0015E665.001

Section 2

NOOSA COUNCIL IDAS Development Application Decision Notice                                              2 of 6

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       30 August 2007




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Section 3

NOOSA COUNCIL IDAS Development Application Decision Notice                                                    3 of 6




                                    Noosa Council Conditions
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.    Development undertaken in accordance with this approval must generally comply with the approved plans
      of development. The approved plans are numbered 2007:101 prepared by Interior Design & Architecture
      and dated July 2007 and as may be amended by these conditions.

2.    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.

3.    Dining facilities shall be provided for no more than 10 people.

4.    Any advertising sign or device is to comply with Council's policies on advertising.

5.    All goods are to be displayed on site within the property boundaries and/or on the premises approved for
      the use.

6.    The Development Permit for a material change of use of premises lapses if the use has not happened by
      30 August 2011, unless an application to extend the currency is approved by Council.
Environmental Health
7.    Refuse containers must be provided in accordance with the requirements of the Environmental Protection
      (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and
      collection of refuse.

8.    Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
      shall comply with the following requirements:
      The equipment shall be installed and located in a manner that prevents excessive noise in accordance
      with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
      apply for offences.
      A person must not use equipment on any day if it makes or causes noise to be made –
      From 10pm to 7am: More than the lower of either –
           40 dB(A)

           3 dB(A) above the background noise level

           No audible noise for pool pumps apply during these hours.
             From 7am to 7pm: More than the lower of either –
           50 dB(A)

           5 dB(A) above the background noise level
      From 7pm to 10pm: More than 3 dB(A) above the background noise level.
9.    Submission of written certification from a suitably qualified person confirming that the noise levels from all
      mechanical equipment comply with the cause above when measured at either the residential boundary or
      outside the most exposed part of an affected building, whichever is the closest to the equipment.
      The assessment and certification is required immediately after installation of the equipment and prior to
      any occupation of the building, and in a format approved by Council. This assessment must take into
      account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling
      equipment, etc that may increase the overall noise level emitted.

      Advice: It is highly recommended that the person you engage to certify the installation is involved at the
      plan development stage so they can recommend where this equipment is best located. They can also
      advise about noise enclosures and can make other suggestions to avoid noise problems. It is a lot more
      costly to try and deal with noise problems after everything is built.




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Section 4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                       4 of 6



                                       Local Laws, Policies & State
                                       Regulation Requirements
                                       INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.      We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
        Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
        disabled facilities, and that access to this building and the provision of sanitary facilities may need to
        comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
        Australia.

2.      Where any food premises is included in a development, the following is required:

        2.1.   Plans and application is to be made to Council’s Environmental Health Section for approval prior to
               any building approval, fitting out or use of the premises.

        2.2.   A statement indicating the purpose of the food premises, type of food sold, proposed menu and
               maximum number of patrons at any time, is to accompany the application for plan approval.

        2.3.   Construction and use of the food premises should comply with Council’s Food Premises Policy and
               the Food Safety Standards. (Both available from Council)

        2.4.   Toilets for customers and staff to be provided in accordance with Building Code of Australia.
               Obtain advice from a building certifier on numbers and standards, including disable access.

        2.5.   Plans and approval is required for any mechanical exhaust ventilation system, which should
               comply with AS1668. A certificate from the installer certifying the system complies with the
               Standard must be obtained and lodged with Council prior to commencement of trade.

        2.6.   Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food
               License from Council, prior to use of those premises.

3.      The development should 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, air-borne
        hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
        with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No.
        12 – Control of Nuisances.

4.      All refrigeration plant including motors, should be situated within the building or suitably provided with
        noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance
        provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such offences.




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Section 5

NOOSA COUNCIL IDAS Development Application Decision Notice                                                           5 of 6



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against the part of the approval that represents the
   development applications
                                                                          concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-
   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;
                                                                             (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day
                                                                          if it were an application under a superseded planning
   the decision notice or negotiated decision notice is
                                                                          scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the
                                                                          mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the
                                                                          against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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Section 6

NOOSA COUNCIL IDAS Development Application Decision Notice                                       6 of 6

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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