Minor Change Existing Approval 51992.532.01

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	51992.532.01
Your Reference:	10620
12 April 2021
Excelfit Pty Ltd
C/- Suncoast Building Approvals
PO Box1054
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 March 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51992.532.01
Street address:	11 Kauri St Cooroy Qld 4563
Real property description:	Lot 3 RP 840262
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 13 March 2002 (Original Decision 26 November 1992)
Development Permit for Material Change of Use of Premises – Childcare Centre (Extensions)
In relation to the request to make a minor change to the existing approval, Council on 12 April 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional condition
currency period of approval
The currency period for this development approval is as per Condition 18 of the approval.
assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans 92-231-2, 92-23-1and 00,117WD01 & 02, prepared by Jacques Retif Planning & Draughting and dated Jan 2002 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Carparking shall be provided within the site as shown on plan 02/18-03 dated February 2002 as submitted by John Norden & Associates except as modified herein for at least 12 spaces including 1 clearly marked disabled car spaces shall be included on site.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval.  Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Construction work and other activities are permitted only during the hours of 7.00 am to 6.00 pm Monday to Saturday.  No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Any advertising sign or device is to comply with the provisions of Council’s policies on advertising.
Payment of contributions in accordance with Council’s Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval.  An estimate only of the charges as at November, 1992 under the current policy is as follows:

Water Supply -  $5080
Sewerage      -  $2734
TOTAL              $7814

Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council’s policy.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged, prior to the release of that Approval.  The contribution is then required to be made within fourteen (14) days of the issue of Building Approval.
The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the satisfaction of the Shire Engineer.  The footpath is to be generally located 0.9 metres from the property alignment, though a curvilinear alignment may also be acceptable and desirable.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council’s existing sewerage reticulation system at the developer’s expense to the standards and requirements of the Shire Engineer.
The developer shall provide a metered water connection from the water supply system to the proposed development, in accordance with Council’s standards and to the satisfaction of the Shire Engineer.
Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties to the satisfaction of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
Should meals be provided to children a requirement will exist for the food preparation area to be constructed to comply with Noosa Council food code and for the premises to be licensed in accordance with the requirements of the food hygiene regulations.
Submission of a cash bond or trading bank guarantee to the sum of $3000 to secure performance of conditions, prior to the issue of Building Approvals.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the approved use.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purposes of litigation should the use not be conducted in accordance with this approval.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months.
Additional Conditions – 13 March 2002
The existing gum tree located to the Kauri Street frontage shall be retained and protected during construction of the car park
Prior to undertaking any excavation, the person acting on this permit shall contact public utility service providers to ascertain the location of their underground services.
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work. The application may combine any or all of these classes of work:-
Site Civil Works
Sediment and Erosion Control
The Applicant shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath, kerb and gutter, or other Council property and facilities damaged as a result of construction of the proposed development.
The carparking / manoeuvring area shall be drained and the sealed pavement constructed to access road standards.  Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28 and PSP 30 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 as of December 2001 under the current policies is as follows:
Water Supply	$1821
Sewerage	$1696
TOTAL	$3517
All headworks contributions shall be paid prior to the issue of a Development Permit for Operational Works.
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.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Building Works.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of building works, all physical site control measures shall be installed, and the plan adhered to.
The site shall be connected to Council’s Water Supply and Sewerage reticulation systems to the Water and Sewerage design guidelines.
Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
Additional Approved Plans – 12 April 2021
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
E142-CC-01	A	Vicinity, Site + Awning Plan, prepared by Excelfit Pty Ltd	31.01.21
E142-CC-02	A	Vicinity, Site + Awning Plan (Elevations), prepared by Excelfit Pty Ltd	31.01.21
referral agencies
Not Applicable
advisory notes
Infrastructure Charges
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.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work
submissions
Not Applicable
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.
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.
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

Tara Norley
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 26 November 1992.
Decision Notice - Minor 13 March 2002 – Amend conditions 1 & 2 & additional conditions 19-27
Decision Notice Minor – 51992.532.01 – 12 April 2021 – Additional condition 28

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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