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Decision Notice MCU24 0022 · MCU24/0022

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                                                                                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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Page 6

                                       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

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Page 8

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

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Page 9

(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)

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Page 10

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.

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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

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Page 12

                                                                              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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