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Decision Letter - Change to an Existing Approval - 010.2002.00220169.002 [As Published] · 132002.220169.2
Officer: Glen Conforti
Direct Telephone: (07) 5449 5379
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 22744 DA
Your Reference:
22 September 2009
Soul Space Building Design
23 Paluma Street
SUNRISE BEACH QLD 4567
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 17 September 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 22744 DA
Street address: 142 Gympie Terrace, Noosaville
Real property description: Lot 12 RP 904256
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 4 July 2002 decided to issue the following type of approval:-
Development Permit for Material Change of Use – Renovations to Existing Restaurant
In relation to the request to make a change to the existing approval, Council on 17 September
decided to:
A. Approve a change to the development approval with changes to Conditions 1 and 6
B. Delete Condition 9
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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2002/220169
4 ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development.
Plan No. Rev. Plan - Prepared by Date Plot Date
DA 01 Floor Plan – Soul Space 30 October 2007 14 July 2009
Building Design
DA 03 A Elevations – Soul Space 30 October 2007 9 September 2009
Building Design
DA 04 A Elevations – Soul Space 30 October 2007 9 September 2009
Building Design
Sheet 1 of Landscape Concept Plan – 27 August 2009
1 Tom Robinson Living
Landscapes
and as may be amended by these conditions and annotations on the plans.
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. Existing trees on the site and within road reserves are to be retained, except where required to
be removed due to building operations or the conduct of the approved use.
4. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for operational works. 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.
5. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
6. The submitted landscaped plan shall be amended to comply with The Noosa Plan’s PSP3
Landscaping Plants and Guidelines. In this regard:-
The Philodendron xandau and Doryanthese excelsa shall be replaced with plants from
the preferred plant species contained in PSP3 Landscaping plants and Guidelines and;
The landscape treatment shall be contained within the property boundary and shall not
extend into Council property.
7. Any proposed works for the entry statement of the premises must be contained entirely within
the restaurant property.
8. All awnings and roof structures must not overhang the property boundary into the adjoining
parkland.
9. Deleted.
10. The applicant shall construct a concrete footpath linking the proposed development to the
existing footpath in Chaplin Park as shown on plan E-0206 (12). The footpath shall be
constructed in accordance with Council’s Engineering Design Standards and standard drawing
No.9011. Footpath levels and alignment must be checked by Council’s Works Inspectors prior
to the commencement of works.
11. The pathway to be constructed from the restaurant entry to the path in Chaplain Park must be
constructed at the developer’s cost.
12. This Development Permit for a material change of use of premises lapses if:-
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12.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
12.2 the use of any premises pursuant to the Development Permit ceases.
Environmental Health
13. An annual licence and registration of the premises is required under the Food Hygiene
Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is
sold, prepared, packed, stored, handled, served or supplied for sale.
14. Refuse containers must be provided in accordance with the requirements of the Environmental
Protection (Interim Waste) Regulations 1996 and (Waste Management) Regulation 2000, for
the storage and collection of refuse.
15. 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, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
16. Air conditioning units shall be located in a manner which prevents noise nuisance beyond the
subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the
use of the equipment -
(a) before 7am or after 10pm on any day if it makes noise or causes noise to be made of
more than the higher of the following -
(i) 40 dB(A)
(ii) 3 dB(A) above the background noise level
(b) from 7am to 7pm on any day if it makes noise or causes noise to be made of more than
the lower of either of the following:
(i) 50 dB(A)
(ii) 5 dB(A) above the background noise level
(c) from 7pm to 10pm on any day if it makes noise or causes noise to be made of more
than 3 dB(A) above the background noise level
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Nil
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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 No. Rev. Plan - Prepared by Date Plot Date
DA 01 Floor Plan – Soul Space 30 October 2007 14 July 2009
Building Design
DA 03 A Elevations – Soul Space 30 October 2007 9 September 2009
Building Design
DA 04 A Elevations – Soul Space 30 October 2007 9 September 2009
Building Design
Sheet 1 of 1 Landscape Concept Plan – 27 August 2009
Tom Robinson Living
Landscapes
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments for approval by Council’s Environmental Health
Section, for any alterations of food premises proposed to be included in the development.
2. The Environmental Protection Regulation 1998 and Local Law No.12 prevents a builder or
building contractor carrying out building work on a building site in a way that makes or causes
audible noise to be made from the building work on:-
(a) Monday to Saturday, before 7:00am or after 6:30pm
(b) Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where
it could reasonably be expected to move into a roadside gutter, stormwater drain or a water
course. On the spot fines apply for such offences.
4. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access
and the provision of disabled facilities, and that access to this building and the provision of
sanitary facilities may need to comply with the requirements of Section D Part D3 and Section
F Clause F2.4 of the Building Code of Australia.
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).
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.
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You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
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
Building Works Renovations to Existing Restaurant
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
Not applicable
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.
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.
Decision Notice History
4 July 2002 Original Decision Notice.
17 September 2009 Approve a change to the development approval with changes to
Conditions 1 & 6 and Delete Condition 9
Yours faithfully,
Tracy Jones
Senior Development Planner
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2002/220169
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
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- 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 if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 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
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2002/220169
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the 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 appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
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
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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