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Decision Notice - Council Meeting Decision MCU17 0550

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                                                Officer:            Billy Glover
                                                Direct Telephone:   07 53296109
                                                Our Reference:      MCU17/0550
                                                Your Reference:     n/a

21 March 2018


JUMP Swim Schools
PO Box 1410
SURFERS PARADISE QLD 4217
[email protected]



Dear Sir/Madam,
                                     Decision Notice
                                      Planning Act 2016

I refer to your application and advise that on 15 March 2018, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1.      APPLICATION DETAILS

    Application No:           MCU17/0550

    Street address:           5 Commerce Ct Noosaville Qld 4566

    Real property description: Lot 3 RP 230888

    Planning Scheme:          The Noosa Plan (3 July 2017)

2.      DECISION DETAILS

The following type of approval has been issued:
       Development Permit for Material Change of Use of Premises (Entertainment & Dining
        Business Type 2 Recreation, Amusement & Fitness - Indoor Swim School)
3.      CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is 6 years starting the day that this
development approval takes effect.
4.      ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
1.      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.




                            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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Page 2

Approved Plans
2.    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
      00/01         2       Site Plan, drawn by Natalia Macedo As amended and 03.01.18
                            annotated by Council
      00/02         1       Proposed Fitout Plan, drawn by Natalia Macedo               01.11.17

Operating Hours
3.    The approved use must not operate outside the hours of 7:00am to 8:00pm Monday to
      Sunday.
Maximum Students and Staff
4.    The maximum number of students per class must not exceed 3, with the maximum
      number of classes operating at any one time not exceeding 2.
5.    The total number of employees on the site at any one time must not exceed 2.
Class Operation Times
6.    The start times of classes must be staggered, with each class having a 15 minute break
      between the conclusion of the class and beginning of the next.
Carparking
7.    A compliant carparking space is to be provided in front of the roller door of the subject
      tenancy with:
      a)      Line marking in accordance with engineering standards AS/NZS 2890.1:2004; and
      b)      A vehicle wheel stop; and
      c)      2 x bollards in front of the roller door.
8.    A minimum of five carparking spaces are to be provided and maintained for the use on
      site for the life of the development.
Amenity
9.    The development must be undertaken and operated in a manner that causes no
      detrimental effect upon the amenity of the area by reason of the creation of excessive
      noise, lighting nuisance or other emissions.
Advertising Signage
10.   Any advertising sign or device must comply with Council's policies on advertising.
5.    REFERRAL AGENCIES

Not Applicable




                                                                                      Page 2 of 5

Page 3

6.     ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
       Infrastructure Charges
1.     This Development Permit dated 15 March 2018 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.
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        Tenancy Fitout

10.    SUBMISSIONS

There were 3 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.
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.
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.
12.    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




                                                                                      Page 3 of 5

Page 4

                       List of Submitters
                       PLANNING ACT 2016 & PLANNING REGULATION 2017




Author         Address1               Address2

Noosa Basics                          [email protected]

Jeanie         2/5 Commerce Court     [email protected]
Hunter
               NOOSAVILLE     QLD
               4566

Gerry Ryan                            [email protected]




                                                                      Page 4 of 5

Page 5

                                                               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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