MIDARepRev - 999005 · MCU13/0064

DELEGATED REPORT
	PLANNING ASSESSMENT BRANCH

APPLICATION FOR DEVELOPMENT APPROVAL

Application No:	MCU13/0064

Author:	Jack Lewis - Development Planner

Project Director:	Kerri Coyle - Coordinator Planning Applications North

APPLICATION DETAILS
Applicant:	Makepeace Island (Operations) Pty Ltd
C/- KHA Development Managers
Proposal:	Development Permit for Material Change of Use of Premises - Visitor Accommodation Type 4 Conventional
Properly Made Date:	16/04/2013
Information Request Date:	10/05/2013
Info Response Received Date:	17/09/2013
Decision Due Date:	12/11/2013
Number of Submissions:	One (1) Not Properly made Submission

PROPERTY DETAILS
Division:	12
Property Address:	Makepeace Island NOOSA NORTH SHORE  QLD  4565
RP Description:	Lot 55 MCH 1667
Land Area:	9.3ha
Existing Use of Land:	Detached House and Caretakers Residence

STATUTORY DETAILS
SEQRP Designation:	Regional Landscape & Rural Production Area
Planning Scheme:	The Noosa Plan (8 August 2011)
Planning Locality:	Noosa North Shore
Planning Zone	Open Space Conservation
Assessment Type:	Impact

PROPOSAL
The application seeks approval for a Material Change of Use – Visitor Accommodation Type 4 Conventional (10 bedrooms) on Makepeace Island, situated within the Noosa River.

The proposal involves operating the Makepeace Island dwelling and facilities as a ‘boutique resort’ comprising 10 guest bedrooms, sleeping a maximum of 20 guests. No major building works are required to accommodate the use, apart from minor upgrades to existing accessways in order to satisfy the change of building classification to allow short term visitor accommodation.

The applicant’s report suggests staffing will vary depending on the number of guests, however two onsite managers (chef and hostess) will permanently reside in the caretaker’s residence on the island. In addition, a general manager, skipper/activities coordinator, maintenance staff member, and cleaning staff (external company), will access the site between 7am and 10pm. During high occupancy periods the applicant describes how the skipper and maintenance staff members can also be accommodated within the caretaker’s residence.

Access to the site will be via the island’s private boats, consisting of an electric river boat with a capacity of 10 guests, a speed boat with a capacity of 10 guests, as well as a barge with a capacity of 15-18 cars.

The resort will offer a complimentary car and bus service offering pick up and drop off from Brisbane and Maroochydore airports as well as any home or hotel on the Sunshine Coast or Brisbane. An arrangement with the Noosa Marina (2 Parkyn Ct, Tewantin) is currently in place, allowing guests to be picked up and dropped off by boat to and from the marina. Two employees will park their vehicles at the end of Moorindal Street, from where they will be picked up by the islands transfer boat.

A locality plan and existing layout plan is included below.

SITE DETAILS

Background / Site History

Council, at its ordinary meeting held on 9 August 2007 agreed for a dwelling house on the site to be assessed against the superseded planning scheme. This subsequently made the development ‘self-assessable’, provided that an infrastructure agreement was entered into with Council.

On the 8 January 2008, the infrastructure agreement was subsequently settled by Council’s solicitor and the owners of the island. The infrastructure agreement imposed a number of conditions, including the restriction on vegetation removal, compliance with management plans, flooding, and the use of the buildings to be restricted only for a dwelling house. All management plans mentioned within the infrastructure agreement applying to the development have been complied with.

A copy of the Infrastructure Agreement is included as Attachment 1.

Site Description

The island has a total area of 9.3 ha and is bound by the Noosa River. The majority of the island is low lying and vegetated with mangroves. The existing development is located within the northern portion of the island and includes nine separate buildings comprising:

1 x 4 bedroom building;
Kitchen/media building;
Bar/longhouse;
An open living building/wantilan adjacent to the pool;
Boat shed;
Caretaker’s residence; and
3 x 2 bedroom bungalows.

Access to the island is by boat, with the closest launch being from the end of Moorindil Street, which is 750m to the north west of the site. Approximately 2km to the south of the site is the Noosa Marina.

Existing services to the island include telecommunications, water, electricity and on-site sewer treatment and disposal.

Surrounding Land Uses

The island is bound by the Noosa River, with the closest residential properties being located just over 200m to the west of the development. The closest residences are located along the eastern side of Tait Street and Cambridge Court, Tewantin.

