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Attachment 2 - PBA15.0007 Approved Decision Notice

Attached to the e-mail Industrial Business Type 2 Production, Alteration, Repackaging & Repairing - MCU19/0011.

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                                          Officer:                  Denis Wallace
                                          Direct Telephone:         07 5329 6239
                                          Our Reference:            DWALLACE:PBA15/0007
                                          Your Reference:           1850

16 July 2015


Mr IRS & Mrs CA McDonald Tte, Gadenford Pty Ltd
C/o Martoo Consulting
PO Box 1984
NOOSA HEADS QLD 4567

[email protected]


Dear Sir/Madam

                                 Decision Notice
                             Sustainable Planning Act 2009

I refer to your application and advise that on 16 July 2015, Council decided to approve
the application in full subject to conditions.

Details of the decision are as follows:
1.    APPLICATION DETAILS

Application No:                 PBA15/0007
Street Address:                 29 Eumundi Noosa Rd NOOSAVILLE QLD 4566
Real Property Description:      Lots 50 & 51 RP 68719
Planning Scheme:                The Noosa Plan (16 September 2013)

2.    DECISION DETAILS

The following type of approval has been issued:
•     Development Permit for Building Works Assessable against the Planning Scheme
      (Reconstruction of a dry cleaning and surf board manufacturing premises)

3.    RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this
development approval takes effect.




                               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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Page 2

                                                                         PBA15/0007



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 undertaken in accordance with this approval must generally comply
      with the approved plans of development, including annotations. The approved
      plans are listed in the following table unless otherwise amended by these
      conditions.

       Plan No.    Rev.    Plan/Document Name                              Date
       DA-01       B       Site Plan drawn by Paynter Dixon                25/06/2015
       DA-02       B       Roof Plan drawn by Paynter Dixon                25/06/2015
       DA-03       B       Elevations drawn by Paynter Dixon               25/06/2015


5.    REFERRAL AGENCIES

Not Applicable.

6.    ADVISORY NOTES

Not Applicable.

7.    PROPERTY NOTES

Not Applicable.

8.    PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.    FURTHER DEVELOPMENT PERMITS REQUIRED

     Development Permit for Building Work (All building works)

10.   SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development
approval issued under this Decision Notice must be complied with.
     Advertising Devices Code

11.   SUBMISSIONS

Not Applicable.


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                                                                             PBA15/0007




12.    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.    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”.

14.    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




DENIS WALLACE
COORDINATOR - PLANNING



Enc:    Approved Plans/Documents
        Appeal Rights



cc      Unitywater




                                                                                  Page 3 of 5

Page 4

                                                                                                         PBA15/0007




                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



The following is an extract from the Sustainable               463 Additional and extended appeal rights for
Planning Act 2009 (Chapter 7).                                     submitters         for     particular    development
                                                                   applications
Part 1 Division 8 - Appeals to court relating to               (1) This section applies to a development application to
development applications and approvals                             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
461     Appeals by applicants                                      agency’s response made by a prescribed
(1)     An applicant for a development application may             concurrence agency for the application.
        appeal to the court against any of the following-      (3) However, the submitter may only appeal against a
        (a) the refusal, or the refusal in part, of the            referral agency’s response to the extent it relates to-
             development application;                              (a) if the prescribed concurrence agency is the
        (b) any condition of a development approval,                     chief executive (environment)-development for
             another matter stated in a development                      an aquacultural ERA; or
             approval and the identification or inclusion of       (b) if the prescribed concurrence agency is the
             a code under section 242;                                   chief executive (fisheries)-development that is-
        (c) the decision to give a preliminary approval                  (i) a material change of use of premises for
             when a development permit was applied for;                        aquaculture; or
        (d) the length of a period mentioned in section                  (ii) operational work that is the removal,
             341;                                                              damage or destruction of a marine plant.
        (e) a deemed refusal of the development                (4) Despite section 462(1), the submitter may appeal
             application.                                          against the following matters for the application even
(2)     An appeal under subsection (1)(a), (b), (c) or (d)         if the matters relate to code assessment-
        must be started within 20 business days (the               (a) a decision about a matter mentioned in section
        applicant’s appeal period) after-                                462(2) if it is a decision of the chief executive
        (a) if a decision notice or negotiated decision                  (fisheries);
             notice is given-the day the decision notice or        (b) a referral agency’s response mentioned in
             negotiated decision notice is given to the                  subsection (2).
             applicant; or
        (b) otherwise-the day a decision notice was            464 Appeals by advice agency submitters
             required to be given to the applicant.            (1) Subsection (2) applies if an advice agency, in its
(3)     An appeal under subsection (1)(e) may be started           response for an application, told the assessment
        at any time after the last day a decision on the           manager to treat the response as a properly made
        matter should have been made.                              submission.
                                                               (2) The advice agency may, within the limits of its
462      Appeals by submitters-general                             jurisdiction, appeal to the court about-
(1)      A submitter for a development application may             (a) any part of the approval relating to the
         appeal to the court only against-                               assessment manager’s decision about any part
          (a) the part of the approval relating to the                   of the application requiring impact assessment
              assessment manager’s decision about any                    under section 314; or
              part of the application requiring impact             (b) any part of the approval relating to the
              assessment under section 314; or                           assessment manager’s decision under section
          (b) the part of the approval relating to the                   327.
              assessment manager’s decision under              (3) The appeal must be started within 20 business days
              section 327.                                         after the day the decision notice or negotiated
(2)       To the extent an appeal may be made under                decision notice is given to the advice agency as a
          subsection (1), the appeal may be against 1 or           submitter.
          more of the following-                               (4) However, if the advice agency has given the
         (a) the giving of a development approval;                 assessment manager a notice under section
         (b) any provision of the approval including-              339(1)(b)(ii), the advice agency may not appeal the
              (i) a condition of, or lack of condition for,        decision.
                    the approval; or
              (ii) the length of a period mentioned in         465 Appeals about decisions relating to extensions
                    section 341 for the approval.                  for approvals
(3)      However, a submitter may not appeal if the            (1) For a development approval given for a development
         submitter-                                                application, a person to whom a notice is given under
         (a) withdraws the submission before the                   section 389, other than a notice for a decision under
              application is decided; or                           section 386(2), may appeal to the court against the
         (b) has given the assessment manager a notice             decision in the notice.
              under section 339(1)(b)(ii).                     (2) The appeal must be started within 20 business days
(4)   The appeal must be started within 20 business days           after the day the notice of the decision is given to the
      (the submitter’s appeal period) after the decision           person.
      notice or negotiated decision notice is given to the
      submitter.




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                                                                                                     PBA15/0007

(3)   Also, a person who has made a request under              (3) An appeal under subsection (1)(e) may be started
      section 383 may appeal to the court against a            at any time after the last day a decision on the matter
      deemed refusal of the request.                           should have been made.
(4)   An appeal under subsection (3) may be started at
      any time after the last day the decision on the matter   More information
      should have been made.                                   Department of Infrastructure and Planning
                                                               Building and Development Tribunals
466 Appeals about decisions relating to permissible
    changes
                                                               63 George Street Brisbane Qld 4000
(1) For a development approval given for a development         PO Box 15009 City East Qld 4002
    application, the following persons may appeal to the       tel +61 7 3237 0403
    court against a decision on a request to make a            fax +61 7 3237 1248
    permissible change to the approval-                        [email protected]
    (a) if the responsible entity for making the change is     www.dip.qld.gov.au
         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.




Part 2 Division 6 Appeals to committees about
building, plumbing and drainage and other matters

527 Appeals by applicants
(1) An applicant for a development application may
appeal to a building and development committee
against any of the following-
(a) the refusal, or the refusal in part, of the application;
(b) any condition of the development approval and
another matter, other than the identification or
inclusion of a code under section 242, stated in the
development approval;
(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 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.




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