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04/4078 - Change to Conditions of Approval [As Published] · 132004.4078.04

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Our Reference: P00646 L16 HB

 

  
  
 

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20" August 2007 NOOSA SHIRE CopNc, cit

\- , FRONT COUNTER

Chief Executive Officer
Noosa Shire Council
P.O. Box 141
TEWANTIN Q 4565

 

Attention: Tracy Arthur - Land Use Section

_ Dear Sir/Madam

RE: Development Application for a Request to Change an Existing Approval for Indoor
Entertainment — redevelopment of SLSC & toilet block over land described as Lot 3
on CP 862568 and situated at 61 Hastings Street, Noosa Heads

Martoo Consulting Pty Ltd has been engaged by Noosa Heads Surf Lifesaving Club, as applicant
for the above proposal to submit a development application to Noosa Shire Council under the
Integrated Planning Act 1997. This application seeks a change to an existing approval to modify
Condition 8 of Decision Notice 2004/4078.

! note that during previous discussions with Tracy Arthur regarding this matter, she resolved to

‘allow the subject application to be lodged with a waiver of assessment fee given the community

nature of the applicant.

Condition 8: —_No line marking or signage shall be erected reserving any space for club employees,
members or similar persons, with the exception of two carparking spaces adjacent to
Tourist Information Centre and one of the spaces in the north western comer, which
shall be signposted for restricted usage, making these spaces available for the Tourist
Information Centre during business hours. The two spaces in the south eastern corner
adjacent to the Tourist Information Centre are to be further restricted to allow this area
to be used by service vehicles for loading and manoeuvring purposes. in this regard,
no parking is permitted in these two spaces between 6am and 9:30am, 7 days a week
to allow for service vehicle loading and manoeuvring purposes.

It is assumed that Condition 8 refers to the ‘north-western corner of the existing building’. The
applicant advises Council that this area is within the Club's current lease area and these existing
spaces are currently used for emergency vehicles associated with surf lifesaving activities. It has
always been the Club's intention to retain the use of this area for surf lifesaving activities. In this
regard it is noted that the Noosa Heads Surf Lifesaving Club is more and more frequently being
called to attend emergency situations at Alexandra Bay and Noosa’s North Shore. Due to the
remote location and rough surf conditions of these areas, surf lifesavers access is often provided
by the Club’s 4WD vehicle. It is widely acknowledged that a fast response time is critical in a
majority of these emergencies.

SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS @ 4567 1/28 REEF STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725

[email protected] [email protected]

TELEPHONE 07 54827440 - FACSIMILE 07 54824952

 

martoo

Contact Planner. © Hannah Blue — consu iting a

pty ltd

town planners +
urban designers
Full text of the other 4 pages

Page 2

@ Page2

If the Club’s vehicle were to be located within the gated basement parking area (located approximately
50 metres from the Surf Club Tower), this would significantly increase emergency response times.
Accordingly, it is considered the best use of the two car parking spaces located adjacent to the north-
western corner of the existing building is for Surf Lifesaving purposes only.

Further, the applicant queries why the proposed Surf Club development is required to support the
carparking needs generated by staff from Council’s Tourist Information Centre. The development
approval pertains only to the "Redevelopment of SLSC & Toilet Block” and not the construction of an
Information Centre. In fact, the approved plans clearly state that the “Tourist Information Centre &
Public Toilets (do not form part of this application)”.

It is noted that the original development permit did not include the floor area of the Information Centre
as part of the carparking calculations, instead basing it simply upon the increase in commercial area of
the Club. Nor did this Development Permit include conditions requiring the dedication of parking bays
Information Centre staff members.

The applicant acknowledges that the two parking bays adjacent to the rear wall of the Information
Centre are well placed to practically provide parking for this facility, and accepts the dedication of these
for such purposes. However they consider Council's requirement for a third space to be located within
the subject site is not to be necessary. In this regard it is noted that the current Information Centre is
not supplied with carparking other than that within the public carpark to its rear, and accordingly the
proposal will still result in an overall increase in the availability of parking on the subject site.

