SUPERSEDED - Minor Change Existing Approval MCU17 0024.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU17/0024.01
Your Reference:	n/a
22 May 2020
Sunshine Beach Surf Life Saving Club Inc
PO Box 295
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 April 2020, requesting a minor change to an existing development approval. Council on 21 May 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU17/0024.01
Street address:	Sunshine Beach Slsc 4 The Esplanade Sunshine Beach
Real property description:	Lot 5 SP 269274
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 19 October 2017
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation, amusement and fitness
In relation to the request to make a minor change to the existing approval, Council on 21 May 2020, decided to approve the requested changes. The changes are detailed below.
A.	Approve a change to condition 8
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU17/0024) took effect.

assessment manager conditions
PLANNING
When Conditions must be Complied With
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.
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
0000	A	Cover Page, drawn by Andrew Bock Architecture	February 2017
1002	B	Proposed Site Plan, drawn by Andrew Bock Architecture	March 2017
1003	B	Proposed Site Plan – Aerial Photo, drawn by Andrew Bock Architecture	March 2017
1004	B	Proposed Roof Plan, drawn by Andrew Bock Architecture	March 2017
1005	B	Proposed Upper Floor Plan, drawn by Andrew Bock Architecture	March 2017
1006	C	Proposed Ground Floor Plan (from IR response) , drawn by Andrew Bock Architecture	July 2017
1007	A	Proposed Lower Floor Plan, drawn by Andrew Bock Architecture	March 2017
1008	B	Proposed Landscape Plan, drawn by Andrew Bock Architecture	March 2017
2001	B	Proposed Elevations, drawn by Andrew Bock Architecture	March 2017
2002	B	Proposed Elevations, drawn by Andrew Bock Architecture	March 2017
2003	B	Proposed Sections A & B, drawn by Andrew Bock Architecture	March 2017
2004	B	Proposed Sections C & D, drawn by Andrew Bock Architecture	March 2017
2005	B	Proposed Sections E & F, drawn by Andrew Bock Architecture	March 2017
3001	A	Perspective Views North and North West, drawn by Andrew Bock Architecture	February 2017
3002	B	Perspective Views West and South West, drawn by Andrew Bock Architecture	March 2017
3003	A	Perspective Views East and North East, drawn by Andrew Bock Architecture	February 2017
3004	A	Perspective Views View to Entry and Deck Lounge, drawn by Andrew Bock Architecture	February 2017
3005	B	Aerial View showing Height line, drawn by Andrew Bock Architecture	March 2017
3006	B	Views showing Height line, drawn by Andrew Bock Architecture	March 2017
4001	A	Colours and Textures of Sunshine Beach, drawn by Andrew Bock Architecture	February 2017
4002	A	Proposed Material Palette, drawn by Andrew Bock Architecture	February 2017
Building Height
The maximum height of the development must not exceed 11 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building appearance
Roof materials must be non-reflective and the building must be finished with muted earth tones to minimise the visual impact of the development and blend in with the sites natural setting, and be in accordance approved plan 4001 & 4002 Revision A, drawn by Andrew Bock, dated February 2017.
The building must be finished in a mix of light-weight materials reflective of the sites natural setting and be in accordance with approved plan 4002 Revision A, drawn by Andrew Bock, dated February 2017.
Noise
All amplified noise at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed the following:
between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus adjustments for tonal and impulse components, exceeding the background level LA90 by more than 10dB(A);
between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band with centre frequencies from 63HZ to 2000HZ, exceeding the background level LOCT90 by more than 8dB in any octave band.
Condition 8 i and ii shall apply for 12 months commencing 22 May 2020, unless further extended by Council in writing. After that time if not extended by Council in writing condition 8 iii and iv shall apply:
Noise emanating from the premises including amplified or non-amplified noise and patron noise prior to 10.00pm must not exceed 90dBC, fast response, when measured approximately 3 metres from the source of the noise; and
Noise emanating from the premises including amplified or non-amplified noise and patron noise after 10.00pm must not exceed 85dBC, fast response, when measured approximately 3 metres from the source of the noise.
The sound limiting device is to have a locking mechanism, which is to be locked at all times except for inspection or maintenance work on the device.
Access to the sound limiting device, except for maintenance work, is restricted to the licensee, nominee and the person in charge of the premises at the time.
The sound limiting device must be checked and if necessary calibrated by a qualified acoustic engineer at least every 12 months to ensure compliance with the conditions of the license. Evidence of the sound limiting device calibration must be made available to an investigator or police on request.
Air-conditioning and refrigeration plant noise levels must not exceed the following:
Between 10.00pm and 7.00am no more than 3dB(A) above the background level; or
Between 7.00am and 10.00pm no more than 5dB(A) above the background level
Delivery vehicles and deliveries must not be audible:
On a business day or Saturday, before 7.00am or after 7.00pm
On any other day before 8.00am or after 7.00pm
Hours of Operation
The use may operate 7 days a week from 10am to 12am (with the exception of New Year’s Eve where it may operate until 2am). The outdoor dining area is not to be utilised after 10pm.
Car Parking
