Minor Change Existing Approval 51989.338.01

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	51989.338.01, 51995.1473.01
Your Reference:	3006
8 September 2022
Nonad Financial Services P/L TE
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 30 May 2022, 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:	51989.338.01 & 51995.1473.01
Street address:	16, 25 & 36 Goldburg Ct Noosaville Qld
Real property description:	Lot 3 RP 223289, Lot 4 RP 223289 & Lot 5 RP 223289
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 16 November 1989 (TPC 2262) & 23 March 1995 (TPC 2811 & 00887)
Development Permit for Material Change of Use of Premises – Golf Course, Golf Shop, restaurant/Café, Manager’s Residence and Machinery Shed & Sport & Recreation (Par 3 Golf Course Extension)
In relation to the request to make a minor change to the existing approval, Council on 6 September 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional conditions – 19-28 of 51995.1473.01 (TPC 2811 & 00887) & conditions 24-39 of 51989.338.01 (TPC 2262)
Include additional Advisory Notes to 51989.338.01 (TPC 2262) & 51995.1473.01 (TPC 2811 & 00887)
currency period of approval
Not applicable
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By- laws and	Policies, and generally in accordance with plans by the Design Company dated August, 1989 and the Shire of Noosa Town Planning SchenE apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Provision of at least fifty-two ( 52) off-street car parking spaces and access thereto which are to be provided with a gravel pavement and designed, drained, constructed and maintained in accordance with the Town Planning SchenE, Council's Policies and to the reasonable satisfaction of the Shire Engineer Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscaping plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner
Prior	to the issue of a Building Approval for the proposed Clubhouse or commencement of the approved use, the Developer shall dedicate the existing access easement within the subject site as road reserve. This will also involve negotiating with the owner of Lot 2 on RP 223289 for the acquisition of the 10.0 m. wide strip of land on the western corner of	the lot to provide a minimum 20.0 m. wide road reserve. Note that the extent of the road reserve dedication is to be sufficient to provide reasonable access to the subject site existing Lot 3 on RP 223289.
The following works are to be completed to the standards and requirements of the Shire Engineer and shall require the submission of an engineering design for approval by the Shire Engineer prior to works commencing:-
the existing easement construction is to be upgraded to a minimum standard of a 6.0 m. wide bitumen seal on an 8.0 m. wide formation. Such works are to be completed prior to Council accepting dedication of the road reserve.
the existing road formation within the unnamed road reserve from Eumundi-Noosa Road to the access easement shall be upgraded by the provision of a minimum 6.0 m. wide bitumen sealed pavement.
The intersection of the unnamed road with Eumundi-Noosa Road shall be upgraded to the requirements of the Main Roads Department and the Shire Engineer.
The Main Roads Department has advised that such upgrading works shall include the provision of passing and deceleration lanes in accordance with NAASRA guidelines. Detailed engineering drawings are to be submitted for approval by the Shire Engineer and the Main Roads Department prior to the issue of a building approval. The intersection works are to be completed prior to the commencement of the approved use.
The developer shall submit for consideration by the Shire Engineer, a report on the proposed water usage for the restaurant facilities and golf course. The report shall include details of rainwater storage capacities, dam capacities and bore delivery rates.
Existing trees are to be retained, except where required to be removed due to building operations or the conduct of the approved use.	In this regard the	landscaping plans referred to above are to denote areas of	existing vegetation or existing trees proposed to be retained.
Construction work and other associated activities are permitted only	during the hours of 7. 00 am.	To 6. 00p. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
All lots that form part of this application are to be amalgamated in Title, prior to the issue of a Building Approval.
The developer shall bear the cost of ·alteration of any public utility or facilities necessitated by the development of the land or associated construction works exten1al to the site.
Disposal of septic and sullage wastes on site to the satisfaction of the Shire Engineer. Plans prepared by a Registered Hydraulics Consultant are to be submitted to and approved by Council’s Building Surveyor, prior to the issue of a Building Approval.
Stormwater is to be disposed of onsite so as to cause no scour or damage to adjoining properties to the standards and requirements of Council's Shire Engineer.
An annual license is to be obtained from Council's Health Department with respect to the storage of flammable or combustible liquids in excess of the minimum amounts permitted under the Flammable and Combustible Liquids Regulations. Application for such a license is to be made at the time of submission of an application for Building Approval.
Submission of two sets of professionally drawn scale plans in compliance with Council's Code controlling food and establishments for approval by Council's Health Surveyor, for any food premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building.
An annual licence is to be obtained under the Food Hygiene Regulations of 1976 from Council’s Health Department.
