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Decision Notice - Council Meeting Decision MCU23 0096 [As Published] · MCU23/0096
Officer: Nadine Gorton
Direct Telephone: 07 53296215
Our Reference: MCU23/0096
Your Reference: 12332
24 October 2024
Good Shepherd Lutheran College
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 October 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU23/0096
Street address: 115 Eumundi Noosa Rd Noosaville Qld 4566
Real property description: Lot 115 SP 313502
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval has been issued:
• Material Change of Use - Educational Establishment (Extension to Existing Performing
Arts Building)
• Preliminary Approval – Educational Establishment in accordance with a Master Plan
3. CURRENCY PERIOD OF APPROVAL
The Currency Period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 17 October 2030
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
SK-02 DA11 College Master Plan prepared by Burling 15.05.2024
Brown
SK-03 DA12 Site Plan prepared by Burling Brown 15.05.2024
SK-04 DA12 Ground Floor Plan prepared by Burling 15.05.2024
Brown
SK-05 DA12 Upper Floor Plan prepared by Burling 15.05.2024
Brown
SK-06 DA4 Roof Plan prepared by Burling Brown 15.05.2024
SK-07 DA11 Elevations Sheet 1 prepared by Burling 15.05.2024
Brown
SK-08 DA11 Elevations Sheet 2 prepared by Burling 15.05.2024
Brown
SK-09 DA11 Sections prepared by Burling Brown 15.05.2024
SK-10 DA8 Long Section prepared by Burling Brown 15.05.2024
Nature and Extent of Approved Use
4. The development approval includes 2 stages as detailed on Site Plan SK-03 issue DA11
prepared by Burling Brown and dated 15.05.2024:
i. Stage 1 - Construction of performing art centre
ii. Stage 2 - The part demolition of the existing classroom and the construction of Car
Park P2 is to be completed within 12 months of the construction of the Performing
Arts Centre. Construction of stage 2 - carpark
Building Height
5. The maximum height of the development must not exceed 10.64 metres above the
ground level and 11 metres from the excavated levels as detailed on the approved plans.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the building does not exceed the maximum height requirement of this
Decision Notice.
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Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, 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 on performance of the conditions of approval
less any costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Amenity
8. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
Building Appearance
9. External design features, materials and finishes must be as shown on the Approved
Plans, with no inclusions or alterations made without approval in writing by Council.
10. External finishes of the building must be a mix of lightweight and textured external
finishes, with masonry areas incorporating a variety of textured finishes to break up the
surface.
11. External colours and finishes must be of an understated colour scheme and low-
reflective roofing and cladding materials. A colour scheme is to be provided to the
Manager of Planning prior to issue of Operational Works demonstrating greater variation
in the grey colour palette for the site. Deeper colours are to be included in the colour
scheme.
12. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
13. Waste storage areas and external storage areas must be screened from view of the
street.
14. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, travelators, lifts, foyers and public toilets must be well lit with vandal resistant
lighting and with intensities to satisfy the requirements of Australian Standard AS1158
“Public Lighting Code”. Lighting must be designed to reduce the contrast between
shadows and well lit areas.
Landscaping Works
15. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. detailed landscape plans undertaken by a suitably qualified landscape architect
generally in accordance with the landscape areas shown on the Approved Plans.
b. Substitution of the Livistona australis with a suitable tall tree species such as
Corymbia tessellaris, Lophostemon confertus, Eucalyptus tereticornis, or
Backhousia citriodora
c. Incorporation of additional trees within the garden bed behind the existing bus
pickup / Drop off zone, capable of growing to a minimum 8-10 metres tall.
16. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
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Car Parking
17. A minimum of 298 car parking spaces must be provided on site and made available and
accessible at all times. Car Park P2 is to provide 81 short-term parking spaces, with 16
spaces being available for drop-off and pick-up with queuing for a minimum of 8 spaces.
Vehicle manoeuvring areas are provided on site in accordance with the Australian
Standards for Off-street car parking so vehicles enter and leave the site in a forward
gear.
18. 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.
19. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
Stormwater Drainage
20. The development area must be connected to the existing on site stormwater system and
constructed in accordance with the submitted Stormwater Management Plan prepared
by Colliers - reference 21-0211SMP01V1 dated 27 February 2023. The works must be
undertaken in accordance with an Operational Works approval.
