Original source · versioned page text
Minor Change Existing Approval 51988.2770.02
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: 51988.2770.02
Your Reference: 0642
23 September 2024
Noosa Shire Council
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 May 2024, requesting a minor change to an existing
development approval. Council on 19 September 2024, decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51988.2770.02
Street address: Noosa District Sports Complex
31 Butler St, Tewantin Qld 4565
Real property description: Lot 372 MCH 3843
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 15 September 1988 – TPC 2101
• Development Permit for Material Change of Use of Premises - Indoor Entertainment
In relation to the request to make a minor change to the existing approval, Council on 19 September
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2 and 9.
C. Include additional conditions 17-38.
D. Include Advisory Notes 1-6.
3. CURRENCY PERIOD OF APPROVAL
Not applicable
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
1. Deleted
2. A minimum of 68 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is in operation. The works must be
generally in accordance with the approved plans and the Noosa District Sports Complex
Master Plan 2020-2030. The carparking area must be:
a. constructed with a suitable safe surface,
b. carspaces and access aisles must be suitably delineated, and
c. sealed as part of the subsequent stages of the Noosa District Sports Complex Master
Plan 2020-2030.
3. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
4. Existing trees are to be retained, except where required to be removed due to building
operations or the conduct of the approved use.
5. Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to
Saturday and no construction work is permitted on public holidays, except where extended
hours are approved by the Building Surveyor.
6. Deleted
7. Deleted.
8. Deleted
9. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The stormwater drainage system
must be generally in accordance with the Noosa District Sports Complex Master Plan 2020-
2030 and a whole of site stormwater management plan.
10. Deleted
11. Deleted
No objections to the proposal were lodged with Council as a result of the advertising of the
application. Please find attached copies of parts of the Local Government Act which outline appeal
rights in relation to Council's decision.
Additional Conditions 12 – 16: 12 May 2022 for Clubhouse
When Conditions must be Complied With
12. 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.
Nature and Extent of Approved Use
13. Noise generating actives must be limited to between 7am and 9.30pm.
14. The development must be undertaken in a manner that causes no unlawful environmental
nuisance under the Environmental Protection Act 1994 by the creation of excessive noise,
lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the
environment.
Building Height
15. The maximum height of the development must be in accordance with the approved plans.
Page 2 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 3
Approved plans
16. 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
DD.03 G Site Plan, prepared by Black Wood Architecture & 08/04//2022
Design
DD.04 G Stage 1 Ground Floor Plan, prepared by Black 08/04/2022
Wood Architecture & Design
DD.05 G Stage 1 Roof Plan, prepared by Black Wood 08/04/2022
Architecture & Design
DD.06 G Stage 1 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.07 G Stage 1 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.08 G Stage 1 Sections, prepared by Black Wood 08/04/2022
Architecture & Design
DD.10 G Stage 2 Ground Floor Plan, prepared by Black 08/04/2022
Wood Architecture & Design
DD.11 G Stage 2 Roof Plan, prepared by Black Wood 08/04/2022
Architecture & Design
DD.12 G Stage 2 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.13 G Stage 2 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.14 G Stage 2 Sections, prepared by Black Wood 08/04/2022
Architecture & Design
DD.15 G Stage 3 Ground Floor Plan, prepared by Black 08/04/2022
Wood Architecture & Design
DD.16 G Stage 3 Roof Plan, prepared by Black Wood 08/04/2022
Architecture & Design
DD.17 G Stage 3 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.18 G Stage 3 - Elevations, prepared by Black Wood 08/04/2022
Architecture & Design
DD.19 G Stage 3 Sections, prepared by Black Wood 08/04/2022
Architecture & Design
Page 3 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 4
DD.20 G Image 1, prepared by Black Wood Architecture & 08/04/2022
Design
DD.21 G Image 2, prepared by Black Wood Architecture & 08/04/2022
Design
Additional Conditions - 19 September 2024 (51988.2770.02)
Approved plans
17. 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
A01-00 H Site Plan – Demolition prepared by Paynters 15/04/24
A01-01 H Site Plan – Proposed prepared by Paynters 15/04/24
Annotated by Council
A02-00 G Floor Plan prepared by Paynters 12/04/24
A02-02 G Roof Plan prepared by Paynters 12/04/24
A04-00 G External Elevations – Eastern and Western prepared by 12/04/24
Paynters
A04-01 G External Elevations – Northern and Southern prepared by 12/04/24
Paynters
Annotated by Council
A05-00 G Building Sections prepared by Paynters 12/04/24
Building appearance
18. Buildings and structures incorporate colours and textures that blend with and complement
the natural setting through low reflective surfaces and timbers that can fade to grey without
requiring high maintenance. Colours and materials shall be chosen to blend well with the
colours and hues of the surrounding vegetation and landscape without causing glare or
reflection in the violet, blue, green and yellow green side of the spectrum as well as greys or
browns including low gloss metal finishes.
