concurrence-agency-for-the-
application—ine- pereon- who-made- the-
request.7

» The- appeal- must: be- started- within- 20- business-
Gays. afier- the-day-the- pereon- Is-glven-notice- of-
the-decision-on-the-request-under-section-376.11

* Also,-a: person: who: Nas- made: a- request: under-
section: 365- may- appeal: to- the- court: agalnst- a-
Oeemed-refusal-ofne-request 7

» An-appeal-under-cubeection{3}-may-be-started-at-
any: time- after- the- iaet- day: the- decision: on- the-

matter-snould-have-Deen-made. T

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Section Break (Continuous)
The: following: is-an- extract: from: the- Sustainable-

 

Page-30f39

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x SBN eunes
7

02-August-20179]
1

1
JC-Ryley]
32-Arkena-Drf]

Officer: .

Direct Telephone: —» 0753295436
Ourfieterence: © 51801.4563.06f
YourReference: » nia

 

NOOSA-HEADS--QLD--45679,

1

1
Dear: Sir/Madam]
1

1

|-refer-to- your: letter: requesting: Council-to- endorse: revised- plans-for- the- subject: site.-On-2-
August: 2017- Council- considered- the- request: to- be- generally: in- accordance: with- the-

Generally-In-Accordance]

Development-Approval-TPC-1816.9,

"4-» APPLICATION-DETAIL
Application-No:=
Street-Address:=
Real-Property Description=
Pisnning-‘Scheme:=

"2+ DECISION-DETAILS§

Development: undertaken: in- accordance: with: this- spproval: must: generally- comply: with: the-
spproved: plans: of development.: The: plans: listed: in- the- following: table- sre- considered:

ST
5§1901.4863.062
18-Hastings-St NOOSA-HEADS--QLD--4567-2
Lot-2-RP-1334882
The-Nooss-Plan-(28-October-2016)2

Patrick- Murty

generally-in-accordance-with the -spproval-unless-otherwise-amended ‘by these-conditions. |

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plan-No.c Rev.c Plan/Document-Namex Dstex
A1022 Az Proposed: Floor Plisn,- drawn: by: Space| 29.05.172
Planning-Concepts=
A205= Az 3D-View,-drawn-by-Space-Planning-Concepts= | 19.06.1720
A206 > cAn 3D-View, -drawn-by-Space-Planning-Concepts= | 19.06.17
A2062 Az 3D- View: (Dimensions),- drawn: by- Space: 17.07.1725
Planning-Concepts=
A2002 A Elevation’ A. drawn: by- Space: Planning: 12.05.1702
Conceptsa
A2012 Az Elevation’ B. drawn by: Space: Planning) 12.05.172
Conceptsa
—- 7
NOOSA COUNCIL ° ° .
~ Page tot

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— §1901.4863.067

 

 

 

 

 

 

 

 

A2032 An Elevation’ C,- drawn- by: Space- Planning:) 12.05.172 =
Concepts=

A2040 An Elevation. E.- drawn by: Space- Planning:) 12.05.1702 =
Concepts=

{

"3+ OTHER-DETAILS$

If-you-wish to-obtain-more-information-about-Council's decision, electronic-copies-are-available-
on-line-st-www_nooss.qid.gov.su, -or-st-Council-Offices.f

1
Yours faithfully]

   

‘SE
Patrick-Murphy]

f

das —» Approved-Plane{

q

Feais22011/05:2012 ~ Page-2-0f20

1

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Page 24

                                                                              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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