Negotiated Decision Notice MCU21 0057

Officer: 	Blake Coulston
Direct Telephone: 	07 53296420
Our Reference:	MCU21/0057
Your Reference:	0276
11 August 2021
Stockwell NC P/L TTE
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 6 August 2021, Council decided your representations. This negotiated decision notice replaces the decision notice of 11 June 2021.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU21/0057
Street address:	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 3 SP 246584
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 11 June 2021, decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises (Indoor Sport & Recreation)
In relation to representations, Council on 6 August 2021 decided to:
Approve the change
Amend condition 5
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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 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
L01-20DC	R6	Proposed Floor Plan	18/02/2021
Nature and Extent of Approved Use
Approval is for a Fitness Centre with a total gross floor area of 400m2.
The Pilates Studio class size must not exceed a maximum of 40 persons at any one time, including staff.
The Pilates studio may operate during the following hours:
5:00AM - 9:00PM, 7 days a week
ACOUSTICS
The use of the premises must comply with the following requirements:
Ensure all windows and doors facing Noosa Civic are locked shut during class times or when amplified music is being played;
The common wall to the adjoining tenancy must be constructed to have a sound reduction index (Rw) of 50 in accordance with Part F5 of the National Construction code 2016 volume One to ensure noise from the gym is not audible to adjoining tenants;
All amplified sound at the premises must be conducted through a sound limiting device at all times to ensure that noise does not cause nuisance;
The sound limiting device is to have a locking mechanism or be located within a locked enclosure, which is to be locked at all times except for inspection or maintenance work on the device;
Access to the sound limiting device, except of maintenance work, is restricted to the gym manager, nominee and the person in charge of the premises at any time; and
The sound limiting device must be checked and if necessary adjusted by a qualified acoustic consultant at least every 12 months to ensure compliance with conditions c). Acoustic certification is to be kept on site.
Currency Period
This development approval lapses if the use has not happened by 11 June 2027, unless an application to extend the currency period is approved by Council.
Bicycle parking
Nine (9) bicycle spaces are to be provided within the 19m2 of area shown on approved Plan: L01-20DC.

referral agencies
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule, 10, Part 9, Division 2, Table 2 – Premises subject to an easement	The agency provided its response on 20 May 2021 (Reference No. HBD 7244629). A copy of the response is attached
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
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
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.

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,

Blake Coulston
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 11 June 2021.
Negotiated Decision Notice – 6 August 2021, with an amendment to condition 5
cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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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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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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ee) NOOSA COUNCIL


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20 April 2021

energex

tose coun
‘tein Sake Cousin positive energy

Via email: [email protected]

ce Stockwell NC PIL TTE
Cl Pivotal Perspective Pty Lid
Attention: Jack Lewis
Via email: [email protected]

Dear Sir/Madam,

Development Application - Material Change of Use for Indoor sport
and recreation located at 28 Eenie Creek Rd, Noosaville, described as
Lot 3 $P246584.

Applicant Ref: 0276

Council Ref: MCU21/0057

‘Our Ref: HBD 7244629

\We refer to the above referenced Development Application which has been
referred to Energex Limited in accordance with the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. This response has
been provided pursuant to the requirements of section 56/1) of the Planning
Act 2016,

‘As an Advice agency to the application Energex Limited has no requirements
in relation to the proposed Material Change of Use for Indoor sport and
recreation.

‘Should you require any further information on the above matter, please
contact Angela Cobcroft on 0447 671 554 or email
townpianni 1ex.com. au

 

Yours faithfully,

\ (
Alaloorel
Angela Cobcroft
Senter tanner

Corporate Oce
2 Real Steet
‘Newstead LD 4008
(GPO Bor 401
‘Sisbane 4001
“Telephone (07) 9068 4000,
Facsimile (07) 2005 201,
rm energexcam au

Energex Limited
‘ABN 20078849 055