Minor Change Existing Approval MCU16 0044.01 · MCU16/0044.01

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU16/0044.01
Your Reference:	n/a
21 December 2018
Noosa Shire Council
C/- G Calder
9 Pelican Street
TEWANTIN  QLD  4565
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 November 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0044.01 and REC16/0009
Street address:	253 & 255 David Low Way 5-7 Rufous Street, Peregian Beach
Real property description:	Lot 94 SP 137431, Lot 95 SP 137431 & Lot 1 SP 215942
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 21 July 2016.
Development Permit for Material Change of Use of Premises - Commercial Business Type 1 Office, Entertainment & Dining Business Type 1 Food & Beverages, Wellbeing Type 2 - Social and Open Space Type 1 Sport & Recreation
Development Permit to Reconfigure a Lot - Boundary realignment
In relation to the request to make a minor change to the existing approval, Council on 20 December 2018, decided to:
A.	Approve the change.
B	Amend Condition 2 and include additional conditions 33 & 34.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
currency period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
MATERIAL CHANGE OF USE CONDITIONS – MCU16/0044
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
SD A 1.2		Site Plan, prepared by Sparks Architecture	
SD A 1.2.1		Site Plan  - Stage 1, prepared by Sparks Architecture	
Community House
GC 10	01	Site and Roof, prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	Ground, prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	Basement, prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	North Elev., prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	West Elev., prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	East Elev., prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	Section 1, prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	View 3, prepared by Flexure Architecture and Urban Design	12 November 2018
GC 10	01	View 3, prepared by Flexure Architecture and Urban Design	12 November 2018
Digital Hub
SD B1.1		Ground Floor Plan, prepared by Sparks Architecture	
SD B1.2		First Floor Plan, prepared by Sparks Architecture	
SD B1.3		Roof Plan, prepared by Sparks Architecture	
SD B2.1		North Elevation, prepared by Sparks Architecture	
SD B2.2		East Elevation, prepared by Sparks Architecture	
SD B2.3		South Elevation, prepared by Sparks Architecture	
SD B2.4		West Elevation, prepared by Sparks Architecture	
SD B3.1		North Elevation, prepared by Sparks Architecture	
SD B4.1		Perspective, prepared by Sparks Architecture	
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Nature and Extent of Approved Use
The Entertainment and Dining Business use must not operate outside the hours of:
a.	6am to 10pm Monday to Thursday
b.	6am to Midnight Friday and Saturday
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 7pm Monday to Saturday and not at all on Sundays or public holidays.
ENGINEERING
Site Access and Driveway
A sealed access driveway must be provided from Rufous Street to all parking and manoeuvring areas of the development generally in compliance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ R- 050 and to that grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades for footpath and pedestrian movements along the footpath and grassed verge without any step or trip hazard
for pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.
Car Parking
Car parking must be provided within the site generally as shown on the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the car parking must be in compliance with the provisions of AS/NZS 2890.1-2004 for user class 2 with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
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
the temporary car park located in the southwest corner of proposed lot 3. This temporary car park (23 spaces) must be constructed prior to the decommissioning of the existing car park in preparation for construction of the digital hub building on proposed Lot 2.
Reinstatement Works
Where required, any redundant driveway must be removed, and the kerb verge area reinstated and landscaped to match the existing kerb and/or verge treatments.  Grassed verge areas to be reinstated must be provided with 100 mm topsoil and turf, and must be maintained by the developer until established. The driveway layback must be saw-cut and removed to allow for a smooth and neat finish with the adjoining kerb.
Any badly damaged kerb and channel along the frontage of the site must be repaired to the reasonable satisfaction of Council’s representative.
Easements
Easements of appropriate width must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
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 created in accordance with the requirements of planning scheme and granted at no cost to the Grantee.
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 earthworks must be carried out in compliance with an Operational Works Development Permit and must be generally in accordance with the approved plan.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments, Council’s codes and relevant government regulations and guidelines. Certification must be provided by an RPEQ and submitted to Council prior to the issue of the Certificate of Classification for the building.
The development works must not adversely impact on the stability of the subject site or other properties.
Earthworks and development works carried out on site must not affect the structural integrity of any of the existing fences or structures that border the site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval in compliance with the relevant sections of Queensland Urban Drainage Manual and supported by a detailed stormwater drainage design prepared and certified by a suitably qualified and experienced Registered Professional Civil Engineer. The works must include in particular:
