APPROVED Decision Notice MCU16/0088

Officer:	Glen Conforti
Direct Telephone:	07 53296241
OurReference:	MCU16/0088
Your Reference:	n/a

24 October 2016

TWX Pty Ltd
C/- RG Strategic
PO Box 1363
NOOSA HEADS  QLD  4567

Dear Sir

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 October 2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU16/0088
Street Address:	Offshore Noosa 3/287 Gympie Terrace, Noosaville
Real Property Description:	BUP 106812 & Lot 3 BUP 106812
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 1 - Food & Beverages
Relevant 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
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
WD.20	E	Proposed Floor plan, prepared by Cab Roto	04/07/16
WD.03		Area Plan, prepared by Cab Roto	11/07/16
Noise
The development must be undertaken in accordance with the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this regard, the acoustic wing walls and acoustic roof panel (if required) must be designed to complement the existing building and streetscape to the reasonable satisfaction of the Chief Executive Officer. Prior to the installation of these works the plans must be submitted to Council demonstrating compliance with this condition. Certification must be provided by a suitably qualified person on completion of the works, certifying the works meet the relevant noise criteria.
External speakers or amplified music are not permitted.
Internal amplified music must be directed internally to the tenancy.
Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all times.
The Noise Management Plan submitted with the application must be amended to include site specific operational measures to minimise potential noise nuisance for surrounding residents and a complaints management process. The Noise Management Plan must incorporate the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended Noise Management Plan must be submitted to Council prior to the commencement of the use.
Noise emissions from any new mechanical equipment associated with the development must comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
Written certification must be submitted from a suitably qualified person confirming noise levels from any new mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and in a format approved by Council. All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is involved prior to installation of any equipment so they can recommend where equipment is best located. They can also advise about noise enclosures and make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after installation.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6.30am to 9.30pm Sunday to Thursday
6.30am to 10.30pm Friday, Saturday and public holidays
The outdoor dining area must not be used after 8pm until the acoustic wing walls are installed pursuant to the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information dated 10 October 2016 prepared by RoadPro Acoustic.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The use area including outdoor seating must not exceed 67m2 as indicated on the approved plan.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the western acoustical designed wing wall must be designed to maintain privacy of the neighbouring unit. In this regard, the wall must be either translucent glazing or a solid portion to obscure direct views to the western unit.
Outdoor Lighting Devices
Light spillage from the development including advertising, security and flood lighting etc is designed, sited, installed, shaded and appropriately directed so as to prevent a nuisance to residential areas and vehicular traffic.
Kitchen Exhaust
Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
Certification must be submitted to council from a qualified person* prior to commissioning the operation of the mechanical exhaust ventilation system for the kitchen which certifies that the system complies with AS1668.2-2002 and the requirements of this Decision Notice.
Refuse
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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.
ENVIRONMENTAL HEALTH
Food Business Approval – Food Act 2006
Where any food business is included in the development, the following is required:
any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006 must obtain a Food Business License from council’s Environmental Health Section prior to use of those premises
plans and an application for a Food Business Licence is to be made to council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises
a statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval
construction and use of the food premises must comply with the “Food Premises Design Construction and Fit-Out Guide” and the Food Safety Standards
certification by a suitably qualified person* that the plan design and/or installation and operation of the mechanical exhaust ventilation system, complies with Australian Standard 1668 and the requirements of this Decision Notice must be submitted with the application for Licence.  Completed Building Act 1975 Certificate Forms 15 and Form 16 must also be provided prior to commencement of food preparation
horizontal hot air discharge from the mechanical exhaust ventilation system in the direction of neighbouring properties and/or the street precincts is not desirable and may constitute an environmental nuisance under the Environmental Protection Act 1994
toilets for customers and staff to be provided in accordance with the Building Code of Australia.  Design advice is to be obtained from a building certifier on numbers and standards, including disabled access
Noise – Building Works
Noise from building works associated with commercial and or industrial development should comply with the following –
limited to between 6:30am to 6:30pm Monday to Saturday.
all reasonable measures are taken to minimise noise emissions.
not permitted on Sunday or public holidays.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Not Applicable
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
There were 19 properly made submissions about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons/grounds for approval
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.
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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

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

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address1	Address2	Email
R & N Rae	25/272 Weyba Road	NOOSAVILLE  QLD  4566	[email protected]
M McLean	15/272 Weyba Road	NOOSAVILLE  QLD  4566	[email protected]
K Tamati	1/287 Gympie Terrace	NOOSAVILLE  QLD  4566	
A Jones	1/287 Gympie Terrace	NOOSAVILLE  QLD  4566	
J Tedford	13/287 Gympie Terrace	NOOSAVILLE  QLD  4566	
F Smith	1/287 Gympie Terrace	NOOSAVILLE  QLD  4566	
Calabash Holdings P/L	287 Gympie Terrace	NOOSAVILLE  QLD  4566	
R Ramage	PO Box 625	NOOSAVILLE QLD  4566	
Cossom Family Trust	34 & 40/272 Weyba Road	NOOSAVILLE  QLD  4566	[email protected]
M & H Boegheim	6 Commodore Drive	BIRKDALE  QLD 4159	
I & P McCulloch	PO Box 2046	MT WAVERLEY VIC 3149	
R & M Kenyon	3/291 Gympie Terrace	NOOSAVILLE  QLD  4566	
R & D Marsh	PO Box 396	NOOSAVILLE QLD 4566	
PR & GJ Austin	28/287 Gympie Terrace	NOOSAVILLE QLD  4566	
Body Corporate Offshore Noosa	Bugden Legal GPO Box 2624	BRISBANE QLD 4001	
K Sweeney	47/291 Gympie Terrace	NOOSAVILLE  QLD  4566	
G & F Sim	10/73 Roydvale Avenue	BURNSIDE CHRISTCHURCH NZ	[email protected]
D Hammond	11 Letchworth Road	COORPAROO QLD 4151	[email protected]
K & D Ford	3 Foxfield Lane	WESTMORLAND NZ 8025	

	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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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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