Decision Notice - Council Meeting Decision MCU20 0097

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU20/0097
Your Reference:	20221
21 January 2021
J O'Malley & B O'Malley
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 January 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0097
Street address:	1/27 Hill St Sunshine Beach Qld 4567
Real property description:	Lot 1 SP 314729
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Short Term Accommodation)
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
1.	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
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/Document Name	Date
18-076 - 04	4	Proposed Ground Floor Plan prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 05	4	Proposed First Floor Plan prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 06	4	Elevations prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 07	4	Elevations prepared by ICON Building Design as annotated by Council	03.05.2019
Currency
3.	This development approval lapses if the use has not happened by 21 January 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4.	The total number of bedrooms on the site must not exceed 2.
5.	No more than 4 guests may occupy the premises at any time.
6.	All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night.
7.	The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
Amenity
8.	The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
9.	Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation.
10.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11.	Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.

12.	Waste containers must:
a.		At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
b.	Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
c.	Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
13.	Prior to the commencement of the use written confirmation must be provided to Council confirming:
a.	the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
b.	that the contact person is available 24 hours a day, 7 days a week; and
c.	that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
d.	that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
14.	A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
15.	A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation.
16.	The code of conduct must advise all users of the premises:
a.	That the use of the premises must not:
i.	detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
ii.	cause a nuisance (including a noise nuisance);
iii.	display unacceptable behavior including:
a.	loud aggressive behaviour;
b.	yelling, screaming, arguing; or
c.	excessively loud cheering, clapping and singing.
iv.	create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
b.	That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
c.	That each vehicle used by an user of the premises must:
i.	be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
ii.	be parked within the parking facilities at the premises where provided.
d.	That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
e.	That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
f.	That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
g.	The nature and extent of the approved use as detailed in conditions numbers 4 to 7 of this development approval.
17.	The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
18.	The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
19.	The contact person must respond to all complaints within 30 minutes of notification of a complaint.
20.	The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
a.	on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
i.	the number of adults who are users of the premises; and
ii.	the number of minors, an individual who is under 18, who are users of the premises.
b.	the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
21.	The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
i.	the written record of complaints referred to in condition 18; and
ii.	the register referred to in condition 20

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 - Areas with substantial potential for UXO	The agency provided its response on 9 October 2020 (Reference No. 2010-19169 SRA). A copy of the response is attached

advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
It is the responsibility of the owner and the identified contact person to operate the short term accommodation in compliance with the development approval conditions at all times. Should the development approval conditions not be met Council may issue an Infringement and/or take action under the Planning Act 2016 to enforce compliance.
Council is currently in the process of creating a new Local Law to assist in managing short term accommodation in the Shire. In this regard, an approval may be required under a Local Law for the continued use of short term accommodation in the future.
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Not Applicable
submissions
There were 12 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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:	Referral Agency Response
List of Submitters
Appeal Rights
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Diane Cross	[email protected]
Rob & Yvonne Wilson	3 Weyba St Sunshine Beach [email protected]
Peter O'Neill	8 Weyba St Sunshine Beach 4567 [email protected]
Julia Craddock & Roger Prowse	1/28 Wildflower St Sunshine Beach 4567 [email protected]
Bruce & Kay McLean	5 Weyba St Sunshine Beach 4567 [email protected]
Christine & Steve Trgo	7 Weyba Street Sunshine Beach 4567 [email protected]
Holly Pittman	1/7 Weyba St Sunshine Beach 4567 [email protected]
Allan Stephens	2/14 Weyba St Sunshine Beach 4567 [email protected]
Carey Weston	[email protected]
Lynne Weston	5/60 Elanda St Sunshine Beach 4567 [email protected]
Davie & Kim Gotterson	13 Weyba St Sunshine Beach 4567 [email protected]
Michelle Lashmar	16 Wildflower St Sunshine Beach 4567 [email protected]

	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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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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K Coy fs


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ee) NOOSA COUNCIL


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Queensland
onernment

(Queensland Treasury
‘SARA reference: 2010-10100 SRA|

‘Council eference: — MCU20/0007

‘Applicant reference: 20221

‘5 November 2020

Chie Executive Officer
"Noosa Shire Council
POBox 141

TTewantin Qld 4565
‘[email protected]

Attention: Patrick Murphy
Dear Mr Murphy

SARA response—1/27 Hill Street, Sunshine Beach
(Referral agency response given under section 58 ofthe Planning Act 2016)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency on 9 October 2020.

