51981.3461.04 -Change to an Existing Approval

Officer:	Glen Conforti
Direct Telephone:	07 53296241
Our Reference:	51981.3461.04
Your Reference:	N/A
9 February 2016

Noosa Building Certifiers
PO Box 914
TEWANTIN  QLD  4565

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 8 February 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	51981.3461.04
Street Address:	141 Cooroy Noosa Road Tewantin Qld 4565
Real Property Description:	Lot 230 MCH 4114
Planning Scheme:	The Noosa Plan
Decision details

Council on 1 October 1981 decided to issue the following type of approval:
Development Permit for Mobile Home and Camping/Tourist Park, Service Station and Restaurant Facilities and Ancillary Building

In relation to a request to make a change to the existing approval, Council on 3 May 1990 decided to:
A.	Approve a change to condition 19.

In relation to a request to make a change to the existing approval, Council on 18 March 2009 decided to:
A.	Approve a change to the Approved Plans

In relation to a request to make a change to the existing approval, Council on 20 January 2014 decided to:
Approve a change to the Approved Plans.
Include Advisory Note 1.

In relation to a request to make a change to the existing approval, Council on 8 February 2016 decided to:
A.	Approve a change to condition 1

relevant period of approval

The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 1 October 1981, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

To be read in conjunction with previous approvals.

1.	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 / Document No.	Rev.	Plan / Document Name	Date
080716-01 Sheet 01 of 06	03	Site Plan – Design Drafting	5 December 2008
080716-04 Sheet 04 of 06	03	Existing Floor Plan – Design Drafting	5 December 2008
080716-05 Sheet 05 of 06	03	Proposed Floor Plan – Design Drafting	5 December 2008
080716-08 Sheet 08 of 06	03	Elevations – Design Drafting	5 December 2008
080716-09 Sheet 09 of 06	03	Elevations – Design Drafting	5 December 2008
3	-	Overall Site Plan – Asset Cabins and Homes	5 November 2013
4	-	Detail Site Plan – Asset Cabins and Homes	5 November 2013
1	-	Concept 3D – Asset Cabins and Homes	5 November 2013
		Active Holidays BIG 4 Noosa Site Plan, prepared by Big 4 Holiday parks	8 Feb 2016
15-0948-F2	B	Structural Details, prepared by Lindsay Consulting	10/2015
15-0948-F1	B	Plan View, prepared by Lindsay Consulting	10/2015

referral agency conditions

Not Applicable

advisory notes

The following Advisory Notes are for information purposes only and do not form conditions of approval:

A development permit for building works may trigger an adopted infrastructure charge as applicable under Council’s Adopted Infrastructure Charges Resolution as governed by the State Planning Regulatory Provision (adopted charges) and Sustainable Planning Act 2009.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia – (Volume One) 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 National Construction Code 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)
The Anti-Discrimination Act 1991 (Queensland)
The Disability (Access to Premises – Buildings) Standards

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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 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

Not Applicable

reasons / grounds for approval

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 Original Decision Notice (1 October 1981) Changes to an Existing Approval (8 May 1990), with an amendment to Condition 19 Changes to an Existing Approval (18 March 2009), with amendments to the Approved Plans Changes to an Existing Approval (20 January 2014), with amendments to the Approved Plans Changes to an Existing Approval (8 February 2016) with amendment to Condition 1

Yours faithfully

Glen Conforti
Development Planner

Encl. 	Approved Plans/Documents
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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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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