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Minor Change Existing Approval 132000 200039 1 {As Published}

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                                                             Officer:            Samuel Osakwe
                                                             Direct Telephone:   07 53296316
                                                             Our Reference:      132000.200039.1
                                                             Your Reference:     002806

               14 August 2024


               EFM Health Clubs Noosaville
               C/- RG Strategic Australia
               PO Box 1818
               NOOSA HEADS QLD 4567
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 13 May 2024, 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:              132000.200039.1

                   Street address:              2/7-9 Gibson Rd Noosaville Qld 4566

                   Real property description:   Lot 2 SP 127822 SP 127822

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 14 October 1998
               •       Development Permit for Material Change of Use for a Showroom and Professional Offices.
               In relation to the request to make a minor change to the existing approval, Council on 9 August
               2024, decided to approve the requested changes. The changes are detailed below.
                     A.    Approve the change
                     B.    Change the approved use to: Indoor Entertainment (Martial Arts Studio and Fitness
                           Centre)
                     C.    Include additional conditions 1 – 5.
               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 4
Document Set ID: 23179803
Version: 2, Version Date: 14/08/2024
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               4.     ASSESSMENT MANAGER CONDITIONS

               Approved Plans
               1.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.               Rev.   Plan/Document Name                           Date

                        Issue A                       Leffler Simes
                                                                 - Architects                      August 98

                        AO1                           Location Plan
                                                                 - prepared by RG Strategic        10 May 2024

                        AO2                           Proposed Layout
                                                                -     prepared by RG Strategic 10 May 2024

                      Nature and Extent of Approved Use
               2.     Classes for the martial arts studio and fitness centre must be primarily held outside typical
                      retail hours of 9am – 5.30pm, 7 days a week.
               3.     The maximum number of persons attending a class any one time must not exceed:
                      a.      15 students per class for the martial arts studio
                      b.      10 persons per class for the fitness centre
               4.     All amplified music be kept to a level that is not audible to nearby or adjoining tenancies or
                      nearby residents.
               5.     Class instructors are not permitted to use any equipment to amplify their voice.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               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.




                                                                                                         Page 2 of 4
Document Set ID: 23179803
Version: 2, Version Date: 14/08/2024

Page 3

               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,




               Andrew Gaffney
               Senior Development Planner



               Enc:     Appeal Rights
                        Approved Plans



               DECISION NOTICE HISTORY
               •     Original Decision Notice – 14 October 1998

               •     Decision Notice - Minor 132000.200039.01 with additional conditions 1 -5.




                                                                                                      Page 3 of 4
Document Set ID: 23179803
Version: 2, Version Date: 14/08/2024

Page 4

                                                                              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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Document Set ID: 23179803
Version: 2, Version Date: 14/08/2024

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