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Decision Notice - Minor Change - 51997 2399 02 [As Published] · 51997.2399.02
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: 51997.2399.02
Your Reference: n/a
1 December 2023
D Sachs & P Sachs
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 10 October 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51997.2399.02
Street address: Riverside Noosa 3/235 Gympie Terrace, Noosaville
Real property description: Lot 7 SP 116711
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 10 September 1998 – TC.
• Development Permit for Material Change of Use of Premises – Multiple Dwellings (8 Units)
& Shops, Restaurant & Outdoor Dining Areas
In relation to the request to make a minor change to the existing approval, Council on 29 November
2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend conditions 26 and 27; and
C. Include additional condition 28.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Building
1. Submission to and approved by Council of building Plans in accordance with the Building
Act, Council’s By-Laws and Policies, the conditions of this approval and substantially in
accordance with plans 9711 SK 01P7 and the Shire of Noosa Planning Scheme apart from
where amendments are required or dispensations have been granted in conjunction with this
approval.
2. The plans submitted for building works are to comply with the following requirements:-
2.1. Detail the elevations of the building adjacent to Gympie Terrace as per option 1 drawn
by Greg Gibbs Architect April 1998.
2.2. Provide landscaping open spaces in accordance with Planning Scheme requirements.
The applicant is to note that the area approved for outdoor dining and associated ramps
is not included as part of any calculations of landscaped open space.
2.3. Openings is the eastern wall of the building within 3 metres of the side boundary of the
property will need to be protected from the boundary by appropriate fire rated
construction. This includes toilet doors, rear door to shop and door to store room.
3. Construction work and other associated activates are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays except where
extended hours are approved by the Building Surveyor.
Health
4. Submission of two (20 sets of professionally drawn scale plans in compliance with Council’s
Code controlling food establishments for approval by Council’s Environmental Health Officer,
for any food premises proposed to be included in the development Approval is to be obtained
prior to fitting out the building.
5. An annual licence is to be obtained under the Food Hygiene Regulations of 1989 from
Council’s Health Department.
6. Provision of approved refuse containers in accordance with requirements of the
Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of
refuse to the satisfaction of Council’s Environmental Health Officer.
7. Provisions of an imperviously paved area to accommodate all refuse and recycling
containers to the reasonable satisfaction of Council’s Environmental Health Officer. This area
is to be aesthetically screened from any road frontage or adjoining property boundary and is
to be set back a distance of two (2) metres from and road frontage. A suitable hosecock,
hoses and approved drainage outlet to Council’s Sewer, are to be located in the vicinity of
the refuse container area for washing containers.
8. A Trade Waste Permit is required for this business. The Completed application together with
a fee of $125.00 and two (2) sets of professionally drawn plans showing the Trade Waste
requirements in accordance with the Noosa Trade Waste Policy are to be submitted to
Council. Approval is to be obtained prior to the commencement of any construction
associated with this development.
9. Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s
Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws
prior to such letting.
10. The swimming pool shall be licensed annually with the Council’s Health Department in
accordance with the provisions for Chapter 42 of Council’s By-Laws.
11. Swimming pool or spa pumps are to be located in a manner which prevents noise disturbance
beyond the subject land.
12. In regards to the rest room, the applicant is to provide separate toilet facilities for patrons, in
addition to staff toilet facilities in accordance with the Building Code of Australia.
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13. All refrigeration plan, including motors, shall be situated within the building or suitably
provided with noise reduction and shall be located as to prevent disturbance beyond the
subject land.
14. Airconditioning units shall be located in a manner which prevents noise disturbance beyond
the subject land.
15. All reasonable precautions shall be taken to ensure that the proposed use does not interfere
with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, vapour,
steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
Engineering
16. The developer must provide at least 22 off-street car parking spaces, comprising 8 covered
spaces and 14 uncovered spaces, and access thereto which are to be provided with a sealed
pavement.
17. The developer is to abide by the Department of Main Roads requirements in that all vehicular
access is to be taken from Elisabeth Street.
18. All separate, adjoining lots the from part of this application are to be amalgamated into one
undivided lot in accordance with Section 5.11 of the Local Government (Planning and
Environment) Act, Prior to the issue of a Building Approval.
19. The developer shall bear the cost of alteration of by public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
20. Connection to Council’s existing water supply and sewerage reticulation systems at the
developer’s expense to the standards and requirements for Council’s Shire Engineer.
