Decision Notice - Approved by Delegation of Authority MCU18 0195

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU18/0195 :
Your Reference:	n/a
10 May 2019
Palm Lake Care Properties P/L TTE
PO Box 10479
SOUTHPORT  BC  QLD  4215
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 9 May 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU18/0195
Street address:	15 Pearsons Rd Cooroy Qld 4563
Real property description:	Lot 103 SP 287641
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Commercial Business - Type 2 Medical
CURRENCY PERIOD of approval
The currency period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
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
CO – DP – 001 Sheet 01/02	B	Site Plan Doctors Practice, prepared by Palm Lake Works	23/11/18
CO – DP – 001 Sheet 02/02	B	Floor Plan / Elevations Doctors Practice, prepared by Palm Lake Works	23/11/18
Nature and Extent of Approved Use
The Commercial Business Type 2 – medical is approved as a temporary use only. The approved use must cease to operate four years from the date of this approval taking effect and the building must be removed within 30 days. The site must be rehabilitated by turfing and landscaping as necessary.
One doctor, one nurse/assistant and one receptionist is approved to operate from the site.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. 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.
Street Identification
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.
Landscaping
The existing landscaped frontage and around the building must be retained for the life of the development.
ENGINEERING
Pedestrian access
Suitably bound or sealed pedestrian access must be provided from the existing building to the adjoining residential independent living units. The works must be undertaken in accordance with an Operational Works approval.
Site Access and Driveway
A sealed access driveway must be provided from the street to all parking and manoeuvring areas of the development generally in accordance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Driveway crossovers in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and must match the levels of the existing pathway and grassed verge.
For pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
The proposed driveway must be of a minimum width of 4.0m and a maximum width of 5.5m at kerb line.
To allow a smooth and neat finish, the redundant kerb section must be saw-cut and removed for constructing the new driveway layback.
Any section of existing concrete footpath requiring removal must be saw-cut and footpath reinstated at its current finish levels.
Driveway must have clearance of 1.0 from a power pole and 0.5m from and any service pit or manhole (eg telecommunication pit, water metre) unless a written approval obtained from the relevant provider.
Car Parking
Sealed parking area with a minimum of 4 car parking spaces must be provided and properly marked, and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A minimum of 4 customer/staff parking spaces, which are clearly marked for that purpose and accessible at all times during business hours
One disabled parking space within the total
Linemarking, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times for the life of the approved use.
Stormwater Drainage
Stormwater runoff from the development must be disposed of in a controlled manner without causing scour or damage to the subject site or any adjoining property.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge without worsening existing drainage conditions by diverting stormwater runoff or cause additional stormwater ponding on any other properties, including on the road’s grassed verge and public pathway.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	State transport corridors and future State transport corridors	The agency provided its response on 29 January 2019 (Reference No. 1812-8995 SRA). 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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Nature of Use
This approval is for a temporary use only.
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
submissions
There were no submissions about the application.
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,

Glen Conforti
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	SARA at DILGP
Mike Ahern Building
Level 3, 12 First Ave Maroochydore
PO Box 1129 Maroochydore
email:[email protected]

Unitywater

	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

[word/footer1.xml]
Page 4 of 10

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 10

[Attachment: image3.png (image text)]
 

 

ueenstand
ovement

‘State Development,
Manufacturing,
Infrastructure and Planning

urreference: «181.9005 SRA

Yourreference: —MCUT@/OTES

28 January 2019

‘The Chief Executive Officer

‘Noosa Shire Council

POBox 141

Tewantin Qld 4565

‘[email protected]

Attention: Mr Glen Confort

Dear Mr Confort

Referral agency response—no requirements,
(Given under section 56 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, Infrastructure and Planning on 24 December 2018.

 

 

 

Applicant details
‘Applicant name: Palm Lake Works Pty Lic
Applicant contact deals: PO BOX 10479
‘Southport BC QLD 4215
‘[email protected]
Location details
‘Street adaress: 15 Pearsons Road, Coorey
Real property description: _Lot 103 on SP267641
Local government area: [Noosa Shire Couneil
Application details
‘Development permit, ‘Material change of use for commercial business - type 2 medical

‘South East Queensland (Nor) regional
oe

ike Aer Buicng Level 9, 12 Fist
‘Averae Martyr
Page 1 of2 POBox 1128, Maroochydore QLD 4555


[Attachment: image4.png (image text)]
 

e120 SRA

Referral triggers
‘The development application was referred to the department under the following provisions of the planning
Regulation 2017:

+ 1994241 ‘State transport corridors and future State transport corridors
[No requirements

Under section $6(1)(a) of the Planning Act 2016, the department advises it has no requirements relating
tothe application.

‘A copy of ths response has been sent tothe applicant for their information.

For further information please contact Candace Mitchell, Senior Planning Officer, on 5352 9708 or via
‘email SE ip.qld. gov au who will be pleased to assist.

 

‘Yours sincerely

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f2

 


[Attachment: image5.png (image text)]
 

ceeN

 

ovement

‘State Development,
Manufacturing,
Infrastructure and Planning

Department of State Development, Manufacturing, Infrastructure and Planning
‘Statement of reasons for application 1612-8995 SRA
(Given under section 58 ofthe Planning Act 2016)

 

Departmental role: Referral agency
Applicant details
‘Applicant name: Palm Lake Works Pty Lid
‘Applicant contact details: POBOx 10479
‘Southport BC QLD 4215
‘[email protected]

Location details

 

 

 

 

‘Street address: 15 Pearsons Road, Cooroy
Real property description: Lot 103 on SP287641
Local government area: Noosa Shire Councit
Development details
‘Development permit, ‘Material change of use for commercial business - type 2 medical
Assessment matters
‘Aspect of development ‘Applicable codes:
‘requiring code assessment
Planning Regulation 2017, ‘State Development Assessment Provisions (SDAP), version 2.4,

‘Schedule 10, Part 9, Division 4, | State Code 1: Development in a state-controlled road environment.
‘Subdivision 2, Table 4, tem 1 —

‘Sate transport coridors and
future State transport cortidors

 

 

 

 

Reasons for the department's decision

“The reasons for the decision are:

‘+The proposed development site is within 25 metres ofa state-controlled road Elm Street and within
100m of the Elm Street / Pearsons Road intersection.

‘+ The development is to be accessed via the existing access arrangements from local road, Pearsons
Road,

‘+ The proposed development will not impact on the safe and efficient operation ofthe state-controlled
road.

‘© The proposal will not impact on stormwater drainage within the state-controlled road reserve.

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page 1 of2 POBox 1128, Maroochydore QLD 4555

 


[Attachment: image6.png (image text)]
 

 

e120 SRA

 

‘©The development application is for a material change of use fora doctor's practice.
‘+ Referral agency response issued, no requirements: 29 January 2019

Relevant material
‘+ Development application, including plans provided
‘+ State Development Assessment Provisions, version 2.4, published by the Department of State
Development, Manufacturing, Infrastructure and Planning
Planning Act 2016
tanning Regulation 2017

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f2

 


[Attachment: image7.png (image text)]
ee) NOOSA COUNCIL