Decision Notice 51901.4863.07

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51901.4863.07  : JELDER
Your Reference:	n/a
4 July 2018
Mr JB McDermott, AMH McDermott
Bella Casa
3/40 Hastings St
NOOSA HEADS  QLD  4567

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 June 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51901.4863.07
Street address:	18 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 2 RP 133488
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 15 July 1986.
Town Planning Consent -  30 Shops, Commercial Premises, Professional Offices, Catering Shops, Caterer’s Rooms, Surgery and Associated Car Park
In relation to the request to make a minor change to the existing approval, Council on 2 July 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Include additional conditions for Tenancy 30
currency period of approval
The currency period for this development approval is stated in TPC 1816.
assessment manager conditions
To be read in conjunction with previous approvals for the site – TPC1816
Change to approval – 22 September 2005 for the Balcony
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plan of development. The approved plan is titled and numbered Extract of Approved Plan No. WD3/14 and dated July 2005 and as may be amended by these conditions.
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 balcony shall not be enclosed with shutters, glass panelling or the like, thus remaining as an open structure.
Land Development
Park Contributions
A Park contribution of $58 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to the Commencement of Use in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Pathway Contributions
A pathway contribution of $24 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to the Commencement of Use. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Water Supply	$920
Sewerage	$873
TOTAL	$1,793
All headworks contributions must be paid prior to the Commencement of Use.
Further Permits Required
Prior to the commencement of development, the following Development Permit must be obtained:-
Development Permit for Building Works.
Change to approval - 17 August 2015 for Tenancy 18
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/Document Name	Date
Floor Plan – Proposed Tenancy Division	Received by Council on 28 July 2015
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Appearance
The subject tenancy must provide at least 50% transparent glazing to shop fronts to create active building fronts.
Change to approval - 2 July 2018 for Tenancy 30
Use
Tenancy 30 is approved for a Shop and Salon Use as defined by the Noosa Plan.
Building Appearance
The subject tenancy must provide at least 50% transparent glazing to shop fronts to create active building fronts.
referral agencies
Not Applicable.
advisory notes
22 September 2005 - for the Balcony

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM CONDITIONS OF APPROVAL
Approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the amount of $3,812 and is subject to variations in the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
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.
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:
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;
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;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifier’s responsibility to assess the requirements for fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Works (Internal Fitout)
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
TPC 1816

cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – TPC 1816 - 15 July 1986 – copy attached
TPC 1816 – 16 June 1987 – Amendment to Condition 25.- copy attached.
TPC 1816 – 21 April 1994 – Changes to two existing car parking bays to be enclosed for store purposes. – copy attached
TPC 1816 – 10 December 2003 – Change from Caterers room to commercial premises – massage clinic (Tenancy C7). – copy attached
TPC 1816 – 4 June 2004 – Renovations to Plan Room and change of use of shop to restaurant Tenancy D6 (1A & 1B)
Change to Decision Notice - 51901.4863.03 – 17 November 2004 - Change to the development approval to include a storeroom – copy attached
Change to Decision Notice - 51901.4863.04 – 22 September 2005 - Change to the development approval to allow a balcony extension
Change to Decision Notice - 51901.4863.05 – 17 August 2015 - Change to the development approval to divide tenancy 18 (203m2) into 2 tenancies – copy attached.
Decision Notice – Generally in Accordance 51901.4863.06 – 2 August 2017 – Regards to build form to a kiosk area. – copy attached
Decision Notice – Minor 51901.4863.07 – 2 July 2018 – Approve changes to Tenancy 30 .

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 24

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Nell Blame (07) 5449 5379, G7

tntpionaienn FILE Copy

5 Tax Qootf

31 December 2003

ROBIN CROFT
C/- URBAN STRATEGIES

PO BOX 939.
MAROOCHYDORE QLD 4558

Dear Sir,

Re: Application for a Change to a Development Approval for Material Change of
Use of premises situated at 18 Hastings Street, Noosa Heads described as Lot
Ton RP 214446

1 refer fo your request to make a change to the above Development Approval. On 10
December 2003 Council decided to approve the change, subject tothe following:

1. Allow a change of use from Caterer’s Room to Commercial Premises in Tenancy
(C7 and the adjacent terrace as indicated on the plan numbered S1, Issue A dated
July 2003 prepared by Neil Harris Architect.