ASSESSMENT

Framework for Assessment

Instruments for Statutory Assessment

Under the Sustainable Planning Act 2009, the application must be assessed against each of the following planning instruments to the extent they are relevant to the development:

State Planning Policies;
The South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan
Of these, the planning instruments relevant to this application are discussed in the sections that follow.
Statutory Instruments – State and Other
State Planning Policies
The relevant State Planning Policies have been deemed by the Minister for Local Government and Planning as being appropriately reflected in Council’s planning scheme and therefore do not warrant a separate assessment.

South East Queensland Regional Plan

The site is located within the Regional Landscape and Rural Production Area of the South East Queensland Regional Plan. The proposal is for a small scale tourist activity within the designation and is consistent with the regional land use intent, regional policies and desired regional outcomes.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions are applicable to this application:
Draft Coastal Protection Regulatory Provisions
The site is within the coastal management district and is made assessable against part 3 of the regulatory provisions. The proposed development does not propose any additional building works and includes an appropriate counter-disaster plan to address potential coastal hazards.

Statutory Instruments – Planning Scheme

The applicable planning scheme for the application is The Noosa Plan (8 August 2011).  The island is located within the Open Space Conservation zone of the Noosa North Shore locality, with the proposed visitor accommodation use inconsistent within the zone. All residential uses (including a detached house) within the Open Space Conservation zone are inconsistent.
Local Area Provisions
The Overall Outcomes of the Noosa North Shore locality seek only limited visitor accommodation and services, confined to the visitor mixed use zone and the wilderness camping ground. The locality code also seeks developments offering visitor accommodation to be low key, so as to avoid changes to the character, as a result of excessive visitor numbers and adverse environmental impacts from over-use.

While the site is not located within a Visitor Mixed Use zone, the proposal does not involve any new buildings, structures or site works, which would adversely impact on the values intended to be protected by the Open Space Conservation zoning. The visitor accommodation use will operate within the existing development footprint. The applicant contends that the proposed development provides for a unique visitor accommodation experience, which is low key and will have the same impact as a dwelling being used for visitor purposes.
Land Use and Works Provisions
While there is already an established development on the site, the scale and intensity is limited by it being used as a single let dwelling house. Besides requiring a Building Works application to change the building classification under the Building Code of Australia (BCA), there is no additional building or site works required for the use to commence. The impacts of the proposed change of use relate to noise, refuse management, effluent disposal, site access and flooding.

Noise
The applicant has submitted an acoustic impact assessment to address the potential noise aspects of the proposed use. The assessment has established compliance with all relevant noise criteria and limits. However, the applicant has modelled the liquor licence criteria for amplified music, which allows a significant emission of noise over the background at various times of the day or night.

The Office of Liquor Gaming and Racing’s (OLGR) criterion is generally suitable for an entertainment precinct where pubs and clubs would usually establish. The proposal does not meet the requirements of The Noosa Plan for development in close proximity to a residential area. Therefore, conditions have been imposed to restrict noise emissions to a more appropriate level in order to enhance and protect the amenity of neighbouring residents. These limits will be enforceable by council at any time where a nuisance complaint is made about the use.

Refuse Management
Council’s environment specialist expects the site can accommodate acceptable refuse management, subject to conditions of approval.

Effluent Disposal
The existing Plumbing Approval (2008/0402) was finalised on the 6 May 2010 and required an advanced secondary novaclear aerated water treatment system with associated effluent disposal area. An assessment of the existing wastewater infrastructure was finalised on the 1 July 2013. The report concludes the wastewater treatment system is capable of accommodating the proposed changes to the development, with no further works required.

Site Access
The site is only accessible by boat. The applicant indicates the island is to be serviced by 2 boats and a barge from the end of Moorindil Street and the Noosa marina. The use generates the need for parking of 2 vehicles at Moorindil Street and 1 vehicle at the Noosa marina.

Engineering Assessment Branch indicate there is sufficient informal carparking area at the northern end of Moorindil Street to cater for the 2 spaces. While, the applicant advises the use of the commercial boat to access the island requires pick up from a commercial marina berth at Noosa marina. A single vehicle requirement in Noosa marina has been included as part of the agreement with marina management. Due to the limited number of guests, it is considered that any additional traffic movements can be catered for within the current network and conditions are required for a car transfer service to be available to drop off and collect guests.

