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Decision Notice MCU14-0063 · MCU14/0063
Officer: Glen Conforti
Direct Telephone: 5329 6241
Fax: 5329 6501
Our Reference: GCONFORTI:MCU14/0063
Your Reference: 01620 LO3 NG
20 October 2014
Mrs S Speed & Vabuket Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 October 2014, Council decided to
approve the application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU14/0063
Street Address: 28A Hastings St NOOSA HEADS QLD 4567
Real Property Description: Lot 1 RP 88085
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Retail Business
Type 2 - Shop & Salon
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
When conditions must be Complied With
1. 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.
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Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plan of development. The approved plan is listed in the following
table unless otherwise amended by these conditions.
Plan No. Rev. Plan, prepared by Date
E01 Existing Floor Plan & Front Elevation, prepared 22/07/2014
by Soul Space Building Design
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of:
a. 7am to 9pm - 7 days per week
The requirements of this condition must be included in the Community
Management Statement for any body corporate for the subject site.
4. Service vehicle movements associated with the approved use (including loading
and unloading) must not occur outside the hours of 6am to 7pm.
The requirements of this condition must be included in the Community
Management Statement for any body corporate for the subject site.
Building Appearance
5. All air conditioning units or other mechanical equipment must be located at ground
level, or otherwise fully enclosed or screened such that they are not visible from
the street frontages or from adjoining properties.
Community Management Statement
6. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the
Building Format Plan (or similar) to Council for compliance assessment.
7. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
5. REFERRAL AGENCIES
Not Applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
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MCU14/0063
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
(ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable
measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an
offence to fail to comply with the duty of care. Substantial monetary penalties may
apply to individuals or corporations breaching this duty of care. Injunctions may
also be issued by the Land and Resources Tribunal, and the Minister administering
the ACH Act can also issue stop orders for an activity that is harming or is likely to
harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to
discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance
with the requirements of the National Construction Code - Building Code of
Australia (Volume 1) as they relate to people with disabilities. Your attention is
also directed to the fact that in addition to the requirements of the National
Construction Code as they relate to people with disabilities, one or more of the
following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. This Development Permit will not trigger an “Adopted Infrastructure Charge Notice”
to be issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges) and
the Sustainable Planning Act 2009.
7. PROPERTY NOTES
Not Applicable.
8. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Work (All Building Works)
10. SELF ASSESSABLE CODES
Not Applicable.
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11. SUBMISSIONS
There were no submissions about the application.
12. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
13. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again
from the start the day after you receive a “negotiated decision notice”.
14. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at the Council Office.
Yours faithfully
GLEN CONFORTI
DEVELOPMENT PLANNER
Enc: Approved Plans/Documents
Appeal Rights
cc Unitywater
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning notice or negotiated decision notice is given to the
Act 2009 (Chapter 7). submitter.
MATERIAL CHANGE OF USE, RECONFIGURING A 463 Additional and extended appeal rights for
LOT & OPERATIONAL WORKS submitters for particular development
applications
Division 8 Appeals to court relating to (1) This section applies to a development application to
development applications and which chapter 9, part 7 applies.
approvals (2) A submitter of a properly made submission for the
application may appeal to the court about a referral
461 Appeals by applicants agency’s response made by a prescribed
(1) An applicant for a development application may concurrence agency for the application.
appeal to the court against any of the following— (3) However, the submitter may only appeal against a
(a) the refusal, or the refusal in part, of the referral agency’s response to the extent it relates
development application; to—
(b) any condition of a development approval, (a) if the prescribed concurrence agency is the
another matter stated in a development chief executive (environment)—development for
approval and the identification or inclusion of an aquacultural ERA; or
a code under section 242; (b) if the prescribed concurrence agency is the
(c) the decision to give a preliminary approval chief executive (fisheries)—development that
when a development permit was applied for; is—
(d) the length of a period mentioned in section (i) a material change of use of premises for
341; aquaculture; or
(e) a deemed refusal of the development (ii) operational work that is the removal,
application. damage or destruction of a marine plant.
(2) An appeal under subsection (1)(a), (b), (c) or (d) (4) Despite section 462(1), the submitter may appeal
must be started within 20 business days (the against the following matters for the application even
applicant’s appeal period) after— if the matters relate to code assessment—
(a) if a decision notice or negotiated decision (a) a decision about a matter mentioned in section
notice is given—the day the decision notice 462(2) if it is a decision of the chief executive
or negotiated decision notice is given to the (fisheries);
applicant; or (b) a referral agency’s response mentioned in
(b) otherwise—the day a decision notice was subsection (2).
required to be given to the applicant.
(3) An appeal under subsection (1)(e) may be started 464 Appeals by advice agency submitters
at any time after the last day a decision on the (1) Subsection (2) applies if an advice agency, in its
matter should have been made. response for an application, told the assessment
manager to treat the response as a properly made
462 Appeals by submitters—general submission.
(1) A submitter for a development application may (2) The advice agency may, within the limits of its
appeal to the court only against— jurisdiction, appeal to the court about—
(a) the part of the approval relating to the (a) any part of the approval relating to the
assessment manager’s decision about any assessment manager’s decision about any part
part of the application requiring impact of the application requiring impact assessment
assessment under section 314; or under section 314; or
(b) the part of the approval relating to the (b) any part of the approval relating to the
assessment manager’s decision under assessment manager’s decision under section
section 327. 327.
(2) To the extent an appeal may be made under (3) The appeal must be started within 20 business days
subsection (1), the appeal may be against 1 or after the day the decision notice or negotiated
more of the following— decision notice is given to the advice agency as a
(a) the giving of a development approval; submitter.
(b) any provision of the approval including— (4) However, if the advice agency has given the
(i) a condition of, or lack of condition for, assessment manager a notice under section
the approval; or 339(1)(b)(ii), the advice agency may not appeal the
(ii) the length of a period mentioned in decision.
section 341 for the approval.
(3) However, a submitter may not appeal if the 465 Appeals about decisions relating to extensions
submitter— for approvals
(a) withdraws the submission before the (1) For a development approval given for a development
application is decided; or application, a person to whom a notice is given under
(b) has given the assessment manager a notice section 389, other than a notice for a decision under
under section 339(1)(b)(ii). section 386(2), may appeal to the court against the
(4) The appeal must be started within 20 business days decision in the notice.
(the submitter’s appeal period) after the decision
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(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 under
section 383 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.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 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.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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