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Attachment B - Current Development Approval
Attachment B Current Development
Approval
LTR_P0048322_Request to extend currency period_215 David Low Way, Peregian Beach 5
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Officer: Samuel Osakwe
Direct Telephone: 07 5329 6316
Our Reference: MCU22/0154.01
Your Reference: P0048322
22 May 2024
AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary Trust
C/- Urbis (QLD) Pty Ltd
Level 32, 300 George Street
BRISBANE QLD 4000
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 October 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0154.01
Street address: 214 David Low Way Peregian Beach Qld 4573
Real property description: Lot 74 P 9313
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 16 February 2023.
• Material Change of Use - Food and Drink Outlet, Office
In relation to the request to make a minor change to the existing approval, Council on 16 May 2024,
decided to approve part of the requested changes. The changes are detailed below.
A. Agree to amend Condition 2.
B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
23011-DD 10.01 H Floor Plans prepared by KP Architects Pty 20.03.2024
Ltd
23011-DD 10.02 H Floor Plans prepared by KP Architects Pty 20.03.2024
Ltd
23011-DD 30.01 E Sections prepared by KP Architects Pty Ltd 18.03.2024
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
23011-DD 20.01 F Elevations prepared by KP Architects Pty 20.03.2024
Ltd
Amendments • The windows to the western upper level must extend for the
full width of the site’s frontage to David Low Way/Grebe
Service Road.
• Architectural treatments such as louvre screens must be
incorporated to the western upper-level windows.
• The lower and upper awnings must be finished with timber
cladding or timber look cladding.
• The building façades, where not glazed, must be provided
with variation in material through a reduction in masonry and
the inclusion of timber cladding or timber look cladding.
*(Refer to Advisory Note)
Building Appearance
3. Ground floor shopfront glazing along all frontages must be fully transparent to a minimum of
65% of the street frontage to allow passive surveillance and encourage social interaction and
must be provided at full height (floor to ceiling).
4. Any security screens on the premises must consist of grille or translucent screens and not
solid shutters, screens or roller-doors.
5. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary.
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Roof materials must be non-reflective and designed with colours
and styles to minimise the visual impact of the development.
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Weather Protection
6. Street awnings must be provided along the full length of the western, eastern and southern
frontages as shown on the approved plans. The awnings must have a minimum width of 2.4
metres from the building line or the same unless otherwise approved and must be designed
to provide continuous solar and rain protection and promote all weather activity.
7. All ground floor shopfront glazing must be protected against vandalism by the use of a form
of safety glass such as toughened or laminated glass.
8. The eastern balcony area above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like.
9. During operating hours, pedestrian areas and entrances/exits to all stairwells, lifts, foyers
and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy
the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be
designed to reduce the contrast between shadows and well-lit areas.
10. The approved use must not operate outside the hours of 6am to 10pm seven days a week,
except for Food and Drink Outlet which may operate on Friday and Saturday until 12
midnight.
11. The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
Operations
12. The operation of the food and drink outlet and associated activities must not result in
environmental nuisances such as noise, visual or odour impacts that unreasonably diminish
the amenity of the area or surrounding uses.
13. Any live music must be contained within an enclosed acoustically treated environment.
14. Acoustic live music (not reliant on electric or electronic equipment) must cease to operate in
outdoor spaces by:
a. 9:00pm Sunday – Thursday and public holidays
b. 10:00pm Friday and Saturday
15. Amplified live music must cease to operate in an outdoor space by 7:00pm seven days per
week.
Currency Period
16. This development approval lapses if the use has not happened by 16 February 2028 unless
an application to extend the currency period is approved by Council.
Building Height
17. The maximum height of the development must not exceed RL17.36 as detailed on proposed
elevations DA203-A.
18. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
19. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, 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. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
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Street Identification
20. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
21. All trees and surrounding vegetation identified on the detailed survey DWG 204099 004 DS
rev 0 for retention must be protected in accordance with AS 4970, Protection of trees on
development sites.
22. A qualified person * must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing prior to commencement of any works
onsite.
b. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
c. Undertake a risk assessment of the ‘Pandanus tectorius’ that is extending within the
development footprint, and carry out amenity pruning in accordance with AS 4373,
Pruning of amenity trees to protect the tree during the construction process.
*(Refer to Advisory Note)
Water & Sewer Connections
23. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the development site.
Services
24. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
25. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
26. 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.
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.
All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
27. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
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a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
DEMOLITION WORKS
Performance Bond
28. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
29. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP9 - Waste Management and approved by Council’s Waste Coordinator
prior to issue of a development permit for Building Works for demolition, removal, or
relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
30. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Litter, erosion and sediment control
31. All waste materials must be removed from site. Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
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Asbestos
32. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
33. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
34. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
35. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
36. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed watertight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
37. A separate development permit for Operational Works must be submitted to and approved
by Council prior to the issue of an application for Building Approval. The landscape plan is to
detail the provision of:
• Permanent planters along the upper floor plan terrace area.
• Permanent planters along central lobby
• Internal green walls around internal stairwell
• Planter to support vine over pergola
• Feature tree and understorey planting of ground level.
All landscaping on site is to be maintained for the life of the development.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Activities within Road Reserve/Pathways/Car spaces
1. Safe vehicle and pedestrian access in the vicinity of the development mut be maintained at
all times. Should closures of footpath/roads/carspaces be necessary to carry out construction
works, a permit from Council’s Infrastructure Section must be obtained prior to any works
being undertaken.
2. Council encourages the implementation of sustainable and efficient energy infrastructure to
minimise energy consumption and the production of greenhouse gases. In this regard,
Council recommends the installation of solar panels for the development.
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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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Landscaping
Works
Development Permit for Building Works Demolition and Building
10. SUBMISSIONS
Not applicable.
11. 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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager Development Assessment
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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DECISION NOTICE HISTORY
• Original Decision Notice – 16 February 2023
• Decision Notice - Minor – MCU22/0154.01 – 16 May 2024, with an amendment to condition 2.
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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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