MCU14/0056 - Decision Notice

Officer	Denis Wallace
Direct Telephone:	07 53296239
Our Reference	MCU14/0056
Your Reference	6520
31 July 2015

Creekgold Pty Ltd TTE
C/- Saunders Havill Group Pty Ltd
9 Thompson Street
BOWEN HILLS QLD  4006

Dear Sir

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 30 July 2015 Council decided to refuse the application.  Details of the decision are as follows:
application details
Application No:	MCU14/0056
Street Address:	125 Myall Street Cooroy  Qld  4563
Real Property Description:	Lot 4 SP 248479
Planning Scheme:	The Noosa Plan (16 September 2013)
Type of Development
The application sought the following type of development approval:
Development Permit for Material Change of Use of Premises for a Mixed Use Development comprising Retail Business Type 5 - Vehicle Uses (Service Station & Car wash), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Outlet) Retail Business Type 2 - Shop (Convenience Retail), Industrial Business Type 1 - Warehouse (Self-Storage Facility), Visitor Accommodation Type 2 - Caravan Park.
Reasons for Refusal
The development raises significant conflicts with The Noosa Plan and its land use intent for the rural zone and water supply catchment area.
The development represents a substantial expansion of Cooroy’s commercial precincts that will further disperse and fragment its business centre, which is undesirable.
The development will compound existing traffic problems at the Myall Street & Elm Street intersection, which is undesirable.
The applicant has not demonstrated sufficient grounds exist to overcome the development’s conflicts with The Noosa Plan, with only low to moderate overall need apparent for the development.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency & Address	Referral Trigger	Response
Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue Maroochydore  Qld  4558 Online: Mydas (at www.dsdip.qld.gov.au) Email:[email protected]	Schedule 7, table 3, item 1 – State controlled roads  and Schedule 7, table 3, item 2 – Development impacting state transport infrastructure	The agency provided its response on 24 February 2015 (Reference No. SDA-0714-12936).

submissions
There were 16 properly made submissions about the application. In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

Enc	Appeal Rights
List of Submitters

c.c	SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558
Online: Mydas (at www.dsdip.qld.gov.au)

Unitywater

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))
Author	Address1	Address2
A & N Flitter	34 Wattle St	COOROY  QLD  4563
Ken Finzel	44 Overlander Ave	COOROY  QLD  4563
D & D Taylor	499 Black Mountain Rd	COOROY  QLD  4563
A Hyatt	13 Miva St	COOROY  QLD  4563
G Morris	6 Pearl St	COOROY  QLD  4563
K Farrow	48-50 Ward St	TEWANTIN  QLD  4565
B Threadgold	48 Kauri St	COOROY  QLD 4563
J & D Pitman	[email protected]	
D Taylor Cooroy Chamber of Commerce	PO Box 13	COOROY  QLD  4563
J McCart	[email protected]	
P Lyle	181 Forest Acres Dr	LAKE MACDONALD  QLD  4563
J Sadler	181 Forest Acres Dr	LAKE MACDONALD  QLD 4563
J McElhinney	10 Marquee Lane	POMONA  QLD 4569
W & K Mayer	450 Eumundi Range Rd	EUMUNDI QLD  4562
J Walkden	423 Old Ceylon Rd	COOROY  QLD  4563
T Kane	28 Elm St	COOROY  QLD  4563

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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