 

Response
‘Outcome Feferal agency response -No requirements
Under section 56(1\a of the Planning Act 2016, the department
advises it has no requirements relating tothe pplication
Date of response: 5 November 2020
Advice: ‘Adve tothe applicants in Attachment 4
Reasons: “The easons forthe referral agency response ae in Attachment 2

Development details

 

Description: Development permit Material change of use for short term
‘accommodation
SARA role: Referral Agency
‘SARA trigger ‘Schedule 10, Part 4, Division 3, Subdivision 1, Table 1 (Panning
Regulation 2017)

Contaminated land (unexploded ordnance)

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page tof POBox 1128, Maroochydore QLD 4555


[Attachment: image6.png (image text)]
 

‘maro-t9102 SRA

‘SARA reference: 2010-19169 SRA
Asgesement Manager: Noosa Shire Counc!
‘Street adsress: “V2 Hl street, Sunshine Beach
Real property description: Lot 1 on SP314729
Applicant name: Barry OMalley & Jennifer O'Malley
‘Applicant contact detais: PO Box 6300
Maroochydore BC OLD 4558
jacob [email protected] au
Representations

 

‘An applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
‘Copies ofthe relevant provisions are in Attachment 3.

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Ruth Crefield, A/Senior Planning Officer, on 5352 9775 or via
‘email SEQNorthSARA@dsdmip ald gov.au who will be pleased to assist.

‘Yours sincerely

 

‘#8#Secondany2met
‘Manager (Planning)

ce Bary OMalley & Jennifer O'Malley jacob merae@projecturban com au

lene Attachment 1 -Adviee tothe applicant
‘Aitachmant 2- Reasons for efral agency response:
‘tachment 3 - Representations provisions

‘State Aasessment an Refer Agnoy Page 2t4

 

 


[Attachment: image7.png (image text)]
 

‘maro-t9102 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1

“Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. Ifa word remains undefined ithas
its ordinary meaning.

 

 

 

4). Residual UXO may sill exist folowing remediation and all work should proceed with due

‘caution.
'b) The procedure tobe followed by any person finding an object suspected of being

‘explosive ordnance or component thereof.

i. Advise the Police immediately.

Do not disturb the abject.
‘Take action, where appropriate, to prevent it being disturbed.
©) another person,
|. Note its approximate dimensions and general appearance.
Note the route to its locaton,

 

Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors may use the folowing websites:

‘© Department of Environment and Science - https. Jwww.des «ld gov.aul OR

‘= Commonwealth Department of Defence - http Iwww.defence.gov.auluxor

 

 

‘State Aasessment an Refer Agnoy Page set

 

 


[Attachment: image8.png (image text)]
‘maro-t9102 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for the department's decision
‘+ The development application is for a development permit for a material change of use (short term
accommodation).
“The site is mapped for UXO in the SARA DA Mapping system (DAMS).
“The applicant has provided evidence the site has been remediated by a qualified person,
SARA, as referral agency:
(© Advises the assessment manager that the department has no requirements, and
(© Provides advice to the applicant regarding UXO.

 

 

‘Material used in the assessment of the application:
“The development application material and submitted plans

Planning Act 2016

Planning Regulation 2017

“The State Develonment Assessment Provisions (version 2.6), as published by the department

“The Development Assessment Rules

‘SARA DA Mapping system

‘State Aasessment an Refer Agnoy Page dot