DACdaDN - 1024861 · 132003.220886.3

Officer:	Jack Lewis
Direct Telephone:	07 5329 6236
Fax:	07 5329 6501
Our Reference:	JLEWIS:132003.220886.2
Your Reference:	N/A
26 May 2014

Noosa Yacht & Rowing Club Inc
PO Box 1186
TEWANTIN  QLD  4565

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 23 May 2014, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	132003.220886.2
Street Address:	Noosa Yacht & Rowing Club Gympie Tce NOOSAVILLE  QLD  4566
Real Property Description:	Lot 166 MCH 839217
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 5 November 1992 decided to issue the following type of approval:
Development Permit for Material Change – Noosa Yacht and Rowing Club - indoor & outdoor entertainment, jetties and boat ramp (3B277)

On 14 January 1993 Council agreed to modify Condition 4 of the above approval.

In relation to a request to make a change to the existing approval, Council on 1 August 2003 decided to:
Approve a change to the existing approval to include a lift to provide disabled access to the second floor (23404 DA), subject to conditions.

In relation to a request to make a change to the existing approval, Council on 22 September 2005 decided to:
Approve a change to the existing approval to include illuminated signage (23404 DA), subject to conditions.

In relation to the request to make a change to the existing approval, Council on 23 May 2014 decided to:
Approve a change to the exisitng approval to extend the ground floor area (132003.220886.02), subject to 5 additional conditions.
relevant period of approval
The relevant period for this development approval is in accordance with that stated in the Decision Notice date 6 November 1992, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
To read in conjunction with previous approval 3B277 and 23404 DA, copies attached.

The works must be carried out in accordance with the following plans and requirements noted below:
Plan No.	Plan Name	Date
/1-Commercial Block 1 of 4	Ground Floor Plan, prepared by Bencee	02/05/2014
/1-Commercial Block 2 of 4	First Floor Plan, prepared by Bencee	02/05/2014
/1-Commercial Block 3 of 4	Building Elevations, prepared by Bencee	02/05/2014
/1-Commercial Block 4 of 4	Presentation 3D Images, prepared by Bencee	02/05/2014

All works shall be located within the Club’s existing lease area.
The additional use area shall be used for the purpose of boat storage and disabled toilets only.
The deck area on the first floor shall not be extended and utilised for restaurant/deck area without further permission from Council.
The areas identified for landscaping on the approved plans must be landscaped and maintained in accordance with Planning Scheme Policy 3 - Landscaping Plants and Guidelines.
referral agency conditions
Not Applicable
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

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 One) Part D3 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 both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
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.
property notes
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
further development permits required
Development Permit for building Works
self assessable codes
Not Applicable
submissions
Not Applicable
reasons / grounds for appoval
Not Applicable
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.

Yours faithfully

Jack Lewis
development planner

Encl. 	Approved Plans/Documents
Appeal Rights
Previous approvals

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)

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.

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