Decision Notice 51997.2302.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51997.2302.01  : JELDER
Your Reference:	n/a
12 April 2019
Goodger Holdings Pty Ltd
C/- RG Strategic
PO Box 1363
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 February 2019, 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:	51997.2302.01
Street address:	25 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 5 SP 133504
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 22 April 1998 – 11893 TC
Town Planning Consent - Multiple dwelling (18 units), accommodation building (18 units), shops, restaurant and ancillary facilities
In relation to the request to make a minor change to the existing approval, Council on 9 April 2019, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Delete Condition 4.
C.	Include the following additional condition 52:
currency period of approval
The currency period for this development approval is stated in Condition 17 of the Assessment Manager Conditions.
assessment manager conditions
Town Planning
1.	There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.  The developer is to pay special attention to potential noise nuisances arising from the air conditioning plant and swimming pool equipment and the potential for disturbance to the adjoining residential property to the east.  Swimming pool or spa pumps are to be located in a manner which prevents noise disturbance beyond the subject land.
2.	The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Manager of Planning, prior to the issue of a Building Approval.  Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Manager of Planning.
The plans are to address the existing dining area in The Parade, as required by the relevant Engineering conditions.
Landscaping carried out in the Hastings Street setback area is to include some substantial specimens to assist in an early landscaped treatment to the satisfaction of the Manager of Planning.  Landscaping works may also necessitate some modifications to the proposed awning across the Hastings Street setback area.
3.	Deleted.
4.	Deleted.
5.	The landscaped area on that part of the site between the dining areas and the northern property boundary and the walkway to the west, must have a minimum width of 1000mm and a minimum average width of 1500mm over both landscaped areas.
6.	No pedestrian access is to be obtained from the Parade to the dining area.  Two pedestrian accesses through the landscaping from the walkway to the dining area are permitted but these must not exceed a width of 2.0 metres each.
7.	The walkway at the western edge of the site is permitted to be closed during late night and early morning hours as may be agreed by the Manager of Planning.
8.	Not less than 16 carparking spaces will be available free of charge to customers and patrons of the commercial premises whilst they are open for business and for staff employed at the site. Any Community Management Statement must specify this condition.
9.	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.  The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.  The existing Moreton Bay Ash tree in the south eastern section of the site is to be retained.  The developer shall submit a $20,000 security to ensure the protection of the tree.  That security will be returned after a period of 12 months has elapsed following completion of the construction and provided the tree remains in a healthy state, to the satisfaction of the Manager of Planning.  In the event of the death of the tree or if there is evidence the tree is dying, during such period, a replacement tree to the value of the security will be provided by the developer to the satisfaction of the Manager of Planning.
It is noted that the existing rubber trees and umbrella trees present on the site will be required to be removed to accommodate the proposed development.
10.	Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
11.	The footpath and setback areas are to be kept clear of goods, signs and street furniture not approved by Council.
12.	Where S.E.Q.E.B. require provision of a transformer, a pad mounted transformer, together with access is to be located on site to the satisfaction of S.E.Q.E.B., the Shire Engineer and Manager of Planning.  The transformer is not to be located within landscaped areas unless approved by the Manager of Planning.
13.	Approval is to be obtained from the Beach Protection Authority for buildings or other structures proposed to be located within the Coastal Management Control District.
14.	A maximum of four shops are approved for this site.
15.	Submission of security in the form of a cash bond or trading bank guarantee to the sum of $30,000 to secure performance of conditions, prior to the issue of Building Approval. This security is in addition to security referred to in any other conditions.  The cash bond or trading bank guarantee will be returned upon performance of the conditions of approval.
The security required, must be lodged within two (2) years of the date of Council’s decision.  Alternatively, a written request may be made prior to this date, seeking an extension of the two (2) year lodgement period.  If neither of the above actions have been undertaken within two (2) years of Council’s decision, then the decision in respect of this application is void and ceases to have effect.
16.	The provisions of this approval are to be effected, prior to the commencement of the approved use.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
17.	The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local Government (Planning and Environment) Act if commencement of erection or works have not been made in accordance with that Permit or the rights conferred by that Permit are not exercised within two (2) years of the date of issue of the Permit.