2. A development permit for building work approving a change of classification of
this building shall be obtained prior to the building being occupied for its intended

3. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulations 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.

4. ‘The development must be undertaken and operated in a manner that causes no
etrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting, dust or odour nuisance or any other
emissions in accordance with the nuisance provisions of the Environmental
Protection Regulation 1998. On the spot fines apply for such offences.

 

5. The proposed use as Commercial Premises (massage clinic) on the extemal
terrace area should be conducted in a visually sensitive way that causes no
detrimental effect upon the amenity of the neighbourhood in this visually
prominent location with appropriate additional pot plants or screens to be placed
{or privacy as required.

Winner - Queensland's Best Recycling
Programme 2002


[Attachment: image11.png (image text)]
‘You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Integrated Planning Act is also attached

‘Should you wish to obtain more information about Council's decision, the reports and
staff recommendations tegarding this application are available for viewing or purchase
atthe Level 2 counter of Couneil offices. It would assist Council staf if you could bring
this letter with you,

Your fitfatly
Nae

Net shiney

SENIOR PLANNING OFFICER

Winner - Queensland Best Recycling


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Pana Futaon $42851759

. ssoneee2 191816
. Emat-pos@nocss ga gov. aut

"28 September 20059

* Seymour CBD Pty Lisl 2
CARE Urban Strategies
POs 2304
MAROOCHYDORE-CLD-4558=

Dear SiMademg)

+ Re:+ Application for-a-Change-to-Development-Approval--Balcony-situated-at-18:
Hastings-Street Noosa Heads,described-as-Lot27-SP-140844],

* leferto-your request to-make-e:change-to-the-sbove: development pproval-On-22:
‘September. 2008- Counci- decided: to: approves the: change,” subject tothe folowing
sands

sLandUseq

“1, -+ Development undertaken in-accordance with this-approval must generally comply
with: the- spproved: plan- of development. The- approved: plan” is- tiled: and
numbered: Extract of Approved: Plan-No-WD3/14-and-dated-July-2005-and-s:
may be-amandes by these conditions

2, -+ The: development must be undertaken and operated in-@ manner that causes-no
Getrimental effect upon: the amenity of the: neighbourhood: by: reason-of the
creston-of excessive noise, ighing nuisance-or other emissions f

"3, -+ The:baloony shall notbe enclosed with shutters, glass-panelling-orthe ike, thus
remsining-25-en-open structure

+ Land Development]
+ Bark Contibutonsy

"4. -+ AcPark-contibution-of-$58-towards- the: scquiston-of additional: parkland-or the
improvement of existing parkland-anc feces inthe locality shal-be-paid o-the
Council prior to the- Commencement: of Use: in- accordance: with Councis:
Flenning Scheme-Policy PSP24-Parke Requirements.-This-amountwil-be subject
to-varatons in the-Consumer Pres Index, Al Groups Brisbane: from June-2008
nti the-dete-of payment |

1 Award:Winrer~ Australian Clean Beach ©
Challenge 2004 Litter Prevention


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a
+ Bathwey-Contibutions

"15. -+ Acpathway-contribution of $24-towards-external-msjor pthways.-in-accordance
‘with Planning’ Scheme Policy PSP41-Cosetal Major Pathway Contnbutions, shal
be-psito-the-Councl-priorto-the- Commencement of Use This-amount-will- bs
subject to variations inthe Consumer Price Index. All Groups Brisbane from June
2008 untithe-cate of payment

+ Hascocks Contributions

"8. -+ Contributions: shal be: pad: to- Counci-in- accordance: with: Planing: Scheme
Policies: PSP25- and: PSP30: on- Water: Supply: Heacwerks: Contbutons: end!
Sewerage: Heacworks: Contributions respectvely-and-at the: rates-spplioable: at
the-ime-of payment.~An-estimate-only-of the-contnibuton rates under the-current
polices is outlined: below.~-These-amounts-wil susie. n-ne-with-changesto
the- Consumer Prce-Index.-AllGroups Brisbane fom-June-2006-untithe-date-of
paymenty,

WeterSuppiye 98208

sSewerages $8732
sTOTALe sire
+ Alkbssduars:contributions must be-psidpriortothe Commencementof Use]

+ Further Permits Requi

 

ay

"7. -+ Prior to-the:commencemant-of development. the-fllowing-Development-Permit
rmustbe-ohisinesis

