Minor Change Existing Approval 131999.982597.1

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	131999.982597.1
Your Reference:	n/a
2 June 2021
EarthCert Pty Ltd
PO Box 432
POMONA  QLD  4568
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 6 May 2021, 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:	131999.982597.1
Street address:	Noosa Aquatic Centre 6 Girraween Ct Sunshine Beach Qld 4567
Real property description:	Lot 1 SP 208258
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 6 May 1999.
Development Permit for a Material Change of Use - Skateboard Park and Volleyball Courts
In relation to the request to make a minor change to the existing approval, Council on 28 May 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Include additional condition 19.
currency period of approval
Not applicable.
assessment manager conditions
Material Change of Use - Skateboard Park Conditions
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans and the requirements of the Building Code of Australia.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Manager of Building.
Health
Street litter bins to a design approved by Noosa Council, shall be supplied and installed at the applicants expense at agreed locations.
Engineering
The design parameters shall be consistent  with the Environmental Management Plan dated April 27, 1997, prepared by Savery & Associates, applying to the overall Aquatic Centre site.
A suitably qualified hydraulics consultant shall be engaged to redesign the skate board bowl to allow the bowl to act as an On Site Detention Basin capable of holding runoff for the bowl and any external catchment which may enter the bowl for a 1:100 year design storm event.  The outlet shall be designed so as to throttle the rate of outflow to that for a 1:5 year storm event and to trap gross pollutants from entering the disposal system.
The stormwater disposal system from the skateboard bowl shall be designed and constructed with infiltration pits and/or trenches which will allow the water to gradually seep through the sub-surface sand towards the western boundary of the site and recharge the water table so that pollution free ground water will be discharged to the adjacent National Park.  The system shall also be designed to prevent the migration of sand and other fines into the infiltration pits and/or trenches.
Design plans and calculations shall be submitted and a Development Permit for Operational Works (Drainage) obtained prior to the lodgement of an application for a Development Permit - Building Works.
The stormwater disposal system shall be maintained in operational conditions at all times until the use ceases on the site.
Existing infiltration pits shall not be used for this development.
Any person acting on this permit shall prevent erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary.  An erosion and sediment control plan shall be submitted for approval by the Development Engineer, prior to the issue of a Development Permit for Building or Operational Works.
A $2,000 site control bond is required to be lodged prior to the issue of a Development Permit for Building or Operational Works, to ensure compliance with this condition. It will be refunded following compliance with the conditions and satisfactory completion of all works, less any costs incurred by Council in effecting compliance with the conditions of the Permit.
Town Planning
Development undertaken in accordance with this approval must generally comply with the approved plans of development, and as may be amended by these conditions.
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.
The applicant is to submit an Environmental Management Plan for the skateboard park and other subsequent components of the development. Implementation of this EMP is to be strictly adhered to.
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 to the reasonable satisfaction of the Manager of Planning.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
No fertilisers, herbicides or pesticides are to be used on site.
All development is to comply with Conditions of 10391 TR
The developer must submit security in the form of a cash bond or trading bank guarantee to the sum of $10,000 to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building 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.
NEW CONDITION 21 MAY 2021
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans or development.  The approved plans are numbered:
Plan / Document No.	Rev.	Plan / Document Name	Date
S01	3	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021
S02	2	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021
S03	2	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021

Material Change of Use - Volleyball Court Conditions
Prior to further assessment by Council and a Development Permit being issued, the applicant is to submit the following:-
Design drawings which provide details on fencing, lighting and drainage.
A parking needs study complete with details of future layout and location of any additional carparking considered necessary to service the uses on this site.
An Environmental Management Plan for the construction and operation of the volleyball courts
referral agencies
Not applicable.
advisory notes
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Not applicable.
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,

Patrick Murphy
Coordinator Planning

Enc:	Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 6 May 1999.
Decision Notice - Minor 131999.982597.1 – 28 May 2021 with additional condition 19

	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