Minor Change Existing Approval MCU18 0189.02

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU18/0189.02
Your Reference:	18.1513
7 October 2022
Australasian Conference Association Limited
C/- Gaskell Planning Consultants
PO Box 8103
WOOLLOONGABBA  QLD  4102

[email protected]
Dear sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 11 August 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0189.02
Street address:	20 Cooroy Belli Creek Rd Cooroy Qld 4563
Real property description:	Lot 9 RP 209025
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 1 May 2019.
Development Permit for Material Change of Use of Premises - Education - Type 2 School
In relation to the request to make a minor change to the existing approval, Council on 4 October 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change.
Amend conditions 2 and 8.
Include additional conditions 26, 27 and 28.
currency period of approval
The currency period for this development approval is 6 years starting the day that the original development approval MCU18/0189 took 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
SK-02	P10	Location Plan prepared by Burling Brown Architects	06.07.20
SK-03	P9	Site Plan prepared by Burling Brown Architects	17.04.19
SK-04	P14	Ground Floor Plan prepared by Burling Brown Architects	17.04.19
SK-05	P13	First Floor Plan prepared by Burling Brown Architects	17.04.19
SK-06	P10	Elevations plans prepared by Burling Brown Architects	17.04.19
SK-10	P2	Proposed site car parking plan prepared by Burling Brown Architects	20.07.22
SK-02	P1	Location Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-03	P1	Existing Floor Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-04	P5	Proposed Floor Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-05	P1	Elevations - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-06	P1	Elevations - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-07	P1	Sections - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
MP-04	P1	Proposed Shed Addition Location Plan prepared by Burling Brown Architects	28.06.22
MP-05	P1	Proposed Shed Addition Site Plan prepared by Burling Brown Architects	28.06.22
Q37526		Shed elevations prepared by Mecano Sheds Pty Ltd	2022
Q37526		Shed floor plan prepared by Mecano Sheds Pty Ltd	2022
Land Use
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.
Maintenance and emergency access tracks must be not be provided within landscape buffer areas.
Site cover shall not exceed 40% for the site.
Removal/demolition of buildings, as identified on the plans, must occur within six months from the occupation of the new building.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Nature and Extent of Approved Use
The maximum number of students permitted on site shall not exceed 350 students.
Building Height
The maximum height of the development must not exceed 2 storeys and 9.0 metres above the finished ground level and the natural ground level.
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.
ENGINEERING
Performance Bond
Prior to arranging a Prestart meeting for the operational works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure the performance of all conditions of this approval.  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.
Minimum Floor Height
All buildings must be in compliance with the applicable Minimum Floor Height at the time of the construction.
Earthworks
All earthworks must be carried out in accordance with a Geotechnical Report prepared by a qualified person* and endorsed through a Development Permit for Operational Works approval.  *(Refer to Advisory Note)
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to final inspection/s of works.
A registered practicing Geotechnical Engineer shall test the existing ground conditions for suitability of placing additional fill, prior to such fill being placed.
Any batters shall be at a maximum grade of 1:4 unless retained by an engineer-designed wall or approved retention method.
Any fill imported to the site may only be from a site licensed with The Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
Following completion of the filling works for each stage of the earthworks, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and make recommendations if special foundations requirements will apply.
Bulk earthworks finish levels must take into consideration any building Minimum Floor Level required by the planning scheme at the time of construction.
Earthworks carried out on site must not adversely affect the existing drainage conditions on any other properties or existing roads, and/or the patterns and severity of flooding in the area particularly on downstream roads and properties. Filling works required on site shall not cause additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. Detailed site surveys must be provided with any application for a Development Permit for Operational Works indicating natural surface levels, land contours and any relevant information regarding existing nearby buildings and infrastructure that may be affected by the current proposal.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council prior to obtaining a Development Permit for Operational Works.
Stormwater Drainage
A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare Stormwater Management Plans and engineering drawings for stormwater drainage associated with the development in compliance with Queensland Urban Drainage Manual (QUDM) and shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Stormwater pipelines within the site must generally cater for 10% AEP storm event and secondary flow paths shall be provided within the site to cater for 1% AEP storm event.
The development must not adversely impact on the existing drainage and flooding conditions. The applicant must demonstrate that all stormwater runoffs from the fully developed site must be generally maintained at predevelopment rates for all storm events up and including 1% AEP storm event.
Pathway
New pathways shall generally comply with but not limited to following requirements:
Comply with Standard Drawing SEQ R-065.
Have a slip resistant surface.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Additional Conditions – 4 October 2022
Car parking must be provided as detailed on the approved Proposed site car parking plan (prepared by Burling Brown Architects and dated 20.07.22). The works must be undertaken in accordance with an Operational Works approval and must include:
Parking must be in accordance with the requirements of AS/NZS 2890.1-2004;
74 formalised, sealed and line-marked car parking spaces in the area adjacent to the existing site entrance. This must be implemented prior to the increase in student numbers; and
44 staff parking spaces throughout the site that are formalised, sealed, line-marked and marked as being for staff car parking. These spaces must be sealed within 12 months of the date of this approval.
The 74 formalised spaces adjacent to the existing site entrance must not be used for staff car parking.
Traffic management must include the items detailed at page 2 of the letter provided by PTT Traffic and Transport Engineering, dated 1 April 2022, specifically:
staggered pick-up times (ie 2:45pm for kindy, 3:00pm for prep and 3:10pm for primary and secondary students);
a relocated exit gate for students accessing vehicles at the pick-up area (ie shifted further to the north) to provide additional vehicle queuing capacity; and
provision of additional staff car parking and formalisation of existing staff car parking areas.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.9.4.2.4.1 State transport corridors and future State transport corridors	The agency provided its response on 23 January 2019. (Reference No.1812-8721 SRA). A copy of the response is attached
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required by the applicable act/s and regulations. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.

Qualified Person - Geotechnical
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
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
Private Infrastructure
All private infrastructures for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
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.
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 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 3239 3647 to discuss any obligations under the ACH Act.
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
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
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Earthworks and Stormwater Drainage
Development Permit for Building Works	All building works
submissions
Not applicable
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.
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,

Patrick Murphy
Coordinator Planning

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice - MCU18/0189 – 1 May 2019.
Negotiated Decision Notice - 14 June 2019, with an amendment to conditions 8.
Decision Notice - Minor - MCU18/0189.01 – 11 August 2020, with an amendment to conditions 2.
Decision Notice - Minor – MCU18/0189.02 – 4 October 2022, with an amendment to conditions 2 & 8 and additional conditions 26, 27 & 28.

	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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