Minor Change Existing Approval 131999.982708.3

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	131999.982708.3  : JELDER
Your Reference:	n/a
7 May 2020
Coastal Building Certifications Pty Ltd
C/- Coastal Building Certifications Pty Ltd
PO Box 890
BUDERIM  QLD  4556
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 21 April 2020, 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:	131999.982708.3
Street address:	2/23 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 2 SP 137636
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 24 December 1999
Development Permit for Material Change of Use of Premises – Multiple Dwelling (3 Units) and 1 Shop
In relation to the request to make a minor change to the existing approval, Council on 1 May 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend condition 21.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (131999.982708) took effect.
assessment manager conditions
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans and the following requirements:-
Access to the shops are to comply with the requirements of the Building Code of Australia for people with disabilities.
Openings required to be protected under Clause 6, 3.2 of the Building Code of Australia in accordance with Clause C3.4 of the Building Code of Australia.
Fire hydrant to be provided on site and be designed to meet the requirements of the Building Code of Australia.
Mechanical ventilation to be provided to basement carpark.
Site coverage is not to exceed 45%.
The shop is to be no closer than 2.5 metres to the western boundary, provided a sunhood over the shop fascia can extend to a 2 metre setback line.
The shop is not to exceed a total use area of 100m².
All architectural features of louvres, glass panels and awnings as shown on the approved plans are to be included in the building plans.
Construction work and other associated activities are not permitted on Sundays, public holidays or between the hours of 6.00pm and 7.00am, provided that these hours may be modified with specific approval from the Manager of Building.
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.
Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling hairdressing premises for approval by Council’s Environmental Health Officer, for any hairdressing premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building.
The developer must provide an imperviously paved area sufficient in size to accommodate all refuse and recycling containers to the reasonable satisfaction of Council’s Environmental Health Officer. 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.
Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s Health Department in accordance with the provisions of Chapter 43 of Council’s Local Laws prior to such letting.
The swimming pool shall be licensed annually with the Council’s Health Department in accordance with the provisions of Chapter 42 of Council’s Local-Laws.
Swimming pool or spa pumps are to be located in a manner which prevents noise disturbance beyond the subject land in accordance with the Environmental Protection (Noise) Policy.
All refrigeration plant, including motors, shall be situated within the building or suitably provided with noise reduction and shall be located as to prevent disturbance beyond the subject land in accordance with the Environmental Protection (Noise) Policy.
Airconditioning units shall be located in a manner which prevents noise disturbance beyond the subject land in accordance with the Environmental Protection (Noise) Policy.
The shop is not approved as a food premises.
From the 1st January 2000, a requirement will exist to apply under the Environmental Protection Act (EPA) for an “approval” to conduct the following works:-
Land development - clearing (other than for agricultural purposes) or reclaiming land having an area of more than 20,000m²
Constructing premises or civil engineering structures - constructing or demolishing:-
residential premises (other than a class 1 or 2 building, containing not more than 2 dwelling units, or a class 10 building under the Standard Building Law) or commercial or industrial premises;
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply for such offences.
Engineering
At least 8 off-street car parking spaces and access thereto shall be provided.
At least 1 of the spaces shall be suitable for use by persons with disabilities and be signed appropriately.
The carparking spaces, access and associated manoeuvring areas shall comply with Australian Standard AS2890.1-1993 with respect to dimension and gradient for Class 3 users.
A contribution toward the provision of beach access shall be paid in accordance with Council’s Policy on Beach Access Contributions prior the issue of a Development Permit for Building Works.  The amount of the contribution shall be calculated at the rate current at the date of payment.  An estimate only of the contribution rate as of January, 2000 was $195
The footpath across the frontage of the site is to be fully paved from the kerb and channel to the property alignment and include landscaping consistent with the Hastings Street streetscape.
The pavement is to be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Any adjustments to the driveway shall be included in the extent of operational works.
