Minor Change Existing Approval 132000.200272.3

Officer: 	Georgina Schramm
Direct Telephone: 	07 53296569
Our Reference:	132000.200272.3
Your Reference:	2022 0581
13 October 2022
Cammeray Investments Pty Ltd
C/- Pure Building Approvals
PO Box 1632
BUDERIM  QLD  4556
[email protected]
Dear Sri/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 August 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:	132000.200272.3
Street address:	48-54 Duke St Sunshine Beach Qld 4567
Real property description:	Lot 366 SP 137432
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 5 October 2000
Development Permit for Material Change of Use of Premises - Restaurants (3)
In relation to the request to make a minor change to the existing approval, Council on 10 October 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 5
Additional conditions 13-15
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Environmental Health
The developer must provide an imperviously paved area sufficient in size to accommodate all refuse and recycling containers. This area is to be aesthetically screened from any road frontage or adjoining property boundary. A suitable hosecock, hoses and approved roofed drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse container area for washing containers.
Land Development
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  All works are to be designed by a Registered Professional Engineer of Qld.  The application may combine any or all of these classes of work:-
Carparking
Site Civil Works
Roadworks
Stormwater Drainage
Carparking shall generally be in accordance with proposal plan 0011.01a by Stephen Kidd Design, dated June 2000, except as modified herein.
3.1	A total of 7 additional carpark spaces are needed to be in accordance with Council’s Planning Scheme requirements for the provision of carparking.
3.2		Proposed carpark space 13 will be required to abut the existing car park space to the south west without encroaching on this space.  This is approximately in the location of the grated pit as shown on the proposal plan.  Car park spaces shall be set out to the requirements of AS 2890.1-1993 for parallel car parking.
3.3	The width of 6.2 metres between the end of the 90 degree parking spaces (numbered 1 to 12) and the parallel car parking spaces (numbered 13 to 19) is not considered adequate, and is required to be increased by removing the existing crib retaining wall adjacent to spaces 13 to 19 and reconstructing a new retaining wall which is to be located on the boundary.
Upon constructing the new retaining wall the existing kerb shall be re-aligned to a similar alignment to that of the existing parallel car parking spaces to the south west so that the new spaces are inline with the existing spaces.
3.4	As proposed carpark space 13 will need to start further to the north east than shown on the proposal plan, the remaining spaces 14 to 19 will also need to start further to the north east.  The distance between the “relocated” proposed carpark space 19 and the kerb on the opposite side shall be upgraded for the remainder of the laneway to Bryan Street to a minimum width of 5.2 metres between kerbs to allow a reasonable width between parallel parked cars and the kerb on the opposite side.
3.5	Proposed carpark spaces 1 to 12, which abut an existing concrete block retaining wall, shall have wheel stops installed to prevent vehicles from driving into the wall.
3.6	Proposed carpark spaces 8, 9, 10 & 11 shall be clearly marked with the words “Staff Only” painted on the pavement.
3.7	The carparking area shall be designed to comply with the provisions of AS 2890.1-1993, shall be drained and the sealed pavement constructed to access road standards. Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
3.8	All carparking shall be kept maintained and line-marked in a condition fit for use.
All separate, adjoining lots that form part of this application (Lots 362 to 366 on RP 48111) shall be amalgamated into one undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey submitted for registration at the Land Titles Office.  Proof of title being issued for the amalgamated lot shall be submitted to Council prior to the issue of a Development Permit for Operational Works.
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0011.01A prepared by Stephen Kidd Design and dated June 2000 and as may be amended by these conditions and plan:
RG03, drawn by RG Strategic dated 04/09/2018
WD202, WD203, WD204 drawn by Soul Space Building Design dated 25/08/2022
A maximum of 100 patrons is approved for the outdoor dining areas associated with the three restaurants.  The area approved for outdoor dining is limited to that indicated on plan numbered 0011.01A and courtyard area shown on plan RG03, drawn by RG Strategic dated 04/09/2018.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational works. The cash bond or trading bank guarantee will be returned after twelve months on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
Additional Condition – 6 February 2019
Entertainers or speakers used to amplify noise must not be located in any outdoor, courtyard, verandah, patio, or the like of the premises.
Additional Condition – 10 October 2022
The proposed new decking, PWD lift and pedestrian ramp must be contained wholly within the lot boundaries and is not permitted to encroach within the footpath/road reserve.
All balustrading proposed for the deck and ramp must be transparent (i.e. glass).
The outdoor dining area located on the new deck must not be enclosed, roofed or the like
referral agencies
Not applicable.
advisory notes
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans.
Access to this building and the provision of sanitary facilities shall comply with the requirements of Section D Part D3 and Section F Clause F 2.4 of the Building Code of Australia.
Environmental Health
Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Officer, for any food premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building.
Plans shall detail the size of the kitchen and food storage areas in relation to seating number in accordance with Section 3 of Noosa Council’s Food Code at each premises.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Building Works	Restaurants (3)
Operational Works	Landscaping, car parking and access, frontage works, stormwater disposal, sediment and erosion controls filling of the site.
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,

Georgina Schramm
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 5 October 2000.
Decision Notice – Minor Change 132000.200272.2 – 6 February 2019 with an amendment to conditions 5 and 6 and additional conditions 12.
Decision Notice – Minor Change – 13200.200272.3 – 10 October 2022 – Amend condition 5; additional conditions 13-15

	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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