+ 7.14 Development Permitfor Building Works.
* THEFOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND.DO.NOT
FORM CONDITIONS-OF APPROVALT

"1. -+ Approval of this development: appliction-will-tigger-snInfestructure-Charge-in
sccordance withthe Coastal Major Rosd-Network infrastructure Charges Plan for
the-smountof $3,812 andi subjectto variations n-the Consumer Price-Index Al
Groups Brisbane: from-June-2008-unti-the dete of payment. Arn-Infastructure
Charge: Notioe will be-issued-in- aocordanoe: with: Chapter §-of the Integrated
Planning Act 1897

2, -+ Payment vie-crecit cara transaction will nat be-an-aoceptable mathod of payment
{or development: contributions. conditioned: in this permit or for infrastructure
charge notices issued separately |

"3. -+ Therplans forthe proposed-bulding workchave-not been assessed for compliance
with -the-requirements-ofthe-Builsing-Code-of Australis-as-they-elate-to-pecple
‘with: disables Your aftention-is-drawn-to-the: matter that ether or both the
Disability: Diserimination- Act: 1982- (Commonwealth) andthe: Anf-Discriminstion:
‘Act 1201(Queenslend)may-impact onthe proposed-buling work,

 

1 Award:Winrer~ Australian Clean Beach ©

CChallenge-2004Litter Prevention)


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4. -+ Noose-Councitrecommends-that the felowing-maters-be-considered-to-adress:
equitable access and fecitiesin the building |

"15, -+ The: building’ end-environs-should-be-dasigned-to-meet-the:equrements-of the
Human Rights-and-Equal- Opportunity Commission“Acvisory Notes-on-Access:to
Premises" and AS14285 291

"0. -+ Applicants-should-be-sware-that«-Disebilly-Standard-on-Access to-Premises is:
being’ developed: and-mostlicely-wil-resut in-changes-to-the-Builing: Code- cf
Australia,

"7. -+ Any: services: end: facilities in: the: busing: complex: must allow: independent,
Gigntied and equitable use of te services and facities forall people]

"8, -+ This propossl-has-not been’ assessadin relation to-the-spraadof fre-between
properties: /- buildings. Iris: the: bulding-cartfier's- responsibil to assess: the
‘requirements for fre-separation and’ appropriate methods of construction-s5-part
Of the: bulling: works- approval: process.- Referral: the- Queensland: Fie: and:
Rescue: Service: (QFRS) may: be: required: a= part of the- Suleing- Approval
process.

"You: are: entitled: to- appeal against this decision. A- copy’ of the: relevant: appesl:
provisions fromthe integrated Planning Actisalso‘ttached 7

+ Please-note that an Infrastructure-Charge-in-sccordance-withthe-Cosstal Major Rost:
Network: Infrastructure Cherges Plan: has: been’ triggered: by. the: approval of this
development application -An-inkastucture Charge’ Notice-i-attached:in-compliance
with Chapter ofthe Integrated Planning Act 1997.4

+ Should-you-wish to obtain more-information-about-Counci's decision, the-reports: an

staftrecommendtions and-Counci-Minutes regarding this-epplication are-avsigble for
Viewing’or purchase-stthe-Level-2-counter-of Counal offices It would assist-Councl

stafifyou could bring this letter with you

Yours faithfully

+ Shane-Adamsonf
+ MANAGER -LAND-USE

a

1 Award:Winrer~ Australian Clean Beach ©

Challenge 2004 Litter Prevention

 


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SER TSE teem,
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Towntecderg

1120-Queen of Colonies Parl
MOFFAT BEAGHCQLA:-46517

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[email protected] ou]

1
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Bese SitMadam
1
Change-to-an-Existing-Approval]|
‘Sustainable-Planning Act 20097
1

I refer to: your request: to: make- s: permissible: change: to- an- existing: approval - On:
{7’August2015.Counci-decided your requested-changes 7

Detais-ofthe-cecision areas follows]

1+ APPLICATION DETAIL Sy

 

Application Nos ‘s1001.4869.052
‘Street Adcress:= Bay Vilage 18/15 Hastings StNOOSAHEADS-OLD-a567= =
RealPropeny Descrpton=  Lot2.RP-129428-8-LoM8SP-140844= .
Planning Scheme:s ‘The Noose Plan (16-September2013)2 .

