DANegDN - 1018699 · MCU13/0064

Officer:	Jack Lewis
Direct Telephone:	(07) 5449 5183
Fax:	(07) 5475 7277
Our Reference:	JL013:ae:MCU13/0064
Your Reference:	10974

19 December 2013

Makepeace Island (Operations) Pty Ltd
C/- KHA Development Managers
PO Box  6380
MAROOCHYDORE BC  QLD  4558

Dear Sir/Madam

Negotiated Decision Notice
Sustainable Planning Act 2009

I refer to your application and the representations you made in respect to the decision notice.  On 19 December 2013, Council decided your representations.

Details of the decision are as follows:

1.	APPLICATION DETAILS

Application No:	MCU13/0064
Street Address:	Makepeace Island NOOSA NORTH SHORE  QLD  4565
Real Property Description:	Lot 55 MCH 1667
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

Council, on 22 November 2013, decided to issue the following type of approval:
Development Permit for Material Change of Use - Visitor Accommodation Type 4 Conventional

In relation to representations, Council on 19 December 2013 decided to agree in part in accordance with the following::
A.	Agree to change Condition 16.
B.	Refuse to change Conditions 4 & 15.

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Nature and Extent of Approved Use
The buildings must be used for short term visitors only. The buildings must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in the approved caretakers/staff dwelling.

No more than 20 persons are to be accommodated on the island within the 3 bungalows (comprising 2 bedrooms each) and bedroom wing (containing 4 double rooms), except for the approved caretakers/staff dwelling (capable of sleeping 4 persons) as indicated on the approved plans. No additional persons and/or guests are permitted on the island at any time, apart from the on-site manager and staff.

No advertising signs shall be erected or placed in anyway on the island.

A complimentary car transfer service shall be made available to all guests arriving and departing the island.

Landscaping
The development must be undertaken in accordance with Approved Landscaping Plans.

A “no clearing zone” must be established and maintained over the land outside the development footprint on the Approved Site Plan. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone;
soil/spoil dumping and/or compacting; and
soil excavation, other than for planting indigenous native plants.

The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council;
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council; and
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.

The development must be undertaken in accordance with the Rehabilitation and Weed Management Procedures contained in approved Weed Management and Vegetation Rehabilitation Plan for the site.

Refuse Management
The development must be provided with a refuse container storage area. This area is to be:
a fully enclosed and roofed area such that animals or vermin cannot access the waste. In this regard it shall be fully enclosed on three sides using materials compatible with the site (e.g. palings, lattice work, brick or blockwork, etc), and provided with access gates or doors to facilitate easy access and removal of refuse bins;
adequate in size for general refuse bins and recycling bins;
imperviously sealed with a bunded base (e.g. concrete, bitumen, etc);
constructed generally in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”.

A bin washdown pit lawfully directed to the effluent disposal must be provided for the cleansing of all refuse bins. This may be a separate area or form part of the storage area required in the above condition. Where this area is separate and is not roofed, the stormwater catchment area must comply with plumbing and drainage requirements.

A Waste Management Plan (WMP) must be developed and implemented on site. This plan shall:
appoint the site management entity as responsible for administering the plan;
require that all waste materials be segregated into general and recyclate waste streams and stored within their appropriate refuse bin within the storage area;
outline refuse obligations of patrons that stay on site,
appoint person(s) responsible for the transportation of refuse containers from the storage area to an approved Council refuse facility,
appoint the person(s) responsible for cleaning bins on-site and maintaining the storage area and litter bins in a clean and tidy state; and
where required, ensure the use of on-site litter bins for patrons,
require the removal of all waste off site on a minimum weekly basis,
require that all waste materials are adequately secured and covered when being transported off site to the approved disposal facility.

Refuse obligations for patrons outlined in the WMP shall be included as part of a site operational plan.

Acoustics
For noise from amplified music and entertainment between the hours of 7:00am and 10:00pm, the adjusted maximum sound pressure level LA10, plus adjustments for tonal and impulse components, must not exceed the background level LA90 by more than 5 dB(A) when measured at any affected premises.

Noise from amplified music and entertainment must not be audible at any affected premises between the hours of 10:00pm and 7:00am.

Where complaints (other than a frivolous or vexatious complaint) are made to Council about noise from the premises, the following shall be provided to Council, when requested::
have a suitably qualified acoustic consultant undertake a Noise Impact Assessment (NIA) in accordance with relevant guidelines and standards, and have a report submitted to Council for endorsement which outlines the findings of the NIA; and/or
the installation of volume limiting devices and/or upgrade the sound reduction index (R) value of windows, doors and/or shield mechanical plant and equipment, and/or provide internal frequency absorptive or sound proofing treatments within the site, and/or install acoustic barriers to mitigate or reduce noise impacts and have any such upgrades or works certified by a suitably qualified acoustic consultant.

