Other Change Decision Notice 132004.5633.03

Officer: 	Blake Coulston
Direct Telephone: 	07 53296420
Our Reference:	132004.5633.03 : JElder
Your Reference:	02528 L02 NG
3 August 2021
Vipassana Centre Qld Inc
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 27 July 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	132004.5633.03
Street address:	35 Rules Rd Pomona Qld 4568
Real property description:	Lot 3 RP 814545, Lot 6 RP 848414
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 19 May 2005
Development Permit for Material Change of Use of Premises – Educational Establishment
In relation to the request to make an Other Change to the existing approval, Council on 27 July 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the Other change.
B.	Amend conditions 1, 4, 10, 14, 15, 16, 17, 18 and 20.
C.	Include additional conditions 33 and 34.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
WD001	1.7	Site Plan, prepared by REFRESH Design	24/4/21
WD004	1.7	Site Plan Georeferenced Overlay, prepared by REFRESH Design	24/4/21
WD005	1.7	Site Plan & Aerial Overlay, prepared by REFRESH Design	24/4/21
WD006	1.7	Staging Plan, prepared by REFRESH Design	24/4/21
DA 101	1.3	Meditation Hall, prepared by REFRESH Design	16/6/20
DA 102	1.3	Roof - proposed, prepared by REFRESH Design	16/6/20
DA 103	1.3	Meditation Hall - Elevation North & South, prepared by REFRESH Design	16/6/20
DA 104	1.3	Meditation Hall - Elevation East & West, prepared by REFRESH Design	16/6/20
DA 200	1.3	Mini Meditation Hall Floor & Roof, prepared by REFRESH Design	16/6/20
DA 201	1.3	Mini Meditation Hall Elevations, prepared by REFRESH Design	16/6/20
DA 300	1.3	Stage 2_Annexe For Single Meditation, prepared by REFRESH Design	16/6/20
DA 400	1.3	Assistant Teacher Accommodation, prepared by REFRESH Design	16/6/20
DA 500	1.3	Proposed Ablution, prepared by REFRESH Design	16/6/20
DA 600	1.3	Onsite Server Accommodation, prepared by REFRESH Design	16/6/20
DA 601	1.3	Elevations, prepared by REFRESH Design	16/6/20
DA 700	1.3	Off Compound Meditation & New Office, prepared by REFRESH Design	16/6/20
DA 701	1.3	Off Compound Meditation & New Office Roof, prepared by REFRESH Design	16/6/20
DA 702	1.3	Off Compound Meditation & New Office Eleva, prepared by REFRESH Design	16/6/20
DA 703	1.3	Off Compound Meditation & New Office Eleva, prepared by REFRESH Design	16/6/20
DA 800	1.3	Under Kitchen Accommodation, prepared by REFRESH Design	16/6/20
21128	V5	Bushfire Management Plan, prepared by Wollemi Eco-Logical Pty Ltd	30 April 2021
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The disturbed areas in the vicinity of the new building extension and the new 5 bay car park adjoining the reception office are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist.  Such landscaping is to be completed prior to the new building extension being occupied and maintained at all times thereafter.
Existing trees on the site and within road reserves must be retained, except where required to be removed due to building operations or the conduct of the approved use. In this regard:
clearing of vegetation must be undertaken only in accordance with the approved Bushfire Management Plan, prepared by Wollemi Eco-logical and dated 30 April 2021 and the Fauna and Flora Assessment doc No. 190412 Rev. 1, prepared by Native Foresters and dated 25 April 2021; and
Koala offset planting at a ratio of 4:1 (off trees removed) is undertaken in the location identified on the approved plans and as part of the first stage of the expanded development
No part of the building extension shall exceed a height of 9m to the peak or ridge of any pitched roof, and 8m elsewhere above the natural ground level and the finished ground level. Except for the peak of the approved annexe building which must not exceed a height of 9.05m above the natural ground level and the finished ground level.
Any advertising sign or device is to comply with Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for Building Works.
The maximum number of people to be accommodated on site is 129, which includes all teaching, caretaking and other staff.
The proposed development shall have all bathroom fittings comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
All additional hot water systems shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not happened by 19 May 2009, unless application is made and approved by Council for an extension; or
the use of the premises (extension to educational establishment) pursuant to the Development Permit ceases.
Land Development
Carparking Off Street – (amended July 2021)
Carparking shall be provided within the site as shown on the approved site plans.
A minimum of 65 uncovered carpark spaces shall be provided on site including 3 informal spaces for overflow parking. The carparking must include a minimum of 1 clearly defined disabled carpark space.
The car parking area shall be designed to comply with the provision of AS2890.1-2004 for user class 1 with allowance for vehicles to enter and leave the site in a forward gear.
All car parking areas shall be kept and maintained in a condition fit for use.
The new carparking area shall be free draining and the pavement constructed to a gravel access road standard.
Pathways
Deleted.
Vegetation Protection
Additional pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Stormwater Drainage
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.
All site stormwater drainage from the additional structures shall be by means of a gravity system.
Roof runoff shall be directed to a rainwater storage system or tank (minimum storage 1000 litres) that is plumbed to service the toilets and bathroom of each new cabin.  The design of the rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
To ensure that polluted run-off does not enter the tributary of Cooroora Creek, stormwater run-off from the new carparking area and any new driveways shall have the first flush (the first 12 mm of rainfall or hose-down) treated via a grassed swale or similar treatment system using Water Sensitive Urban Design principles.
Effluent Disposal
Deleted.
Earthworks
Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Deleted.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
Deleted.
Deleted.
Additional Conditions – July 2021
The development must be undertaken in accordance with all aspects of the approved Bushfire Management Plan.
Staging
The development may be staged in accordance with the approved staging plan. If staged, the development need not be completed sequentially in the stage order indicated on the Approved Plans provided that any offset planting, car parking, road access, bushfire management requirements and infrastructure services required to service the particular stage are completed/constructed with that stage.
reasons for approval
Not applicable.
referral agencies
Not applicable.
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advice
The construction and operation of the development is to be in accordance with Noosa Shire Council Policy – Development of Hostels.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
An “Application for Approval of Plans for Fit Out of Food Premises” is required if there is to be any changes to the existing food preparation kitchen prior to works commencing.  A potable drinking water supply in accordance with the Food Safety Standards is to be provided to kitchen and water for drinking.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
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.
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 Works
Development Permit for Operational Works	Landscaping, car parking, stormwater drainage
submissions
There were 1 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic 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 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:
List of Submitters
Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 19 May 2005
Negotiated Decision Notice – 11 August 2005, with an amendment to conditions 3, 10, 11, 12, 13.2, 14, 15, 16, 17, 18, 20, 22, 24; delete conditions 19, 25, 27, 31 & 32
Decision Notice – Minor Change 132004.5633.02 – 19 February 2020 – Amend conditions 1 & 5.
Decision Notice – Other Change - 132004.5633.03 – 27 July 2021, with an amendment to conditions 1, 4, 10, 14, 15, 16, 17, 18 and 20 and additional conditions 33 & 34.

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address

Bernie Winter	[email protected]	

	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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