Original source · versioned page text
Minor Change to Existing Approval Refusal 51981.3345.01 [AS PUBLISHED]
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: 51981.3345.01 & 51984.3154.01
Your Reference: 002704
23 September 2024
Darcher Holdings Pty Ltd
C/- RG Strategic
PO Box 1818
NOOSA HEADS
QLD 4567
[email protected] [email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 June 2023, requesting a minor change to existing
development approvals. Council on 19 September 2024, decided to refuse your requested
changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51981.3345.01 & 51984.3154.01
Street address: 185 Weyba Rd Noosaville Qld 4566
Real property description: Lot 7 RP 113358
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
In relation to the request to make a minor change to the existing approvals, Council on 19
September 2024 decided to refuse the requested changes. Reasons for refusal are detailed below.
3. REASONS FOR REFUSAL
Refuse the change for the following reasons:
1. The proposed changes do not constitute a minor change to the development approvals as
defined by the Planning Act 2016, as the changes will result in a substantially different
development.
2. The proposed bakery (service shop) is not consistent with the Residential A zoning intent
under the 1973 Planning Scheme for Noosa Shire or the Medium Density Residential zone
under Noosa Plan 2020 and is more appropriately located in a centre zone.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 3
Document Set ID: 23255394
Version: 5, Version Date: 23/09/2024
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 2 pages
Page 2
3. The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e) & (j) and
Performance Outcomes & Acceptable Outcomes PO1, PO5, AO5.1, AO5.2 of the Medium
Density Residential Zone Code under Noosa Plan 2020 as:
(a) The proposed bakery is not a residential use and is not compatible with surrounding
residential uses.
(b) The proposed bakery is more appropriately accommodated in a centre zone and the
land maintained for dual occupancies, multiple dwellings and the like.
(c) The proposal is likely to adversely impact on surrounding resident’s amenity.
4. The proposal is not consistent with Overall Outcomes 2(a) & (b) and Performance Outcome
and Acceptable Outcome PO6 and AO6.1 of the Driveways and Parking Code as the
proposal provides insufficient on-site car parking and is likely to generate additional demand
for car parking compared to the takeaway seafood kiosk
4. REFERRAL AGENCIES
Not applicable
5. ADVISORY NOTES
Not applicable.
6. 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.
7. 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.
Patrick Murphy
Manager, Development Assessment
Development & Regulation
Enc: Appeal Rights
Page 2 of 3
Document Set ID: 23255394
Version: 5, Version Date: 23/09/2024
Page 3
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.
Page 3 of 3
Document Set ID: 23255394
Version: 5, Version Date: 23/09/2024