Decision Notice - Council Meeting Decision MCU19 0011

Officer: 		Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:		MCU19/0011
Your Reference:	18029
21 June 2019
Mr IRS McDonald Tte & Mrs CA McDonald Tte
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 June 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:
Certain small scale industrial businesses are unlikely to adversely impact on the surrounding residential uses and are generally comparable with the site’s existing use rights.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0011
Street address:	29 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 51 RP 68719, Lot 50 SP 275883
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-Undefined Industrial Business (Low Impact Industry & Service Industry) & Industrial Business Type 1 – Warehouse
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
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
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
DA-01	B	Site Plan, prepared by Paynter Dixon	25/6/15
DA-02	B	Roof Plan, prepared by Paynter Dixon	25/6/15
DA-03	B	Elevations, prepared by Paynter Dixon	25/6/15
Nature and Extent of Approved Use
The following uses are approved:
Industrial Business Type 1 – Warehouse;
Service Industry as defined by the Planning Regulation 2017; and
Low impact industry that is an industrial activity for the manufacturing, producing, processing, repairing, altering, recycling, storing, transferring or treating of products, but excludes the repairing of motor vehicles and/or small engines, panel beating, spray painting or surface recoating, metal fabrication and any Medium Impact Industry or High Impact Industry as set out in the conditions of this Decision Notice.
Activities or uses involving or requiring a permit for an Environmentally Relevant Activity (ERA) as defined by the Environmental Protection Regulation 2008 are not approved.
Any Medium Impact Industry or High Impact Industry uses as identified in Table 1 below are not approved.
TABLE 1
MEDIUM IMPACT INDUSTRY
Column 1	Column 2	Column 3	Column 4
Definition	Thresholds	Examples include	Does not include the following examples
Medium impact industry means the use of premises for an industrial activity— that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and complies with the thresholds for the activity stated in a Column 2. For example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.	Metal foundry producing less than 10 tonnes of metal castings per annum. Boiler making or engineering works producing less than 10,000 tonnes of metal product per annum. Facility, goods yard or warehouse for the storage and distribution of dangerous goods not involving manufacturing processes and not a major hazard facility under the Work Health and Safety Act 2011. Abrasive blasting facility using less than 10 tonnes of abrasive material per annum. Enamelling workshop using less than 15,000 litres of enamel per annum. Galvanising works using less than 100 tonnes of zinc per annum. Anodising or electroplating workshop where tank area is less than 400 square metres. Powder coating workshop using less than 500 tonnes of coating per annum. Spray painting workshop (including spray painting vehicles, plant, equipment or boats) using less than 20,000 litres of paint per annum. Scrap metal yard (not including a fragmentiser), dismantling automotive or mechanical equipment including debonding brake or clutch components. Manufacturing clay or ceramic products including bricks, tiles, pipes and pottery goods, less than 200 tonnes per annum. Processing, smoking, drying, curing, milling, bottling or canning food, beverages or pet food, less than 200 tonnes per annum. Vegetable oil or oilseed processing in works with a design production capacity of less than 1000 tonnes per annum. Manufacturing wooden products including cabinet making, joinery, wood working, producing less than 500 tonnes per annum. Manufacturing medium density fibreboard, chipboard, particle board, plywood, laminated board or wood veneer products, less than 250 tonnes per annum. Sawmilling, wood chipping and kiln drying timber and logs, producing less than 500 tonnes per annum. Recycling and reprocessing batteries. Repairing or maintaining boats. Manufacturing substrate for mushroom growing. Manufacturing or processing plaster, producing less than 5000 tonnes per annum. Recycling or reprocessing tyres including retreading. Printing advertising material, magazines, newspapers, packaging and stationery. Transport depot, distribution centre, contractors depot and storage yard. Manufacturing fibreglass, foam plastic, composite plastic or rigid fibre reinforced plastic or plastic products, less than 5 tonnes per annum (except fibreglass boats, tanks and swimming pools). Manufacturing PET, PETE, polypropylene and polystyrene plastic or plastic products, less than 10,000 tonnes per annum. Reconditioning metal or plastic drums. Glass fibre manufacture less than 200 tonnes per annum. Manufacturing glass or glass products, where not glass fibre, less than 250 tonnes per annum.	Spray painting and surface coating, wooden and laminated product manufacturing (including cabinet making, joining, timber truss making or wood working)	Concrete batching, tyre manufacturing and retreading, metal recovery (involving a fragmentiser), textile manufacture, chemically treating timber and plastic product manufacture, service industry, low impact industry, high impact industry, special industry
HIGH IMPACT INDUSTRY
Column 1	Column 2	Column 3	Column 4
Definition	Thresholds	Examples include	Does not include the following examples
High impact industry means the use of premises for an industrial activity— that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and complies with the thresholds for the activity stated in a Column 2. For example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.	Any use that has a threshold equal to or greater than that indicated for Medium Impact Industry and the additional examples following: Major hazard facility for the storage and distribution of dangerous goods not involving manufacturing processes. Scrap metal yard including a fragmentiser. Concrete batching and producing concrete products. Treating timber for preservation using chemicals including copper, chromium, arsenic, borax and creosote. Manufacturing soil conditioners by receiving, blending, storing, processing, drying or composting organic material or organic waste, including animal manures, sewage, septic sludges and domestic waste. Manufacturing tyres, asbestos products, asphalt, cement, glass or glass fibre, mineral wool or ceramic fibre. Abattoir. Recycling chemicals, oils or solvents. Recycling, storing or reprocessing regulated waste. Manufacturing batteries. Manufacturing wooden products including cabinet making, joinery, wood working, producing greater than 500 tonnes per annum. Abrasive blasting facility using 10 tonnes or greater of abrasive material per annum. Crematoria.	Abattoirs, concrete batching plant, boiler making and engineering and metal foundry	Tanneries, rendering plants, oil refineries, waste incineration, manufacturing or storing explosives, power plants, manufacturing fertilisers, service industry, low impact industry, medium impact industry
Any display and retail sale of goods must remain an ancillary component to the approved use and must not exceed 20% of the gross floor area.
The eastern courtyard area adjacent to the residential use must not be used for the industrial operation or storage and is not approved as use area.
Hours of Operation
With the exception of the existing dry cleaning operation, hours of operation must not occur outside of 7am to 6pm Monday to Friday and 7am to 12pm Saturday.
Noise
Noise from operations must be kept to a minimum achieving a level no greater than 5 dB(A) above the ambient background noise level at any time.
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and must not exceed the ambient background noise level plus 5 dB(A).
Where a complaint (other than a frivolous or vexatious complaint) is made to Council about noise from the development, Council may require the operator or site management entity to have a suitably qualified person* undertake a Noise Impact Assessment (NIA) in accordance with the Environmental Protection (Noise) Policy 2008.
Noise monitoring for the NIA must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person* in accordance with accepted guidelines and standards.  The NIA must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with noise limits outlined in this Decision Notice.
*For the purpose of measuring and certifying relevant noise conditions and reporting a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Environmental Health
No release of odour or visible contaminants to the environment that will or may cause an environmental nuisance is permitted. This includes dust, smoke, fumes and aerosols.
Hazardous materials must be elevated to achieve 300mm freeboard above the defined flood event for the site.
Outdoor Lighting
Any outdoor lighting must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Carparking and Access
The 8 carparking spaces on site must remain available for vehicle parking at all times and must not be obstructed by any means either permanent or temporary.
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:
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.
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 Work
submissions
Not applicable.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Approved Plans/Documents

	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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