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Noosa Council documents




                                                   Form 6 – Compiled Decision Notice
                                                   INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION



                File No:    12637 DA              Date of Decision:    16 JANUARY 2006

               1.     APPLICANT DETAILS

                Name:                 RENA CLAIRE MERCHANT

                Postal address:       C/- DILLON FOLKER STEPHENS TOWN PLANNERS, PO BOX 605, MAROOCHYDORE
                                      QLD 4558

                Phone no:             5443.5566              Fax no:     5443.9977           Mobile:

               2.     PROPERTY DESCRIPTION

                Street address:       48 & 59 KABI ROAD

                Suburb/locality       COOTHARABA

                Real property         LOT 394 ON M371117 & LOT 7 ON RP 216403, PARISH OF NOOSA, COUNTY OF MARCH
                description:

               3.     OWNER DETAILS

                Name:                 RENA CLAIRE MERCHANT

                Postal address:       PO BOX 1119, TEW ANTIN QLD                                       Postcode:    4565

               4.     REFERRAL AGENCIES

                Referral Agency                             Address                                           Basis

                Department of Environment & Heritage        PO Box 101, Maryborough Qld 4650                  Advice
                (Environmental Protection Agency)

                Department of Primary Industries            PO Box 5165, Nambour Qld 4560                     Advice

                Department of Natural Resources             PO Box 573, Nambour Qld 4560                      Advice

                Department of Main Roads                    PO Box 183, Gympie Qld 4570                       Advice

               5.     APPROVAL TYPE

                Development                          Development Details                   Preliminary             Development
                                                                                            Approval                 Permit

                Material Change of Use               Integrated Permaculture                   NO                      YES
                                                     Designed Organic Orchard and
                                                     Golf Course Complex (18 holes)

               6.     DECISION DETAILS

               Council decided to:-
               A.     Approve the application and grant a Development Permit, subject to conditions.
               B.     Determine that it is satisfied that land situated at 48 Kabi Road, Cootharaba described as Lot 7 on RP
                      216403, Parish of Noosa adequately meets the criteria of Local Law No. 20 - Preservation of Trees and
                      Vegetation and resolves that it intends to declare the land as a Tree Preservation Area.


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Noosa Council documents




               NOOSA COUNCIL IDAS Development Application Decision Notice                                                            2


               In relation to a request to change or cancel a condition of the Development Permit, Council on 19 January 2006
               resolved to:
               A.        Approve a change to Condition 47;
               B.        Issue a Compiled Decision Notice.

               7.        SUBMISSIONS

               Four (4) properly made submissions were received.

               8.        CONDITIONS

               The approval is subject to conditions. Noosa Council’s conditions are attached.

               9.        FURTHER DEVELOPMENT PERMITS REQUIRED

                   Type of Development Permit required                      Subject of the required Development Permit

                   Building W orks                                          Clubhouse and sheds

                   Plumbing & Drainage Works                                Clubhouse and sheds

                   Operational Works                                        Landscaping, Carparking & Access

               10.       RIGHTS OF APPEAL

               Rights of appeal in relation to this application are attached.

               11.       ASSESSMENT MANAGER

                   Name:       Noosa Shire Council              Signature:                                     Date:     20/01/06



               DECISION NOTICE HISTORY
                    Original Decision Notice 21/10/1999.
                    Negotiated Decision Notice with amendment to
                     Conditions 2, 9, 10, 12, 13, 26 & 39.
                    Minor change to the approval with amendment to
                     Condition 47 on 19 January 2006.




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                            3




                                NOOSA                           Noosa Council Conditions
                                                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


