Council archive · source document
SPA Decision Notice - 010.2010.00000628.001 [As Published] · 132010.628
Officer: Marcus Brennan
Direct Telephone: (07) 5449 5225
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/628
Your Reference: 01205 LO2 NG
18 August 2010
Brent Anthony Ogilvie & Philip John Bacon
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 18 August 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/628
Street address: 5/49 Hastings Street NOOSA HEADS
Real property description: LOT: 5 BUP: 8884
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Approval for Material Change of Use - Retail Type Business Type 2 - Shop
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
General
1. 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 and as
may be amended by these conditions.
Plan No. Rev Plan / Document Name Consultant Date
192_100 P1 Site Plan gavinmaddockdesignstudio 13/04/10
192_101 P1 Ground Floor gavinmaddockdesignstudio 13/04/10
Page 1 of 6
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 5 pages
Page 2
2010/628
192_102 P1 Roof Plan gavinmaddockdesignstudio 13/04/10
192_161 P1 North Elevation / South gavinmaddockdesignstudio 13/04/10
Elevation
192_162 P1 East Elevation / West gavinmaddockdesignstudio 13/04/10
Elevation
192_181 P1 Sections gavinmaddockdesignstudio 13/04/10
2. 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.
3. Business deliveries associated with the use shall be managed so that they do not cause a
nuisance to residents in the area.
4. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
Relevant Period
5. The Development Permit for Material Change of Use lapses if the use has not commenced by
18 August 2014, unless an application to extend the currency is approved by Council.
Signage
6. All goods are to be displayed on site within the property boundaries and/or on the premises
approved for the use.
7. The premises shall be identified by the provision of a street number in a prominent location to
ensure it is identifiable to all persons, particularly emergency services personnel.
8. Any advertising sign or device is to comply with Council’s policies on advertising.
Infrastructure Contributions
9. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the
Planning Scheme Policies and variations due to indexation current at the time of payment.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
Page 2 of 6
Page 3
2010/628
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following table:
Plan No. Rev Plan / Document Name Consultant Date
192_100 P1 Site Plan gavinmaddockdesignstudio 13/04/10
192_101 P1 Ground Floor gavinmaddockdesignstudio 13/04/10
192_102 P1 Roof Plan gavinmaddockdesignstudio 13/04/10
192_161 P1 North Elevation / South Elevation gavinmaddockdesignstudio 13/04/10
192_162 P1 East Elevation / West Elevation gavinmaddockdesignstudio 13/04/10
192_181 P1 Sections gavinmaddockdesignstudio 13/04/10
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
1. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
2. The applicant is informed that this development permit will trigger an Infrastructure Charge in
accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
estimated amount of $5,068.00 and is subject to variations in the Consumer Price Index, All
Groups Brisbane from June 2010 until the date of payment. An Infrastructure Charge Notice
will be issued in accordance with Chapter 5 of the Chapter 8 of the Sustainable Planning Act
2009.
3. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
4. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
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 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
Page 3 of 6
Page 4
2010/628
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
There were no 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.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 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.)
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Denis Wallace
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
Infrastructure Contributions Advice Notice
Infrastructure Charge Notice
Page 4 of 6
Page 5
2010/628
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20
may appeal to the court against any of the business days (the submitter’s appeal
following- period) after the decision notice or
(a) the refusal, or the refusal in part, of a negotiated decision notice is given to the
development application; submitter.
(b) any condition of a development approval, 463 Additional and extended appeal rights for
another matter stated in a development submitters for particular development
approval and the identification or inclusion applications
of a code under section 242 (1) This section applies to a development
(c) the decision to give a preliminary application to which chapter 9, part 7
approval when a development permit was applies.
applied for; (2) A submitter of a properly made submission
(d) the length of a period mentioned in for the application may appeal to the court
section 341;; about a referral agency’s response made by
(e) a deemed refusal of the development a prescribed concurrence agency for the
application. application.
(3) However, the submitter may only appeal
(2) An appeal under subsection (1)(a), (b), (c) or
against a referral agency’s response to the
(d) must be started within 20 business days
extent it relates to—
(the applicant’s appeal period) after—
(a) if a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application
appeal against the following matters for the
may appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about
(a) a decision about a matter mentioned in
any part of the application requiring
section 462(2) if it is a decision of the
impact assessment under section 314; or
chief executive (fisheries);
(b) the part of the approval relating to the
(b) a referral agency’s response mentioned in
assessment manager’s decision under
subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
assessment manager to treat the response
(a) the giving of a development approval; as a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
Page 5 of 6
Page 6
2010/628
(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for (3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request; an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
Page 6 of 6
Used in these records
SPA Decision Notice - 010.2010.00000628.001 [As Published]Related documentApplication case desk ↗
About this file
- File size
- 55 KB (small file)
- File type
No other editions are linked here.