Decision Notice - Council Meeting Decision MCU19 0066

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU19/0066
Your Reference:	n.a
6 May 2020
S Freitag
2197 David Low Way
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 April 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0066
Street address:	2197 David Low Way Peregian Beach
Real property description:	Lot 625 P 93121
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Commercial Business Type 1 Office)
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
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
SK0 1.2	A	Site Plan prepared by pent Archi	10/10/2019
SK0 1.3	A	Floor Plan prepared by pent Archi	10/10/2019
Nature and Extent of Approved Use
The approval allows for 32m2 of Office for the purpose of a real estate agency.
The Office (real estate) may operate 8.00am to 6.00pm, Monday to Saturday.
A maximum of 2 staff are permitted on site at any one time.
The real estate agency must be limited to sales only, no rental listings are permitted.
Car Parking
A minimum of 2 car parking spaces must be provided on the site in the area noted as Staff car parking on the approved plans.
All staff must be directed to park within the approved staff car parking area as shown on the approved plans.
The staff car parking must be made available and accessible to staff at all times while the use is operating.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Advertising Devices
Any advertising sign or device must comply with Council's policies on advertising
reasons for approval
Council found the following matters relevant to the assessment and sufficient reason to approve the application:
The site has not been used for residential purposes for a significant period of time as it obtained a building approval for a Kiosk in 1969 and planning approval for a Nursery in 1972.
The proposal will not result in additional commercial use area as it utilises part of an existing building associated with an existing lawful commercial use.
The proposed use will not result in any significant new or additional impacts on the surrounding residential amenity.
referral agencies
Not Applicable
advisory notes
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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/chargers), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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
Not applicable.
submissions
There were 39 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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,
Kerri Coyle
Manager Development Assessment

Enc:	List of Submitters
Appeal Rights
Approved Plans/Documents

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Jacqueline Harding	19 Plover Street Peregian Beach QLD 4573
Rankin Lester Harding	19 Plover Street Peregian Beach QLD 4573
Pamela Murphy	28 Plover Street Peregian Beach QLD 4573
Angela Williams	28 Plover Street Peregian Beach QLd 4573
Linda Tonkin	7 Plover Street Peregian Beach QLD 4573
Matthew Hansen	7 Plover Street Peregian Beach QLD 4573
Cheryl Stork	1 Lake Weyba Dr Weyba Downs QLD 4573
Leonore Tonkin	7 Plover Street Peregian Beach QLD 4573
Kerwyn Kleinschmidt	7 Plover Street Peregian Beach QLD 4573
Margaret Hansen	7 Plover Street Peregian Beach QLD 4573
John Wells	38 Pelican Street Peregian Beach QLD 4573
Catherine Jackson	415 Bronte Rd Bronte NSW 2024
Manoli Astoreca	38 Pelican Street Peregian Beach QLD 4573
Mathieu Colin	38 Pelican Street Peregian Beach QLD 4573
A Jackson	415 Bronte Rd Bronte NSW 2024
Narin Eleanor Harrison	24 Woodland Dr Peregian Beach QLD 4573
Quintin Jackson	415 Bronte Rd Bronte NSW 2024
Eden Me-Tal	13 Macleay St Ryde NSW 2112
Ray Pennay	1 Piper Street Peregian Beach QLD 4573
Iza Wells	38 Pelican Street Peregian Beach QLD 4573
Kasi Rakic	1/80 Peregian Esplanade Peregian Beach QLD 4573
Mary Crawford	6 Pelican St Peregian Beach QLD 4573
Fran Pennay	1 Piper Street Peregian BeachQLD 4573
Luc Pacant	38 Pelican Str Peregian  Beach QLD 4573
Kay Sagar	1 Pennant Ct Peregian Springs QLD 4573
Mark Jones	244 Doonan Bridge Rd Verrierdale Qld 4573
Frances Anderson	164 Valdora Rd Valdora Q 4561
Jo Daley-Te Moana	15 Weyba Park Dr Noosa Heads
John Sagar	1 Pennant Court Peregian Springs QLD 4573
Michael Anderson	164 Valdora Road Valdora QLD 4561
Mia Wells	38 Pelican St Peregian Beach QLD 4573
Robert Taylor	1 Lake Weyba Dr Weyba Downs QLD 4573
May Lee	244 Doonan Bridge Rd Verrierdale Q 4562
Darren Tindale	1/12 Plover St Peregian Beach QLD 4573 [email protected]
Kerry Simmonds	1/12 Plover St Peregian Beach QLD 4573 [email protected]
Jill Wakeman	28 Highmont Drive Belmont VIC 3216 [email protected]
Ian Wakeman	28 Highmont Drive Belmont VIC 3216
Marie Curtin	57 Oriole Ave Peregian Beach QLD 4573 [email protected]
Robbie Neller	[email protected]

	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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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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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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