Negotiated Decision Notice MCU17 0546

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU17/0546 : LPIENAAR
Your Reference:	2281
20 July 2018
All Star Metal Fab
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 19 July 2018, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 17 May 2018.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU17/0546
Street address:	54 Boronia Rd Cootharaba Qld 4565
Real property description:	Lot 13 SP 116696
Planning Scheme:	The Noosa Plan (3 July 2017)
decision details
Council on 17 May 2018, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Home Based Business Type 3 Significant Scale)
In relation to representations, Council on 19 July 2018 decided to:
Agree to delete Condition 20
Amend Condition 21
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.

assessment manager conditions
Approved Plans
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 unless otherwise amended by these conditions.
Plan No.	Plan/Document Name	Date
D-01	Site Plan, Martoo Consulting	1 November 2017
Nature and Extent of Approved Use
2.	The business use must not exceed a floor area of 360m2. In addition to this area, any outdoor parking of trailers must not exceed 2 at any one time.
3.	A maximum of 2 deliveries per month is allowed.
4.	The approved use must not operate outside the hours of 7.30am- 5.00pm Monday to Friday and 8.00am to 1.00pm on Saturdays. The use must not operate on public holidays.
Site Access and Carparking
5.	A sealed access driveway must be provided from Boronia Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in accordance with Council’s standard drawing RS-056.
6.	A minimum of 6 car parking spaces must be provided on the site and accessible at all times while the use is open for business. The works must be in accordance with an Operational Works approval and include in particular a carparking area constructed with an all-weather surface.
7.	The carparking area must be designed and constructed such that all vehicles can enter and exit the site in a forward gear.
8.	All car parking areas and access driveways must be maintained:
a.	to ensure the carparking area is accessible in wet weather
b.	to ensure that no loose material is carried from the site on vehicles
c.	exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
9.	All fill and associated batters must be contained entirely within the subject site.
10.	Timing associated with the site works are as follows:
a.	the applicant must lodge an Operational Works application within 2 months of the date of this approval.
b.	works associated with site access and car parking must be completed within 3 months from the date of the Operational Works approval.
Service Vehicles
11.	Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
Stormwater Drainage
12.	Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.

Damage to Services and Assets
13.	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.
Bushfire Management
14.	The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
a.	the domestic take off from the tank is at or above the 5,000 litre point; and
b.	standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles
15.	The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building.
16.	A 20 metre wide asset protection zone from/around the building/s to the northern bushland must be maintained on the site which is kept free of:
a.	grass higher than 300mm
b.	large trees that have continuous or overlapping canopies with other large trees
c.	trees that overhang dwellings or structures
d.	dead branches and loose bark; and
e.	woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
17.	A legible Bushfire Evacuation Plan must be clearly visible to staff and visitors at all times.
Acoustic
18.	The open eastern end of the building must be enclosed with a permanent wall to the existing shed within 2 months of the date of approval.
19.	Noise associated with the activity measured at the nearest residential boundary, must not be —
a.	for noise that is continuous noise measured by LA90,T—more than nil dB(A) greater than the existing acoustic environment measured by LA90,T; or
b.	for noise that varies over time measured by LAeq,adj,T—more than 5dB(A) greater than the existing acoustic environment measured by LA90,T.
20.	Delete
21.	The compressor must not be audible:
a.	before 8.00am and after 5.00pm Monday to Friday, before 8.00am and after 1pm on Saturdays, and
b.	on Sunday and Public Holidays.
Waste
22.	Waste storage areas must be sited and designed so as to not detract from the visual amenity of the streetscape.
23.	Waste storage areas allow for the separate storage of different waste materials for reuse or recycling by:
a.	providing sufficient area to store all recyclable material and recycling containers required; and
b.	sign posting the types of waste stored.
24.	Waste collection and/or delivery vehicles associated with the activity are to comply with the following –
a.	Limited to between 7:00am to 6:00pm Monday to Friday.
b.	All reasonable measures are taken to minimise noise emissions.
c.	Not permitted on Saturday, Sunday or Public Holidays.
Performance Bond
25.	Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
Signage
26.	The total number of advertising signs provided on the site must not exceed 1 with a maximum sign face area of 4m2.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Nature and Extent of Approved Development
The assessment of this development was based on a proposal having a gross floor area of 360m2, as depicted on the Approved Plans.
property notes
Not applicable.
variation approval details
Not applicable.

further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Shed
Development Permit for Operational Works	Carpark & Driveway
submissions
There were 2 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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,

Kerri Coyle
Manager, Development Assessment

Enc:	List of Submitters
Appeal Rights
Approved Plans/Documents

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Vivien & Bruce Studdock	78 Callistemon Court COOTHARABA QLD 4565	[email protected]
Shirley Greig C/-P & E Law	PO Box 841 MAROOCHYDORE QLD 4558	[email protected]

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