Minor Change Existing Approval MCU17 0073.01 · MCU17/0073.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU17/0073.01 : JELDER
Your Reference:	17020
16 December 2020
Lutheran Church Of Australia Queensland District
T/A Good Shepherd Lutheran College
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 November 2020, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU17/0073.01
Street address:	115 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 SP 228052, Lot 30 SP 170751
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 17 July 2018.
•	Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship)
In relation to the request to make a minor change to the existing approval, Council on 11 December 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 2 & 13.
C.	Make a consequential amendment to Condition 10.
D.	Refuse to delete Condition 12 for the following reasons:
a)  Noise will impact on nearby residences if the north eastern windows were to be left open and relying on patrons opening and closing windows at the right time is problematic.
E.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

currency 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
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.
160012_C-A- 01-00_5	Site Plan – Overall, drawn by Ken Down Architects	30 May 2017
160012_C-A- 01-01_7	Site and Location Plan, drawn by Ken Down Architects	30 May 2017
160012_C-A-02-01_9	Existing/Demolition Floor Plans, drawn by Ken Down Architects	No date
160012_C-A-02-02_17	Ground Floor Plan, drawn by Ken Down Architects l	21 March 2017
160012_C-A-02-03_15	Lower Ground Floor Plan, drawn by Ken Down Architects	21 March 2017
160012_C-A-02-04_8	Roof Plan, drawn by Ken Down Architects	March 2017
160012_C-A-04-02_8	External Elevations, drawn by Ken Down Architects	30 May 2017
160012_C-A-04-50_8	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_C-A-04-51_8	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_C-A-05-01_11	Sections, drawn by Ken Down Architects	30 May 2017
Nature and Extent of Approved Use
The total seating capacity of the approved use must not exceed 243 as shown on the approved plans for general church services, with the exception of school services and significant religious events held during the Easter and Christmas periods.
The school hall space must not be used for general church services but can be used for school services and significant religious events held during the Easter and Christmas periods.
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.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Roof materials must be non-reflective and designed with colours and styles to minimise the visual impact of the development.
The cross and structure which the cross is mounted on must not exceed 8 metres from natural and finished ground level.
The church cross must not be illuminated in any way and where spot lights are used, must be switched off from 9pm each night
The north eastern side of the congregation area should not have louvres or windows capable of being opened.
Church hours
The church must not operate outside the hours of:
7am to 10pm Monday to Thursday
7am to 10pm Friday and Saturday
8am to 10pm Sunday or any public holiday.
A dawn service is allowed on an infrequent basis not exceeding one or two services per year.
Wedding ceremonies and funerals are not to be scheduled at the same time as when school pick up and drop off times occur.
Landscaping
Landscaping must be provided within the development site in accordance with the approved plans.
Stormwater Drainage
Stormwater runoff from the development must be connected to the existing site stormwater system and must not cause scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Acoustic requirements
Building works must be in accordance with the recommendations of the Acoustics Noise Vibration report dated 12 September 2018, prepared by Acoustics Noise Vibration, in particular the design and acoustic treatment of the ceiling above the friendship terrace. Written certification from a suitably qualified person confirming that the noise control measures are as recommended in the Acoustics Noise Vibration Report dated 12 September 2018 (Ref: 0145 GSL Church Conditions Rpt 02) is required to be submitted to Council prior to the use of the friendship terrace.
Written certification is required from a suitably qualified person confirming that sound pressure levels measured at the nearest residential place comply with the following:
Air-conditioning
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Noise nuisance beyond the boundary of the site shall not exceed the following levels:
Worship Centre, Offices and Meeting Room
7am – 10pm:                 Background noise level plus 5 dB(A)
10pm – Midnight:           Background noise level plus 3 dB(A)
12pm – 7am:                 Inaudible
Friendship Terrace
6pm – 8pm:                  Background noise level plus 5 dB(A)
Hours of use:               7am – 8pm
Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person* which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice. * See advisory note.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Within 100m of a substation site	The agency provided its response on 19 July 2017 (Reference No. HBD 5752340) and response on 11 November 2020 (Reference No. HBD 7087910)
A copy of any referral agency conditions 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:
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.
Infrastructure Charges
This Development Permit 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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Certified Person
For the purpose of certifying Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1, a qualified person is considered to be a Registered Professional Engineer of Queensland.
For the purpose of certifying acoustic barrier construction for the development, a qualified person is considered to be a Registered Professional Engineer of Queensland.
Infrastructure Charges
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Development Permit for Building Work (Private Certification)
submissions
There were 4 properly made submissions about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
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.
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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 17 July 2018.
Negotiated Decision Notice – 27 September 2018, with an amendment to conditions 19 and 21.
Decision Notice - Minor – MCU17/0073.01 - 11 December 2020, with an amendment to conditions 2, 3 and consequential amendment to condition 10.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL