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SUPERSEDED - Minor Change Existing Approval MCU17 0024 02 [As Published] · MCU17/0024.02
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU17/0024.02
Your Reference: 002826
18 December 2024
Sunshine Beach Surf Life Saving Club Inc
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected] [email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 18 October 2024, 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: MCU17/0024.02
Street address: Sunshine Beach Slsc 4 The Esplanade Sunshine Beach Qld 4567
Real property description: Lot 5 SP 269274
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 19 October 2017
• Development Permit for Material Change of Use of Premises - Entertainment & Dining
Business Type 1 Food & Beverages and Type 2 Recreation, Amusement and Fitness.
In relation to the request to make a minor change to the existing approval, Council on 17 December
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
C. Include additional Advisory Note
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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 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.
3. Plan Rev. Plan/Document Name Date
No.
0000 A Cover Page, drawn by Andrew Bock February
Architecture 2017
1002 B Proposed Site Plan, drawn by Andrew Bock March 2017
Architecture
1003 B Proposed Site Plan – Aerial Photo, drawn by March 2017
Andrew Bock Architecture
1004 B Proposed Roof Plan, drawn by Andrew Bock March 2017
Architecture
1005 B Proposed Upper Floor Plan, drawn by Andrew March 2017
Bock Architecture
1006 C Proposed Ground Floor Plan (from IR July 2017
response) , drawn by Andrew Bock Architecture
1007 A Proposed Lower Floor Plan, drawn by Andrew March 2017
Bock Architecture
1008 B Proposed Landscape Plan, drawn by Andrew March 2017
Bock Architecture
2001 B Proposed Elevations, drawn by Andrew Bock March 2017
Architecture
2002 B Proposed Elevations, drawn by Andrew Bock March 2017
Architecture
2003 B Proposed Sections A & B, drawn by Andrew March 2017
Bock Architecture
2004 B Proposed Sections C & D, drawn by Andrew March 2017
Bock Architecture
2005 B Proposed Sections E & F, drawn by Andrew March 2017
Bock Architecture
3001 A Perspective Views North and North West, February
drawn by Andrew Bock Architecture 2017
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3. Plan Rev. Plan/Document Name Date
No.
3002 B Perspective Views West and South West, March 2017
drawn by Andrew Bock Architecture
3003 A Perspective Views East and North East, drawn February
by Andrew Bock Architecture 2017
3004 A Perspective Views View to Entry and Deck February
Lounge, drawn by Andrew Bock Architecture 2017
3005 B Aerial View showing Height line, drawn by March 2017
Andrew Bock Architecture
3006 B Views showing Height line, drawn by Andrew March 2017
Bock Architecture
4001 A Colours and Textures of Sunshine Beach, February
drawn by Andrew Bock Architecture 2017
4002 A Proposed Material Palette, drawn by Andrew February
Bock Architecture 2017
SDD11 A Main Level Floor Plan Proposed – Part Plan, October
drawn by Andrew Bock Architecture 2024
SDE01 A Main Level Floor Plan Proposed – Extg Terrace October
Glazing Southeast Elevation - drawn by 2024
Andrew Bock Architecture
Annotated by Noosa Council
SDE02 A Main Level Floor Plan Proposed – Extg Terrace October
Glazing North East Elevation - drawn by 2024
Andrew Bock Architecture
Annotated by Noosa Council
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
SD-01 1 ROOF CLOSURE CONCEPT – PAGE 01 JULY 22
SD-03 - ROOF CLOSURE CONCEPT – PAGE 03 – JULY 22
SECTION
Amendments The envelope of the proposed roof is shown outside the site/ lease
area and is not approved.
Provide an amended plan and section which shows the roof within
the site /lease area.
*(Refer to Advisory Note)
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Building Height
4. The maximum height of the development must not exceed 11 metres above the finished
ground level and the natural ground level.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational 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.
Building appearance
7. Roof materials must be non-reflective and the building must be finished with muted earth
tones to minimise the visual impact of the development and blend in with the sites natural
setting, and be in accordance approved plan 4001 & 4002 Revision A, drawn by Andrew
Bock, dated February 2017.
8. The building must be finished in a mix of light-weight materials reflective of the sites natural
setting and be in accordance with approved plan 4002 Revision A, drawn by Andrew Bock,
dated February 2017.
NOISE
8. All amplified noise at the premises must be conducted through a sound limiting device at
all times to ensure that noise does not exceed the following:
i. between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus
adjustments for tonal and impulse components, exceeding the background level LA90
by more than 10dB(A);
ii. between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band
with centre frequencies from 63HZ to 2000HZ, exceeding the background level
LOCT90 by more than 8dB in any octave band.
Condition 8 i and ii shall apply for 12 months commencing 22 May 2020, unless further
extended by Council in writing. After that time if not extended by Council in writing condition
8 iii and iv shall apply:
iii. Noise emanating from the premises including amplified or non-amplified noise and
patron noise prior to 10.00pm must not exceed 90dBC, fast response, when
measured approximately 3 metres from the source of the noise; and
iv. Noise emanating from the premises including amplified or non-amplified noise and
patron noise after 10.00pm must not exceed 85dBC, fast response, when measured
approximately 3 metres from the source of the noise.
9 The sound limiting device is to have a locking mechanism, which is to be locked at all times
except for inspection or maintenance work on the device.
10 Access to the sound limiting device, except for maintenance work, is restricted to the
licensee, nominee and the person in charge of the premises at the time.
11 The sound limiting device must be checked and if necessary calibrated by a qualified acoustic
engineer at least every 12 months to ensure compliance with the conditions of the license.
Evidence of the sound limiting device calibration must be made available to an investigator
or police on request.
12 Air-conditioning and refrigeration plant noise levels must not exceed the following:
a. Between 10.00pm and 7.00am no more than 3dB(A) above the background level; or
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b. Between 7.00am and 10.00pm no more than 5dB(A) above the background level
13 Delivery vehicles and deliveries must not be audible:
a. On a business day or Saturday, before 7.00am or after 7.00pm
b. On any other day before 8.00am or after 7.00pm
Hours of Operation
14 The use may operate 7 days a week from 10am to 12am (with the exception of New Year’s
Eve where it may operate until 2am). The outdoor dining area is not to be utilised after 10pm.
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Car Parking
15 The existing carparking area adjacent to the surf club building must be upgraded. The works
must be generally in accordance with drawing number 1006 Revision C prepared by Andrew
Bock Architecture and undertaken in accordance with an Operational Works approval and
must include in particular:
a. detail to demonstrate that sufficient area is provided for delivery/service vehicle
movements including clearances;
b. materials and surface treatments to prioritise pedestrian movements and other
“shared” areas;
c. signage to designate pedestrian paths, shared areas and vehicle movement areas;
d. bollard and seating design and other surface treatments in accordance with Council’s
“look and feel” (Council’s design principles and local colour palette);
e. detail to clearly indicate stormwater drainage paths;
f. a reconfiguration of the carparking access, aisles and spaces to improve performance.
16 Car parking in Webb Road must be upgraded to provide 4 additional on street car park
spaces and include in particular provide:
a. filling, roadworks and drainage works;
b. linemarking;
c. dimensions and grades in accordance with AS/NZS2890.1:2006.
The proposed works are to be undertaken in accordance with an Operational Works
approval. The works must be generally in accordance with drawing number 16636-SK01
Revision A prepared by TOD Noosa.
Paving Treatment of Vehicle Movement Areas
17 Alternative materials, surface patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas, shared areas and pedestrian paths.
18 A Construction Management Plan for the development must be submitted to and approved
by Council at least 5 working days prior to the commencement of any Building works or at
least 5 working days prior to the pre-start meeting for Operational Works. The Construction
Management Plan shall include but not be limited to:
a. site working hours;
b. communication and consultation processes with surrounding premises;
c. control and suppression of –
(i) noise
(ii) vibration;
(iii) dust;
(iv) odours and exhausts control; and
(v) site working hours
d. employee and contractor induction and education processes.
19 A Traffic Management Plan for each separate construction phase of the development must
be submitted to and approved by Council at least 5 working days prior to the commencement
of any works or at least 5 working days prior to the pre-start meeting for Operational
Works. The Traffic Management Plan must include but not be limited to:
a. limiting the routes for the heavy vehicles to the major road network and define the route
to the site;
b. indicate provision for on-site and off-site parking and shuttle buses (if required) for the
required workforce;
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c. indicate the location of loading and unloading areas;
d. indicate the location of any “holding” areas for heavy vehicles;
e. operating hours.
20 Construction staff must not park within the Council carparks in Belmore Terrace, Duke Street,
Webb Road or any other surrounding street. Parking must either be on site or at a suitable
off-site location serviced via a shuttle bus. Details must be included in the Traffic
Management Plans for the site.
Bicycle/Scooter Provision
21 Four bicycle racks (capable of accommodating 8 bikes) and 4 scooter spaces must be
provided on site at the rear of the building. The works must be undertaken in accordance
with an Operational Works approval and clearly shown on the plans for carparking.
Stormwater Drainage
22 The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. Connection of any new works on site and in the carparking area to the existing
stormwater drainage system;
b. The works in Webb Road must be generally in accordance with drawing number
16636-SK01 Revision A prepared by TOD Noosa and include sufficient detail:
i. To quantify the catchment and calculate runoff to the proposed inlet and define
overland flow component bypassing the inlet in a 1% AEP event
ii. To demonstrate improved inlet capture
iii. To demonstrate how the adjacent 1in 4 fill batter is to be stabilised to avoid scour
when flows bypass the proposed inlet
iv. To demonstrate that cars parked in the adjacent carparking spaces will not be
flooded in a 1% AEP event
Geotechnical Stability
23 All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
24 Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the Geotechnical Report for the
development and that the development has a minimum factor of safety against landslip of
1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
25 All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
26 All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
27 Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
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a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Landscaping Works
28 The development site must be landscaped. The works must be undertaken in accordance
with Planning Scheme Policy 3 – Landscaping Plants and Guidelines for that specific area
and must include in particular the works shown on the Approved Plans.
29 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.
30 All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Retention of Existing Trees and Vegetation
31 All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
32 A “no clearing zone” must be established and maintained over the existing vegetation on the
subject site. The following activities must not be carried out within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
i. declared plants under the Land Protection (Pest and Stock Route Management) Act
2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
Weeds, Exotic Grasses and other plants identified in writing by Council
ii. indigenous native trees which pose a well-founded threat to persons or property as
approved in writing by Council
5. REASONS FOR APPROVAL
The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
1. The proposed Entertainment & Dining business Type 1 Food & Beverage use is associated
with the Surf Club use.
2. The proposed development seeks to redevelop the existing surf club, will maintain the same
footprint and will result in a significantly improved facility for residents and visitors to Sunshine
Beach.
3. The proposal will result in improvements to existing on street carparking and pedestrian
access pathways in the area, improving access to carparking and safety for pedestrians.
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:
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Infrastructure Charges
1. This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning
Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted
Charges).
Other
2. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Resubmission of Amended Documents Required
3. The conditions of this Decision Notice require resubmission of the plans to Noosa Council
with amendments for approval by the Manager of Planning. Please address the amended
plan/s to Council’s Development Assessment Branch with the Reference No.
MCU17/0024.02.
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 Operational Works Carparking, earthworks/retaining walls,
stormwater, landscaping
Development Permit for Building Works All building work
11. SUBMISSIONS
Not Applicable
12. SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued
under this Decision Notice must be complied with.
• Advertising Devices Code
13. 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.
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14. 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,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 19 October 2017.
• Decision Notice - Minor MCU17/0024.01 – 21 May 2020, with an
amendment to condition 8
• Decision Notice - Minor MCU17/0024.02 – 17 December 2024,
amend condition 2.; include additional Advisory Note.
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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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