               Building
               1           The plans submitted for a Development Permit for building works are to comply with the approved
                           plans.
              2            Construction work associated with the 18 hole par 3 golf course element of the complex shall not be
                           permitted on Sundays, public holidays or between the hours of 6:00 pm and 7:00 am , provided that
                           these hours may be modified with specific approval from the Manager of Building.
               Health
              3            A grease arrester should be provided at the clubhouse (if food preparation or cooking occur). Include all
                           trade waste information on the hydraulic drawings.
              Engineering
              4            Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
                           providers to ascertain the location of their underground services.
              5            For the following classes of work associated with development, a Development Permit for Operational
                           Works must be obtained prior to commencement of works relating to that class of work. The
                           application may combine any or all of these classes of work: -
                                       Access and/or carparking
                                       Drainage
                                       Frontage works
                                       Roadworks
                                       Site Filling
                                       Excavation of materials to fill another site
                                       Landscaping
              6            The person acting on this permit shall apply and obtain for all other necessary permits including crane
                           permits, road opening permits, hoarding permits, footpath occupation permits and/or any other
                           approvals required under any other Act.
              7            Before the issue a Development Permit for Operational Works, the Applicant shall sign a written
                           undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or
                           other Council property damaged as a result of construction of the proposed development.
                            If any Council property or facilities (such as underground drainage) is damaged by any person acting
                           under a condition of this permit, through any cause whatsoever in the course of, directly or indirectly
                           carrying out development, that person shall forthwith notify the Manager-Land Development and shall
                           forthwith rectify that damage at its cost and to the satisfaction of the Manager-Land Development.
                           Alternatively, the Applicant may request the Council to carry out the rectification works.
                           In all cases, Council reserves the right to carry out rectification works in an emergency and where no
                            reasonable attempt has been made to complete the rectification works as part of the development.
                           All costs incurred by Council in any rectification works shall be repaid to Council prior to the
                           commencement of the use.
              8            The Assessment Manager for building work shall ensure that all other permits required by this permit
                           have been obtained and outcomes from imposed conditions incorporated into the building plans prior to
                           issue of a Development Permit for Building W orks.
              9            All parking associated with the approved use shall be provided within the development site.

                           Formalised On-Site parking shall be for at least 80 car spaces, 2 Tourist Bus bays, including a
                           minimum of 10 spaces for staff. At least 4 spaces shall be clearly marked for disabled car spaces.

                           Additional contingency car parking shall be provided on site for at least another 10 car spaces and 1
                           Tourist Bus and expanded as necessary to meet demand.

                           The car parking areas shall be designed to comply with the provisions of AS 2890.1-1993 for user class
                           2.
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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                             4


              10           The formal car parking area shall be drained and the constructed with gravel pavement using materials
                           that minimise dust.

                           The access from the property boundary to the car park area shall be constructed to access road
                           standards except as a sealed road for the first 100 metres from the property boundary and gravel
                           thereafter using materials consistent with the formal car park area. Plans and specifications for these
                           works shall be submitted in conjunction with an application for a Development Permit for Operational
                           Works.

              11           Provided that the use authorised by this permit has not lapsed, all carparking shall be kept maintained
                           and line-marked in a condition fit for use to the reasonable satisfaction of the Manager-Land
                           Development.
              12           A contribution toward roadworks external to the development site in the Cootharaba Road catchment
                           shall be paid prior to the commencement of this approved use. The amount of the contribution as at
                           September 1999 is $100,000 and shall be subject to changes in the Consumer Price Index, All Groups
                           Brisbane, up until the date of payment
              13           Prior to the commencement of the use, Kabi Road shall be upgraded to local road standard of 6m seal
                           on 8m gravel formation for its full length from the intersection with Cootharaba Road to the development
                           site, at no cost to Council. Subject to satisfactory traffic management being incorporated into the
                           design of Kabi Road and fill batters being at a maximum grade of 1:6, the gravel pavement width may
                           be reduced to 7 metres. Design details to be submitted in conjunction with the application for a
                           development permit for operational works.
              14           No Council property of facility shall be interfered with during works associated with this development.
              15           All designs for engineering works involving the construction of pavements, kerb and channel, vehicular
                           access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be
                           prepared in accordance with the requirements of Council's Engineering Design Standards, shall
                           reference where applicable to Council’s Standard Drawings and shall incorporate best engineering
                           practice.
              16           A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
                           specifications for all engineering works which shall be submitted in conjunction with an application for a
                           Development Permit for Operational Works.

              17           Prior to commencement of the use, a certificate shall be submitted to Council from a registered
                           Professional Civil Engineer certifying that he has supervised all operational works and that all works
                           have been completed in a workmanlike manner in accordance with good engineering practice and in
                           accordance with the permits/approvals required pursuant to this permit.
              18           The following steps are undertaken prior to commencement of any construction on a public road:

