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Decision Notice MCU24 0022 · MCU24/0022
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: MCU24/0022 :
Your Reference: 0613
24 May 2024
RA Grant
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Applicant
Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 May 2024, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0022
Street address: 5 Adams St Sunshine Beach Qld 4567
Real property description: Lot 547 RP 48112
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Home-based business (Home hosted
accommodation)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. 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. Rev. Plan/Document Name Date
BA301 BA01 Ground Floor Plan 24.08.2016
Currency Period
3. This development approval lapses if the use has not happened by 17 May 2030, unless an
application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. Development is limited to Home-based Business (Home hosted accommodation), with the
total number of bedrooms available for guest accommodation not to exceed one (1), and
the total number of guests accommodated at any one time not to exceed two (2).
5. Guest accommodation must not be self-contained, with guests having only limited facilities
for preparing food and beverages including a small area with a kettle, toaster and bar fridge
to prepare hot beverages, light snacks or continental breakfast. A separate kitchen and
laundry are not provided for guests.
6. The approved use must be conducted by a permanent resident or residents of the
dwelling house, with the dwelling being the residents’ principal place of residence.
7. The approved use must not interfere with the amenity of the neighbourhood from the
operation of machinery or electrical equipment, or from light, vibration, smell, fumes,
smoke, vapour, steam, soot, ash, grit, oil, dust, wastewater, waste products, electrical
interference or other.
8. The total number of commercial deliveries or collections to the premises must not
exceed 2 per day.
Amenity
9. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
10. The premises must not be used to host events, functions or parties (e.g. bucks parties,
hen’s parties, raves, or wedding receptions for example) permitted on site.
11. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
12. The operation of the approved use must be in accordance with Administration
(Amendment) Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
External Works
13. Adam Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. removal of the gravel carpark adjacent to existing driveway crossover; and
b. reinstatement of the verge area to match the balance of the site frontage, including
the provision of topsoil and turf where the existing verge is grassed.
Site access and driveways
14. A sealed access driveway must be provided from Adams Street 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:
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a. a driveway crossover in accordance with Council’s standard drawings (RS-049 & RS-
050); and
b. a driveway crossover that does not result in the loss of any existing on-street carparks.
Car parking
15. A minimum of one additional car parking space (in addition to the space provided for the
dwelling house) must be provided and made available and accessible at all times while the
use is open for business. The works must include in particular:
a. One guest parking space within the total, which is clearly marked for that purpose and
accessible at all times for guest use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
16. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater drainage
17. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property.
Easements
18. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
19. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
5. REFERENCE DOCUMENTS
Not applicable
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided
at DILGP Via MyDAS2 Division 3, Table 1 - its response on 8 April
at https://prod2.dev- Areas with substantial 2024.
assess.qld.gov.au/suite potential for UXO (Reference No. 2403-
/ (for assistance, 39655 SRA). A copy of
contact DILGP at 5352 the response is
9701 or attached.
email:[email protected]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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Short Stay Letting
1. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation (bed and breakfast accommodation). The local law commenced on
1 February 2022. A one off application will need to be made, under the new local law, for all
existing and new properties operating short stay letting or home hosted accommodation,
unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Advertising DEVICES
2. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Infrastructure Charges
3. 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
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works External Works and Driveway Crossover
11. SUBMISSIONS
Not applicable.
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12. 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.
13. 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,
Cameron Smith
Development Planner
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
Unitywater
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2403-39055 SRA Premises contaminated because of unexploded ordnance 2403-39655 SRA Noosa Shire Council 5 Adams Street, Sunshine Beach Lot 547 on RP48112 Robyn Grant Cl- Pivotal Perspective Pty Lid 4/59 Mary St Noosaville QLD 4566 [email protected] A consideration of the 23 fundamental human rights protected under the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 3. Acopy of this response has been sent to the applicant for their information. For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email [email protected] who will be pleased to assist. Yours sincerely Paul Gleeson A’Manager cc Mr Jack Lewis, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Reasons for referral agency response Attachment 3 - Representatons about a referral agency response provisions Stale Assezement and Referral Agency Page 2 of 4 Document Set ID: 22933296 Version: 1, Version Date: 09/04/2024 Document Set ID: 23031158 Version: 2, Version Date: 24/05/2024 Page 7 of 12
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Attachment 1—Referral agency conditions
2403-39855 SRA
(Under section S&{1)(D)\) of the Planning Act 2016 the following conditions must be attached to any development
approval refating to this application)
No. |
Conditions
Condition timing
Material change of use
10.4.3.1.1- Premises contaminated because of unexploded ordnance—The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of Housing,
Local Government, Planning and Public Works to be the enforcement authority for the development to
which this development approval relates for the administration and enforcement of any matter relating
to the following condition(s):
1.
Provide written confirmation to the Department of Housing, Local
Government, Planning and Public Works at
[email protected] by an approved contractor on
the Australian Government, Department of Defence, Unexploded
Ordnance (UXO) Panel that the subject site has been remediated
and cleared of unexploded ordinances.
Prior to the
commencement of use
Stale Assessment and Referral Agency
Document Set ID: 22933296
Version: 1, Version Date: 09/04/2024
Document Set ID: 23031158
Version: 2, Version Date: 24/05/2024
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(2403-39855 SRA Attachment 2—Reasons for referral agency response (Gren under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: The proposed development is for a Material Change of Use - Home-based business (Home Hosted Accommodation) - bed and breakfast within existing dwelling house (2 beds / 4 people) at 5 Adams Street, Sunshine Beach properly described as Lot 547 on RP48112 (subject site). The subject site is mapped on the State development assessment mapping system (DAMS) as being entirely located within an area of Unexploded Ordnance (UXO). As such the proposed development was referred to SARA under Schedule 10, Part 4, Division 3, Table 1, Part 1 of the Planning Regulation 2017 SARA assessed the development application against State code 13: Unexploded ordnance of the SDAP, version 3.0 and determined that the development can achieve compliance with the performance outcome of the State code with conditions to ensure: o The site has been remediated or can be managed to be suitable for the proposed use in a manner that protects human safety and the environment. Material used in the assessment of the application: the development application material and submitted plans: Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.0), as published by SARA the Development Assessment Rules SARA DA Mapping system State Planning Policy mapping system [delete if not used] section 58 of the Human Rights Act 2019 Attachment 3—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 4 of 4 Jocument Set ID: 22833296 fersion: 1, Version Date: 09/04/2024 Document Set ID: 23031158 Version: 2, Version Date: 24/05/2024 Page 9 of 12
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules’ regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. A concurrence agency may change its referral agency response at any time before the application is decided if— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. * Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30, and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. Page tot2 Document Set ID: 22963296 Version: 1, Version Date: 09/04/2024 Document Set ID: 23031158 Version: 2, Version Date: 24/05/2024 Page 10 of 12
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. An applicant may make representations to a concurrence agency at any time before the application is decided, about changing a matter in the referral agency response.* 3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. aga 2 at2 Document Set ID: 22963296 Version: 1, Version Date: 09/04/2024 Document Set ID: 23031158 Page 11 of 12 Version: 2, Version Date: 24/05/2024
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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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