Service vessel movements associated with the approved use (including loading and unloading and transport of patrons) for the use of the Registered Barge, must not occur outside the hours of 7am to 10pm Monday to Sundays. The requirements of this condition must be included into any accommodation agreement or equivalent operational plan.

ENGINEERING UNIT

Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site.

Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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.

HYDRAULICS AND WATER QUALITY

Flood Management
Access along the entire route between all habitable buildings and the jetty shall be a minimum level of 0.9m AHD.

Install, maintain and monitor an on-site Alert System in accordance with Section 4 of the Flood Emergency Plan listed in this Decision Notice.

The development shall be operated in accordance with the Flood Emergency Plan listed in this Decision Notice and any updates of this plan. The plan shall be reviewed on an annual frequency to incorporate lessons learned during the previous 12 month period. A Registered Professional Engineer Queensland specialising in hydraulics and hydrology shall be consulted if significant changes are required.

Plumbing, Drainage and Waste Water Treatment and Disposal
The development must be provided and operate in accordance with a Plumbing, Drainage and an On-site Waste Water Treatment and Effluent Disposal System having a capacity sufficient for the use and a wet weather storage facility with a 10,000 litre or 4 days storage capacity at peak design flow as per the Future-Plus Environmental, Assessment of Existing Wastewater Infrastructure.

5.	REFERRAL AGENCY CONDITIONS

Not Applicable

6.	APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
VMRRNO A01	C	Site Plan	13/04/2007
LS01	B	Preliminary Landscape Plan Site Setout part 1 prepared by Landgraphics	05-06-07
LS02	B	Preliminary Landscape Plan Site Setout part 2 prepared by Landgraphics	05-06-07
LS03	B	Preliminary Landscape Plan Site Setout part 3 prepared by Landgraphics	05-06-07

7.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No.	Rev.	Document Name	Date
CIV1063	1.2	Flood Emergency Management Plan – Makepeace Island, Noosa Queensland, prepared by Contour Consulting Engineers	17/09/2013
AD07631REHAB	0	Weed Management and Vegetation Rehabilitation Plan, prepared by Duke Environmental	15/05/07
4225		Assessment of Existing Wastewater Infrastructure – Proposed Change of Use Makepeace Island, Noosa North Shore, prepared by Future-plus Environmental	08/04/2013

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

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

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.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

Infrastructure Charges
This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.

Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

Rainwater Tanks – Public Health Act 2005
In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements.

Food Act 2006
All areas where food is to be stored, handled or prepared for sale or sold must be constructed and equipped in accordance with the provisions of the Food Act 2006 and the Food Standards Code.  The premises must be registered and the operators licensed with Council under the aforementioned Act prior to the use commencing. Contact Council’s Healthy Places Unit via the Customer Service Centre for further information.
Plumbing, Drainage, Waste Water Treatment and Disposal System
The existing Plumbing and Drainage and a Waste Water Treatment and Disposal System for the site is as mentioned in the report from Future-Plus Environmental, Assessment of Existing Wastewater Infrastructure, Reference No 4225 Dated 1st July 2013, capable of accommodating the proposed changes to the development.

The existing system has been approved in accordance with the Queensland Plumbing and Wastewater Code, Australian Standards AS/NZS3500, AS/NZS1547: 2000 “On-site Domestic Wastewater Management”. If the design requirements for the site change, a Compliance Permit must be obtained from the Local Authority under the Plumbing and Drainage Act 2002, in addition, where a development exceeds the accommodation or use of 21 or more equivalent persons an Operator’s Licence from The Department of Environment and Heritage Protection (DEHP) will also be required.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (Change Building Classification)

12.	SELF ASSESSABLE CODES

Not Applicable

13.	SUBMISSIONS

There was one (1) not properly made submission about the application.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:

The visitor accommodation use is low key in its scale and provides a unique tourism experience, which contributes to the North Shore Locality and Noosa generally.

The proposed use is able to be accommodated within the existing building footprint and does not involve any additional site works.

Potential site impacts can be appropriately managed so as not to cause a nuisance to nearby residential properties along Tait Street and Cambridge Court, Tewantin.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY MCU13/0064 Original Decision Notice 22 November 2013 MCU13/0064 Negotiated Decision Notice 19 December 2013

Yours faithfully

KERRI COYLE
COORDINATOR PLANNING APPLICATIONS NORTH

Enc:	Appeal Rights

Cc:	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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MCU13/0064

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