Decision Notice - Council Meeting Decision MCU18 0157

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU18/0157
Your Reference:	n.a
24 June 2019
Boiling Pot Brewery
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[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:
Council find that the brew café is ancillary and complementary to the primary industrial use on site and will not adversely impact on industrial uses in the area.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0157
Street address:	130 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 6 RP 173876
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 Industrial Business - Type 2 Production, alteration, repackaging and repairing (Brewery) & Entertainment & Dining Business - Type 3 Bar (Brew Cafe/Bar)
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 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
TP 1.00	B	USE PLAN - Site Plan, prepared by Sparks Architects	15.03.2019
TP 1.01	A	USE PLAN - Ground Floor Plan, prepared by Sparks Architects	22.02.2019
TP 1.03	A	USE PLAN - Mezzanine Floor Plan, prepared by Sparks Architects	22.02.2019
TP 1.03		Proposed Roof Plan, prepared by Sparks Architects	14.09.2018
TP 2.00		Proposed Elevations, prepared by Sparks Architects	14.09.2018
TP 2.01		Proposed Elevations, prepared by Sparks Architects	14.09.2018
Nature and Extent of Approved Use
All staff associated with the brewery use, including administration staff, must finish no later than:
i.	5pm Monday to Friday; and
ii.	Midday Saturday and Sunday
The use area of the Entertainment and Dining Business is limited to:
i.	Inside: 75m²;
ii.	Outside: 55m² and
iii.	Kitchen and Bar as shown on the approved plans
The Entertainment and Dining Business must operate only in association with the approved industrial use on site and must not operate outside the following hours:
i.	Monday to Friday: 5pm to midnight; and
ii.	Saturday and Sunday: 12pm to midnight
The mezzanine level must not be used for functions or by patrons of the Entertainment and Dining Business.
Brewery tours are limited as follows:
Only one brewery tour may be conducted on site at any time;
A maximum of  12 patrons may attend a brewery tour;
Patrons must arrive by courtesy bus (maximum 12 seats) which is able to be parked onsite within a car space;
Brewery tour patrons must not be permitted to use the outside terrace before:
i.	5.00pm Monday to Friday; and
ii.	Midday Saturday and Sunday
The approved uses must not cause nuisance as a result of noise emission.
Entertainers or speakers used to amplify noise must not be located in any outdoor, verandah, patio, footpath or beer garden area of the premises.
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. 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.
Advertising Devices
The total amount of signage for the subject site must comply with the Advertising Devices Code.
Bicycle Parking and End of Trip Facilities
The proposal must provide 5 bicycle spaces, 2 lockers and 1 shower cubicle.
Service Equipment
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary; and
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
Landscaping Works
The development site must be landscaped prior to the commencement of use. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
The landscape areas generally shown on reference document Landscape Area Plan prepared by Sparks Architects dated 14-09-2018, with the exception of the area immediately west of the building
The retention of existing trees on site and street trees.
Sub-terrain tree planting area demonstrating at least 4m³ area of structured soils per tree is available for root growth and is not subject to compaction.
Details of any signage proposed to be located within areas identified for landscaping.
The area shown as a ‘Kids Garden Play Area’ on the USE PLAN -  Site Plan, prepared by Sparks Architects TP 1.00 Rev. A and dated 22.02.2019 must be landscaped and not developed as a ‘Kids Garden Play Area’.
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.
ENGINEERING
Access Driveway
The access driveway to the site must be reconstructed in accordance with an Operational Works approval and engineering design prepared by a suitably qualified RPEQ (Registered Professional Engineer Queensland), and must include in particular:
A driveway crossover generally in accordance with standard drawing RS-051
A driveway minimum width of 5.0m at boundary and 6.5m at the kerb line, unless approved otherwise by Council
A clearance of 1.0m from existing power pole unless approved otherwise in writing by Energex
A clearance of 1.0m from any existing or proposed kerb inlet lentil unless approved otherwise by Council
Any required stormwater works to modify, replace or relocate existing stormwater infrastructure
Car Parking
The carparking must be upgraded and line-marking generally in accordance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
11 car parking spaces and 4 scooter parking spaces must and made accessible during operation hours
2 staff parking spaces within the total
1 parking space for people with disabilities, and clearly marked for that purpose
4 scooter parking spaces with clearly marked access aisle to prevent conflict with parked vehicles
Loading zone and service vehicle/s parking, manoeuvring and standing area clearly lined marked and posted
Parking spaces to be sufficiently sign posted and line marked to specify their use (eg staff parking, customer parking etc)
Wheel stops, parking spaces dimensions and configurations, linemarking and signs must be provided in accordance with Australian Standard AS2890 for Parking Facilities and the applicable standards and guidelines
Providing kerb and/or edging between the landscaped and parking area where required
Well defined routes for pedestrian movements within the parking area
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
Investigation and assessment of the existing drainage system and stormwater disposal from the site to ensure no adverse impact is caused on other properties and/or the road reserve
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
ENVIRONMENTAL HEALTH
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. 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 not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR (Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council and be performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc ), a suitably qualified person is either:
Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Air
Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to cause a nuisance must not be emitted beyond the boundaries of the premises.
Incineration or open burning is not permitted on the premises.
Outdoor Lighting Devices
Lighting associated with the use 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.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
referral agencies
Not Applicable
advisory notes
PLANNING
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/chargers), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 planning legislation and regulations current at the time of issue.
ENGINEERING
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
ENVIRONMENTAL HEALTH
Environmental Protection Act
It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit.
A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm.  Environmental harm is defined as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.
Persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
The development must not cause any interference with the environment or amenity of the area by reason of the emission of excessive noise or vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, atmospheric pollutants, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
All sand, silt, mud, paint, cement, concrete, builder’s waste, contaminants or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines under the Act apply for such offences.
Noise – Building Works
Noise from building works associated with commercial and or industrial development should comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays
Rainwater/Detention Tanks
Any rainwater tanks/detention tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
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	Access, Carparking and  Landscaping
Development Permit for Building Works	All Building Works
submissions
There were 2 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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:	List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Mike	[email protected]		
Fiona & George Tarr	[email protected]	136 Eumundi Noosa Rd	NOOSAVILLE

	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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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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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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