Flooding
Council’s Hydrology specialists provide the following key information for the site with respect to flooding and coastal hazards:
The elevation of the site is generally around 0.5m AHD with some areas up to 1m AHD.
Peak 100 year ARI freshwater flood level is 3.0m AHD.
Peak Predicted Maximum Flood (PMF) freshwater flood level is 4.35m AHD.
The 100 year ARI storm tide level including projected sea level rise to 2100 is 2.9m AHD.

The building floor levels of the main residence for the lower level is 2.80m AHD and for the upper level it is 4.90m AHD. Access to the site is via boat only.

Based on the above constraints, if this was a new development or intensification of an existing development then it would not be recommended for approval. However, there are no works proposed as a result of this application, with the proposed use operating within the existing development. Furthermore, the number of people who can stay at the development is not proposed to increase.

The change of use does justify consideration of how the flood hazard and coastal hazard on the site will affect the use. The lower levels of the main building are slightly below the current 100 year ARI flood level, while the upper floor rooms are above the Predicted Maximum Flood (PMF). If the structure of the main dwelling is sufficient to withstand hydrostatic and debris forces during a PMF event then this may be a suitable flood refuge.

A Flood Emergency Management Plan has been submitted showing how a flood hazard is proposed to be managed. The Flood Emergency Management Plan identifies a number of critical issues, including that when the first warning of 1m at Tewantin is issued, the Makepeace Island Jetty will be inaccessible, therefore making flood free access to the jetty and mooring areas hazardous and potentially putting lives in danger. Therefore, the emergency procedures for the island cannot be dependent solely on the system provided by the Queensland Flood Warning Network. As a result, it is recommended that Makepeace Island implement its own independent alert system.
CONSULTATION
IDAS Referral Agencies
Nil
Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Ecology Specialist, Engineering and Environment Assessment Branch
Plumbing Specialist, Plumbing Services Branch
Senior Strategic Planner, Strategic Land Use Planning Branch

Their assessment forms part of this report.
Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the Sustainable Planning Act 2009. One (1) not properly made submission was received.

The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
Makepeace Island is at times disrupting the residential amenity of the surrounding residents along Tait Street and Cambridge Court.
	The proposal has the potential to disrupt the residential amenity of the neighbouring residential houses located less than 200m away from the existing buildings on Makepeace Island. Conditions are recommended to restrict noise emissions to a more appropriate level in order to enhance and protect the amenity of neighbouring residents, including:
Restricting noise levels to 5db above background levels between the hours of 7am and 10pm;
Noise from amplified music not to be audible from residential neighbours between 10pm and 7am; and
No use of the barge between 10pm and 7am.
Potential effects on the native wildlife.	The proposal does not involve any additional building works or removal of vegetation.  It is not anticipated there will be any adverse impacts on the local wildlife as a result of the change of use.
Emergency services will find it difficult to access the island.	The building will need to be reclassified as a class 2 building for visitor accommodation and incorporate appropriate fire safety ratings. Water supply is provided to the island for fire fighting and the access to the island is only 750m from the closest boat launch at Moorindil Street.

CONCLUSION

The proposed visitor accommodation use for Makepeace Island is to be located within the existing development footprint, with no increase in in the number of persons able to be accommodated. The applicant has provided sufficient information about the operational issues associated with the development, which are considered to satisfactorily manage the associated impacts.

On balance, the proposed change of use is considered logical and reasonable in the context of the current holiday letting, with the site impacts able to be appropriately managed and potential environmental impacts mitigated. There will be no adverse impacts upon the environment and appropriate noise conditions are recommended to ensure the residential amenity of neighbouring dwellings along Tait Street and Cambridge Court are not compromised. To ensure future intensification of the use is limited and natural values protected, appropriate conditions are recommended relating to the use of the site.

Despite the inconsistency with the Open Space Conservation zoning, the following grounds of approval are recommended:

The visitor accommodation use is low key in its scale and provides a unique tourism experience, which contributes to the North Shore Locality and Noosa generally.

The proposed use is able to be accommodated within the existing building footprint and does not involve any additional site works.

Potential site impacts can be appropriately managed so as not to cause a nuisance to nearby residential properties along Tait Street and Cambridge Court, Tewantin.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU13/0064 for a Development Permit for Material Change of Use of Premises - Visitor Accommodation Type 4 Conventional situated at Makepeace Island NOOSA NORTH SHORE QLD 4565 as identified in the attached details recommended for the Decision Notice.