18.	The Town Planning Consent Permit lapses where:-
18.1	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 Town Planning Consent Permit, unless application is made and approved by Council for an extension; or
18.2	the use of any premises pursuant to the Town Planning Consent Permit ceases for a period of twelve (12) months.
Health Department
19.	Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Officer, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.

20.	Submission of two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling hair premises for approval by Council’s Environmental Health Officer, for any hair premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
21.	The developer is to assess the provision of refuse chutes, in accordance with Council’s Policy for the storage of refuse in bulk containers.  Loading areas are to be located off street to the satisfaction of Council’s Shire Engineer and Environmental Health Officer.
The provision of refuse chutes is not a specific requirement under this approval.
22.	As an alternative to the previous condition requesting for consideration to refuse chutes, the developer shall otherwise provide an imperviously paved area to accommodate all refuse and recycling containers to the reasonable satisfaction of Council’s Environmental Health Officer.  This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be set back a distance of two (2) metres from any road frontage.  A suitable hosecock, hoses and approved drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse container area for washing containers.
23.	A plan of waste collection and storage methods should be developed in liaison with Council’s Health Department due to the substantial size of the development and expected waste generation.
24.	A Trade Waste Permit is required for this business. A completed application together with a fee of $125.00 and two (2) sets of professionally drawn plans showing the Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be submitted to Council.  Approval is to be obtained prior to the commencement of any construction associated with this development.
25.	Any flat or unit intended to be let out for fee or reward is to be licensed annually with Council’s Health Department in accordance with the provisions of Chapter 43 of Council’s By-Laws prior to such letting.
26.	The swimming pool shall be licensed annually with the Council’s Health Department in accordance with the provisions of Chapter 42 of Council’s By-Laws.
Engineering
27.	Provision of at least 50 covered off-street car parking spaces and access thereto, which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Planning Scheme, Australian Standard 2890.1 (1993 edition), Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval prior to a Development Permit being issued for Building Works. A Development Permit for Building Works is not to be granted until the Shire Engineer has approved of the carparking and access scheme.
28.	All separate, adjoining lots that form part of this application are to be amalgamated into one undivided lot in accordance with Section 5.11 of the Local Government (Planning and Environment) Act, prior to the issue of a Building Approval.
29.	The developer shall pay contributions in accordance with Council's Policy on Water Supply Headworks Contributions and Sewerage Headworks Contributions. An estimate only of the charges as at July 1998 under the current policy is as follows:-
Water Supply	$ 45,378
Sewerage	$ 55,101
TOTAL	$100,479
Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with either of the following alternatives:-
Payment to be made prior to the issue of a Development Permit for building works in the amount calculated under the Policy at that date; or
Payment may be deferred to a date:-
prior to Council sealing plans of the development for titling purposes;
prior to the issue of a Certificate of Classification for any building works; or
prior to commencement of the approved use at the relevant premises;
whichever is the sooner. Payment of deferred headworks contributions shall also be subject to the following requirements:-
Payment of a bonding fee in the amount of $150 and submission of a trading bank guarantee to the value of headworks assessed at the time of submission, plus 20%, prior to the issue of a Development Permit for building works;
Headworks shall be calculated as the value of headworks assessed at the ordinarily due time of payment, plus interest charged at the rate set by the Queensland Treasury Corporation for Local Government borrowings as they apply to Noosa Shire. The interest rate used shall be the rate current at the "time prescribed" above;
Should the contributions not be paid at the due time, Council shall call upon the security lodged; and
in the case of a Development Permit for building works, if a permit expires the securities will be returned.
30.	The footpath across the Hastings Street frontage of the site is to be fully landscaped from the kerb and channel to the property alignment to the satisfaction of the Shire Engineer.
The pavement is to be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
31.	The developer will remove the existing dining facilities in The Parade.  This area will be reinstated to a suitable public area and landscaped to the requirements and satisfaction of the Shire Engineer.  Landscaping plans required by Condition 2 are to also address this area.
