Negotiated Decision Notice MCU22 0067

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	MCU22/0067
Your Reference:	002431
23 January 2023
T & J Hodgkinson P/L
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 19 January 2023, Council decided your representations. This negotiated decision notice replaces the decision notice of 18 August 2022.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	MCU22/0067
Street address:	401 Sunrise Rd Tinbeerwah Qld 4563
Real property description:	Lot 7 RP 207543
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
Council on 18 August 2022, decided to issue the following type of approval:
Material Change of Use - Short-term accommodation
In relation to representations, Council on 19 January 2023 decided to:
Amend conditions 12 & 15
Refuse the representations made for conditions 5 and 6 for the following reasons:
Condition 5
An acoustic monitoring report has not been provided to demonstrate that no amenity impacts will arise to the surrounding residents.
A four bedroom dwelling should be limited to a maximum of 8 guests.
Condition 6
The use of outdoor areas at night by guests accommodated on the site has the potential to adversely impact resident’s amenity, given the pool and outdoor areas are located within reasonable proximity to nearby houses.
The restriction on use of outdoor areas only applies to use of the property for short term accommodation and does not apply to the residential use of the property by owners.
The Approved Plans are amended to reflect condition 5
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
01	01	Site Plan, prepared by RG Strategic	14/04/2022
	01	Floor Plan, prepared by RG Strategic (as annotated by Council)	14/04/2022
Currency Period
3.	This development approval lapses if the use has not happened by 19 January 2029, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4.	The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed four (4).
5.	The total number of guests accommodated at any one time must not exceed eight (8).
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.
8.	The use must be operated in accordance with the Local Law requirements for Short term letting at all times.
Amenity
9.	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
10.	Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation.
11.	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.
12.	The driveway, including the crossover from Sunrise Road, must be sealed for a length of 34 metres to meet the existing sealed portion of the driveway, to the satisfaction of the Manager Development Assessment.
Waste Management
13.	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.
14	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.
Water Supply
15.	The development must be provided with an approved reticulated potable water supply. The storage capacity of the potable water supply must be a minimum of 50,000 litres (e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the number of guests for the duration of the booking.
Waste Water Treatment and Disposal
16.	The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use.
Bushfire Management
17.	The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
a.	the domestic take off from the tank is at or above the 5,000 litre point; and
b.	standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
c.	The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose/s of sufficient length to easily reach around to all sides of the/all building/s
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:
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 2 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

Patrick Murphy
Acting Manager, Development Assessment

Enc:	Appeal Rights
List of Submitters
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 18 August 2022.
Negotiated Decision Notice – 19 January 2023, with an amendment to condition 12 & 15; refuse to amend conditions 5 & 6; approved plans amended to reflect condition 5

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address
Shelley Evans	[email protected]	
Dianne Crookes	[email protected]	7 Jilbar Close Caravonica QLD 4878

	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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ee) NOOSA COUNCIL