“2+ DECISION DETAILSY,
‘Counci'on-15July-1086 decided to-esue the following type of approval]
4+ -+ 20: shops.- Commercial: Premises. Professional: Offees,- Catering: Shops, Caterers
Rooms, Surgery ane-Associated-CarPark]
1

Changes tosevers

 

individual tenencies have been subsequently been -spproved

Intelation tothe request to-make'e:change-to-he-evsting-epprovalto-permitTenancy-18t0-e
divi info wo tenancies, Counoiton Te*August20'6-decigad tom

|A.-+ Approve'the-change-subjectto conditions: 1-4-detsiled below
1

+3 + RELEVANT PERIOD-OF APPROVAL
Notepplicabie 1

«4+ (CONSOLIDATED ASSESSMENT MANAGER CONDITIONSY,

‘Tobereactin conjunction with previous-epprovals-forthe-ste—TPC18 164,
1

   

NOOSA COUNCIL i : .


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*PLANNINGT
+ When Conditions-mustibe-Complied With

11. -+ Unless: otherwise state,al:condtions-of this Decsion- Note: must-be-complied with
Prior tothe-use commencing and then compliance-msintsinet-slltimes while the-use
bontinues.

 

+ Approved Plansf

12, + Davelopment-undertakerin-accordance:with this approval-must generally comply: with
the: approved plans cf development “The approved plans sisted inthe following table
unless-otherwise-amended-by these conditions |

Plan/Document Names Dates le
FloorPian—Proposed Tenancy Divisions | Received-by Counci on 28 July 2016=

3. -+ Development suthorised-by this-spprovel-must-be-undertsken-generall-in-eccordence
with the: Approved Plans sted within this Decision Notice

+ Building Appearance

14. -+ The: subject tenancy: must provide’ st least £0%: transparent glazing-to-shop-fronts-to
create active building fronts
1

‘5+ RIGHTS OF APPEAL
4
‘You are-entiled to appeal against this decision. copy ofthe relevant appeal provisions from
the Sustainable Planning Act 2009%s-atached
1

6+ OTHERDETAILST
1

Ifyou wish to tain-more information-about Councis decision. elactronic‘copis of which are
aveilable on line st yom noose old. gov eu ort Councitoffoes

q
‘Yours faithfully
<
<P
4 ,

1

JACK LEWISH

DEVELOPMENT PLANNER]

4
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4
Frat —+ approves ansioocumentst
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oz August 20179,
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JORyeyT

‘2Arkans Of
NOOSAHEADS-QLD-48079
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Dear Sadar,
1

Generally:In-Accordance]
1

Irrefer-to- your letter requesting: Council to-endorse: reves plans-forthe-subject-site-On'2
‘August: 2017: Counci- considered: the: request to: be- generally: in: accordance: with: the
Development Approval TPC-1810%)

+e APPLICATION DETAILSY

Application Nos ‘51001.4889.06 =
‘Street Adcress:= 18 Hastings StNOOSAHEADS-QLD-4687-= =
ReslProperyDescripton= Lot 2-RP-133482 =
Planning Schemes ‘The Noose Plan (28-October 2016}2 .

++ DECISION DETAILS

Development-undertaken-in- accordance: with this approval must: generslly-comply-with the
‘approved: plans” of development. The: plans ited in- the: folowing: table- ere: considered
generally ivaccordance-withthe approval unless otherwise amended-by these-conditons.

 

Plan Nox Rav PlaniDooument Name= Dates

 

A025 ‘Az | Proposed: Floor Plan, drawn by: Space 28.05 17=
Planning Concepts

 

 

 

A205= ‘az | 8D-View-drewn-by Space Planning Conceptss | 12.08.17=
A208 +d As | SDView,drawn-by Space Planning Conceptss | 10.00.172
A20= ‘Ae | 3D: View: (Dimensions) drswn- by: Space) 17.07.17=

Planning Concepts

 

 

 

 

 

 

2008 ‘Az | Elevation A- drawn: by: Space: Planning! 12.08.17=
Concepts=

A201 ‘Az | Elevation: B- drawn: by: Spece- Planning! 12.05.17
Concepts=

 

 

 

NOOSA COUNCIL toe : -


[Attachment: image19.png (image text)]
- 100.4883 009

 

