opworks comments · OPW19/0223

Officer: 	Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference:	MCU19/0031
Your Reference:	n/a
26 August 2019
Javatex P/L
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566 [email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 22 August 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS
Application No:	MCU19/0031
Street address:	13 Noosa Dr Noosa Heads Qld 4567
Real property description:	Lot 5 RP 91777
Planning Scheme:	The Noosa Plan (8 June 2018)
2.	DECISION DETAILS
Council decided to issue the following type of approval:
	Development Permit for Material Change of Use - Retail Business - Type 2 Shop
3.	CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
4.	ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. 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
	SK03	N/A	Turning Template – Sheet 2 of 2 prepared by 360 Civil Consulting	August 2019
PO Box 141	P. (07) 5329 6500	[email protected]
TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
7am to 10pm Monday to Thursday
7am to 11pm Friday and Saturday
9am to 10pm Sunday or any public holiday
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The shop as shown on the Approved Plans must only be used for the purpose of a Retail Business - Type 2 Shop in accordance with the definitions of the planning scheme.
The approved use does not extend to Vehicle Hire, including the hire of any Scooters. Site Access and Driveways
A sealed access driveway must be provided from Noosa Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover located generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019. The works must include any necessary improvements to the existing access and footpaths to cater for the proposed vehicle traffic. Car Parking
A minimum of four carpark spaces (including a person with disability bay and associated shared zone), four motorcycle parking spaces and two bicycle parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
parking spaces generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the sensors and linked boom gate generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the linemarked clear area for manoeuvring at the front of the building generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019
the disabled parking space/s must be in accordance with AS/NZS2890.6:2009
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 for the relevant user class
All carpark areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct customers to the carpark spaces provided on site.
Stormwater Drainage
9. 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 include connection to Council’s stormwater drainage system or alternatively stormwater runoff be disposed of on-site without causing scour or damage to the subject site or any adjoining property
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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
Trees on the site must be retained in good health for the life of the development. Existing trees on the site, adjacent sites and in the road reserve must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
A minimum of 50.3m² of the site must be retained as soft landscaping and located generally in accordance with the drawing titled “Layout Plan” number SK01 of 3 prepared by 360 Civil Consulting dated August 2019.  The soft landscaping is to be endorsed through an Operational Works approval.
5.	REFERRAL AGENCIES
Not applicable.
6.	ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. 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).
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 Unit on 07 3247 6212 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.
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. 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. Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
7. A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development iv.	provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager ii.	dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the PreStart Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority Arborist Report
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
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 Operational Works	Access and Car Parking Stormwater Landscape
Development Permit for Building Works	Building Certification
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.
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

Lisa Pienaar Development Planner
Enc:	Appeal Rights
Infrastructure Charge Notice Approved Plans/Documents cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution Part 1 Appeal rights 229 Appeals to tribunal or P&E Court
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
only a tribunal; or
only the P&E Court; and
The person-
who may appeal a matter (the appellant); and
who is a respondent in an appeal of the matter; and
who is a co-respondent in an appeal of the matter; and
who may elect to be a co-respondent in an appeal of the matter.
An appellant may start an appeal within the appeal period.
The appeal period is –
for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
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
for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
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
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.
Each respondent and co-respondent for an appeal may be heard in the appeal.
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.
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
for a decision about an offset or refund-
the establishment cost of trunk infrastructure identified in a LGIP; or
the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
is in the approved form; and
succinctly states the grounds of the appeal.
The notice of appeal must be accompanied by the required fee.
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 –
the respondent for the appeal; and
each co-respondent for the appeal; and
for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
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
for an appeal to the P&E Court – the chief executive; and
for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
The service period is –
if a submitter or advice agency started the appeal in the P&E
Court – 2 business days after the appeal has started; or
otherwise – 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a corespondent must state the effect of subsection (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
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 nonappealable.
The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
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.
In this section – decision includes-
conduct engaged in for the purpose of making a decision; and
other conduct that relates to the making of a decision; and
the making of a decision or failure to make a decision; and
a purported decision; and(e) a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
is final and conclusive; and
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
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
A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
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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