Notice of Appeal - Altum Constructions V Noosa Shire Appeal No 2097 of 2020 · 132005.1133.13

                                                3.


      Subject Land (the Original Development Approval).             In respect of the Original
      Development Approval;


        (a)         contained condition 83 which           included the requirement for the
                    development to implement a number of additional noise attenuation
                    measures and approved operating hours of 7am to 12am; and


        (b)        a noise assessment was submitted as part of the application with the
                   assessment based on 150 patrons and an outdoor area of 150m2.


8.    The development application the subject of the development approval was impact
      assessable.


9.    A number of change applications have been approved by the Respondent including;


       (a)      on      14   May   2019   the   Respondent      approved   change   application
                   132005.1133.09 which included a condition allowing outdoor dining area
                to operate until 12am;


       (b)      by decision notice dated 18 October 2019 the Respondent approved
                change application 132005.1133.10 which;


              (i)        approved an increase in the outdoor dining area from 114m2 to
                         185m2; and


              (ii)       amended condition 83 which limited the outdoor dining rooms hours
                         of operation to 10pm and approved an annotated plan noting the
                         restriction on operating hours.


10.   On 17 December 2019 the Appellant made an application under section 78 of the
      Planning Act for a minor change to the development approval (change application).
      The change application;


       (a)      sought, amongst other things;


              0)         an amendment to condition 83 to allow the operating hours for the
                         outdoor dining area to be extended to midnight (as approved in the
                         original development approval); and