Condition 9: The commercial operations on the site are restricted to the hours of 7:00am to 12
midnight, 7 days a week.

The hours of operation detailed by Condition 9 reflect the general operating times of the Club during the
majority of the year. However, over past-years, the Club has been allowed during peak periods (Friday
& Saturday nights during holiday periods, New Years Eve etc.) to operate up until! 2am. These
extended hours are subject to a separate approval from Council and QLD Liquor Licensing.

Accordingly, it is requested that Condition 9 be amended to allow this ‘peak period’ flexibility. The
applicant submits that the amended condition may reference the separate application process with
Council’s Environmental Health and QLD Liquor Licensing.

Condition 15: The northern deck area is permitted to operate between 9am and 12 midnight, seven
(7) days a week.

Given the hours of operation allowed by Condition 9 (ie. 7:00am to 12 midnight) it is requested that the
northern deck area be allowed to also operate in accordance with these. Further, it is requested that
the northern deck be subject to the ‘peak period’ operating hours as requested above.

The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our office if you require any further information and/or clarification with respect
to the above application.

ae

Page 3

} Rook]o ill
“INTEGRATED PLANNING ACT 199?

SAT 2

Form 2, Version 3.3, 29 May 2006

      

Request to change an
existing approval

 

 

 

 

Descripton of fand 1. Street address fnoluding house number, street name, suburb/locafity nama & postcode) (if appiicable)
Aland thn subject ofthe application mustbe | [ 6 Hastings Street, Noosa Heads
identified.
Advice for completing Qt : 2. Number on existing development permit or 3. Date issued:
. A descrpton ore ong Smet reared in preliminary approval sought to be changed:
ion to a mobi ry r
environmentally relevant activity. | 2904/4078 J [7 April 2005

 

Advice fo. completing Q2 and Q3 Name of water body or watercourse, within which the development is proposed: ft sppfcable) _

 

 

 

 

 

 

 

 

 

 

Provide th information from the existing
approval tat is the subject of this request for [NA
change . .
Advice for completing a4 5. Lot.on plan description (eg. Lot 123 on RP 4567)/GPS coordinates
Q4 applies if development is proposed ina [ Lot 3 CP 862568 |
water body or watercourse ee :
Advice for completing OS 6. The above description is for: (tick appicable box}
Most land an be identified by a lot on plan (i) the fand on which the development is proposed; or
Gescriptior . These details can be obtained fram Ci) the land adjoining the water body or watercourse, within which the development is
{We docurr ents or through the local roposed; or
government. . ol ,
However, if he land an which the development LD Gil) the water body or watercourse.
is propose does n0f have a lot on plan 7. Shop / tenancy number: (if appfcebie 8. Storey / level: (it eppiiceble
descriptior: (i.¢. the development is proposed in pe ey Nu (apo! 2 Y {it eppl J
a waler body or watercourse) - [WA | [ NIA
(i) provide the kt on plan description for the
adjoint ig/adjacent land: or
{il} provide GPS coordinates where there is no
adjoining/adjacent land (1.¢.-in Moreton
Bey).
Advico for, somata 8 ‘3 9. Total area of land: (m?/ha) .
does not apply if the development is 7 ~
proposed wilhin a water body or watercourse | 5,340m2 {including carpark) |
Advice for completing Q10 10. Local government area in which the land is situated (eg. Brisbane, Esk, Hervey Bay, Wooced ef) (if
Q10 only epplies if development Is proposed applicable) ‘
wilhin a local govemment area. N
Tidal areas are below high water mark and are joosa
potwilhin a local governments area,
Advice (or completing Q17 11. Port authority for the strategic port land or strategic port land tidal area on which the

Q11 only applies if development Is proposed on ent i 7 Port of Te ite) (if appli
slrategic portland or a strategic port tand tidal development is proposed (eg. Por of Brisbane, Port of Townsvite) (if apptcable)

area. [WA |
For more information refer to Guide 14 : -

Devefopm2nt on strategie port land

Note; These details wil be inctuded in the
original decision notice for the approval you
now wish Io modify,

 

 