                                 The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to
                                  commence works.
                                 The Principal Contractor or any of his subcontractors shall not undertake any works unless each
                                  contractor has public liability insurance in the sum of $10,000,000 and copies of current public
                                  liability insurance policies are submitted to Council’s inspector.
                                 The Principal Contractor shall nominate a site representative and give a telephone number that
                                  can reach the site representative at any time during a 24 hour day.
                                 The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's
                                  requirements for construction of access.
                                 All signage, including that for safety during construction, shall be in accordance with the Manual of
                                  Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks
                                  Signing Guide.
               19          The transportation of all materials to and from the development site shall be undertaken in a manner
                           such that no particulate matter escapes onto a public road. All vehicles carrying materials either to or
                           from the development site shall be covered to prevent materials including dust being windblown from
                           the vehicle.
               20          A program of works is to be submitted with any application for a Development Permit for Operational
                           Works detailing the construction schedule and proposed prevention measures.
                           Where the program is changed for any reason whatsoever, a copy of the revised program shall be
                           submitted to Council’s Works Inspector within seven (7) days.




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                               5


               21          Operational works are to be carried out in a manner that prevents:
                              Pollution of a waterway
                              Dust nuisance to residents in the vicinity
                              Transfer of dirt and debris onto a public road
                              Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)
                              Excessive traffic delays (less than 5 minute delays)
                              Diminution of neighbourhood amenity (long term parking of employees vehicles, parking of
                               construction equipment etc.)
              22           Where operational works are likely to affect nearby residents, at least 3 days notice of commencement
                           of work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to
                           affected residents
              23           Fill imported to the site may only be from a site licensed with The Environment Protection Authority or
                           from a site for which a development permit for operational works has been issued.
              24           A practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing
                           additional fill, prior to such fill being placed.
                           Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper to the
                           existing levels prior to the rear boundary of the property. Batters shall be at a maximum grade of 1:4
                           unless retained by a wall.
                           Any existing fill or natural materials on the development site or with the extent of approved works
                           external to the site which do not satisfy the Manager-Land Development's or a Geotechnical Engineer's
                           requirements shall be removed and replaced with suitable material.
              25           Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A, and
                           all work shall be supervised by a qualified Geotechnical Engineer who shall certify that fill has been
                           compacted to the required standard.
              26           The sewerage system for the club house and any toilet and washing facilities shall be designed to cater
                           for a minimum hydraulic loading of 4,000 litres per day with peak loadings above 4000 l/day being
                           determined from detailed estimates
              27           Pursuant to Item 15 of Schedule 1 to the Environmental Regulation, 1988, a current licence shall be
                           held for this sewerage facility from the Environment Protection Agency (EPA).
              28           Disposal of septic and sullage effluent may be by domestic aerated sewage treatment plant approved
                           with disposal of final effluent by sub-surface irrigation. This system may be used in conjunction with an
                           approved composting toilet. Full details shall be submitted to Council together with a copy of the EPA
                           licence.
                           The installation, operation and maintenance of the system shall be in accordance with all licence
                           conditions.
              29           A detailed geotechnical report from a registered professional geotechnical engineer shall be submitted
                           covering the disposal area for the effluent disposal area. All recommendations of the geotechnical
                           engineer shall be incorporated in to the design of the disposal area.
                           The design of the effluent disposal area shall comply with AS shall be located outside 50 metres from
                           any creek bank, and from the banks of any dams or intermittent streams within or in the vicinity of the
                           subject site.
              30           A final Environmental Management Plan (EMP) covering all aspects of the development including all
                           operational works as outlined in the Response to Finalised Information prepared by Gary Dillon &
                                                th
                           Associates dated 20 April shall be submitted for approval as part of the application for a development
                           permit for Operational works. All baseline data required to establish performance benchmarks shall be
                           undertaken and included in the application.
                           The EMP shall be prescriptive in defining acceptable limits for all aspects of this development.
              31           To protect the environment against siltation/sediment export or soil erosion as a result of this
                           development, The Environmental Management Plan shall detail all site control measures such as silt
                           fencing, sediment control ponds, nutrient stripping ponds. Prior to commencement of any works, all
                           physical site control measures shall be installed, and the plan adhered to.
              32           All existing noxious weeds, including but not limited to Groundsel bush (Baccharis halimifolia), Giant
                           Rats Tail Grass (Sporobolus pyramidalis and S. natalensis), and Salvinia molesta, shall be kept cleared
                           from the development site.
                           Under State Legislation, Gall Fly (Rhopalomyia Califormica) is not a recognised means of control or
                           destruction of groundsel bush. Any existing Declared Noxious Plants under the Rural Lands Protection
                           Act (1985) which have a control category of P2, P3 or P4 shall be controlled in a manner pursuant to the
                           Rural Lands Protection Act (1985).
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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                             6