1.	APPLICATION DETAILS

Application No:	MCU13/0064
Street Address:	Makepeace Island NOOSA NORTH SHORE  QLD  4565
Real Property Description:	Lot 55 MCH 1667
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Material Change of Use - Visitor Accommodation Type 4 Conventional

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING

When Conditions must be Complied With
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
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Nature and Extent of Approved Use
The buildings must be used for short term visitors only. The buildings must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in the approved caretakers/staff dwelling.

No more than 20 persons are to be accommodated on the island within the 3 bungalows (comprising 2 bedrooms each) and bedroom wing (containing 4 double rooms), except for the approved caretakers/staff dwelling (capable of sleeping 4 persons) as indicated on the approved plans. No additional persons and/or guests are permitted on the island at any time, apart from the on-site manager and staff.

No advertising signs shall be erected or placed in anyway on the island.

A complimentary car transfer service shall be made available to all guests arriving and departing the island.

Landscaping
The development must be undertaken in accordance with Approved Landscaping Plans.

A “no clearing zone” must be established and maintained over the land outside the development footprint on the Approved Site Plan. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone;
soil/spoil dumping and/or compacting; and
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council;
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council; and
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.

The development must be undertaken in accordance with the Rehabilitation and Weed Management Procedures contained in approved Weed Management and Vegetation Rehabilitation Plan for the site.

Refuse Management
The development must be provided with a refuse container storage area. This area is to be:
a fully enclosed and roofed area such that animals or vermin cannot access the waste. In this regard it shall be fully enclosed on three sides using materials compatible with the site (e.g. palings, lattice work, brick or blockwork, etc), and provided with access gates or doors to facilitate easy access and removal of refuse bins;
adequate in size for general refuse bins and recycling bins;
imperviously sealed with a bunded base (e.g. concrete, bitumen, etc);
constructed generally in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”.

A bin washdown pit lawfully directed to the effluent disposal must be provided for the cleansing of all refuse bins. This may be a separate area or form part of the storage area required in the above condition. Where this area is separate and is not roofed, the stormwater catchment area must comply with plumbing and drainage requirements.

A Waste Management Plan (WMP) must be developed and implemented on site. This plan shall:
appoint the site management entity as responsible for administering the plan;
require that all waste materials be segregated into general and recyclate waste streams and stored within their appropriate refuse bin within the storage area;
outline refuse obligations of patrons that stay on site,
appoint person(s) responsible for the transportation of refuse containers from the storage area to an approved Council refuse facility,
appoint the person(s) responsible for cleaning bins on-site and maintaining the storage area and litter bins in a clean and tidy state; and
where required, ensure the use of on-site litter bins for patrons,
require the removal of all waste off site on a minimum weekly basis,
require that all waste materials are adequately secured and covered when being transported off site to the approved disposal facility.

Refuse obligations for patrons outlined in the WMP shall be included as part of a site operational plan.

Acoustics
For noise from amplified music and entertainment between the hours of 7:00am and 10:00pm, the adjusted maximum sound pressure level LA10, plus adjustments for tonal and impulse components, must not exceed the background level LA90 by more than 5 dB(A) when measured at any affected premises.

Noise from amplified music and entertainment must not be audible at any affected premises between the hours of 10:00pm and 7:00am.

Where a complaint (other than a frivolous or vexatious complaint) is made to Council about noise from the premises, the following shall be provided to Council, when requested:
have a suitably qualified acoustic consultant undertake a Noise Impact Assessment (NIA) in accordance with relevant guidelines and standards, and have a report submitted to Council for endorsement which outlines the findings of the NIA; and/or
the installation of volume limiting devices and/or upgrade the sound reduction index (R) value of windows, doors and/or shield mechanical plant and equipment, and/or provide internal frequency absorptive or sound proofing treatments within the site, and/or install acoustic barriers to mitigate or reduce noise impacts and have any such upgrades or works certified by a suitably qualified acoustic consultant;

Service vessel movements associated with the approved use (including loading and unloading and transport of patrons) for the use of the Registered Barge, must not occur outside the hours of 7am to 10pm Monday to Sundays. The requirements of this condition must be included into any accommodation agreement or equivalent operational plan.

ENGINEERING UNIT

Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site.

Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.

HYDRAULICS AND WATER QUALITY

Flood Management
Access along the entire route between all habitable buildings and the jetty shall be a minimum level of 0.9m AHD.

