Decision Notice - Council Meeting Decision MCU22 0115

Officer: 	Nadine Gorton
Direct Telephone: 	07 5329 6215
Our Reference:	MCU22/0115
Your Reference:	220609
18 November 2022
Weir Distilling Company Pty Ltd
C/- Adams & Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 November 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU22/0115
Street address:	Westair 1-3/9 Rene St Noosaville Qld 4566
Real property description:	Lot 0 BUP 5337, Lot 1 BUP 5337, Lot 2 BUP 5337, Lot 3 BUP 5337
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - (Bar)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to the use commencing, and then compliance maintained at all times while the use continues.

The patron use area for the consumption of food, drink and alcohol and/or congregation is limited to a 60m² seating area (excluding the bar area) with a maximum seating for 30 persons. The queuing area external to the building is not approved and all queuing must be provided inside the building. Amended plans are to be provided to the Manager of Development Assessment prior to the use commencing detailing the proposed seating area of the bar.
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
A103	AO6	Site Plan Prepared by Collins Building Designs	19.08.2020
A105	AO6	Proposed Floor Plan Prepared by Collins Building Designs as amended by Council	19.08.2020
A107	AO6	Proposed Floor Areas Prepared by Collins Building Designs as amended by Council	19.08.2020
LL00	A	Proposed Landscape Key Plan Prepared by Lark Landscape Architecture and Urban Design	29.06.2022
LL01	A	Proposed Landscape Plan Prepared by Lark Landscape Architecture and Urban Design	29.06.2022
LL02	A	Proposed	Planting	Schedule	Prepared	by	Lark Landscape Architecture and Urban Design	29.06.2022
Nature and Extent of Approved Use
The Bar must operate at all times in association with the Distillery use within Lots 2 and 3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease.
All activities associated with the bar are to be undertaken inside the building. The landscape areas and parking areas are not to be used for any activities associated with the bar use. No food trucks or entertainment are to be setup in the landscape, driveway or parking areas.
The 60m² seating area is only permitted to be used by patrons who have booked a time slot for a table booking and these will be limited to 2 hours.
The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm and Saturday and Sunday 12:00 noon to 10:00pm.
The sale and/or consumption of alcoholic products is limited to those alcoholic products produced by the associated Distillery use. Any alcoholic beverages that are not produced as part of the Distillery use on the site must not be sold with the exception of other alcoholic products used to make drinks with products distilled on site. Non- alcoholic mixers are able to be used on site.
Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on site.
Landscaping
The area at the front of the site is to be landscaped in accordance with the approved plans.
Lighting of External Areas
During operating hours, all parking areas, pedestrian areas and entrances/exits must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas.
Noise Management
Noise from the Bar, including amplified or non-amplified noise and patron noise must not exceed:
Continuous Noise
daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T Time Varying Noise
daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Staff Numbers
A maximum of 2 staff for the Bar use are to be on site at any one time.
Currency Period
The Currency Period for this development approval lapses if the use has not commenced by 17 November 2028, unless an application to extend the currency period is approved by Council.
External Works
Car Parking
A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The car spaces and scooter spaces as shown on the approved plans
The car space located directly adjacent to the building and loading dock area dedicated to “staff”
dimensions, crossfalls and gradients in accordance with the relevant Australian Standard
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The areas must be provided in accordance with figure 5.1 of the submitted Car Parking Assessment reference 20401 prepared by Rytenskild.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a total of 2 bicycle parking spaces
Stormwater Drainage
Stormwater runoff from the new hardstand areas must be connected to the existing site stormwater drainage system.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All retaining walls that are publicly accessible, located on site 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
reasons for approval
Find the following matters relevant to the assessment and sufficient reason to approve the application:
The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa Plan 2020, and a range of industrial uses either established now or in the future may generate noise, odour, dust, waste nuisance or the like. These industrial businesses will not be required to include additional mitigation measures to address the potential impacts from these industrial uses on the bar, given they should reasonably be expected.
Conditions have been imposed to ensure the proposed bar is to operate in association with and ancillary to an existing industrial use on the site.
referral agencies
Not applicable
advisory notes
PLANNING
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 Unit to discuss any obligations under the ACH Act.
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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 and bicycle spaces
Development Permit for Building Works	Building
submissions
There were 1 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,

Patrick Murphy
Acting 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

Name	Email	Address
Ron & Sherrie O'Grady	[email protected]	70 Thorne Road Thorneside QLD 4158

	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 Council

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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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ee) NOOSA COUNCIL