SUPERSEDED - MCU12/0012.01 - Change to Existing Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	MCU12/0012.01
Your Reference:	N/A
10 June 2015

Mr CJ Marais
PO Box 1111
NOOSA HEADS  QLD  4567

Dear Sir
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On 4 June 2015, Council decided your requested changes.
Details of the decision are as follows:
application details
Application No:	MCU12/0012.01
Street Address:	298 Tablelands Road Cooran  Qld  4569
Real Property Description:	Lot 2 RP 192052
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 18 October 2012 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Home based business Type 3 - Significant Scale (Quad Bike Tours)
In relation to representations, Council on 2 November 2012 decided to:
A.	Agree to change Conditions 11 and 15(i).
In relation to a Request to Change the Existing Approval, Council on 4 June 2015 decided to:
A.	Refuse to delete Condition 16.
B.	Amend Condition 16 to align with the lapsing date of the Department of Environment & Heritage Protection permit for a Commercial Activity within Woondum National Park to read as follows:-
16.	This development approval lapses on 31 March 2018, unless application is made and approved by Council for extension.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Negotiated Decision dated 2 November 2012, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED 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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
The home-based business is limited to undertaking quad bike inductions and storage in the cleared area marked as ‘Car parking, Shed A & Shed B’ as indicated on the approved Site Plan. Quad bikes shall not be ridden outside the 800m2 bike induction area of the site, and the associated driveway leading to Tablelands Road.
The approved use must be conducted by a permanent resident or residents of the detached house, with the total number of persons associated with the approved use on the site at any one time not exceeding 10 tourists and 3 staff.
The approved use must not involve the sale of goods from the premises, nor the public display of goods visible from any point outside the premises.
Any storage of flammable and/or combustible liquids must comply with the minor storage provisions of Australian Standard AS1940 “The Storage and Handling of Flammable and Combustible Liquids”.
The total number of advertising signs provided on the site must not exceed one, having a maximum sign face area of 0.3m2 and not involving illumination or motion.
The total number of quad bike tours from the site must not exceed 2 per day, Monday to Saturday. No tours shall be conducted on Sundays and Public Holidays. The on-site inductions must not exceed a maximum of 30 minutes.
The use shall not operate outside the hours of 8:30am to 5pm, Monday to Saturday.
All tourists must be picked up by mini bus/troop carrier or the like.
The development must be provided with an approved on-site waste water treatment and effluent disposal system in accordance with PSP 24 - Effluent Disposal and have a capacity sufficient for the use. Due to the frequent accessing of the site for pump-out, portaloos are only permitted until the 30 March 2013. After this date, portaloos are not to be used.
All mechanical servicing and repair associated with the quad bikes is to be undertaken off site at an approved mechanical workshop.
Refuse storage, removal and collection facilities must be provided in accordance with the following:
Provision of 2 x 240L wheelie bins for the business use; and
Collection by service vehicles from the kerbside.
The quad bikes must have the appropriate registration permits for use on the roads, as specified by the Department of Transport & Main Roads and Queensland Police.
Prior to the commencement of the use, the applicant shall submit a Noise Management Plan (NMP), to the reasonable satisfaction of Council. This must include as a minimum:
Objective statement for the minimisation of adverse impacts upon the acoustic amenity of the environment near the quad bike site;
Names of overall responsible person and site quad bike manager for the site tourism operations;
Training details for site quad bike manager to ensure safety of patrons and minimisation of noise emissions on the training circuit, on Tablelands Road, and in the National Park. Annual training that is suitable and relevant for these requirements for each site quad bike manager is the minimum training requirement. The details and dates of the training for the site quad bike manager shall be detailed in the NMP;
Minimum competency levels for quad bike drivers to be achieved prior to departing the on-site training circuit, including method of testing prior to departure from the site;
Training and inductions for quad bike riders shall not exceed 30 minutes per tour;
Quad bike driver behaviour and site quad bike manager supervision requirements for noise minimisation during travel on Tablelands Road and in the National Park;
All riders shall be provided with a communication headset to converse and receive instructions;
Hours of operation of quad bikes training and tours to be 8.30am to 5pm Monday to Saturday;
The total number of quad bike tours from the site must not exceed 2 per day on Monday to Saturday. No tours shall be conducted on Sundays and Public Holidays;
The maximum number of quad bikes for any tour is to be limited to twelve. While a tour is in operation no other quad bikes are permitted to be operated on the training circuit or on the site;
Quad bikes are to be Kymco MXU300 (including automatic transmission, 270cc engine, governed and fitted with a suitable muffler), or equivalent to be approved by Council;
Quad bikes must be mechanically governed by an authorised mechanic to a maximum speed of 30km/hr;
Quad bikes are to be maintained in good condition. All maintenance and servicing of quad bikes that requires running of quad bike engines shall be conducted external to the site. Quad bike maintenance records, including regular mechanical servicing and inspection of muffler condition, and annual noise testing to be kept on site and provided to Council for inspection, upon request;
Maximum noise level of quad bikes to be not greater than maxL 69 dBA at 10 metres from the edge of the track when the bike is being driven around the training circuit with throttle wide open. A minimum of three laps of the training track shall be completed during each noise test per quad bike. All bikes to be tested at least once per annum. Noise levels to be measured by a suitably qualified acoustic consultant with company membership of the AAAC, or individual membership of the AAS;
If a reasonable complaint about quad bike operations is received, then Council may request additional noise testing to be conducted. Any bikes that do not comply with the maximum noise levels shall be removed from service and will not be permitted to be used for quad bike training or tours, until testing indicates compliance with the maximum noise level criteria; and
A noise complaint plan, including a standard noise complaint registration form, a publicly advertised noise complaint phone number fitted with an answering machine if not attended, and actions taken in response to a complaint to prevent the source of the complaint from re-occurring. All noise complaint records and responses to be kept on file on the site for inspection by Council, if requested.
Sunset Clause for Completion of Approved Development
This development approval lapses on 31 March 2018, unless application is made and approved by Council for extension.
ENGINEERING
Site Access and Driveways
An access driveway must be provided from the formation in Tablelands Road to the quad bike storage and induction area. The access driveway (location and formation) must be in accordance with AS/NZS 2890.1:2004 and certified by an RPEQ prior to the commencement of the use. The certification must include recommendations for the ongoing maintenance of the access location and driveway.
The property owner must maintain the access location and the full length of the access driveway in accordance with the recommendations of the RPEQ certification.
Stormwater Drainage
Stormwater runoff from the development, including bike wash down must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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.
referral agency conditions
Not Applicable
APPROVED PLANS/DOCUMENTS
The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
-	-	Site Plan - 298 Tablelands Road, Cooran, prepared by Charles Morais	Date Stamped 6/02/2012
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Not Applicable
self assessable codes
Not Applicable
submissions
There were 24 properly made submissions about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons / grounds for appoval
Not Applicable
rights of appeal
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice - 18 October 2012 Negotiated Decision Notice – 2 November 2012, with an amendment to conditions 11 and 15 (i) Changes to an Existing Approval – 4 June 2015  with an amendment to condition 16

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Encl. 	Appeal Rights

cc	Unitywater

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009
Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Lynette McAndrew	226 Tablelands Road	COORAN  QLD  4569
Andrew Symons	100 Tablelands Road	COORAN  QLD  4569
Rose Stewart, Noosa Parks Association	PO Box 836	NOOSA HEADS  QLD  4567
Didier & Jacqui Sich	2224 Old Noosa Road	COORAN  QLD  4569
Paul & Michelle Schofield	37 Brewers Road	COORAN  QLD  4569
Juliet Peters	100 Tablelands Road	COORAN  QLD  4569
Ruth Berlin	30 Tablelands Road	COORAN  QLD  4569
Andrew Webb	24 King Street	COORAN  QLD  4569
Steve Fowler	382 Tablelands Road	COORAN  QLD  4569
Tony Wellington	18 Sunrise Road	TINBEERWAH  QLD  4563
Layla Fowler	382 Tablelands Road	COORAN  QLD  4569
Christopher Lamp	301 Tablelands Road	COORAN  QLD  4569
Alan Caldwell	303 Tablelands Road	COORAN  QLD  4569
J & J Price	374 Tablelands Road	COORAN  QLD  4569
Aaron Street	398 Tablelands Road	COORAN  QLD  4569
Trevor Burke	428 Tablelands Road	COORAN  QLD  4569
Eddie Coutts	479B Tablelands Road	COORAN  QLD  4569
Michael Stevenage	479 Tablelands Road	COORAN  QLD  4569
John and Tania Broadbent	489 Tablelands Road	COORAN  QLD  4569
R & J Sharp	519 Tablelands Road	COORAN  QLD  4569
IFM & A Coats	549 Tablelands Road	COORAN  QLD  4569
Beate Czamanska	244 Tablelands Road	COORAN  QLD  4569
Reuben & Luna Steer	250 Tablelands Roads	COORAN  QLD  4569
Eliane Michel	295 Tablelands Road	COORAN  QLD  4569

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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