Before the issue a Development Permit for Operational Works, the Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or other Council property damaged as a result of construction of the proposed development.
If any Council property or facilities (such as underground drainage, water supply and sewerage) is damaged by any person acting under a condition of this permit, through any cause whatsoever in the course of, directly or indirectly carrying out development, that person shall forthwith notify the Manager - Land Development and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land Development.
Alternatively, the Applicant may request the Council to carry out the rectification works.
In all cases, Council reserves the right to carry out rectification works in an emergency and where no reasonable attempt has been made to complete the rectification works as part of the development.
All costs incurred by Council in any rectification works shall be repaid to Council prior to the commencement of the use.
Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Hastings Street to the reasonable satisfaction of the Manager - Land Development.  A grease/oil arrestor is to be provided on site to ensure that polluted runoff does not enter Council's stormwater drainage system.  The design of the stormwater system to make provision to ensure that stormwater from Council’s drainage network does not reflux into the basement car park area.
Plans of the drainage system shall be prepared by a registered civil engineer and lodged for approval with an application for a Development Permit for Drainage Works. Work shall not commence on site without this permit.
Any person acting on this permit shall prevent erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.
A $2000 site control bond is required to be lodged prior to the issue of a Development Permit for Building Works, to ensure compliance with this condition.  It will be refunded following compliance with the conditions and satisfactory completion of all works, less any costs incurred by Council in effecting compliance with the conditions of the Permit.
Town Planning
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered TPC 01 to 06 inclusive prepared by Foster Designs Pty Ltd and dated January 1999 and as may be amended by these conditions and as amended by subsequent plans DA-01 and DA-02.
Development relating to residential Unit 3 is to be in accordance with A001 (Site plan), A101 (Unit 3 floor plans), A201 (East elevations), A202 (West elevations), A210 (3D Views – East), A211 (3D Views – West), Issue F, dated 15 April 2020 and prepared by Natani Design.
Development relating to Unit 2 (Lot 2) is to be in accordance with D01 (Existing Floor Plan), D02 (Proposed Floor Plan), D03 (Existing Western Elevation), and D04 (Proposed Western Elevation), dated 30 April 2020 and prepared by Anchor & Belle.
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.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Director of Environment & Planning.
Landscaping is to include at least 2 trees or garden beds on site within the Hastings Street setback area.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
The eight carparking spaces shall be allocated on the basis of the following:-
Multiple dwelling units - 3 spaces
Shop owner and staff - 1 space
Shop customers (during business hours) - 4 spaces.
Any Community Management Statement must specify the terms of this condition.
Approval is to be obtained from the Beach Protection Authority for buildings or other structures proposed to be located within the Coastal Management Control District.
The developer must submit security in the form of a cash bond or trading bank guarantee to the sum of $30,000 to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building works. The cash bond or trading bank guarantee will be returned 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.
Prior to the commencement of development, the developer must obtain the following Development Permits:-
Development Permit for building works;
Development Permit for plumbing and drainage works;
Development Permit for operational works of landscaping, carparking and access;
The developer must obtain all of the other Development Permits referred to above, prior to obtaining a Development Permit for building works, unless the Council agrees otherwise
referral agencies
Not Applicable
advisory notes
Not applicable.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Works.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 21 October 1999.
Negotiated Decision Notice – 24 December 1999, with an amendment to conditions 1, 13, 21, 29, 34 and delete of conditions 5, 6, 16, 17, 18, 19, 20 and 23 (Please note the numbering changed with the deletion of conditions)
Decision Notice - Minor 131999.982708.1 – 28 November 2019,  amend condition 21 – Unit 3
Decision Notice - Minor 131999.982708.2 – 29 April 2020,  amend condition 21 – Unit 3
Decision Notice - Minor 131999.982708.3 – 1 May 2020,  amend condition 21 – Unit 2

	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]	
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ee) NOOSA COUNCIL