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001A70DD.001
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Officer: Tracy Jones
Direct Telephone: (07) 5449 5228
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1978
Your Reference: 01019 L10
6 May 2009
Widewaters Investments Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir
Negotiated Decision Notice
Integrated Planning Act 1997
I refer to your application and the representations you made in respect to the Decision Notice. On 6
May 2009 Council decided your representations.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1978
Street address: 0/201 Gympie Terrace, Noosaville & 8/201 Gympie Terrace,
Noosaville
Real property Lot 0 SP 206090 & Lot 8 SP 206090 (Formally Lot 6 SP 191716)
description:
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 26 March 2009 decided to issue the following type of approval:-
Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 -
Food & Beverages
In relation to representations, Council on 6 May 2009 decided to:
A. Change Conditions 1 & 5
B Agree to change Conditions 4 & 6
C. Agree to change Advice Conditions 1 & 2
D. Issue a Negotiated Decision Notice
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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Section 2
2008/1978
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and numbered: -
Plan / Rev. Plan / Document Name Date
Document No.
D-01019-01-C Proposed Floor Layout – Martoo 27 April 2009
Consulting
and as may be amended by these conditions and annotations on the plans.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. The hours of operation are restricted to Sunday to Thursday 7am to 10pm, and Friday and
Saturday 7am to 12 midnight.
2 2
4. In addition to the 44m of previously approved outdoor dining area (05/1189), a further 10m of
outdoor dining area is permitted as shown on the approved plans. Outdoor dining areas shall
be predominately unenclosed and shall be clearly delineated on site at all times.
5. The Development Permit for a material change of use lapses if the use has not happened by 6
May 2013, unless an application to extend the currency is approved by Council.
Land Development
6. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $54
PSP13 – Contributions in Lieu of the Provision of Off-Street Parking $14,762
PSP16 – Sewerage Headworks Contributions $2,412
PSP17 – Water Supply Headworks Contributions $2,845
PSP20 – Pathway Trunk Network Contributions $55
TOTAL Contribution Amount = $ 20,128
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from March 2009 until the date of payment.
All contributions must be paid prior to commencement of the use.
7. The current proposed layout of the food premises does not comply with the Food Act 2006 as,
amongst other things, the tenancy does not have a system for ventilation to allow for the
cooking or heating of food. Therefore prior to the commencement of any building or plumbing
works for a food premises fit-out, plans and menu shall be submitted to Council’s
Environmental Health Section which demonstrate compliance in regard to required services,
all finishes and installation of equipment, fixtures and fittings, food licensing and ventilation.
8. Trade waste from the food premises shall be connected to the existing grease arrestor and a
trade waste permit be obtained prior to the commencement of use.
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Section 3
2008/1978
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
D-01019-01-C Proposed Floor Layout – Martoo 27 April 2009
Consulting
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges applicable
to this development approval have been based on the following Uses Class/ Uses and
applicable quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Class
Existing Quantity Approved Quantity
/ Use / Use
2
Entertainment & 47m use area plus
2
Retail Business - 2 Dining Business - additional 10m
47m use area
Type 2 Shop & Salon Type 1 Food & outdoor dining use
Beverage area
2. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $3,617 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from March 2009 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
4. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
4.1. On a Sunday or public holiday, at any time; or
4.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
5. Prior to the commencement of the development, a plumbing assessment must be obtained
from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage
Act 2002 (as applicable).
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Section 4
2008/1978
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 (ACH Act).
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 ACH 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 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Development Permit for Building All Building Works
Works
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code
12 SUBMISSIONS
There were no properly made submissions about the application.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. of the Integrated Planning Act 1997.
15 OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997
Should you wish to obtain more information about Council’s decision, electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
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Section 5
2008/1978
Yours faithfully,
Tracy Jones
SENIOR PLANNING OFFICER
Decision Notice History
26 March 2009 - Original Decision Notice.
6 May 2009 - Negotiated Decision Notice
with amendments to
Conditions 1, 4, 5 & 6 and
Advice Conditions 1 & 2.
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Section 6
2008/1978
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may 4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including any assessment; and
condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
impact assessment.
Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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Section 7
2008/1978
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the (a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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