 

 

 

 

 

 

A208 ‘Az | Elevation: C. drawn- by: Space: Planning! 12.08. 17=
Concepts=

A206 ‘Az | Elevation E- drawn: by: Spece- Planning! 12.08.17
Concepts=

¢

“oe OTHERDETAILST
Ifyou wish to-obtain more information about Counci's decison, electronic copies re avaiable
lon ine at wir noosa aid gov ay. or at Council Offoes

1
‘Yours faithfully

Patrick Murphy
(Coordinator

1

4,
So-+ Asproearanet

 

7

 


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5

cots a conics

 

 

= zens? NOOSA SHIRE COUNCIL

” Ma/PR/TEC 1016 Pecan Sint, twos

vecn galy, 1986

Ls cs HeELroy,
/- Laguna Bay Hotel,
Haeeinga serect,
NOOSA HEADS. 4567.

pear sir,

Re: 4.0.0. 1816-30 Shops, Comercial Prentees
Profesional Offices, Catering shops, Caterer's Rooms,
- Surgery and Resoctaced Car park

 

‘our application was considered by Council at ite seeting on
‘ysen guty, 1986. ~

council xesolved to propose to approve your application
fubject co the conditions Liseéd below:

te compliance wizn all relevant .proviaions of the Town’

Plenning scheme, Chapter XIIV (Town Planning) and other
Councs] Policies.

2, The site snail be developed qubseantially in accordance
Wien the amended plana forming part of and approved with
This ‘application end aigned for identification by tne
Shire Clerk. (Copy attached hereto).

 

3. tn accordance witn Section 33 (160) of the Local
Government Act 1936, Council's approval te valid for a
period of two (2) years. at che expiration of wnicn
peried the council aay take action to” revoke ste
Rpproval, if in the opinion of the Council substantial,
progress has not bean aade in erecting the Dullding or
Sener structure the ubject of che Consent Permity oF
the land, subject co the Consent Perit, {a not being
Gacd substantially in accoréance with the purposes for
whiten consent wae granted.

 

 

 

 


[Attachment: image21.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
Lotter Heelroy 2

“

a.

‘To engure compliance with any and all conditions of ‘thie
‘approval Council vill require that you enter into a: Back
Guarantee of 910,000 to secure performance. the
guarantee shall be lodged with Counctl prior to che
fesue of & Building Perait. Any coate incidental
thereto vill be borne by ehe Developer.

‘Tho conditions of this approval are to be completed
prior to the occupancy of the building and tf chia to
ot done, Council reserves the rignt to call on the Bank
guarantee ledged to carry out the works involved:

Paysont of any outstanding races oving'on the property.

‘tis " consentaapproval does not imply Building Approval.
Working dravings shall be ralmitted in compliance vith
the Building Act 1975 aa amended and shell” be
substantially, in accordance with the plane the subject
of this consent. (subscential variations will require
separate Council approval) 2.

‘the approval herein ia for Town Planning Consent only
fand does not imply that Council approval will be grancod,
ko an application under the Building Unita and Grou
itlea “net

 

Permanent car parking 1# to be provided on site for 99
vehicles cogerner vith a loading dock as required.

ALL internal roadvorka (including parking arese) and
access from the extecing frontage road to connect to the
Anternal roadvorka shall be provided with « sealed
Pavesent, whiten shall be designed, drained, constructed
and maintained in accordance with the standard and
Fequirenente of the enire znginesr.

Plans and opecttications fox tne above worka anal be
gubaitted to the shire Engineer for approval prior to
che tesuo of a Building Permit.

 

‘The Developer shall bear the cost of alteration of ‘any
public utilicy or faoslitie

Gevolopuent of the lend or
external to the #ite,

 

Connection ro Council's axtating water aupply
Feticulation in Hastings Street at the Developer
expenee to che’ etandarde and requirements of Council's

Building Surveyor. .


[Attachment: image4.png (image text)]
 

Lecter NoBlroy, 3 a m
44. conection to Council's exteting severage reticulation

186

16

20

a

system. by a connection to the existing man-hole on the
western boundary of the sito and by a gravity main then
fo Council's future sevaraga eyaten in aatinge treet
at the. Peveloper'e. expanse to. the standard and
Fequirenanea of Council's Building Surveyor.