21. The developer shall pay contributions in accordance with Council’s Policy on Water Supply
Headworks Contributions and Sewerage Headworks Contributions. An estimate only of the
charges as at July 1998, under the current policy is as follows:-
Water Supply $13,009
Sewerage $15,135
TOTAL: $28,144
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council’s policy.
Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives:-
21.1. Payment to be made prior to the issue of a Development Permit for building works in
the amount calculated under the Policy at the date; or
21.2. Payment may be deferred to a date:-
21.2.1. prior to Council sealing plans of the development for titling purposes;
21.2.2. prior to the issue of a Certificate of Classification for any building works; or
21.2.3. prior to commencement of the approved use at the relevant premises;
whichever is sooner. Payment of deferred headworks contributions shall also be subject to
the following requirements:-
21.2.4. payment of a bonding fee in the amount of $150 and submission of a
trading bank guarantee to the value of the headworks assessed at the time
of submission, plus 20%, prior to the issue of a Development Permit for
building works;
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21.2.5. headworks shall be calculated as the value of headworks assess at the
ordinarily due time of payment, plus interest charged at the rate set by the
Queensland Treasury Corporation for Local Government borrowings as
they apply to Noosa Shire. The interest rate used shall be the rate current
at the “time prescribed” above;
21.2.6. should the contributions no be paid at the due time, Council shall call upon
the securities lodged; and
21.2.7. in the case of a Development Permit for building works, if a permit expires
the securities will be returned.
22. The developer shall provide metered water connections from the water supply system to the
proposed development, in accordance with Council’s standards and to the satisfaction of the
shire Engineer.
23. The footpath across the Gympie Terrace frontage of the site is to be fully paved from the
kerb and channel to the property alignment, and landscaped to the satisfaction for the Shire
Engineer. The pavement is to be designed and constructed to ensure pedestrian safety using
non-slip materials and to produce an evenly graded surface finish. The developer is to match
the existing brick footpaths already constructed in Gympie Terrace. In addition, the developer
is to remove the existing vehicle crossover located in Gympie Terrace, and reinstate the kerb
and channel to the satisfaction of the Shire Engineer,
The developer is to construct a 1.2 metre wide concrete footpath in the Elizabeth Street
frontage of the site. The forming, grassing and tip soiling of the remaining areas of the verge
are to be completed to the standards and requirements of the Shire Engineer. A meandering
footpath is desirable.
24. The site is to be filled to the levels nominated by the Shire Engineer to provide adequate site
drainage. Floor levels for all buildings and other structures and car park areas are to be in
accordance with the requirements of the Shire Engineer. A Building Approval shall not be
granted until the Shire Engineer has approved all levels. Fill and floor levels will be provided
on application to the Council’s Engineering Department. Any filling works undertaken on the
site shall be carried out in accordance with Section 3.8 of Council’s “Engineering Design
Standards” manual so as not to cause the ponding of water on any adjoining lands or the
blockage of, or interference with, any natural watercourses. No earthworks or filling works
are to be undertaken until issue of a Building Approval.
25. Roof and surface water is to be collected on site and is to be discharged through a signle
underground drain line into existing drainage in Gympie Terrace and/or Elizabeth Street to
the satisfaction of the Shire Engineer. A Building Approval shall not be granted until the Shire
Engineer has approved of the drainage scheme.
Approved Plans
26. Development is to be undertaken in accordance with this change to existing approvals
51997.2399.01 & 51997.2399.02 must generally comply with the approved plans of
development. The approved plans relating to the development and Unit 3 & 4 are listed in
the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Level 3 Plan, prepared by Greg Gibbs 16 November 2022
Architects (amended by Brennan Planning Pty (received by Council)
Ltd) (Unit 4)
- - Elevation Plan, prepared by applicant (Unit 4) 5 September 2022
(received by Council)
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Level 3 Plan, prepared by Greg Gibbs 10 October 2023
Architects (amended by Brennan Planning Pty
Ltd) (Unit 3)
Elevation Plan, prepared by applicant (Unit 3) 10 October 2023
27. The approved awnings associated with Units 3 & 4 must be contained within the curtilage of
the building and are not to project beyond the existing balconies.
28. The awning above the balcony on Unit 3 must be lightweight, retractable and blend with the
existing buildings façade.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
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Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 10 September 1998.
• Decision Notice - Minor – 51997.2399.01 – 9 December 2022, include additional conditions 26 & 27.
• Decision Notice – Minor – 51997.2399.02 – 29 November 2023, with amendment to conditions 26 & 27 and additional condition 28.
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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.
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