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Decision Notice - Minor Change - MCU19 0081 02 [As Published] · MCU19/0081.02
Officer: Tara Norley
Direct Telephone: 07 5329 6414
Our Reference: MCU19/0081.02
Your Reference: 0081
29 February 2024
64 Gateway Dve Pty Ltd ATF 64 GD Trust & Body Corp
Noosaville Smart Hub CTS 55066
C/- Pivotal Perspective Pty Ltd
4/59 Mary Street
NOOSAVILLE QLD 4566
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 9 January 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU19/0081.02
Street address: Noosaville Smart Hub 64 Gateway Drive, Noosaville
Real property description: Lot 13 SP 170295
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 26 July 2021.
• Development Permit for Material Change of Use – 16 Ancillary Dwelling Units
In relation to the request to make a minor change to the existing approval, Council on 26 February
2024, decided to approve the requested changes. The changes are detailed below.
A. Approved the change;
B. Amend condition 2; and
C. Included additional condition 10.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
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.
Approved Plans
2. 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
19020 A.102 B Master Plan – Staging Plan prepared by Zest 12.06.2021
Design
19020 A.200 I Master Floor Plan prepared by Zest Design 21.09.2022
19020 A.200 B Pod A Level 1 – Floor Plan prepared by Zest 15.05.2023
Design
19020 A.201 B Pod A Level 2 – Floor Plan prepared by Zest 15.05.2023
Design
19020 A.203 B Caretakers Residences prepared by Zest Design 15.05.2023
19020 A.300 B Elevations prepared by Zest Design 15.05.2023
19020 A.301 B Elevations prepared by Zest Design 15.05.2023
19020 B.200 15 Pod B- Floor Plan prepared by Zest Design 28.09.2022
19020 B.201 15 Pod B Caretakers – Floor Plan prepared by Zest 28.09.2022
Design prepared by Zest Design
19020 B.300 15 Elevations prepared by Zest Design 28.09.2022
19020 C.200 17 Pod C – Floor Plan prepared by Zest Design 28.09.2022
19020 C.201 16 Pod C – Caretakers Plan prepared by Zest Design 28.09.2022
19020 C.300 16 Elevations prepared by Zest Design 28.09.2022
19020 D.200 11 Pod D – Floor Plan prepared by Zest Design 28.09.2022
19020 D.201 11 Pod D – Caretakers prepared by Zest Design 28.09.2022
19020 A.205 C Pod F- Floor Plan prepared by Zest Design 30.05.2019
19020 A.206 C Pod G – Floor Plan prepared by Zest Design 30.05.2019
19020 A.207 C Pod H – Floor Plan prepared by Zest Design 30.05.2019
19020 D.300 11 Elevations prepared by Zest Design 28.09.2022
19020 D.301 11 Elevations prepared by Zest Design 28.09.2022
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Nature and Extent of Approved Use
3. Each ancillary dwelling unit must not be let independently of the industrial use conducted on
the lower level and may only be occupied by the caretaker, owner or employee of the industrial
use conducted on the lower level.
4. Each ancillary dwelling unit must not be separately titled to the industrial use on the lower
level and must remain associated and ancillary to the industrial use on the lower level. The
ancillary dwelling unit is not permitted to be used for bed and breakfast accommodation
and/or short-term accommodation.
5. Each ancillary dwelling unit must not exceed the gross floor area identified on the Approved
Plans.
6. All ancillary dwelling unit windows must be double glazed.
7. Partition walls for each ancillary dwelling unit must be 180mm in width and comply with
AS/NZS 1664.1 SUPP 1:1997 together with AS/NZS 1664.1:1997 AMDT 1.
Currency Period
8. The development approval lapses if the works have not been completed and all conditions
of approval been complied with by 17 June 2027, unless an application to extend the
currency period is approved by Council.
Compliance with 132007.738.04
9. All conditions on development approval 132007.738.04 for a Development Permit for
Material Change of Use for Industrial Business Type 1 – Warehouse and Industrial Business
Type 2 – Production, Alteration, Repackaging & Repairing) must be met.
Additional Condition – 26 February 2024 (MCU19/0081.02)
10. The number of ancillary dwelling units must not exceed 16 units, with the store and office
area on the first level of units 9, 10 and 11 not permitted to be separately occupied or let.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
2. The proposed ancillary dwelling units are located in an area that is zoned Low Impact
Industry under the Noosa Plan 2020 and a range of industrial uses are planned to establish
that may generate noise, odour, dust, waste nuisance or the like. These industrial
businesses will not be required to include additional measures to address the potential
impacts from these industrial uses on the dwelling units given they should reasonably be
expected.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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
Tara Norley
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 26 July 2021.
• Generally in Accordance Letter – MCU19/0081.01 – 13 December 2021, Withdrawn.
• Decision Notice – Minor – MCU19/0081.02 – 26 February 2024, with an amendment to condition 1 and additional condition 10.
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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 – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
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 (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
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
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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