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Page 4

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INTEGRATED PLANNING ACT 199?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fon 2, Version 3.3, 29 May 2006
Applicant details 12. Name: . ~ :
Clearly identify who is making the application. | Noosa Heads Surf Lifesvaing Club C/-Martoo Consulting Pty Ltd |
The applicant need not be the owner of the
land. 13. Postal address:
When signing and lodging this application
The applicant is responsible for ensuring the | PO Box 1684 Noosa Heads Q 4567 _|
information provided Is cortect. The . : .
assessment manager, any referral agency and 14, Signature: 7 Zs - 15. Date:
the Chief Executive (where applicable) wil rely .
on this infarmation when assessing and \ May 2007
daciding the application.
Ifthe apnlicantis a company ¥
Accontact 2erson must be shown, All 16. Contact person:
correspondence will be mailed to this address. H
Jannah Blue |
147. Telephone number: 18. Mobile number: (if applicable)
[5455 5425 | [wa |
49. Fax number: (if eppticabie) 20. Email address: (if applicable)

[ 8455 5725 | [h [email protected] |
Land ownerls consent (if apptcab’e) 21. Land owner's consent:
Section 3.5.24(3) of the IPA requires thal lhe I ‘1
land owner's consent must be provided if the Name in Fult Signature 7 igh LY
person making the request to change an ; [ OD a
existing approval is not the land owner. 0 epasiment of Natural Resources see attached onret ef
For information about land owners refer to msocig coh. and Wl
Guide 1 Making on IDAS development ~ RT yah ne
application, (ii) Do niet tor alee
Land owner's consent Is not required for a aie ut spe Mi
mabite or temporaryERA (il) + gg deRSi
{fan owns s is form a
applicant Iheir signature is not required again 1)
in this section.
Wtthere are multiple owners, the consent of
gach ownnr is required.
Resource entitlement (# applicable) 22.

Sections 3.5.22(4) & (5), 3.5.24(3B) & (3C),
and 3.5.33(3B) & (3C) of the IPA may require

the writen agreement of a resource manager if

the request involves a prescribed State
resource, if when the request was made a
development application for the approval waul

have required evidence of resource entittement

under secion 3.2.1(5) of the IPA.

Nature of the request

Any parson may request to modify an existing
approval.

Id

24,

25.

At the time of the request, would a development application for the approval have required
evidence of resource entitlement?

(INO - goto. 024 RQ YES - go io. a23

. Is this request accompanied by the written agreement of the chief executive fram whom the

evidence is required? (tick the appicable box)
go NO - the written agreement of the chief executive must accompany this request
(YES
This request is for:
(J An extension of the relevant period for the development approval (s 3.5.22)
{&] To change or cancel conditions (s 3.5.33)
(J To change the development approval (other than a change of a condition) (s 3.5.24)
Co Achange to conditions of a rezoning approval given under the P&E Act (s 6.1.354)
Provide details of, & justification for, the proposed modification
Amendment fo Condition 8

 

 

 

 

 

Concurrence agencies
Under $3.5.22(1)}{a) & 3.5.24(1a) of IPA, a

copy of this request must be forwarded to each

concurrence agenty for the previous

applicatio prior to ladgement of this form with

the assessment manager. .
Note; "Nc" will abways apply to a request to

change conditions of a rezoning approval given

under the P&E Act.

 

26.

Did the previous application involve concurrence agencies or building referral agencies?
No

YES - fist the concurrence agencies who have been sent a copy of the request for modification

 

{i) Environment Protection Agency - Eco-Access
{ii} Department of Natural Resources & Water

(ii)

 

 

 

 

 

 

Page 5

INTEGRATED PLANNING ACT 1997
Plans and documents

An application should be accompanied by
details te support the proposal & enable the
assessment manager, referral agencies and
any persian viewing the appfication during
public scrutiny or pudlic notification to
understand the scope of the proposal and any
potential impact.

 

27, Plansid sireports

  

Pian { Drawing / Report Number
NIA

this a

lication:

Title

Fon 2, Version 3.3. 29 May 2006

Date

 

 

OFFICE USE ONLY {applicable lo assessment manages)

DATE RECEIVED

3

| REFERENCE NUMBERIS

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