19. The eastern elevation must not consist of a broad expanse of a single colour and must be
broken up using varied colours and lightweight textured materials
20. Vandal resistant paint must be incorporated into the finish of the building.
21. The building must include rainwater capture and reuse suitably designed for the roof size
and number of toilets.
Site Access and Driveways
22. An access driveway must be provided from McKinnon Drive to all parking and manoeuvring
areas of the development. The works must be generally in accordance with the Noosa District
Sports Complex Master Plan 2020-2030.
Page 4 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 5
Earthworks and Retaining Walls
23. All earthworks and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
24. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
25. 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:
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.
Landscaping Works
26. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved building. In this regard, the removal of vegetation must not
extend beyond 3 metres of the building footprint.
27. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
28. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
29. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan for that specific area and must include:
a. provision of dense screen planting for a minimum length of 60m along the Mckinnon
Drive frontage (west of the Sports Complex Entrance) to screen the building from
Mckinnon Drive, in accordance with Planning Scheme Policy PSP2 – Landscaping.
b. Landscape screening provided in the areas identified on the Council annotated plan.
The landscaping is to incorporate trees, shrubs and ground covers capable of
screening the built form at maturity. The species must be selected in accordance with
Planning Scheme Policy 2 – Landscaping.
30. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Demolition
31. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
32. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
Page 5 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 6
33. A waste management plan, in accordance with the requirements of Planning Scheme Policy
PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the
development permit for building works.
34. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan.
35. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
36. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
37. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work.
38. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by 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).
5. REFERRAL AGENCIES
Not Applicable
6. ADVISORY NOTES
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Demolition
2. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2018 and the Environmental Protection
Regulation 2019.
NOTE: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
3. 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.
4. The ‘Plumbing and Drainage Regulation 2019’ states that at demolition or removal of a
building requires the existing sanitary drain upstream from the connection point for a service
provider’s sewerage system must be sealed water tight. This work is deemed as Notifiable
Work and must be carried out by a suitably licenced plumber who shall 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.
Page 6 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 7
5. The ‘Plumbing and Drainage Regulation 2019’ states work necessary for installing, replacing
or removing a testable backflow prevention device is included work for Notifiable Work.
Removal must be carried out by a suitably licenced plumber who shall submit a Form 9
(Registration & Report on Inspection and Testing of Backflow Prevention Devices) and Form
4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission)
within 10 days of completing the work. Notification to Council once works and document
submission is complete allows removal of backflow prevention devices from Council’s
backflow register.
6. All activities associated with the removal or demolition must be contained within the property
boundaries at all times with site gateways opening inwards and at approved locations only.
If the works cannot be contained within the site, a road and footpath permit must be applied
for.
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 Building Works All building work.
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 on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager, Development Assessment
Development & Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
Page 7 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 8
• Original Decision Notice – 15 September 1988.
• Decision Notice - Minor 51988.2770.01 – 12 May 2022; Delete
conditions 1, 6, 7, 8, 10 and 11 and include additional conditions
12 – 16.
• Decision Notice – Minor 51988.2770.02 – 19 September 2024,
amend conditions 2 & 9, include additional conditions 17-38;
include Advisory Notes 1-6.
Page 8 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024
Page 9
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.
Page 9 of 9
Document Set ID: 23255088
Version: 4, Version Date: 23/09/2024