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Council Decision - Minor Change - MCU13 0081 03 [As Published] · MCU13/0081.03
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: MCU13/0081.03
Your Reference: 19254
22 February 2024
Body Corporate - Netanya Noosa CTS 17658
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 17 December 2021, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU13/0081.03
Street address: Netanya 71 Hastings Street, Noosa Heads
Real property description: BUP 101500
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 9 July 2013.
• Development Permit for Material Change of Use of Premises (MCU13/0081)
(Entertainment & Dining Type 1 Food & Beverage and Retail Business Type 1 Local &
Type 2 Shop & Salon)
In relation to the request to make a minor change to the existing approval, Council on 15 February
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change;
B. Amend conditions 10, 23, 24 and 26;
C. Include additional conditions 27, 28, 29, 30, 31 and 32; and
D. Agree to enter into an Infrastructure Agreement.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is four years starting the day that the original
development approval MCU13/0081 took effect.
4. ASSESSMENT MANAGER CONDITIONS PLANNING
When conditions must be Complied With
1. 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
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
General
3. The approved use must not operate outside the hours of:
(a) 7am and 9pm, with the exception of entertainment and dining business, which may
operate until 2am; and
(b) Business deliveries are undertaken only between the hours of 6am to 7pm;
The requirements of this condition must be included in the Community Management
Statement for any body corporate for the subject site.
4. All mechanical equipment associated with the tenancy must be fully enclosed or screened
such that it is not visible from the street frontage or adjoining properties.
5. The tenancy must have at least 50% transparent glazing to the shopfront, so as to allow
passive surveillance and encourage social interaction.
6. The approved use must not unreasonably interfere with the noise amenity of the
neighbouring tenancies.
Parking
7. Five (5) carparking spaces must be maintained and available free of charge to patrons and
staff of the subject tenancy at all times the tenancy is open. Any staff employed at the tenancy
shall be permitted to park within the carparking area.
8. The applicant shall enter into an Infrastructure Agreement in relation to a parking shortfall on
the site of 2 spaces in accordance with Planning Scheme Policy 13 Contributions in Lieu of
Provision of Off-Street Parking.
End of Trip Facilities
9. End of trip facilities shall be provided for patrons and staff consisting of a minimum of 2
bicycle parking spaces located within the site close to the tenancy and 1 locker for staff within
the tenancy.
Additional conditions – 15 October 2020
Approved Plans
10. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below, except where required to be amended by the
conditions of this approval. The plans must be amended to incorporate the amendments
listed in the table below and resubmitted to Council prior to the issue of any Development
Permit for Operational Works.
Plan No. Rev Plan Name – Prepared by Date
19021 E Cover Sheet, prepared by Sprout Architects 5/08/2020
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Plan No. Rev Plan Name – Prepared by Date
SD00.00
19021 E Locality & Register, prepared by Sprout Architects 5/08/2020
SD00.01
19021 E New Works - First Floor Site Plan, prepared by Sprout 5/08/2020
Architects
SD10.01
19021 E New Works - Second Floor Site Plan, prepared by 5/08/2020
Sprout Architects
SD10.02
19021 E New Works - Third Floor Site Plan, prepared by 5/08/2020
Sprout Architects
SD10.03
19021 E New Works – Fourth Floor Site Plan, prepared by 5/08/2020
Sprout Architects
SD10.04
19021 I New Works – Ground Floor, prepared by Sprout 6/10/2020
Architects
SD20.00
19021 E New Works – First Floor, prepared by Sprout 5/08/2020
Architects
SD20.01
19021 E New Works – Second Floor, prepared by Sprout 5/08/2020
Architects
SD20.02
19021 E New Works – Third Floor, prepared by Sprout 5/08/2020
Architects
SD20.03
19021 E New Works – Roof Terrace, prepared by Sprout 5/08/2020
Architects
SD20.04
As annotated by Council
19021 E New Works – Elevations, prepared by Sprout 5/08/2020
Architects
SD30.00
19021 E New Works – Elevations, prepared by Sprout 5/08/2020
Architects
SD30.01
19021 E New Works – Sections, prepared by Sprout 5/08/2020
Architects