                           The notification period to Council of the completion of eradication works shall be a minimum of thirty
                           (30) days. The Applicant is advised that Council's Noxious Weeds Officer will not undertake an
                           inspection the development site until after this notification period has expired.
              33           As part of the application for a development permit for operational works, details for rehabilitation of the
                           dam and waterway areas by the use of native fauna and flora shall be included.
              34           All suitable native trees shall be retained. Details of retained trees shall be submitted with any
                           application for a Development Permit for Operational Works.
                           Particular care shall be given not to interfere with the natural ecology around retained trees likely to
                           cause stress to these trees.
              35           The existing vegetation on the site shall be retained except where required to be removed to enable
                           construction of roads, accesses or pegging of surveyed boundaries. Particular care shall be taken not to
                           disturb vegetation adjacent to existing creeks and watercourses.
              36           Prior to commencement of any operational works arising out of this permit, security in the sum of
                           $25,000 must be lodged with Noosa Council, to secure performance of conditions of this approval
                           relating to works external to the site. The security shall be in the form of cash or unconditional trading
                           bank guarantee acceptable to the Manager-Land Development.
                           The security will be returned upon satisfactory performance of all relevant conditions of this approval
                           and any other related development permits for operational, less any costs incurred by Council in
                           ensuring compliance with these conditions or for any additional inspections incurred for substandard
                           work or works undertaken not in accordance with this permit.
              37           The requirements of ENERGEX, OPTUS and TELSTRA shall be satisfied in relation to any existing
                           services which currently traverse the development site. Written confirmation by the relevant authorities
                           that satisfactory arrangements have been made to formalise any existing informal services shall be
                           submitted prior to commencement of the use.
              38           All stormwater drainage shall be designed in accordance with the provisions of the 1987 Australian
                           Rainfall and Runoff (A.R.R.), Australian Standard AS3500.3.2-1998 ‘Stormwater Drainage-Acceptable
                           Solutions’ and Noosa Council Standards. Pipe and channel drainage systems shall be designed to
                           cater for ten (10) year Average Recurrence Interval design storm for Kabi Road.
              39           The water quality of any water originating from and leaving the site shall not vary by more than 5% from
                           the baseline data for water currently leaving the site measured in the north eastern area of the
                           development site. Monitoring of water quality in the dams shall be undertaken monthly during
                           construction and annually during operation.
              40           A water quality control plan shall be included in the EMP and once approved, shall be complied with at
                           all times.
              41           Stormwater drainage shall include measures to protect proposed allotments from run-off from
                           surrounding land. The design shall also address controls for gross pollutants, nutrient runoff, oil and
                           grease, and silt and sediment.
                           Underground stormwater systems shall be designed in accordance with Noosa Council’s Engineering
                           Design Standards, and shall be connected, where possible to Council's existing drainage systems.
                           An easement of minimum width 4.0 metres shall be granted in favour of Council over any stormwater
                           pipes that traverse private property.
                           Designs that concentrate stormwater onto adjoining land shall require separate formal approval from
                           the owner of the land or relevant Government Authority. Such approval shall be submitted with the
                           design in conjunction with an application for a Development Permit for Operational Works.
              Town Planning
               42          Development undertaken in accordance with this approval must generally comply with the approved
                           plans of development. The approved plans are numbered No. G177.DCP.02 Figure 3 prepared by GNP
                           Golf Design Pty Ltd and dated May 1998 and as may be amended by these conditions.
               43          The approval of the Sport and Recreation (golf course) component of the Integrated Permaculture
                           Designed Organic Orchard and Golf Course Complex, is only valid for as long as the Agriculture use
                           (Permaculture) is undertaken on the site. The Sport and Recreation ( Golf Course) use, and ancillary
                           uses, lapse if the Permaculture use ceases on the site.
               44          The owner/operators of the proposed development are required to be members of the Biological
                           Farmers of Australia. Accordingly there is not be any use of non organic chemicals on the site.