The existing carparking area adjacent to the surf club building must be upgraded.  The works must be generally in accordance with drawing number 1006 Revision C prepared by Andrew Bock Architecture and undertaken in accordance with an Operational Works approval and must include in particular:
detail to demonstrate that sufficient area is provided for delivery/service vehicle movements including clearances;
materials and surface treatments to prioritise pedestrian movements and other “shared” areas;
signage to designate pedestrian paths, shared areas and vehicle movement areas;
bollard and seating design and other surface treatments in accordance with Council’s “look and feel” (Council’s design principles and local colour palette);
detail to clearly indicate stormwater drainage paths;
a reconfiguration of the carparking access, aisles and spaces to improve performance.
Car parking in Webb Road must be upgraded to provide 4 additional on street car park spaces and include in particular provide:
filling, roadworks and drainage works;
linemarking;
dimensions and grades in accordance with AS/NZS2890.1:2006.
The proposed works are to be undertaken in accordance with an Operational Works approval. The works must be generally in accordance with drawing number 16636-SK01 Revision A prepared by TOD Noosa.
Paving Treatment of Vehicle Movement Areas
Alternative materials, surface patterns, or threshold treatments must be used to articulate the pavement treatment of vehicle movement areas, shared areas and pedestrian paths.
A Construction Management Plan for the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any Building works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Construction Management Plan shall include but not be limited to:
site working hours;
communication and consultation processes with surrounding premises;
control and suppression of –
noise
vibration;
dust;
odours and exhausts control; and
site working hours
employee and contractor induction and education processes.
A Traffic Management Plan for each separate construction phase of the development must be submitted to and approved by Council at least 5 working days prior to the commencement of any works or at least 5 working days prior to the pre-start meeting for Operational Works.  The Traffic Management Plan must include but not be limited to:
limiting the routes for the heavy vehicles to the major road network and define the route to the site;
indicate provision for on-site and off-site parking and shuttle buses (if required) for the required workforce;
indicate the location of loading and unloading areas;
indicate the location of any “holding” areas for heavy vehicles;
operating hours.
Construction staff must not park within the Council carparks in Belmore Terrace, Duke Street, Webb Road or any other surrounding street.  Parking must either be on site or at a suitable off-site location serviced via a shuttle bus.  Details must be included in the Traffic Management Plans for the site.
Bicycle/Scooter Provision
Four bicycle racks (capable of accommodating 8 bikes) and 4 scooter spaces must be provided on site at the rear of the building. The works must be undertaken in accordance with an Operational Works approval and clearly shown on the plans for carparking.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Connection of any new works on site and in the carparking area to the existing stormwater drainage system;
The works in Webb Road must be generally in accordance with drawing number 16636-SK01 Revision A prepared by TOD Noosa and include sufficient detail:
To quantify the catchment and calculate runoff to the proposed inlet and define overland flow component bypassing the inlet in a 1% AEP event
To demonstrate improved inlet capture
To demonstrate how the adjacent 1in 4 fill batter is to be stabilised to avoid scour when flows bypass the proposed inlet
To demonstrate that cars parked in the adjacent carparking spaces will not be flooded in a 1% AEP event
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the Geotechnical Report for the development and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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
The development site must be landscaped.  The works must be undertaken in accordance with Planning Scheme Policy 3 – Landscaping Plants and Guidelines for that specific area and must include in particular the works shown on the Approved Plans.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A “no clearing zone” must be established and maintained over the existing vegetation on the subject site. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
reasons for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
1.	The proposed Entertainment & Dining business Type 1 Food & Beverage use is associated with the Surf Club use.
2.	The proposed development seeks to redevelop the existing surf club, will maintain the same footprint and will result in a significantly improved facility for residents and visitors to Sunshine Beach.
3.	The proposal will result in improvements to existing on street carparking and pedestrian access pathways in the area, improving access to carparking and safety for pedestrians.
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:
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Other
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
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	Carparking, earthworks/retaining walls, stormwater, landscaping
Development Permit for Building Works	All building work
submissions
Not Applicable
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
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
DECISION NOTICE HISTORY
Original Decision Notice – 19 October 2017.
Decision Notice - Minor MCU17/0024.01 – 21 May 2020, with an amendment to condition 8

	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

[word/footer2.xml]
Page 9 of 9

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 9

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL