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Decision Notice - Council Meeting Decision OPW17 0555 · OPW17/0555
Officer: Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference: OPW17/0555
Your Reference: 16131
20 March 2018
The Trust Company (Australia) Limited
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 March 2018, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW17/0555
Street address: 4-24 Gibson Rd Noosaville Qld 4566
Real property description: Lot 1 SP 115778
Planning Scheme: The Noosa Plan (3 July 2017)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Work - Signage
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 2 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
Nature and Extent of Approved Development
1. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans:
a. Three freestanding pylon signs (advertising tenancies within centre),
identified as S1, S2 & S3 on the Signage Plan;
b. The 3 freestanding pylon signs must be of a standard 2 face design only and
not ‘V’ shaped.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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c. Two centre logo signs at the southern and western pedestrian entry points,
identified as S6 & S8 on the Signage Plan;
d. One entry sign (Gibson Road entry), identified as S10 on the approved plans;
e. Upgrade to 1 wall tenancy sign for Woolworths and BWS (identified as S5 on
the Signage Plan), but have a sign face area of no greater than 10m2 and be
no more than 300mm thick;
f. Provide for a greater surface feature paint area on the western wall to ‘break
up’ or articulate the façade;
g. Signage shown as S11, S12 & S13 on the approved plans. Any replacement
of existing signage must not be any greater in size than what currently exists.
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.
Plan No. Rev. Plan Name Date
DA.04 2 Elevations (as annotated), drawn by Thomson Adsett 15.08.2017
DA.05 2 Detail Elevations (as annotated), drawn by Thomson 15.08.2017
Adsett
DA.06 2 Perspectives (as annotated), drawn by Thomson 15.08.2017
Adsett
DA.07 3 Signage (as annotated), drawn by Thomson Adsett 05.09.2017
DA.07 4 Signage (Schedule of Signs) (as annotated), , drawn 22.11.2017
by Thomson Adsett
DA.08 1 Signage (as annotated), drawn by Thomson Adsett 22.11.2017
3. The approved signs must not be used for the advertisement of goods and/or
services not sold or conducted on the site (ie. third party advertising).
4. The approved signs must be wholly contained within the subject site.
5. The approved signs must not exceed the dimensions and sign areas as shown on
the Approved Plans or as varied by these conditions.
6. The approved signs must not project above any roof line, apart from the 2 centre
logo signs at the entry points to the centre.
7. All other signage must be removed from the external facades of the building, with no
other signage permitted on site.
8. A maximum of 1 wall sign is permitted which may be S5 or S9 on the Signage Plan.
ILLUMINATION
9. The approved signs must not be illuminated in any way, with the exception of:
a. Two freestanding pylon signs located on the Gibson Road and the Mary Street
entry to the site, identified as S1 & S3 on the approved plan;
b. One Woolworths wall sign and one BWS sign.
10. Sign identified as S10 on the Signage Plan must not have in box illumination, but
may have in ground up lights.
11. The approved signs must not incorporate flashing lights.
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12. Illumination resulting from direct, reflected or other incidental light emanating from
the approved signs must not exceed a luminance of 300 candelas per square metre.
13. All sign illumination must be switched off between 11:00pm and sunset of the
following day.
14. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
MAINTENANCE
15. The approved signs must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
5. REFERRAL AGENCIES
Not Applicable
6. ADVISORY NOTES
Not applicable.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works Building Works for the Signage
10. SUBMISSIONS
Not applicable.
11. 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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12. 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
Kerri Coyle
Manager Development Assessment
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
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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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