Decision Notice - 010.2006.00001977.001 · 132006.1977

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	2006/1977	Date of Decision:	7 February 2007
Applicant Details
Name:	Palander Corporation Pty Ltd
Postal address:	CARE Dillon Folker Stephens Town Planners
PO Box 605
MAROOCHYDORE  QLD  4558
Phone no:	5443 5566	Fax no:	5443 9977

PROPERTY DESCRIPTION
Street address:	1/1 Eugarie Street, Noosa Heads
Real property description:	Lot 1 BUP 102871, County of March, Parish of Weyba
Owner Details
Name:	Palander Corporation Pty Ltd Tte
Postal address:	11th Floor
53 Martin Place SYDNEY  NSW  2000
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Material Change of Use	Professional Office & Medical Centre 	No	Yes
Decision details
Council on 7 February 2007 decided to:
A.	Approve the application and grant a Development Permit, subject to the conditions.
B.	Find that the following are sufficient planning grounds to justify the decision despite the conflict with the 1997 Strategic Plan: -
	1.	The proposed uses are consistent with approved uses operating from the site;
2.	The proposal seeks to utilise an existing building and does not increase gross floor area.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
Not applicable.
SUBMISSIONS
Nil.
Conditions
The approval is subject to conditions. Noosa Council’s conditions are attached.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All building works
Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Council	Signature:		Date:	13/02/07

	Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development which are titled and numbered Ground Floor Plan 9329-RZ1 and First Floor Plan 9329-RZ2 prepared by Hurst & Harris Architects Pty Ltd and dated January 1994 and as may be amended by these conditions.
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.
Existing trees on the site and within road reserves are to be retained.
Any advertising sign or device is to comply with Council's policies on advertising.
A maximum of 3 medical practitioners shall operate from the premises at any one time.
The proposed use shall not operate outside the hours of 8am and 6pm Monday to Friday and 8am and 12noon Saturdays.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Any new kitchen and bathroom fittings shall comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min.
Any new hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The Development Permit for a material change of use of premises lapses if the use has not happened by 7 February 2011, unless an application to extend the currency is approved by Council.
Land Development
Park Contributions
A Park contribution of $110 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to commencement of use in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements for Development Applications.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Pathway Contributions
A pathway contribution of $111 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the Council prior to commencement of use. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP2 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.
Water Supply	$633
Sewerage	$1,073
TOTAL	$1,706
All headworks contributions must be paid prior to the commencement of use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Environmental Health
A clinical waste service provided by a licensed clinical waste contractor must be provided for the activities.

	Local Laws, Policies & State Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM CONDITIONS OF APPROVAL
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 / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Professional Offices	308 m2 Use Area	Professional Offices 	308 m2 Use Area
Showroom	337 m2 Use Area	Showroom	201 m2 Use Area

Professional Offices  / Medical	176 m2 Use Area
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $5,336 and is subject to variations in the Consumer Price Index, All Groups Brisbane from September 2006 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
Prior to the commencement of the development, a plumbing assessment may be required from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
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.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to premises” and AS 1428.2;
Applicants should be aware that a “Disability Standard on Access to Premises” is being developed and most likely will result in changes to the Building Code of Australia;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the facilities for all people.
No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
All refrigeration plant including motors, should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.

	Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
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;
the decision to give a preliminary approval when a development permit was applied for;
the length of a currency period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a currency period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the currency period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
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 notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Also, a person who has made a request mentioned in subsection (1)(a) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
Appeals against decisions to change approval conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a decision made on an application to change the conditions attached to an approval given under section 2.19(3)or section 4.4 of the repealed Act may appeal to the court against-
the decision; or
a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be started within 20 business days after the day notice of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a decision of a local government or the conditions applied under a local law about the use of premises or the erection of a building or other structure permitted by the planning scheme may appeal to the court against the decision or the conditions applied.
(2) The appeal must be started within 20 business days after the day notice of the decision is given to the applicant.

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

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Referral Agency	Address	Basis
<<name of referral agency>>	<<address of referral agency>>	<<referral basis>>
Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<<insert applicable codes for self-assessable development >>.
SUBMISSIONS
<<insert submission details if applicable>>. See attached list.
Conditions and insert reasons for refusal.
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Type name of officer signing