Filling levels and floor levels of all buildings, other
structures and car park area levela shall be established
fo. che requirements of the shire Engineer. such levela
shall be provided upon application to the Engineering
Departaent. The ‘minimm habitable floor level snail de
ML, 2m ARD. CAF parking may be RL 1.7m Aull.D.

 

Pilling, other davelopmant works! of the erection of any
batldings or other etructures shall be carried out 20 a:
pot to catiee any ponding of water on adjoining: land or
toy blockage qr interference vith natural watercourse oF
in any other Jay unduly affect adjoining property

 

No earthworks or tiling enall o carried out’ bn ice
bneil the leave of # Building Permit or am required by
the Building Surveyor.

 

Stormvathr, including “that ; from the roofed and paved
areas to bo piped to Council's extating drainage syaten
at. the developer's expense to. the a

Fequirenance of Counéil"e Building Surveyor.

 

 

An Adentitication ourvey of the subject site is to be
carried out by & Licensed Gurveyor and is to be
Sumitted to, Council at the tine of foundation
Inspection by Council's Building Surveyor or immediately
thereafter. Suen survey enall set out the boundaries of
the site and the position of the buildings on the ait.

 

 

‘tne applicant shell cause minimia discurbance to nacural
flora and shall only remove that vegetation vnich vould
inpede building operations. Where practicable,
Eevegetation of the site is to be carried out following
coupletion of building activity.

Landscaping enall be aacabitsned and saincained “tn
accordance with a landaceping plan approved by Council.
Sach plan shall” be prepared in accordance with the
Provisions of the Noows Design Manual.


[Attachment: image5.png (image text)]
 

 

tateer Hezlroy 4

22. No aignage 48 approved aa part of thie consent. Purther

pplication to Council 1s required for: signage prior ©.
Grection end regard shall be given-to the oogs Design
Manual in preparing auch an application.

23. ALL ote enae form part of this application shall be
Amalgamated in title prior to the isaue of « Building
Peratt or ao required by the Bullding, Surveyor.

 

24. Location points for mail delivery shall be to the
Fequirenonts of Australia Post.

25. No vehicular accase ehall be gained to the site fron
Meetings street. ‘This shall particularly apply during
construction stage:

26. The develope: “shall abate sufficient detail vnen
Tequtred by the shire Engineer or Butlding Gurveyor, to

+ Indicate that the existing access easement rights

fenociated vith adjacent “development have been

Gecietactortly altered of arrangements made.

 

 

 

 

ke ps adieation of + Jo notee aerip ¢ronetng ia

28. ‘The developer shall Gonscruct «

 

sevice road acro

Noosa Parade frontage of the site to the standards and
Tequirerents of the Sire ehginoer.

 

Such vorks shall “involve the conscruction of kerb and
Channel. and associated drainage to a bitumen surfaced
pevement.

 

‘ne dewign of auch works enall be prepared by a
fegtatered Civil engineer and shall be eubaitted to tho
Shire Engineer prior to construction comencing. The
Registered civil. Engineer shall coreify that the works
fave ‘been conateucted in accordance with the approved
plans.

29. The developer shell carry ove footpath anc Landscaping
Tuprovenente: to the Hastings Streat frontages to the
standards and requiresents of che sire Engineer.

 

30+ Access for construction purposes shall be carried out in
Accordance wien the requizemenes of che Shire Engineer.

 


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Letter Meelroy 5

a.

cn

ae.

 

as.

‘The eamtern edges of the car parking lavelo snail be
screcned or vatled and euitably landacaped to crate
fhe .Sifect of Lighee, nolae and funn to the aljoteiee
Featdential unite. A
The, building and car parking setback fron the boundary
vith Lot 2 on RP. 153305 ohall be 1-5 matress proweaed
tac) with “the “written consent of the resietaced
proprietor of auch Lot 2 the building and car neck wente
be permitted to'adjoin aucn boundary:

 

The storage of Flamable or combustible Liquide in
exces of tho minimus atorages allowed comet se
Hlamaablo and Combustible ziguida’ Regulations “oo
Prohibited until a licence i obtained fos Cometl ie
Wealth Deparuaene. This Licence 1e subject to renewal
fetch yoar.