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                            7


               45          The Regional Manager, Cultural Heritage Program, Southeast Region, Environmental Protection
                           Agency should be contacted immediately on (07) 3225 8426 should any cultural artefacts be exposed
                           during construction.
               46          The proponent should give some consideration to rehabilitating the existing and proposed waterway
                           features, to a more natural state, by the use of native fauna and flora. The Southern Fisheries Centre
                           (Mr Bob Simpson, (07) 3817 9590 may be contacted for advice on stocking native fish.
               47          The clubhouse is limited to a size of 280m². Any future application for the granting of a Liquor Licence
                           should be limited in the hours of the licence to not later than 10pm Monday to Sunday, to minimise the
                           potential impacts on surrounding residences. The clubhouse is not permitted to operate after 10pm
                           daily and is not to be utilised as a Function Room.
               48          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.
               49          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. Such landscaping is to be completed
                           prior to the commencement of the golf course component of the use and maintained at all times
                           thereafter to the reasonable satisfaction of the Director of Environment & Planning.
               50          Existing trees on the site and within road reserves are to be retained, except where required to be
                           removed due to building operations or the conduct of the approved use. The landscape plans referred to
                           above are to denote areas of existing vegetation or existing trees proposed to be retained.
               51          Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
               52          The developer must submit security in the form of a cash bond or trading bank guarantee to the sum of
                           $20,000 to secure performance of all 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.
               53          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.
               54          This Development Permit for a material change of use of premises lapses if:-
                           54.1         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
                           54.2         the use of any premises pursuant to the Development Permit ceases.
               55          Prior to the commencement of development, the developer must obtain the following Development
                           Permits:-
                           55.1         Development Permit for building works;
                           55.2         Development Permit for plumbing and drainage works;
                           55.3         Development Permit for operational works of landscaping, carparking and access;
                           55.4         Development Permit for reconfiguring a Lot (amalgamation)
                           The developer must obtain all of the other Development Permits referred to above, prior to obtaining a
                           Development Permit for building works, unless the Council agrees otherwise.




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               NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         8




                              NOOSA                             Appeal Rights
                                                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

               The following is an extract from the Integrated                        (a) the development application involves impact
               Planning Act (Chapter 4).                                                  assessment; and
               Division 8 - Appeals to court relating to                              (b) the advice agency told the applicant and the
               development applications                                                   assessment manager to treat its response to
                                                                                          the application as a submission for an appeal.
               Appeals by applicants
                                                                                         (2) The appeal must be started within 20
               4.1.27.(1) An applicant for a development                              business days after the day the decision notice or
               application may appeal to the court against any of                     negotiated decision notice is given to the advice
               the following-                                                         agency as a submitter.
               (a) the refusal, or the refusal in part, of a                          Appeals for matters arising after approval given
                   development application;                                           (co-respondents)
               (b) a matter stated in a development approval,                         4.1.30.(1) For a development approval given for a
                   including any condition applying to the                            development application, a person to whom any of
                   development, and the identification of a code                      the following notices have been given may appeal
                   under section 3.1.6;1                                              to the court against the decision in the notice-
               (c) the decision to give a preliminary approval when                   (a) a notice giving a decision on a request for
                   a development permit was applied for;                                  extension of the currency period for an approval;
               (d) the length of a currency period;                                   (b) a notice giving a decision on a request to make
               (e) a deemed refusal.                                                      a minor change to an approval.
                   (2) An appeal under subsection (1)(a) to (d)                          (2) The appeal must be started within 20
               must be started within 20 business days (the                           business days after the day the notice of the
               “applicant’s appeal period”) after the day the                         decision is given to the person.
               decision notice or negotiated decision notice is                          (3) Subsection (1)(a) does not apply if the
               given to the applicant.                                                approval resulted from a development application
                   (3) An appeal under subsection (1)(e) may be                       (superseded planning scheme) that was assessed
               started at any time after the last day a decision on                   as if it were an application under a superseded
               the matter should have been made.                                      planning scheme.
               Appeals by submitters                                                  Division 9 - Appeals to court about other matters
               4.1.28.(1) A submitter for a development application                   Appeals for matters arising after approval given
               may appeal to the court about-                                         (no co-respondents)
               (a) the giving of a development approval, including                    4.1.31.(1) A person to whom any of the following
                   any conditions (or lack of conditions) or other                    notices have been given may appeal to the court
                   provisions of the approval; or                                     against the decision in the notice-
               (b) the length of a currency period for the approval.                  (a) a notice giving a decision on a request to
                                                                                          change or cancel a condition of a development
                   (2) The appeal must be started within 20
                                                                                          approval.
               business days (the “submitters appeal period”)
               after the day the decision notice or negotiated                        (b) a notice under section 6.1.442 giving a decision
               decision notice is given to the submitter.                                 to change or cancel a condition of a
                                                                                          development approval.
                  (3) If a person withdraws a submission before
               the application is decided, the person may not                            (2) The appeal must be started within 20
               appeal the decision.                                                   business days after the day the notice of the
                                                                                      decision is given to the person.
                   (4) If an application involves both impact
               assessment and code assessment, appeal rights
               for submitters are available only for the part of the
               application involving impact assessment.
               Appeals by advice agency submitters
               4.1.29.(1) An advice agency may, within the limits
               of its jurisdiction, appeal to the court about the
               giving of a development approval for a development
               application if-
                                                                                      2
                                                                                           Section 6.1.44 (Conditions may be changed or cancelled by
               1
                    Section 3.1.6 (Preliminary approval may override local planning       assessment manager or concurrence agency in certain
                   instrument)                                                            circumstances)