32.	The developer shall contribute toward, roadworks and landscaping improvements in the Hastings Street locality in the amounts set out below.  Such contributions shall be paid prior to the issue of a Building Permit:-
Roadworks	$24,000
Landscaping	$12,000
33.	The developer is to construct the basement carpark floor level to a minimum of 2 metres AHD.  This change in design is to be incorporated into the design of the ramp into the carparking module, as well as in all other design drawings.
34.	The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
35.	The developer is to construct all walkways on the site in accordance with Council requirements regarding grade, alignment and finishes.
In addition, the developer is to construct a drainage system along the western boundary of the site to intercept any surface stormwater.  In this regard, plans prepared by a registered civil engineer are to be submitted to and approved by the Shire Engineer, prior to the issue of a Building Approval.
36.	Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.
37.	The developer shall provide metered water connections from the water supply system to the proposed development, in accordance with Council's standards and to the satisfaction of the Shire Engineer.
38.	Roof and surface water is to be collected on site and is to be discharged through a single underground drain line into existing drainage in Hastings Street to the satisfaction of the Shire Engineer.  A Building Approval shall not be granted until the Shire Engineer has approved of the drainage scheme.
39.	Engineering drawings are to include sediment and erosion control plans from suitably qualified consultants to be approved by the Shire Engineer.  The plans are to show how stormwater runoff within and from the site is to be controlled during construction.  The plans are to indicate measures to be taken to prevent erosion and the export of sediment from the site and will embrace the basic principles set out in the Institution of Engineers Australia Draft Engineering Guideline for Queensland Soil Erosion and Sediment Control November 1994.
40.	Advice from the Beach Protection Authority indicates that the existing rock protection wall on the seaward side of the property is not capable of handling a storm surge of 1 in 10 years recurrence interval and will be overtopped under severe storm conditions.
The property owner should ensure that any improvements on the site are adequately protected from wave inundation.  Independent advice should be sought from a suitably qualified professional engineer specialising in coastal engineering, as to whether any additional protection works are required within the property boundary to afford greater protection in the event that the sea overtopped or breached the rock protection wall.
Building Department
41.	Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans drawn by Goodwin & Southwell Architects numbered 96/5/201-206 dated September, 1998 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
42.	Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday.  No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
43.	Access for people with disabilities is required to comply with the requirements of Part D3 of the Building Code of Australia 1996. The developer is to provide the required number of units to be accessible and fitted out for use by people with disabilities. Disabled access requirements must also be provided to the carparking access, access from the road to the main entry foyer, access to the restaurant and other facilities provided for use of the occupants.
44.	Toilet facilities for use by staff and the public are to comply with the requirements of the Building Code of Australia 1996.  Restaurant facilities appear to be deficient and it is also necessary to identify staff facilities for the restaurant.
45.	Fire protection including the provision of on site fire hydrants, fire hose reels, smoke detection and alarms, etc are to comply with the requirements of the Building Code of Australia 1996.
46.	Exit lighting and emergency lighting are to comply with the requirements of the Building Code of Australia 1996.
47.	The pool is to be isolated from the building with a complying pool safety fence.
48.	Ventilation of the carpark basement is to comply with the requirements of the Building Code of Australia 1996.
49.	The developer is to install adequate protection including hoardings, if required, for members of the public using the adjoining walkway to the west during construction to the satisfaction of the Building Surveyor.  Such protection shall also include adequate protection to adjoining property.
50.	The final design of the kitchen space of the proposed restaurant, shall be undertaken in consultation with Council’s Chief Environmental Health Officer. The developer shall comply with the reasonable requirements of the Chief Environmental Health Officer.
51.	The restaurant approved on the site shall have a maximum of 100 diners/patrons.
Additional Condition – 9 April 2019
Approved Plans for new shade structure for restaurant
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
102	P3	Floor Plan (restaurant), drawn by Hiller Design	04/2019
C02111-1201	B	General Arrangement Cone Option, drawn by MakMax Australia	March 2019
referral agencies
Not applicable
advisory notes
Not applicable.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Development Permit for Building Works (Private Certification)
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.
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.
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
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 22 April 1998 – 11893 TC.
Decision Notice - Minor 51997.2302.01 – 9 April 2019, additional condition 52 & delete condition 4.

	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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PO Box 141		P. (07) 5329 6500	[email protected]	
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ee) NOOSA COUNCIL