MCU10/2022 APPROVED Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07) 5449 5266
Fax:	(07) 5475 7277
Response Address:	Locked Bag 72, SCMC 4560
Our Reference:	JL013:AE:MCU10/2022
Your Reference:

12 October 2010

Ms K M Hobson
PO Box 850
TEWANTIN  QLD  4565

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 8 October 2010 Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	MCU10/2022
Street Address:	247-251 Gympie Tce NOOSAVILLE  QLD  4566
Real Property Description:	Lot 11 SP 146048
Planning Scheme:	The Noosa Plan (11 May 2009)

2.	DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Commercial Business Type 1 - Real Estate Office)
3.	RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this development approval takes effect. (Refer to Section 341 “When approval lapses if development not started” of the Sustainable Planning Act 2009.)

4.	ASSESSMENT MANAGER CONDITIONS
This development approval is subject to compliance with the following assessment manager conditions:
Planning Assessment
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
6095 - LS -1
Plan For Lease Purposes – Lawrence and Partners	30/07/03

Site Plan “Annexure B”

General
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.
Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 8 October 2014, unless an application to extend the relevant period is approved by Council.
Advertising Signage
Any advertising sign or device is to comply with Council's policies on advertising and all signage must not exceed 4m2 sign face areas.
Building Design
The office front shall include a minimum of 50% transparent glazing. Advertising within the front glazing area shall include only the agency’s property listings.
The tenancy shall include disabled access in accordance with the Building Code of Australia.
Flooding Risk
The area is within a flood hazard area subject to minimum floor heights.  Any hazardous materials or equipment must be stored above the required minimum floor height for the location.
Infrastructure Contributions
The applicant must pay contributions towards trunk infrastructure in accordance with the following Planning Scheme Policies and Council Policies:
(a)	Planning Scheme Policy 12 – Public Open Space Contributions;
(b)	Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c)	Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d)	Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e)	Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f)	Council Policy – Rural Roadworks Contributions;
(g)	Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the commencement of use, for reconfiguring a lot approval contributions must be paid prior to Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the Planning Scheme Policies and variations due to indexation current at the time of payment.

REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
Material Change of Use – Land in or near a wetland	Advice	Department of Environment and Resource Management	Administration Officer
Implementation & Support Unit
PO Box 15155
CITY EAST  QLD  4002
A copy of any referral agency advice is attached.
PLANS / DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following tables:
APPROVED PLANS

Plan No.	Rev.	Plan / Document Name	Date
6095 - LS -1
Plan For Lease Purposes – Lawrence and Partners	30/07/03

Site Plan “Annexure B”

ADVISORY NOTES
These Advisory Notes do not form part of this approval or the conditions attached thereto.  The following Advisory Notes are intended to provide guidance to the applicant where necessary and inform the applicant of actions that Council may take with respect to the development site or the approval:
Infrastructure Contributions and Infrastructure Charge
1.	An advice notice outlining the estimated infrastructure contributions payable and the basis for their calculation under the current Planning Scheme Policies and Council Policies is attached with this Development Permit.
2.	For properties located in the catchment area for the “Coastal Major Road Network Infrastructure Charges Plan”, this development permit may trigger an Infrastructure Charge (if applicable) to be issued in accordance with the Infrastructure Charges Plan and the Sustainable Planning Act 2009.
3.	Please contact Council's Infrastructure Charges Officer (email: [email protected]) a minimum of 5 business days prior to payment of the infrastructure contributions and/or charge notice so a payment advice detailing the amounts applicable at the time of payment may be issued to accompany the payment.
Payment of infrastructure contributions and/or infrastructure charge notices will not be accepted by credit card transaction.

Equitable Access And Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)

Sunshine Coast Regional 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 AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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.
PROPERTY RECORD NOTATIONS
Not Applicable
PRELIMINARY APPROVAL OVERRIDING SCHEME
Not Applicable
FURTHER DEVELOPMENT PERMITS REQUIRED
Nil
APPLICABLE CODES
The applicant must comply with the following codes for self-assessable development related to this development approval:
Advertising Devices Code
SUBMISSIONS
The application was publicly notified in accordance with requirements of the Sustainable Planning Act 2009, with no submissions made during the notification period.
REASONS FOR APPROVAL DESPITE CONFLICTS IN ACCORDANCE WITH S3.5.15(2)
The assessment manager considers the decision conflicts with the following applicable codes:
Conflict with applicable code	Reasons for the decision, including a statement of the sufficient grounds to justify the decision despite the conflict
Noosaville Locality Code	The real estate agency has operated from the site for the last 29 years and provides an accommodation service to visitors.
The use will not adversely impact on the residential amenity or tourism function of the Visitor Mix Use Zone.

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”.  (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully

Tracy Jones
Senior Planning Officer

Enc:	Appeal Rights
	Approved Plans/Documents
Infrastructure Contributions Advice Notice
Referral Agency Response

	Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), 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.
(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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