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           Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06               1

           <.     KABI ROAD (45 & 59), COOTHARABA – CHANGE TO CONDITION OF APPROVAL –
                  CLUBHOUSE OPENING HOURS – 12637 DA (HB)

                   REPORT BY:               Planning Officer – Hannah Blue

                   FILE:                    12637 DA (1998/981211)

                   APPLICANT:               Rena Claire Merchant

                   OWNER:                   Rena Claire Merchant

                   SITE:                    59 & 45 Kabi Road, Cootharaba described as Lot 394
                                            on M371117 and Lot 7 on RP 216403, Parish of Noosa

                   AREA:                    86.53 ha

                   DEVELOPMENT              Integrated Permaculture, Designed Organic Orchard
                   APPROVAL:                and Golf Course (18 holes)

                   REFERRAL AGENCIES:       Environmental Protection Agency
                                            Department of Natural Resources and Mines
                                            Department of Primary Industries
                                            Department of Main Roads
                   PROPOSAL:                Change to Condition 47 – Clubhouse Operating Hours

                   DATE OF APPROVAL:        21 October 1999

                   ZONE:                    Rural Pursuits

                   FEES PAID:               $685.00




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           Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06                                                                 2

                                               1065




                                                                                                                  
                                         1057
                            1049
                                                                                        1046


                                                                                                                      1046
                                                                                               1046
                                         A RD
                                      RAB
                                      THA
                                   COO




                                           990
                                                                                               501


                                                      980


                                                  968
                                                                        41
                                         956
                                                        27                                            48,

                                                               KABI R
                                                                        D
                                    16
                                                      24


                                         928

                                                                                  48,
                        914


                                      904



                  890
                                            39
                                                                             55                 209


                                                                                                                             192
                        2             36


                                                 44
                                                                   58                                       155
                  850                                                                                                    166


            834
                                                                                                                               150
           826                                               812

           1      PROPOSAL

           On 21 October, 1999 Council approved a Permaculture Designed Organic Orchard and Golf
           Course at the subject sites. Condition 47 of the Development Permit reads as follows:-

           The clubhouse is limited to a size of 280m². Any further application for the granting of a Liquor
           Licence should be limited in the hours of the licence to not later than 7pm Monday to Sunday, to
           minimise the potential impacts on surrounding residences. The clubhouse is not permitted to
           operate after 7pm daily.

           The applicant now seeks an extension to the clubhouse operating hours from 7pm to 12 midnight,
           Monday to Sunday. The applicant provided letters supporting the application from all of the owners
           of land adjoining Kabi Road as highlighted on the map provided.

           2      LAND USE ASSESSMENT

           The applicant provided the following justification in support of an extension of clubhouse opening
           hours until 12 midnight.

           A number of the regular clientele to Kabi Farm Golf Course have expressed concern that their
           ability to remain behind after a game of golf with family and/or friends to enjoy dinner is restricted
           by the current hours of operation, hence the purpose of this application.




                                                                                                                                   Print Date: 7 September 2021, 10:32 AM

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Noosa Council documents




           Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06                          3

           It is not uncommon for golf club houses to include catering / dining facilities which are open to both
           golfers and the general public, particularly with public golf courses. Many club houses contain a
           commercial kitchen which enables dining facilities to function during the day and particularly of an
           evening once golf activities have ceased.

