Changed Approval 132005.1292.03

Officer:	Wilhelm Koschade
Direct Telephone:	07 53296215
Our Reference:	132005.1292.03
Your Reference:	N/A
8 July 2016

Un Deseo Pty Ltd
C/- RG Strategic
PO Box 1818
NOOSA HEADS  QLD  4567

Dear Sir,

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval. On 6 July 2016, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132005.1292.03
Street Address:	The Terrace Noosaville 1/253 Gympie Terrace, Noosaville  Qld  4566
Real Property Description:	Lot 1 BUP 104212
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 5 October 2005 decided to issue the following type of approval:
Development Permit for a Material Change of Use - Restaurant
In relation to a request to change the development approval, Council on 6 June 2006 decided to:
A.	Approve the change with amendment to Condition 1.
B.	Delete Condition 6.
C. 	Include four additional conditions.
D. 	Include two additional advices.
E. 	Issue a Compiled Decision Notice.
In relation to a request to change the development approval, Council on 6 July 2016 decided agree to amend Conditions 1 & 5.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are labelled, numbered and dated as follows and as may be amended by these conditions:
Approved Plans 6 July 2016
Plan No.	Rev.	Plan/Document Name	Date
15201-01	P2	Restaurant Floor Plan, drawn by PJ Concepts & Designs	16/06/2016
15201-02	P2	Floor Plan, drawn by PJ Concepts & Designs	16/06/2016
15201-03	P1	Use Areas Floor Plan, drawn by PJ Concepts & Designs	16/06/2016
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.
Any advertising sign or device is to comply with the provisions of Council’s policies on advertising.
The applicant is to provide directional signage instructing customers to the carparking area at the rear of the subject site. This signage is to be located on the front of the building facing Gympie Terrace, adjacent to the access driveway. This signage is to be installed prior to the issue of a Development Permit for Building Works.
The business is approved to operate as a Restaurant from the hours of 6am – 10pm on Sunday to Thursday and 6am – 12am Friday and Saturday with full dining facilities.
Deleted.
Security in the form of a cash bond or trading bank guarantee to the sum of $5000.00 must be submitted, 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 for a period of 12 months, less any costs incurred by Council in respect of enforcing performance of this permit.
The Development Permit for a material change of use lapses if the use has not happened by 5 October 2009, unless an application to extend the currency is approved by Council.
Land Development
Stormwater Drainage Contributions
A contribution of $595 shall be paid to Council towards the cost of the Noosaville Master Drainage Plan prior to the commencement of the use. The amount of the contribution shall be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 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 under the current policies is outlined below. These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from June 2005 until the date of payment.
Water Supply	$3,570
Sewerage	$3,214
TOTAL	$6,784
All headworks contributions must be paid prior to the commencement of the use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
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.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.  The installation of any mechanical exhaust system is to comply with Australian Standard 1668.
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.
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.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers.  A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Trade Waste
A Trade Waste Permit is required to discharge each type of Trade Waste. The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.
Full truck access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing. Where access is restricted, a pump out line is required.
A roof is to be installed above the refuse bin wash facility and over the cleaners sink to prevent rainwater from entering the sewerage system.
Additional Conditions 06/06/06
Public Open Space Contributions for Outdoor Dining Area
A Public Open Space contribution of $63 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to the commencement of the use in accordance with Council’s Planning Scheme Policy PSP12 Public Open Space Contributions.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Pathway Contributions for Outdoor Dining Area
A pathway contribution of $64 towards external major pathways, in accordance with Planning Scheme Policy PSP20 Pathway Trunk Network Contributions, shall be paid to the Council prior to the commencement of the use. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Stormwater Drainage Contributions for the Outdoor Dining Area
A contribution of $116 shall be paid to Council towards the cost of the Noosaville Master Drainage Plan prior to the commencement of the use. The amount of the contribution shall be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Headworks Contributions for the Outdoor Dining Area
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17 and PSP16 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 under the current policies is outlined below.  These amounts will be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Water Supply	$42
Sewerage	$38
TOTAL	$80
All headworks contributions must be paid prior to the commencement of the use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
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.
referral agency conditions
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifier’s responsibility to assess the requirements for fire separation and appropriate methods of construction as part of the building works approval process.  Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises” is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
3.1	On a Sunday or public holiday, at any time; or
3.2	On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Noosa Council has a Food Premises Policy. Sections of this document that are particularly relevant to the subject development are as follows:-
6.1	Section 22.11 - Hand Washing Facilities;
6.2	Section 22.5 - Cleaner’s Sink;
6.3	Section 28.1 - Staff Toilet Facilities;
6.4	Section 28.2 - Air locks;
6.5	Section 29.2 - Kitchen exhaust ventilation;
6.6	Section 31.3 - Disabled Persons;
6.7	Section 31.4 - Gender; and
6.8	Section 3.15 - Access.
For further information contact Council’s Environmental Health section on 5449 5232.
Toilets are to be provided for the restaurant for customers and staff in accordance with the requirements of the Building Code of Australia.
Additional Advices 06/06/06
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $4,225 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All building works
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.
other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice 5 October 2005 Compiled Decision Notice 6 June 2006, with an amendment to condition 1, deletion of Condition 6, inclusion of 4 additional conditions and 2 additional advices. Changes to an Existing Approval 6 July 2016, with an amendment to conditions 1 & 5

Yours faithfully

Wilhelm Koschade
Development Planner

Encl. 	Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

[word/footer1.xml]
Page 7 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

[word/header3.xml]
132005.1292.03

[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL