SUPERSEDED Decision Notice [As Published] · 132009.1102

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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.
5.       The Development Permit for Material Change of Use lapses if the use has not commenced
         by 22 January 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 are to 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.
Noise
9.       Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool
         pumps etc) shall comply with the following requirements:
         The equipment shall be installed and located in a manner that prevents excessive noise in
         accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices
         (on-the-spot fines) may apply for offences.
         A person must not use equipment on any day if it makes or causes noise to be made –
         From 10pm to 7am: More than the lower of either –
            40 dB(A)
            3 dB(A) above the background noise level
Waste
10.      Refuse containers must be provided in accordance with the requirements of the
         Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
         Regulation 2000, for the storage and collection of refuse.
11.      Street litterbins to a design approved by Council’s Environmental Health Section shall be
         supplied and installed at the developer’s expense at agreed locations. Prior approval is
         required from Council’s Vector Control Officer by contacting 5449 5232.

5       REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger            Referral Status     Referral Agency         Referral Address

 Not applicable




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6     APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.      Rev.     Plan / Document Name                      Date
 1736 Sheet 01            C        Floor Plan - Food Strategy                23/09/09

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The applicant is advised that development contributions and infrastructure charges applicable
      to this development approval have been based on the following Uses Class/ Uses and
      applicable quantities:-

         Existing Development                           Approved Development
         Existing Use Class /                           Approved Use Class /
                                 Existing Quantity                                 Approved Quantity
         Use                                            Use
                                                        Entertainment & Dinning
                                                        Business – Type 1 –            2
                                                                                   40m Use Area
         Restaurant (Type 1           2                 Food     &     Beverage
                                 126m Use Area
         Food and Beverages)                            (Outdoor Dinning)
                                                        Retail Business – Type 2       2
                                                                                   86m Use Area
                                                        – Shop
2.    Where applicable, a Compliance Permit for all plumbing and drainage works within the
      boundaries of the development site shall be obtained from Council’s Plumbing Services
      Section prior to obtaining a Development Permit for Building Works.
3.    Plans and application is to be made to Council’s Healthy Places Unit for approval prior to any
      building approval, fitting out or use of the premises for food preparation.
4.    A statement and plans indicating the purpose of the food premises, type of food sold,
      proposed menu, and maximum number of patrons at any time and plans are to accompany
      the application for food preparation.
5.    Construction and use of the food premises should comply with Council’s Food Premises Policy
      and the Food Safety Standards. (Both available from Council).
6.    Plans and approval is required for any mechanical exhaust ventilation system, which should
      comply with AS1668. A certificate from the installer certifying the system complies with the
      Standard must be obtained and lodged with Council prior to commencement of trade.
7.    Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a
      Food License from Council, prior to use of those premises.
8.    The plans for the proposed building work have not been assessed for compliance with the
      requirements of the Building Code of Australia as they relate to people with disabilities. Your
      attention is drawn to the matter that either or both the Disability Discrimination Act 1992
      (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
      proposed building work.
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 (ACH Act).


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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 ACH 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

The following property notes will be placed against the subject property in Council’s property record
system:
Not applicable

9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable
10    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Not applicable

11    SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Not applicable

12    SUBMISSIONS
There were 1 properly made submission about the application. In accordance with Integrated
Planning Act 1997, 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
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).




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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




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                             List of Submitters
                             INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




Name           Company               Address 1              Address 2
Peter Byrnes   Worba Lodge Pty Ltd   9/49 Hastings Street   NOOSA HEADS           QLD
                                                            4565




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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
a.                                                             (a) a notice giving a decision on a request to change
1
     Section 3.1.6 (Preliminary approval may override              or cancel a condition of a development approval.
    local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
     application;
(b) a matter stated in a development approval,
     including any condition applying to the
     development, and the identification of a code
     under section 3.1.6;3
(c) the decision to give a preliminary approval when a
     development permit was applied for;

a.
2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
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