Install, maintain and monitor an on-site Alert System in accordance with Section 4 of the Flood Emergency Plan listed in this Decision Notice.

The development shall be operated in accordance with the Flood Emergency Plan listed in this Decision Notice and any updates of this plan. The plan shall be reviewed on an annual frequency to incorporate lessons learned during the previous 12 month period. A Registered Professional Engineer Queensland specialising in hydraulics and hydrology shall be consulted if significant changes are required.

Plumbing, Drainage and Waste Water Treatment and Disposal
The development must be provided and operate in accordance with a Plumbing, Drainage and an On-site Waste Water Treatment and Effluent Disposal System having a capacity sufficient for the use and a wet weather storage facility with a 10,000 litre or 4 days storage capacity at peak design flow as per the Future-Plus Environmental, Assessment of Existing Wastewater Infrastructure.

5.	REFERRAL AGENCIES

Not Applicable.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
VMRRNO A01	C	Site Plan	13/04/2007
LS01	B	Preliminary Landscape Plan Site Setout part 1 prepared by Landgraphics	05-06-07
LS02	B	Preliminary Landscape Plan Site Setout part 2 prepared by Landgraphics	05-06-07
LS03	B	Preliminary Landscape Plan Site Setout part 3 prepared by Landgraphics	05-06-07

7.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No.	Rev.	Document Name	Date
CIV1063	1.2	Flood Emergency Management Plan – Makepeace Island, Noosa Queensland, prepared by Contour Consulting Engineers	17/09/2013
AD07631REHAB 	0	Weed Management and Vegetation Rehabilitation Plan, prepared by Duke Environmental	15/05/07
4225
Assessment of Existing Wastewater Infrastructure – Proposed Change of Use Makepeace Island, Noosa North Shore, prepared by Future-plus Environmental	08/04/2013

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

	Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards

	Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
	The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
	You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

Infrastructure Charges
This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

Rainwater Tanks – Public Health Act 2005
In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements.

Food Act 2006
All areas where food is to be stored, handled or prepared for sale or sold must be constructed and equipped in accordance with the provisions of the Food Act 2006 and the Food Standards Code.  The premises must be registered and the operators licensed with Council under the aforementioned Act prior to the use commencing. Contact Council’s Healthy Places Unit via the Customer Service Centre for further information.
Plumbing, Drainage, Waste Water Treatment and Disposal System
The existing Plumbing and Drainage and a Waste Water Treatment and Disposal System for the site is as mentioned in the report from Future-Plus Environmental, Assessment of Existing Wastewater Infrastructure, Reference No 4225 Dated 1st July 2013, capable of accommodating the proposed changes to the development.

The existing system has been approved in accordance with the Queensland Plumbing and Wastewater Code, Australian Standards AS/NZS3500, AS/NZS1547: 2000 “On-site Domestic Wastewater Management”. If the design requirements for the site change, a Compliance Permit must be obtained from the Local Authority under the Plumbing and Drainage Act 2002, in addition, where a development exceeds the accommodation or use of 21 or more equivalent persons an Operator’s Licence from The Department of Environment and Heritage Protection (DEHP) will also be required.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (Change Building Classification)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

There was one (1) not properly made submission about the application.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:

The visitor accommodation use is low key in its scale and provides a unique tourism experience, which contributes to the North Shore Locality and Noosa generally.

The proposed use is able to be accommodated within the existing building footprint and does not involve any additional site works.

Potential site impacts can be appropriately managed so as not to cause a nuisance to nearby residential properties along Tait Street and Cambridge Court, Tewantin.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

END OF APPENDIX

Attachment 1 – Infrastructure Agreement

REPORT COVER SHEET
	PLANNING ASSESSMENT BRANCH

Application no:	MCU13/0064

Author:	Jack Lewis

Project Director:	Denis Wallace

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?
Yes

Has a site inspection been undertaken?
Yes

Has an email request for Infrastructure Contributions calculation been sent to the Infrastructure Contribution Team?
Yes

Is an Adopted Infrastructure Contribution Applicable?
Yes

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Site photos (where obtained)

PROJECT MANAGER	PROJECT DIRECTOR

Signature:
	Signature:

Position:  Development Planner	Position:  Coordinator Planning Applications North

Date:19 November 2013	Date:19 November 2013

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature: 	Date: 22 November 2013

PROJECT DIRECTOR

DELEGATED AUTHORITY REPORT

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