Negotiated Decision Notice MCU18 0142 · MCU18/0142

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	MCU18/0142 : JELDER
Your Reference:	n/a
21 November 2018
Bare Bones Movement Pilates Pty Ltd ATF Loke Family Trust
C/- RG Strategic
PO Box 1818
NOOSA HEADS  QLD  4567

[email protected]
Dear Sir,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 18 October 2018, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 18 October 2018.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU18/0142
Street address:	2 Lanyana Way Noosa Heads Qld 4567
Real property description:	Lot 12 RP 129285
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 18 October 2018, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness)
In relation to representations, Council on 21 November 2018 decided to:
Agree to amend condition 6.
Delete condition 7
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.

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
A.200	-	Proposed Floor Plan, drawn by Zest Design Noosa	-
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Operating Hours and Class Times
The approved use must not operate outside the hours of 5:30am to 8:00pm Monday to Sunday.
Group classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Maximum Clients and Staff
The maximum number of clients and staff per class must not exceed 18.
Deleted.
Noise
Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
Any advertising sign or device must comply with Council’s policies on advertising.
referral agencies
Not applicable.
Advisory notes
Not applicable.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Tenancy 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,

Billy Glover
Development Planner

Enc:	Appeal Rights
cc.	Unitywater

	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
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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
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ee) NOOSA COUNCIL