Construction Management
21. The demolition and construction activities must not adversely impact on the local road
network. Any changes to the existing local traffic management must be approved by
Council prior to the installation of any changes.
22. A preliminary Construction Management Plan must be submitted to and approved by
Council prior to the issue of any Building or Operational Works approval. The plan must
address the following:
a. traffic management during all aspects of the construction phase including:
i. 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
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the
development
iv. provision for worker car parking on site
v. materials delivery
b. maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, emergency
services and local businesses to advise of agreed construction times, impacts on
traffic, services and other relevant issues.
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. 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.
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g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the haulage route, type of vehicle to be utilised during construction
activities and frequency of usage. NB any damage to the existing road system as
a result of haulage operations must be fully repaired at the applicant’s expense
Easements
23. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
24. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
25. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
26. All earthworks and associated retaining structure/batters must be contained entirely
within the subject site unless written permission from the respective landowner(s) is
provided to Council. All earthworks must be undertaken in accordance with the
provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial
and Residential Developments.
Damage to Services and Assets
27. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Preliminary Approval for an Educational Establishment in accordance with a Master
Plan
PLANNING
Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Master Plan listed in the table below.
Plan No. Rev. Plan/Document Name Date
SK02 DA11 College Masterplan prepared by Burling 15.05.2024
Brown
Nature and Extent of Approved Use
2. The total number of enrolled students for the educational establishment must not exceed
1150 and the number of equivalent full-time staff must not exceed 150.
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3. On or around 31 January each year, an accurate statement of student enrolment
numbers for the forthcoming year must be provided to Council. The statement must be
certified in writing by the school principal.
Carparking
4. A minimum of 298 car parking spaces must be provided on site and made available and
accessible at all times. Car Park P2 is to provide 81 short-term parking spaces, with 16
spaces being available for drop-off and pick-up with queuing for a minimum of 8 spaces.
Vehicle manoeuvring areas are provided on site in accordance with the Australian
Standards for Off-street car parking so vehicles enter and leave the site in a forward
gear.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Advice Energex Limited Town Schedule 10, Part 9, The agency
Planning GPO Box Division 2, Table 2 – provided its
1461 BRISBANE QLD Material Change of Use response on 14
4001 of Premises near a August 2023.
Substation site or subject (Reference No.
to an easement 13800454-
138500463). A
copy of the
response is
attached
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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
2. 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
3. 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.
Private Infrastructure
4. All private infrastructure for the development must be designed to meet the planning
scheme requirements unless otherwise agreed by the relevant authority.
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Qualified Person
5. For the purpose of preparing a Landscape Plan, a qualified person is considered to be
a landscape architect, landscape designer and/or horticulturist with a minimum of 3
years current experience in the field of landscape design.
Infrastructure Charges
6. 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. For further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
7. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
LC-03 DA2 Concept – Performing Arts Centre, prepared by, 18/3/2024
Burlingbrown
LC-04 DA2 Concept – Carpark, prepared by Burlingbrown 18/3/2024
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Stormwater, Carparking, Landscaping
Works
Development Permit for Building Works All building works
11. SUBMISSIONS
Not applicable.
12. 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.
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13. 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,
Nadine Gorton
Coordinator Planning
Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Energex
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note –See the P&E Court Act for the court’s power to extend the appeal decision includes-
period.
(a) conduct engaged in for the purpose of making a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
(b) other conduct that relates to the making of a decision; and
in the appeal.
(c) the making of a decision or failure to make a decision; and
(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 (d) a purported decision; and
withdraw from the appeal.
(e) a deemed refusal.
(6) To remove any doubt. It is declared that an appeal against an
non-appealable, for a decision or matter, means the decision or
infrastructure charges notice must not be about-
matter-
(a) the adopted charge itself; or
(a) is final and conclusive; and
(b) for a decision about an offset or refund-
(b) may not be challenged, appealed against, reviewed, quashed,
(i) the establishment cost of trunk infrastructure identified in set aside or called into question in any other way under the
a LGIP; or Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method
included in the local government’s charges resolution. (c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
230 Notice of appeal
on any ground.
(1) An appellant starts an appeal by lodging, with the registrar of the
232 Rules of the P&E Court
tribunal or P&E Court, a notice of appeal that-
(1) A person who is appealing to the P&E Court must comply with the
(a) is in the approved form; and
rules of the court that apply to the appeal.
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee. (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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