MCU15/0038 & OPW15/0072 - Decision Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	MCU15/0038 & OPW15/0072
Your Reference:	01824

31 August 2015

Dowling & Neylan
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 27 August 2015, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU15/0038 & OPW15/0072
Street Address:	168 Noosa Parade Noosaville Qld  4566
Real Property Description:	Lot 0 BUP 13572 & Lot 1 BUP 13572
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises - Commercial Business Type 1 – Office; and
Development Permit for Operational Works (Landscaping)
Relevant period of approval
The relevant period for the Material Change of Use approval is 4 years starting the day that this development approval takes effect.
The relevant period for the Operational Works approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Development Permit for Material Change of Use
When Conditions must be Complied With
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
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
1 of 10	I	3D Views drawn by Mandy’s Design & Drafting	June 2015
7 of 10	I	Proposed Site Plan 2 drawn by Mandy’s Design & Drafting	June 2015
8 of 10	I	Proposed Ground Floor drawn by Mandy’s Design & Drafting	June 2015
9 of 10	I	Proposed Upper Floor drawn by Mandy’s Design & Drafting	June 2015
10 of 10	I	Elevations drawn by Mandy’s Design & Drafting	June 2015
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Amenity
The development must not create detrimental impacts on the amenity of the area due to the creation of excessive noise, odour nuisance or other emissions.
Approved Use
The approved use must not operate outside the hours of 7:00am to 7:00pm.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of the Material Change of Use and associated Operational Works approvals, 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
All mechanical equipment and other service infrastructure located on the site must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All signage shall comply with the relevant provisions of the Advertising Devices Code, with the total signage area not exceeding 10m2.
Development Permit for Operational Works (Landscaping)
Approved Plans
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
1 of 4	A	Landscape Plan drawn by Outside Noosa	19/06/2015
2 of 4	A	Landscape General Notes drawn by Outside Noosa	19/06/2015
3 of 4	A	Planting Schedule and Images drawn by Outside Noosa	19/06/2015
4 of 4	A	Landscape Softscape Details drawn by Outside Noosa	19/06/2015
Landscaping
Landscaping must be located in a position that will not adversely affect Council infrastructure or access to the infrastructure.  Landscape works must not interfere with vehicle and pedestrian sight distances.
All landscaping to be planted and maintained in accordance with Planning Scheme Policy 3 – Landscaping Plants and Guidelines.
Grassed areas must be:
rolled, top dressed and joined smoothly with adjoining surfaces.
of species sustainable for local and design conditions and do not require irrigation.
free of disease, pest, weeds, rock and debris.
New street tree planting must:
meet NATSPEC Guidelines: Specifying Trees requirements for quality.
be pruned in accordance with AS 4373, Pruning of Amenity Trees.
be of the approved plan species.
be pest and disease free.
Prior to felling or pruning, all trees are to be checked for wildlife.  If wildlife is present, the tree must not be felled or pruned until the wildlife has left the tree.
Vegetation removal or pruning must be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat.  Removed vegetation is to be processed by one of the following methods:
Processing through a wood-chipper.
Disposed of in a council approved refuse tip.
Used for landscaping purposes.
referral agencies
Not Applicable.
Advisory notes
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.
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 Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works
self assessable codes
Not Applicable
submissions
No Properly Made Submissions were received.
reasons/grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The development involves the reuse of an existing commercial building approved for a medical centre fronting a major road; and
The development will not result in any significant additional impacts on the residential amenity of the area.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

cc	Unitywater

Enc:	Adopted Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
Page 5 of 7

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 7

[word/header1.xml]
MCU15/0038

[Attachment: image3.png (image text)]
K Coy fs


[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL