Council archive · source document
Decision Notice - 010.2004.00005102.001 [As Published] · 132004.5102
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2004/5102 Date of Decision: 24 October 2007
1. APPLICANT DETAILS
Name: Gympie Tee Pty Ltd
Postal address: CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Phone no: 5443 2844 Fax no: 617 5443 7146
2. PROPERTY DESCRIPTION
Street address: 255 Gympie Terrace Noosaville
Real property Lots 0, 1 & 2 BUP 12008
description:
3. OWNER DETAILS
Name: Body Corporate - Waterfront Place Noosa Gympie Tee Pty Ltd
Postal address: Queensland Body Corp Management PO Box 8602
PO Box 551 HEATHERTON VIC 3202
NOOSA HEADS QLD 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use 2 x Restaurants No Yes
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Nil.
8. SUBMISSIONS
Not Applicable.
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 8 pages
Page 2
NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 9 9. CONDITIONS The approval is subject to conditions. Noosa Council’s conditions are attached. 10. FURTHER DEVELOPMENT PERMITS REQUIRED Type of Development Permit required Subject of the required Development Permit Development Permit for Building Works Change of Classification 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENT MANAGER Name: Noosa Council Signature: Date: 26/10/07 AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 3
NOOSA COUNCIL IDAS Development Application Decision Notice 3 of 9
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development titled Proposal Plan Ground Floor Plan for 255 Gympie Terrace, Noosaville dated
September 2004 and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. Any advertising sign or device is to comply with Council's policies on advertising.
2
4. Outdoor dining within the forecourt area is limited to a maximum of 15m per tenancy, with individual
outdoor dining areas to be clearly delineated at all times during the operation of the use.
5. Outdoor dining for Tenancy 2 shall be located to the west of the pedestrian access stairs to Gympie
Terrace to avoid conflict with pedestrian access from Gympie Terrace to all of the tenancies on-site.
6. A contribution of $13,500 (applying for 1 car parking space) shall be paid to the Council prior to
“commencement of the use” in accordance with Council’s Planning Scheme Policy PSP13 Contributions
in Lieu of the Provision of Off-Street Parking. This amount will be subject to variations in the Consumer
Price Index, All Groups Brisbane from June 2007 until the date of payment.
7. The Development Permit for a material change of use of premises lapses if the use has not happened by
24 October 2011, unless an application to extend the currency is approved by Council.
Land Development
Contributions Towards Council Infrastructure
8. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $153
PSP13 – Contributions in Lieu of the Provision of Off-Street Parking $13,500
PSP16 – Sewerage Headworks Contributions $6,451
PSP17 – Water Supply Headworks Contributions $7,165
PSP20 – Pathway Trunk Network Contributions $154
Local Roadworks Contributions $207
TOTAL Contribution Amount = $27,630
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from June 2007 until the date of payment.
All contributions must be paid prior to the commencement of the use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the contributions
not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of
contributions will incur an administration fee in accordance with Council’s Land Development Commercial
& Regulatory Fees at the time of lodgement.
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 4
NOOSA COUNCIL IDAS Development Application Decision Notice 4 of 9
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the paid contributions and/or the trading bank guarantee will be returned.
General
9. Any alteration of any public utility or other facilities necessitated by the development of the land or
associated construction works external to the site shall be at no cost to Council.
Environmental Health
10. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
Policy No 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an
external imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A roofed waste/bin wash area or another
suitable design and fitted with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap and grease arrestor is required.
11. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 “Waste
Management Multi-Dwellings and Commercial and Industrial Premises”, must be submitted for the day-to-
day operation of the development and approved by Council’s Health Section prior to issue of development
permit for operational works.
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining
exactly how to predict waste quantities and design waste areas is available from Council and the web.
The Plan shall include the following information: -
The types of waste that will be generated from the activities approved within the development.
Estimated volumes or tonnage of both recyclables and waste generated.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures for getting all waste to the bins; the storage of bins and the collection of
bins by the contractor.
A description of the design details of waste storage and recycling areas including size, location,
elevation and floor plan, methods of bin washing and system to prevent storm water getting into
sewer via the bin wash.
A description of types and volume of waste storage containers to be used.
The waste and recycling storage area shall include the provision of containers for all waste and
recycling materials including putresable matter, non-recycling waste, paper/ cardboard, glass,
aluminum/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to
sewer.
A detailed description of vehicular access to collect waste. Where collection is off street, access
must allow vehicles to enter and leave the site in a forward direction.
12. Noise emission from mechanical equipment (air conditioners, refrigeration equipment etc) shall comply
with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance
with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 5
NOOSA COUNCIL IDAS Development Application Decision Notice 5 of 9
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
13. Submission of written certification from a suitably qualified person confirming that the noise levels from all
mechanical equipment comply with the cause above when measured at either the residential boundary or
outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to
any occupation of the building, and in a format approved by Council. This assessment must take into
account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the
plan development stage so they can recommend where this equipment is best located. They can also
advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
costly to try and deal with noise problems after everything is built.
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 6
NOOSA COUNCIL IDAS Development Application Decision Notice 6 of 9
Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
14. The applicant is advised that development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
2
156m Use Area in
Entertainment & Dinning Total
Retail Business – Type 2
126m Use Area Business – Type 1 –
2 – Shop (126m² indoor &
Food & Beverage
30m² outdoor)
15. The applicant is informed that approval of this development application will trigger an Infrastructure
Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
amount of $10,176 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
June 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance with
Chapter 5 of the Integrated Planning Act 1997.
16. The applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
17. Where any food premises is included in a development, the following is required:
17.1. Plans and application is to be made to Council’s Environmental Health Section for approval prior to
any building approval, fitting out or use of the premises.
17.2. A statement indicating the purpose of the food premises, type of food sold, proposed menu and
maximum number of patrons at any time, is to accompany the application for plan approval.
17.3. Construction and use of the food premises should comply with Council’s Food Premises Policy and
the Food Safety Standards. (Both available from Council)
17.4. Toilets for customers and staff to be provided in accordance with Building Code of Australia.
Obtain advice from a building certifier on numbers and standards, including disable access.
17.5. Plans and approval is required for any mechanical exhaust ventilation system, which should
comply with AS1668. A certificate from the installer certifying the system complies with the
Standard must be obtained and lodged with Council prior to commencement of trade.
17.6. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food
License from Council, prior to use of those premises.
Note: Provisions will need to be made for toilets, waste storage, mop sink, personal belongings of staff
and general storage.
18. The development should 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, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No.
12 – Control of Nuisances.
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 7
NOOSA COUNCIL IDAS Development Application Decision Notice 7 of 9
19. All refrigeration plant including motors, should be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.
20. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
fines apply for such offences.
21. The proposed application utilises an area greater than 10% of the buildings floor area. As such,
reclassification of this portion of the building is required to satisfy the Building Code of Australia
requirements. Reclassification will necessitate assessment for fire separation, disability access and
requirements for the provision of other facilities under the Building Approval process.
22. The plans for the proposed building work have not been assessed for compliance with the requirements of
the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and
facilities in the building:-
A. The building and environs should be designed to meet the requirements of the Human Rights and
Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
B. Applicants should be aware that a “Disability Standard on Access to Premises is being developed
and most likely will result in changes to the Building Code of Australia;
C. Any services and facilities in the building complex must allow independent, dignified and equitable
use of the services and facilities for all people.
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 8
NOOSA COUNCIL IDAS Development Application Decision Notice 8 of 9
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against
Planning Act (Chapter 4). a concurrence agency code, appeal rights for
submitters for the application are not available
Division 8 - Appeals to court relating to against the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a a development approval for a development
development application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
1
under section 3.1.6; assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
(3) An appeal under subsection (1)(e) may be the following notices have been given may appeal to
started at any time after the last day a decision on the the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business (superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day if it were an application under a superseded planning
the decision notice or negotiated decision notice is scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be
(4) If an application involves both impact started at any time after the last day the decision on
assessment and code assessment, appeal rights for the matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Page 9
NOOSA COUNCIL IDAS Development Application Decision Notice 9 of 9
2
(b) a notice under section 6.1.44 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@8403727e\@[email protected]
Used in these records
Decision Notice - 010.2004.00005102.001 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 42 KB (small file)
- File type
No other editions are linked here.