SD30.02
19021 D New Works – Section, prepared by Sprout Architects 5/08/2020
SD30.03
19021 E Detailed Area – South-west Tenancies / Refuse Area, 5/08/2020
prepared by Sprout Architects
SD60.00
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Plan No. Rev Plan Name – Prepared by Date
19021 E Detailed Area – Forecourt / Café, prepared by Sprout 5/08/2020
Architects
SD60.01
19021 E Detailed Area – Forecourt / Café, prepared by Sprout 5/08/2020
Architects
SD60.02
19021 E Detailed Area – Covered Seat / Unit Awning, 5/08/2020
prepared by Sprout Architects
SD60.03
19021 E Detailed Area – Pool Terrace / Rear Entry, prepared 5/08/2020
by Sprout Architects
SD60.04
19021 E Detailed Area – Pool Terrace / Rear Entry, prepared 5/08/2020
by Sprout Architects
SD60.05
19021 E Detailed Area – Roof Terrace / Feature Awning, 5/08/2020
prepared by Sprout Architects
SD60.06
As annotated by Council
19021 E Detailed Area – Stair / Lift Extensions, prepared by 5/08/2020
Sprout Architects
SD60.07
19021 E Detailed Area – ‘Sails’ Entry / Park Road Frontage, 5/08/2020
prepared by Sprout Architects
SD60.08
19021 E Detailed Area – ‘Sails’ Entry / Park Road Frontage, 5/08/2020
prepared by Sprout Architects
SD60.09
19021 E Landscaping Areas – Existing Conditions, prepared 5/08/2020
by Sprout Architects
SD80.00
19021 E Landscaping Areas – New Works, prepared by 5/08/2020
Sprout Architects
SD80.01
19021 E Site Cover – Existing Conditions / New Works, 5/08/2020
prepared by Sprout Architects
SD80.02
19021 E GFA Areas – Existing Conditions / New Works, 5/08/2020
prepared by Sprout Architects
SD80.03
Approved Plan dated – 15 February 2024
Plan No. Rev Plan Name – Prepared by Date
SD30.02 N Sections – Prepared by Sprout Architects 29/11/22
The following plans require amendment.
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Plan No. Rev. Plan/Document Name Date
SD20.00 Q Prepared by Spout Architects - New Works 29.11.2022
Ground Floor
SD20.01 N Prepared by Spout Architects - New Works 29.11.2022
First Floor
SD30.00 L Prepared by Spout Architects - New Works 29.11.2022
Elevations
SD30.01 L Prepared by Spout Architects - New Works 29.11.2022
Elevations
SD60.10 D Prepared by Spout Architects - Detailed 29.11.2022
area – stage 2 – tenancies 3,4 & 5
SD60.11 B Detailed Area – Stage 2 – Tenancies 3, 4 29.11.2022
and 5 (Perspectives)
Amendments The new feature awnings are to be setback a minimum of 2 metres
from the Park Road frontage. All timber batten screens and support
posts are to be setback a minimum of 2 metres from all street
frontages.
The bulk of the new feature awnings and associated pillars/batten
screens to be reduced by:
• Lessening the thickness of the feature awnings and pillar/batten
screens, including the use of lightweight building materials.
• The feature awnings and pillars/batten screens must be made of
light-coloured materials that complement the beachside
character.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must
be submitted to Council, 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. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
12. The roofed outdoor dining area associated with Lot 7 (The Providore) must remain
unenclosed and is limited to a maximum of 56m2 use area.
13. No structures are approved by this development approval within The Parade, on public land.
Roof Terrace Pergolas
14. Pergolas on the roof terraces must be:
a. setback in line with the existing roof exhaust ducts for each unit’s roof terrace;
b. a maximum of 9m2 in area; and
c. a maximum of 2.5m in height but not exceeding the proposed roof exhaust ducts
structure height as shown on the Approved Plans.
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Landscaping
15. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. a minimum of one of the existing palm trees located on the western side of the driveway
is to be retained;
b. existing established trees located in the landscaped planter in the south western corner
of the site (in front of the Bellissima Boutique) must be retained;
c. provision of one additional established tree, behind the curved timber seat within the
landscaped planter in the south western corner of the site (in front of the Bellissima
Boutique). Species is to be in accordance with the Local Planning Scheme Policy
Landscaping Plants & Guidelines, l;
d. paving proposed in the existing forecourt in the south east of the site must blend with
the existing surrounding surface finishes;
e. planting proposed on the timber trellis on the north eastern boundary is to be in
accordance with the Local Planning Scheme Policy.
