Other Change Decision Notice - Council Meeting Decision 132001.210363.1

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	132001.210363.1
Your Reference:	0261
12 October 2021
Vynara Pty Ltd
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 11 October 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	132001.210363.1
Street address:	The Tewantin Cafe 105 Poinciana Ave Tewantin Qld 4565
Real property description:	Lot 3 SP 158827 & Lot 4 SP 158837
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 11 April 2002
Development Permit for Material Change of Use – Dual Occupancy, Restaurant, Shop and Professional Offices
In relation to the request to make an Other Change to the existing approval, Council on 11 October 2021, decided to approve the requested changes. The changes are detailed below.
Approve the Change
Amend condition 1
Include additional conditions 29-38
Include additional Advisory Notes

currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
1.	The carparking area is constructed, linemarked and signed in accordance with the approved plan as annotated by Council.
2.	The carparking area shall be drained and the sealed pavement constructed to access road standards.  Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
3.	All carparking shall be kept maintained and line-marked in a condition fit for use. Staff carparking spaces shall be line marked and signposted accordingly.
4.	All carparking spaces shall be designed such that vehicles may reverse from them and exit the site in a forward direction.
5.	Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28 and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment. An estimate only of the contribution rates as of December 2001 under the current policies is as follows:
Water Supply	$3,886
Sewerage	$5,492
TOTAL	$9,378
All headworks contributions shall be paid prior to the issue of a Development Permit for Operational Works.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
6.	The site shall be connected to Council’s Water Supply and Sewerage reticulation systems to the water and Sewerage design guidelines and the requirements of the Manager - Land Development, at no cost to Council.
7.	Each water connection to the water reticulation system shall extend to the property boundary and be metered. Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed. All fees for the supply of water meters shall be paid to the Council.
8.	Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
9.	Prior to commencement of the use or prior to lodgement of the Building Format Plan at the Titles Office (whichever occurs first), the area included in Easement A on RP 908563 shall be dedicated to Council as public road at no cost to Council.
10.	The new road shall be constructed to Council’s access road standards for the full width of the proposed road reserve including kerb and channel on the northern side. The road shall have a one way cross fall to the kerb and channel.
All associated and ancillary work including pavement correction to the existing pavement, drainage, and adjustment to the existing infrastructure shall be undertaken to complete these works.
A Development Permit for Operational Work shall be obtained prior to undertaking these works.
11.	Temporary access arrangements shall be made available to Lot 21 on RP908653 during the construction of the proposed road. These arrangements shall allow access to the rear of this property through Lot 20 on RP 908653.
12.	Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Sidoni Lane. In this regard, a grease/oil arrestor is to be provided on site to ensure that polluted runoff from the carparking area does not enter Council’s stormwater drainage system.
13.	All designs for engineering works involving the construction of pavements, kerb and channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared in accordance with the requirements of Council’s Engineering Design Standards, shall reference where applicable to Council’s Standard Drawings and shall incorporate best engineering practice.
14.	To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Operational Works.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of Operational works, all physical site control measures shall be installed, and the plan adhered to.
15.	For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work. The application may combine any or all of these classes of work:-
15.1	Access and/or carparking
15.2	Site Civil Works
15.3	Roadworks
15.4	Stormwater Drainage
15.5	Landscaping
15.6	Sediment & erosion control.
16.	Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
17.	The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers.   A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.  The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
18.	An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
19.	A place of food preparation and/or cooking is to have the liquid waste connected to a trade waste line and to an approved grease arrestor of a size determined by Council’s Trade Waste Policy.
Land Use
20.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 0083 SK01 Issue A dated Jan 2000 and 0083 SK02 dated October 2001 prepared by Greg Gibbs Architects and as may be amended by these conditions.
21.	A contribution in accordance with Planning Scheme Policy PSP 13 Contributions in Lieu of the Provision of Off Street Parking for 7 spaces shall be paid to Council prior to the issue of a Development Permit for Operational Works. The amount of the contribution shall be calculated at the rate current at the date of payment. An estimate only of the contribution rate as of 5 April 2002 is $14,900 per additional car space.
The total monetary contribution payable shall be the contribution amount calculated in accordance with the paragraph above less the current market value of the land to be dedicated as road reserve ($47,000) and the costs of constructing 50% of the laneway ($4,500).
22.	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.
23.	The outside colour scheme of the building shall be complimentary to the village centre character of the Tewantin business centre.
24.	The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
25.	Any advertising sign or device is to comply with the provisions of Council’s policies on advertising.
26.	Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational works. 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.
27.	The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
28.	This Development Permit for a material change of use of premises lapses if:-
28.1	the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
28.2	the use of any premises pursuant to the Development Permit ceases.
28.3	The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
New Conditions 11 October 2021
PLANNING
When Conditions must be Complied With
29.	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
30.	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
0000	P2	Cover Page & Site Plan, prepared by Push	25/06/2021
1000	P2	Existing Floor Plan, prepared by Push	25/06/2021
1001	P1	Ground Floor Plan, prepared by Push	25/06/2021
1002	P2	First Floor Plan, prepared by Push	25/06/2021
2000	P2	Elevation 1, prepared by Push	25/06/2021
2001	P2	Elevation 2, prepared by Push	25/06/2021
1003	P3	Carpark Plan, prepared by Push	27/09/2021
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 11 October 2026, unless an application to extend the currency period is approved by Council.
Protection of Privacy
To ensure the private open space of the units is protected the privacy screen must be constructed in accordance with the approved plans.
Materials and Finishes
The privacy screen must be constructed using
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping
The existing landscaping must be maintained in accordance with the approved plan.
Carparking
A wall mounted bicycle space which complies with Australian Standards 2890.3 Bicycle Parking Facilities must be provided for in accordance with the approved plans as annotated by Council.
Environmental health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy PSP9 - Waste Management, including an external imperviously paved area 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 is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia
New Advisory Notes 28 September 2021
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 Building Works	All building works
submissions
Not applicable.
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,

Maxwell Potter
Graduate Development Planner
Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 11 April 2002.
Negotiated Decision Notice – 20 June 2002, with an amendment to condition 9
Decision Notice – Other Change – 132001.210363.1 – 11 October 2021, with an amendment to condition 1 and additional conditions 29-38 and additional Advisory Notes 2 & 3

	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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