           During the assessment of the application, the applicant raised the possibility of holding functions
           such as Christmas Parties and Melbourne Cup lunches within the clubhouse. They were advised
           that the clubhouse does not have an approval as a Function Room and that they are not able to
           utilise it for the expressed purposes. Instead, the clubhouse must only operate as an ancillary use
           to the Golf Course. The applicant was also advised that if they would like to change the use of the
           clubhouse, a separate impact assessable application would be required to be lodged with Council.

           Taking into consideration the ancillary nature of the clubhouse, it is considered that a 12 midnight
           closing time is excessive. As the latest time a round of golf may (on average) finish is 6pm, it is
           considered not necessary to require the clubhouse to be open an additional 6 hours. However, in
           response to the applicant’s justification, it is considered reasonable to allow for an extension of
           opening hours until 10pm, to allow golfers to have a drink and dinner after a game.

           A 10pm closing time was discussed with the applicant who agreed to the alternative closing time.
           However they raised concerns that staff and cleaners would not be able to vacate the clubhouse
           by this time. Therefore it was agreed that the amended condition would be worded as such to limit
           customers between 7am and 10pm, and allow staff to remain behind after this time.

           3      LAND DEVELOPMENT ASSESSMENT

           Given there will be no increase in patronage as the clubhouse is an ancillary use to the golf course,
           Land Development have no comment regarding the proposal.

           4      REFERRAL AGENCY’S RESPONSES

           The original proposal was referred to the Department of Environment & Heritage (Environmental
           Protection Agency), Department of Primary Industries and Fisheries, Department of Natural
           Resources and Department of Main Roads as Advice agencies. As a matter of courtesy a copy of
           the current application was forwarded to these agencies.

           All agencies have indicated that they have no objections to the proposal.

           5      CONCLUSION

           The applicant’s request to extend the operating hours of the clubhouse from 7pm to 12 midnight is
           deemed excessive when taken into consideration that the clubhouse may only operate as an
           ancillary use to the golf course and not for the purpose of a function room. However, the
           applicant’s justification regarding golfers desire to remain after a game and have a meal is
           regarded as reasonable, and therefore it is recommended that condition 47 of the original approval
           be amended to reflect a 10pm closing time.

           The proposal raises no significant planning, engineering and health concerns and is recommended
           for approval subject to additional conditions.

           RECOMMENDATION

           With regard to 12637 DA (1998/981211) (Rena Claire Merchant) for a Request to Change an
           Existing Approval at 59 & 45 Kabi Road, Cootharaba described as Lot 394 on M371117, Parish of
           Noosa and Lot 7 on RP 216403, Parish of Noosa, Council approve the change, with:-

           A.     A change to Condition 47 to read as follows:-




                                                                                            Print Date: 7 September 2021, 10:32 AM

Page 12

Noosa Council documents




           Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06                                   4

                   47.     The clubhouse is limited to a size of 280m². Any future application for the granting of a
                           Liquor Licence should be limited in the hours of the licence to not later than 10pm
                           Monday to Sunday, to minimise the potential impacts on surrounding residences. The
                           clubhouse is not permitted to operate after 10pm daily and is not to be utilised as a
                           Function Room.

           B.      Issue a Compiled Decision Notice.

           (Index: Application – 12637 DA (1998/981211) & Customer - Rena Claire Merchant (PO7))

           Directorates/Sections Consulted:
                Business                      Corporate Services     X   Community Services      X     Environ & Planning
                Aquatic Centre                Financial Services         Art Gallery                   Building Services
                Building Certific.Group       Information Services       Community Dev.                Environmental Services
                Child Care Centre             Legal Services             Events                  X     Land Development
                Council Laboratory            Planning & Support     X   Environmental Health    X     Land Use
                Leisure Centre                Revenue Services           Library                       Plumbing Services
                Water & Sewerage                                         Public Order & Safety         Strategic Planning
                                                                         Recreational Services
                                                                         Respite Centre
                                                                         Youth
                Works                         Human Resources            Exec. & Secretariat
                Design                                                   Arts & Heritage Board
                Works Administration                                     Economic Board
                Works Operations                                         Environment Board
                Works Planning                                           Social Board
                                                                         Tourism Board




                                                                                                     Print Date: 7 September 2021, 10:32 AM

Page 13

Noosa Council documents




           Environment & Planning Committee Reports 13/01/06 - Ordinary Meeting 19/01/06              5




                                                                                Print Date: 7 September 2021, 10:32 AM

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