16. The public land fronting The Parade must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and Planning Scheme Policy Landscaping
Plants & Guidelines suitable for the locality and further request that the BBQ and unapproved
fencing be removed from public land as part of the works undertaken pursuant to this
approval.
17. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
18. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
19. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Damage to infrastructure
20. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
21. Where damage occurs to any Council asset as a result of the landscaping works, the damage
must be repaired immediately where it creates a hazard that presents risk to person or
property. Non-hazardous damage must be repaired prior to completion of works.
Car Parking
22. The applicant must comply with the requirements of any Infrastructure Agreement entered
into with the Council with respect to the payment of car parking contributions in relation to
the proposed development. In the event that the Infrastructure Agreement does not apply a
minimum of 42 car parking space must be provided and marked on the site and made
available and accessible at all times while the use is open for business.
23. A minimum of 38 car parking spaces must be provided on the site in accordance with
approved plans; made available and accessible at all times while the use is open for
business.
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24. The new (or modified) car parking spaces must comply with AS/NZS2890.1:2004 Parking
Facilities -Part 1: Off-street car parking.
25. All car parking areas and access driveway must be maintained exclusively for vehicle parking
and manoeuvring and kept in a tidy and safe condition at all times.
26. Certification by a suitably qualified person for the new (or modified) car parking spaces is to
be submitted to Council upon the completion of works and prior to issuing the Certificate of
Classification to confirm compliance with the conditions of this permit.
Additional conditions – 15 February 2024
Performance Bond
27. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, 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. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
28. No structures are approved or permitted within the Park Road or Hastings Street road
reserve.
Landscaping
29. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the approved concept plan & sections
b. landscape gardens along the Hastings Street and Park Road frontages adjacent
tenancy 3,4 and 5 to incorporate the use of structural soil cells to create suitable volume
of growing media capable of sustaining tree growth
c. Corymbia tessellaris to be incorporated as feature trees within the gardens provided
with structural soil cells adjacent tenancies 3,4, and 5
d. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
e. does not include the use of synthetic turf or similar
30. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Damage to infrastructure – Hastings Street and Park Road
31. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
32. Where damage occurs to any Council asset as a result of the landscaping works, the damage
must be repaired immediately where it creates a hazard that presents risk to person or
property. Non-hazardous damage must be repaired prior to completion of works.
5. REASONS FOR APPROVAL
1. The proposal complies with the Overall Outcomes of the Noosa Heads Locality Code as the
development will provide for additional outdoor dining and amenities for entertainment and
dining premises, providing interest for visitors and residents accommodated in the immediate
area, and contributing to a vibrant pedestrian friendly streetscape;
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2. The development is consistent with the bulk and scale of buildings within proximity to the
subject site, presenting an improved, high quality built form and landscaping along both
Hastings Street and The Parade.
6. REFERRAL AGENCIES
Not applicable.
7. 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
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the Building Code of Australia – 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 Building Code of Australia – Part D3 as they relate to people with disabilities, one or both
of the following may impact on the proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth); and
(b) Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to
address equitable access and facilities in the building:
(a) 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 AS 1428.2;
(b) applicants should be aware that a “Disability Standard on Access to premises” is
currently being developed and most likely will impose changes on the Building Code
of Australia; and
(c) any services and facilities in the building complex should allow independent,
dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
2. 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.
Additional Advisory Note – 15 October 2020
Infrastructure Charges
3. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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Advertising Devices
4. Any advertising devices proposed on the site must comply with the provisions of Council’s
Advertising Devices Local Law.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Works Landscaping
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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
Manager - Development and Regulation
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 9 July 2013.
• Decision Notice – Minor – MCU13/0081.01, include additional conditions & advisory notes.
• Generally in Accordance Letter – MCU13/0081.02 – 13 September 2021.
• Decision Notice – Minor – MCU13/0081.03, with an amendment to conditions 10, 23, 24 & 26 and additional conditions 27, 28, 29,
30, 31 & 32.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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