extension of the development site stormwater system to accommodate surface stormwater runoff from any adjoining property that naturally drains through the site or may potentially be affected by the development, including the registration of drainage easements; and
the use of gravity stormwater drainage.
The development of the site must not worsen existing drainage conditions on other properties by diverting stormwater runoff or cause additional stormwater ponding on any other property.
Stormwater Quality
The detail design for the development must incorporate appropriate measures, as recommended and certified by an RPEQ, to limit stormwater runoff from the development in 1 year ARI events to the predevelopment 1 year ARI event.
A stormwater quality treatment system must be provided to treat all stormwater runoff from the development to achieve a 90% reduction in gross pollutants, 80% reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous and 45% reduction in Total Nitrogen compared to if no stormwater quality treatment was provided.
The Stormwater Quality Treatment System provided to the development must be certified by a RPEQ that it has been modelled and designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines (2006), Water By Design Music Modelling Guidelines (2010) (or the Water By Design Deemed to Comply Solutions where relevant). Any bioretention basins to achieve the outcome must be designed in accordance with the Water By Design Bioretention Technical Design Guidelines (2014).  The works must be undertaken in accordance with an operational works approval.
Any water quality treatment devices must become an educational landscape feature of the development and include signage stating what the water quality treatment device is, the pollutants it removes, and the waters it will protect.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1).  Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document.
Landscaping Works
The development site must be landscaped.  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 works shown on the approved Landscape Concept plan 01 Rufous Street Master Plan – Community Building.
provision of koala food trees to the western portion of the site in accordance with The Noosa Plan Landscape Code
sufficient space and growing media to accommodate an advanced local native canopy tree for every 4 carparks in accordance with the Noosa Plan Landscape Code
all landscaping must be in accordance with Planning Scheme Policy 3 Landscaping Plants and Guidelines and the Noosa Plan Landscape Code
all plant species must be suitable for the local area, consist mainly of local native species and non-local native species must not be invasive species.
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
provision of 1 street tree within the road reserve for every 8 metres of road frontage.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Treatment of Temporarily Vacant Land
Where some or all of the land remains vacant or undeveloped for more than 3 months, or buildings are demolished and redevelopment is delayed for more than 3 months, the following works must to be carried out:
the site must be cleared of all rubble, debris and demolition materials
the site must be graded to prevent ponding (to the same level as the adjoining footpath wherever practicable), grassed and mown at a minimum 3 weekly intervals
the site must be landscaped with perimeter planting consisting of advanced specimens of fast growing tree species
the site must be maintained to ensure no nuisance to adjacent premises, roads or footpaths
where fencing is installed to secure boundaries:
i	the fencing must be durable and not capable of being pushed or blown over
ii	the fencing type must not detract from local amenity (barbed wire is not acceptable)
iii.	vandalism must be promptly repaired and any graffiti removed.
Health
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.
Additional Conditions 33 & 34 – 20 December 2018
The roof form must be articulated and the hip roof must have a minimum roof pitch of 5 degrees.
External finishes must consist of natural materials where possible with other materials consistent with buildings in the surrounding area. Colours must blend with the natural environment.
RECONFIGURING A LOT APPROVAL CONDITIONS - REC16/0009
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
54230/A	A	Plan of Development Proposed Boundary realignment between Lots 94 and 95 on SP137431 and Proposed Easements, prepared by Murray & Associates	27/04/16
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue Maroochydore  Qld  Email:[email protected]	Schedule 7, Table 3, Item 11 – Land Contaminated because of unexploded ordnance	The agency provided its response on 28 June 2016. A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 on 07 3247 6212 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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works
Development Permit for Operational Works (Landscaping, Stormwater, Car Parking)
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Advertising Devices Code
submissions
Six (6) properly made submissions were received.
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
Coordinator Planning

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 21July 2016
Decision Notice – Minor (MCU16/0044.01) – 20 December 2018, with an amendment to condition 2 and additional conditions 33 & 34.

	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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ee) NOOSA COUNCIL