Decision Notice - Approved by Delegation of Authority MCU21 0061

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU21/0061
Your Reference:	n/a
5 July 2021
Kin Kin Community Group Inc
PO Box 63
KIN KIN  QLD  4571
[email protected]
Dear Applicant
Decision Notice
Planning Act 2016
I refer to your application and advise that on 29 June 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0061
Street address:	Kin Kin Sportsground 57 Main St Kin Kin Qld 4571
Real property description:	Lot 200 SP 233184
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Market
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Site Plan Makeup, prepared by Kin Kin Community Group Inc. (Google Maps 2018)	06.22.2018
Nature and Extent of Approved Use
The maximum number of stalls on site at any time must not exceed 50 stalls.
The markets must only operate on the first Sunday of each month between 8am – 12pm.   Stall holders must not set up before 7am, with pack up completed by 2pm the same day.
A minimum of 50% of stalls must be used for one or more of the following:
entertainment;
sales of fresh food and produce;
home-made goods; and
activities conducted by or on behalf of a non-profit or community organisation.
Currency Period
This development approval lapses if the use has not happened by 29 June 2027, unless an application to extend the currency period is approved by Council.
The approval lapses on 29 June 2031, unless otherwise extended in writing by Council.
Amenity
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.
The use of amplified music, megaphones, public address systems and noise generating plant and equipment is not permitted.
Noise Generated by the market complies with the levels of noise emissions prescribed under the Environment Protection (Noise) Regulations 1997.
Any outdoor lighting associated with the market is designed, installed, operated and maintained in accordance with AS4282 – The control of the Obtrusive Effects of outdoor lighting.
Heavy vehicles or commercial vehicles are permitted to arrive or park in proximity to the site before 6:00am.
Any temporary lighting is dismantled immediately on closure of the markets.
The use area of the market is left in a clean state at the end of each market day.
Waste Management Plan
Prior to the commencement of the approved use a Waste Management Plan must be submitted addressing the following:
Estimated volumes of waste to be generated;
Estimated volumes of recyclables;
Estimated volumes of garden/organic waste;
Method to be used for disposal of garden/organic waste;
Initiatives to minimise waste by waste reduction, reuse or recycling;
Plans showing the location and details of the waste storage areas;

Flood Management Plan
Prior to the commencement of the approved market use an Evacuation Management Plan must be prepared and submitted to Council which includes the following:
Details of where store holders and customers be directed to in the occurrence of a natural hazard event, including flood inundation.
The approved use must act in accordance with the requirements of the Evacuation Management Plan.
Traffic Management & Carparking Plan
Prior to the commencement of the approved market use a Traffic Management and Carparking Plan must be prepared and submitted to Council which includes the following:
Carparking locations;
Methods by which patrons are to be directed to car parking locations.
The approved use must act in accordance with the requirements of the Traffic Management and Carparking Plan.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unity Water

	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 Co

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