Provision of an imperviously paved area upon which to stand all refuse containers together with a suitable enclosure, if required, to enclose the refuse container area to the satisfaction of the Health Surveyor.
Provision of separate toilet facilities for patrons, in addition to staff toilet facilities, in accordance with Council's Policy of 16th October 1985.
The storage of any machinery, materials or vehicles is to be aesthetically screened so as not to be visible from any road to which it has frontage, to the reasonable satisfaction of the Shire Planner.
Submission of a cash bond or trading bank guarantee to the sum of $10,000 to secure performance or conditions, prior to the issue of Building Approval. The cash bond or trading bank guarantee may be returned to the developer upon performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the specific use granted under this approval. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this approval.
This approval may be revoked pursuant to Section 33 (16D) of the Local Government Act if substantial progress has not been made in the	erection of any building or other structures in accordance with this approval or the rights conferred by this approval are not exercised in accordance with this approval within two (2) years of the date thereof.
Additional Conditions Minor Change 6 September 2022 – Mini golf facility
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 and may be amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Noosa Hills Proposed 18 Hole Miniature Golf Course, Prepared by RCDG	26/07/22
-	-	Kiosk Floor Plan, prepared by the applicant	-
Nature and Extent of Use
The approved hours of operation of the mini golf facility are:
Sunday, Monday, Tuesday, Wednesday: 9:00am to 6:00pm
Thursday to Saturday & Public Holidays & School Holidays: 9:00am to 9:00pm
The kiosk must not be open to the general public.
Car Parking
A minimum of 25 additional car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct customers to the car parking spaces provided on site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks
All earthworks must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Landscaping
Landscaping and rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 3 Landscaping Plants and Guidelines and must include a landscaping plan, prepared by a suitably qualified person* and must include in particular:
Screening vegetation to adjacent residences to the east to provide privacy and protection from line-of-play.
details of treatments to batters, armoury, plantings, weed treatment, and rehabilitation.
a minimum maintenance period of 3 years.
a species palette and densities table incorporating the species selection of only native indigenous species.
f.	control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003
Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council (*refer to Advisory Note).
Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of AS 4282 - Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person that all lighting devices comply with the requirements of this development approval, with the certificate submitted to Council prior to commencement of the of the mini golf area.
Acoustic Amenity
The mini golf and facility (including any liquor licensed premise, club house, kiosk) and events must not involve live and/or amplified entertainment at any time, unless Council has issued an approval for the operation of a temporary entertainment event.
Background pre-recorded music (e.g. music played through a domestic stereo) that does not emit audible noise beyond the boundary of the premises at any time is permitted.
Where complaints (other than frivolous or vexatious complaints) are made to Council about noise from the approved use, Council may require the site management entity to:
Submit a Noise Impact Assessment prepared by a qualified person and/or
Undertake further noise amelioration measures or operations, install volume limiting devices or barriers and/or shield or relocate such amenities that are associated with the noised source including any mechanical plant and equipment and have such measures certified by a qualified person.
Given the close proximity to the residential dwelling any fixed plant and equipment that causes noise (e.g. air conditioning units, refrigeration units, pumps and generators, kitchen exhaust units), must be enclosed, shielded and/or positioned to ensure that the following sound pressure levels for a noise sensitive land use is achieved:
Location where criteria applies at a noise sensitive land use	Adjusted equivalent continuous sound pressure level (LAeq,adj,T) to be achieved during the day, evening and night time periods	Maximum sound pressure level (LAmax) to be achieved during the night time period
	Day 7am-6pm LAeq,adj,11hr	Evening 6pm-10pm LAeq,adj,4hr	Night 10pm-7am LAeq,adj,9hr	Night 10pm-7am
@3m from noise source	50 dB(A)	50 dB(A)	N/A	N/A
Note: Measurements must be in accordance with AS 1055.1 - Acoustics - Description and measurement of environmental noise - General procedures. Measurements must be adjusted for tonality and impulsiveness where required, where attenuation is applied for inside to outside calculations, a maximum of 5 dB(A) only is to be applied (i.e. assumed windows fully open or open plan kiosk ) .
referral agencies
Not applicable
advisory notes
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe vehicle and pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any impacts on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
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.
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	All building work.
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
Infrastructure Charge Notice
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 16 November 1989 (TPC2622)
Original Decision Notice – 23 March 1995 (TPC 2811 & 00887)
Decision Notice - Minor 51989.338.01 & 51995.1473.01 – include additional conditions 19-28 (TPC2811 & 00887), additional conditions 24-39 (TPC 2262); include additional Advisory Notes

	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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ee) NOOSA COUNCIL