 

 

hoy Preaiaey, intended co be used for the preparation,
production, deoraga or ealg_of.food requires. approval, by
Councii'a ‘Healtn Department. two coples of arafeamey,
Gsavn plans shall be aubaitted to how ceuplisnce wich
Councti‘s | Cote governing Food. Bacablishnenea “and
approval obtained pring to fitting out the building.

 

 

Any premises to be used aa a cafe ahall be licensed
annually aa a cafe under the Food lygione negulactons
1986 and tne occupier shall obtain an annual license co
eli food tn accordance with those Regulations

 

 

 

any Cafe promises must ba lintted to # seating capacity
of 19 seats “or alternatively be provided with public
toilet facilities separate from staff collet facilities
and provided ‘and installed in accordance vith Council's
Policy adopted 16en October, 1985.

 

 

Adequate fact1itien shall be provided in accordance with
the Provieions of the Refuse Hanagement Reguiations 1903

for the storage and collection of Refane te ‘the

saciefaction of Council's Health Gurveyor,

 

 


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Letter Noziroy ‘ .

38+ Provide an" Anperviously paved area suitably drained to
Bhe eatiafaction of the Local Authority esos ani Ce
sand all refuge containers and @ auiteble hove Cost ane
hose in the vicinity of gucn atand or such eaea ane
with a suitable encloaire to enclose he aseet
container areas to, the matiefaction of tha neitee
Surveyor.

You Are also advised chat ‘council in supporting emia

application | acknovledgea the following apesnah
eharacteristica of the proposal:

1+) There will be a substantial under-uetlieation of the
Potential groga floor area usage,

2. h substantial public car parking tacilicy vill be
Sonatructed in the Hascinga Street precinct,

 

3+ The Dattding, height will noe exceed two ecoreya,

Venicte acc

 

As not from mivtinge street.

Two existing access in wastinge street vill be closed.

 

‘The aite adjoins an approved international notel site of
some “200 rooms with a retail component of aix oF 1
nop:

 

 

7+ Tho _cenanting approach proposed by the applicant wnton
ia aimed at ensuring the facilities provided will
Gtrectly support the tourior and noliday nature of the

 

 

Nancinge street precinct.

8. The ows of existing residential usage anounes to 16
novel unite,

+ In che opinion of councii, the project “will be of

 

Donefie to the Haacings stredt precince.

Gmelveed for your use are exeracta of the Local Government
AcE which outline appeal rights againat Council's decieton.

 

Iclosed for youruse are the names and addres
objectors againet your propomal.

joe of alt

 

Yours faientully,

Ra

baa. mirpoe,
Sirke’ cuz

 


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town Planning Dept
Rijn Gpemtetentbeor
18¢/63 /nomin)

 

26th June, 1987

Me. L.c. McElroy,
e/ Noga leads Rewsagency,

 

 

bear sir,

Re: Amended Condition regarding access for’ TPC 1816

with reference to your application to asend condition 25 of the approval
for TC 1816, 1 wich to advise that the matter var considered by Councii at
ite Ordinary Meeting on the 16th June, 1987.

council resolved to vary condition 25 to read as follows:~

 

genattton 25

No vehicular access shalt be gained to the site from Hastings Street,
following construction. During construction, Coune{l shall permit a
naxigun of 2 vehicles per day to enter the eite from Hastings Street
Recess fer a greater munber of vehicles may be permitted at specific times
Sf approved by the Shire Engincer. ,

 

 

 

‘The beveloper shall Smmediately repair any daaage caused to the footpath.
and road or clean any spillage or building debris fron the street os a
Eeauit of such access being gained.

 

No construction vehicles will be permitted to park 4n Hastings street and
vehicles will, at all times, discharge their loads froa within the cite.

Yours fattneurny

Ba. Phtlpst py,


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\

[ADOPTED AT AN ORDINARY MEETING OF COUNCIL HELD ON 21ST JULY, 1987 ‘FOLIO NO.

PAGE NUGER 36

 

TPC 1816 = L.C. MeBi ro:

Crs. Menkens/Macklin Council agree to modify TPC 1816 - 1..C. McElroy
for a shopping centre of mixed uses in Hastings Street and Noose
Parade, Noosa Heads and that plans No. WO3/1" ~ WO1/14 (showing,
approved uses highlighted in red) and WD'/14D, wO2/MI (Car Pack
Layout) be the approved plans.
Carried.
(File No, #Pe-3816~ sP)

196/55 /Abean