132010.529.02 Compiled Decision Notice

Officer:	Jack Lewis
Direct Telephone:	53296236
Fax:	5329 6501
Our Reference:	JLEWIS:132010.529.02
Your Reference:	01204 L13 NG
29 May 2014

Calambee Nominees Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Compiled Decision Notice
Sustainable Planning Act 2009

I refer to your request to extend the relevant period of an existing approval..  On 28 May 2014, Council decided your request.

Details of the decision are as follows:
application details
Application No:	132010.529.02
Street Address:	28 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 4 RP 123457
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 14 September 2010 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Retail business Type 2 - Shop & Salon

In relation to the request to extend the relevant period of the existing approval, Council on 28 May 2014 decided to:
A.	Approve a change to Item 3 and Condition 3 extending the relevant period for 2 years to 14 September 2016.
relevant period of approval
The relevant period for this development approval finishes on 14 September 2016.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
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 as may be amended by these conditions.
Plan No.	Plan Name	Date
0811 MCU-02	MCU Application for 28 Hastings Street (Revised) – Middap Ditchfield Pty Ltd	April 2010

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 Material Change of Use lapses if the use has not happened by 14 September 2016, unless an application to extend the currency is approved by Council.
Signage
Any advertising sign or device is to comply with Council's policies on advertising.
All goods to be displayed on site within the property boundaries and/or on the premises approved for the use.
The premises to be identified by the provision of a street number in a prominent location to ensure it is identifiable to all persons, particularly emergency services personnel.
Building Design
The shop front shall provide a minimum of 50% transparent glazing, which must not be blocked out.
Construction Management
Construction works associated with this development must not adversely impact on the traffic or the safety of the road users or the availability of existing street parking spaces during the construction phase.
A Construction Management Plan must be submitted and approved by Council prior to approval of Building Works. The Construction Management Plan shall include, but not limited to the following:
Traffic management during all aspects of the construct 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;
Mitigate any adverse impact and disturbance on the local residential area and on the traffic in the local and main roads to acceptable limits;
Define the routes for heavy vehicles on the road network;
Indicate provision for on-site and off-site parking for the required workforce;
Indicate the location of loading and unloading areas;
Indicate the location of any “holding” areas for heavy vehicles
Mitigate dust disturbance caused by vehicles and machinery movements within and outside the site;
Maintenance of safe and secure construction site both during daily construction and after daily construction has ceased, use temporary fencing where necessary;
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 program identifying key components of the works and their respective durations;
Establishment of a communication protocol with the general public, adjoining owners, local businesses and residents to advise of impacts on traffic and services and other relevant issues; and
Identification of complaint management procedures including:
Contact details for the on-site manager; and
Dispute resolution procedures
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.
Further Development Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:
Development Permit for Building Works
referral agency conditions
Not Applicable
approved plans/documents
The approved plans and / or documents for this development approval are listed in the following table:
Plan No.	Plan Name	Date
0811 MCU-02	MCU Application for 28 Hastings Street (Revised) – Middap Ditchfield Pty Ltd	April 2010
Advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
INFRASTRUCTURE CONTRIBUTIONS AND INFRASTRUCTURE CHARGE
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.
The applicant is informed that this development permit will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $20,197.00 and is subject to variations in the Consumer Price Index, All Groups Brisbane from June 2010 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the “Integrated Planning Act 1997/Chapter 8 of the Sustainable Planning Act 2009".
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.
General
The development should be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
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:
(a)	The Disability Discrimination Act 1992 (Commonwealth)
(b)	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:
(a)	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
(b)	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
(c)	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 notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for Building Works
self assessable codes
Not Applicable
submissions
There were no properly made submissions about the original application.
reasons / grounds for appoval
Not Applicable
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.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY
132010.529 - Original Decision Notice. 14 September 2010
132010.529.02– Compiled Decision Notice 28 May 2014

Yours faithfully

Jack Lewis
development planner

Encl. 	Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

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