Decision Notice - Council Meeting Decision MCU18 0114

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	MCU18/0114 :
Your Reference:	n/a
17 May 2019
Pegasus PT
PO Box 296
TEWANTIN  QLD  4565
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 May 2019, Council decided to approve the application, subject to conditions.
In approving the application Council found the following grounds to justify the decision despite the conflict with The Noosa Plan:
1.	Gyms (fitness centres) are generally floor area intensive and require tenancies that are most readily found in the Industrial Zone;
2.	Some sport and recreational uses are accepted in the Industry zone given the limited potential impacts of sport and recreation uses; and
3.	The fitness centre is of a similar size and scale to other approved Entertainment & Dining Business’s Type 2 within the Noosaville Industrial area.
Council also resolved to advise that the existing unapproved building addition along the northern boundary must be removed to provide access to the rear carpark within 90 business days of the Operational Works approval date, unless further agreed in writing to Council.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0114
Street address:	33 Rene St Noosaville Qld 4566
Real property description:	Lot 52 RP 187152
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness – (Gym)
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
1.	Unless otherwise stated, all conditions of this Decision Notice must be complied with, 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. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A103	A05	Site Plan, drawn by Collins Building Designs	28.03.2019
A105	A05	Ground Floor Plan, drawn by Collins Building Designs	28.03.2019
A106	A05	Vehicle Manoeuvrability Plan, drawn by Collins Building Designs	28.03.2019
A107	A05	Upper Floor Plan, drawn by Collins Building Designs	28.03.2019
A201	A05	North & East Elevations, drawn by Collins Building Designs	28.03.2019
A202	A05	South & West Elevations, drawn by Collins Building Designs	28.03.2019
Nature and Extent of Approved Use
3.	Classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
4.	Classes must be limited to no more than 8 clients at any one time.
5.	The total number of employees on the site at any one time must not exceed 2.
6.	The approved use must not operate outside the hours of 5:00am to 7:00pm Monday to Friday and 6:30am to 9:00am Saturday.
Carparking and Access
7.	The 7 client car parking spaces at the rear of the site and the 2 staff car parking spaces at the front of the site must be line marked and maintained as per the approved plans, for the life of the development.
Bicycle Parking
8.	Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be located inside the building or in the landscaped area. If located within the landscaped area, bicycle parking facilities must not appear as a dominating feature of the site landscaping.
Landscaping
9.	A minimum of 15% of the site must be retained as landscaped area.
10.	Landscaping of the site is to be carried out in accordance with a Development Permit for Operational Works. An application for Operational Works must be submitted to Council within 60 business days of the approval date and must be carried out on the site within 90 business days of the Operational Works approval date, unless further agreed in writing by Council. The landscaped areas must be in accordance with the approved site plan and Planning Scheme Policy PSP03 Landscaping plants and guidelines.
Noise
11.	Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1 and 2.
Table 1 – Monday to Friday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
5am – 7am	Inaudible
7am – 7pm	Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
5am – 7am	Background noise level plus 8 dB(A)
7am – 7pm	Background noise level plus 10 dB(A)
Table 2 - Saturday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
6:30am – 7am	Inaudible
7am – 9am	Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
6:30am – 7am	Background noise level plus 8 dB(A)
7am – 9am	Background noise level plus 10 dB(A)
Amenity
12.	The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
13.	Any advertising sign or device must comply with Council’s policies on advertising.
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:
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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 Operational Works	Landscaping
Development Permit for Building Works	All building works (Building additions, alterations and internal fit out (including mezzanine))
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,

Billy Glover
Development Planner

Enc:	List of Submitters
Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Bruce Whittaker	[email protected]	140 Ernest St	Manly Qld 4179

	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