SUPERSEDED - Minor Change Existing Approval 51987.44.02

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	51987.44.02
Your Reference:	n/a
24 March 2021
DA Lock & FJ Brown
C/- Noosa Town Planning
42 Gympie St
TEWANTIN  QLD  4565
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 January 2021, requesting a minor change to an existing development approval. Council on 18 March 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51987.44.02
Street address:	6 Thomas Street, Noosaville Qld 4566
Real property description:	Lot 1 on RP161212
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 6 October 1987
Development Permit for Material Change of Use of Premises  - Entertainment & Dining Business - Type 1, Flood & Beverages and Retail Business - Type 2 Shop & Salon
In relation to the request to make a minor change to the existing approval, Council on 18 March 2021, decided to approve the requested changes. The changes are detailed below.
Amend conditions 13, 16 and 24
Delete conditions 14 and 15
currency period of approval
The currency period for this development approval is 6 years starting the day that the original development approval (51987.44) took effect.
assessment manager conditions
1.	Deleted
2.	Deleted
3.	Deleted
4.	Deleted
5.	Deleted
6.	Deleted
7.	Deleted
8.	Deleted
9.	Deleted
10.	Deleted
11.	Deleted
PLANNING
When Conditions Must Be Complied With
12.	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
13.	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
15.0319.1.3A	A	New Ground Floor Plan, prepared by and+design	June 2020
15.0319.1.4A	A	New First Floor Plan, prepared by and+design	June 2020
15.0319.3.1A	A	Sections, prepared by and+design	June 2020
15.0319.4.1A	A	Elevations, prepared by and+design	June 2020
Nature and Extent of Approved Use
14.	Deleted.
15.	Deleted.
16.	The approved uses must not operate outside the hours of 6.00am to 10pm, 7 days a week, except Friday and Saturday, where Entertainment and Dining Business Uses may operate until 12 midnight. The requirements of this condition must be included in the Community Management Statement for any Body Corporate for the subject site.
17.	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.
18.	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 requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Building Height
19.	The maximum height of the development must not exceed 5.05 metres above the finished ground level and the natural ground level.

Performance Bond
20.	Security in the form of a cash bond or trading bank guarantee to the sum of $10,000.00 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
21.	Ground floor shopfront glazing along the western frontages must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction.
22.	All mechanical equipment and other service infrastructure located on the site must be:
a.	located not less than 2 metres from a property boundary
b.	fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
23.	No structures, excluding a street awning for weather protection, may be located outside of the property boundary. Proposed planter boxes within the road reserve are not approved.
24.	The building must be well articulated, with strong vertical design feature elements. The awning located within the road reserve must include lightweight timber features. The building must include subtle changes in colours, textures and materials to break up the building facades, with the exception of the northern elevation which may include a mural design. Any changes to the existing mural design and/or colour palette will require written authorisation from Council.
Advertising Devices
25.	Any advertising devices proposed on the site must comply with the provisions of The Noosa Plan.
Waste Storage
26.	The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management.
27.	Waste storage areas are situated to the rear of the building and are visually screened by fencing.
Weather Protection
28.	Street awnings must be provided along the full length of the western property frontage, as shown on the Approved Plans. The awnings must have a minimum width of 3.3 metres from the building line, and must be designed to provide continuous solar and rain protection and promote all weather activity.
Public Safety
29.	All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
Easements
30.	All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Engineering
Car Parking
31.	The applicant will comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of 11 car 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.
32.	A minimum of 9 car parking spaces must be provided on the site in accordance with approved plans; made available and accessible at all times while the use is open for business. The carparking must include in particular:
a.	Sealed and non-slip approved surface.
b.	7 customers parking spaces within the total, which are clearly marked for that purpose.
c.	2 staff parking spaces within the total, which are clearly marked for that purpose.
d.	Parking spaces and line marked and sign posted crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Off-street car parking.
e.	Marked pedestrian routes in accordance with the conditions of this Decision Notice.
f.	Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
33.	All car parking areas and access driveway must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
34.	A certification by a suitably qualified person for the upgraded car parking area is required upon the completion of works and prior to issuing the Certificate of Classification to confirm compliance with the conditions of this permit.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 Building Works	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.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 6 October 1987.
Decision Notice – Other Change - 51987.44.01 – Additional conditions 12 to 34, delete conditions 1-11; and enter into an Infrastructure Agreement
Decision Notice – Minor Change  - 51987.44.02 – Amend conditions 13, 16 &  24 and delete conditions 14 & 15

	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]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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