Refused Decision Notice MCU20 0027

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU20/0027 & RAL20/0004
Your Reference:	19399
21 October 2020
Medicentre Property No 2 Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 October 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0027 & RAL20/0004
Street address:	45 & 47A Maple Street & 9 Myall Street Cooroy
Real property description:	Lot 18 C 5605, Lot 2 RP 99323, Lot 1 RP 99323, Lot 15 C 5605
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Development Permit for Material Change of Use - Commercial Business - Type 2 Medical
Development Permit for Reconfiguring a Lot (4 lots into 2 lots)
reasons for refusal
1.	The proposed development is not consistent with the Desired Environmental Outcomes 3.1.3(d)(i) and (ii) of the Noosa Plan 2006 as it does not protect the heritage character building and provide for adaptive re-use of the existing building.
2.	The proposed development is not consistent with the Overall Outcomes 6.7.2(n) and (r) of the Cooroy and Lake Macdonald Locality Code of the Noosa Plan 2006 as the proposed development does not maintain or complement the traditional country streetscape and building forms of Cooroy.
3.	The proposed development is not consistent with Specific Outcome O16 of the Cooroy and Lake Macdonald Locality Code of the Noosa Plan 2006 as it does not provide a traditional roof form which contributes positively to the local skyline or complement the character of the locality.
4.	The proposed development is not consistent with Overall Outcomes 13.16.2(f)(i), (ii), (iv), (v) and (viii), Specific Outcomes O5, O6 and O7 of the Heritage Overlay and Specific Outcome O63 of the Community Services Zone of the Noosa Plan 2006 as it:
i.	does not retain the existing heritage character building;
ii.	will adversely impact on the streetscape character;
iii.	proposes a built form which is not reflective of the historic architectural features in Cooroy; and
iv.	does not maintain a domestic character and form consistent with the Queensland vernacular specifically sought in Maple Street.
5.	The proposed development is not consistent with Overall Outcomes 14.110.2 c) and d) and Specific Outcomes O7 and O8 of the Driveways and Carparking Code of the Noosa Plan 2006 as:
i.	the proposed car parking arrangements will not meet the reasonable requirements of the proposed use with the number of tandem spaces excessive; and
ii.	suitable manoeuvring areas for waste collection and service vehicles has not been demonstrated.
6.	The proposed development is contrary to the Noosa Plan 2020 provisions which similarly seek to protect the heritage qualities of the site and the streetscape character.
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 9, Division 4, Subdivision 2, Table 4 – land within 25m of a State transport corridor	The agency provided its response on 9 June 2020 (Reference No. 2005-16658 SRA). A copy of the response is attached
submissions
There were 6 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.

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
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

William Brown	46 Maple St Cooroy 4563 [email protected]
Kathryn Hood & Peter Churm, Bob & Sue Hilditch, James Clynes	53 Maple Street Cooroy 4563 [email protected]
Amy Rhodes	12a Maple St Cooroy 4563 [email protected]
Tim Robinson	8/14 Maple Lane Cooroy 4563 [email protected]
Jo Munday (Eden Private Hospital)	50 Maple St Cooroy 4563 [email protected]
Richard Simpson	46 Maple St Cooroy 4563 [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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[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image2.png (image text)]
ee) NOOSA COUNCIL


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Queensland Treasury
‘SARA reference: 2005-10868 SRA

‘Council eference:  MCU20/0027 RAL200004

‘Applicant reference: 10309

‘9 June 2020
Chie Executive Officer
"Noosa Shire Council
POBox 141

Tewantin Qld 4565
‘[email protected]

Attention: Patrick Murphy

Dear Sir/Madam

SARA response—45 & 47A Maple Street and 9 Myall Street,

Cooroy—Medical centre and reconfiguring a lot (4 into 2)
(Feral agency response given under secon 50 of the Flaming Act 2076)

“The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 8 May 2020.

 

 

Response

‘Outcome: ‘Referral agency response — with conditions.

Date of response: 9 June 2020

Conations “The conditions in Attachment 1 must be attached to any

development approval

Advice: ‘Advice tothe applicants in Attachment 2

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Material change of use - Commercial
Business - Type 2 Medical involving
bulding work

Building work - associated withthe
relocation ofa building within a Heritage
(Character Area

Reconfiguring a Lot —4 lots into 2
FcryCental regional fice
(eve 2, 200 Bolsover Sheet,
Fearon

Page 1087 PO oe 11S, Rockhampton QLD 4700,

 


[Attachment: image6.png (image text)]
‘0s. 10858 SRA

‘SARA role: Referral Agency
‘SARA tigger ‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Pianning
Regulation 2017)
‘Development application for a material change of use within 25m of @
‘Sate transport coridor
‘SARA reference: 2005-16858 SRA
Assessment Manager: "Noosa Shire Council
‘Street address: 45 Maple Street, Cooroy; 45 Maple Street, Cooroy; 47 Maple Street,
Cooroy; $ Myall Street, Cooroy
Real property description: 155605; 18CS605; 1RP99323; 2RPSES23
‘Applicant name: Medicentre Property No 2 Ply Ltd as trustee
‘Applicant contact details: PO Box 6360
Maroochydore BC QLD 4558
[email protected]

Representations
“av appicant may make TEpreSeAaTONS W & CONCUATENGE AGENT, aTARY Ue Deters Whe appVCADON TS
Gecided, about changing a mater inthe referral agency response (6.30 Development Assessment Rules)
Copies ofthe relevant provsions are in tachment 4.

 

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

For further information please contact Kate Lipke, Principal Planning Officer, on 49242916 or via email
[email protected] who will be pleased to assist.

‘Yours sincerely

UZ

‘Anthony Walsh
‘Manager Planning

ce Medivenire Property No 2 Ply Lid as trustee, [email protected] Attachment 1 - Rafer ageney conditions
‘Astachmant 2-Advies tothe pplieant
‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representaions provisions
‘Atachment 5 - Approved plans and specfestions

‘State Aasessment an Refer Agnoy Page 207

 

 


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Attachment 1—Referral agency conditions

06-10858 SRA

 

‘Under section €6(1(0)i) of the Planning Act 2076 the folowing conditions must ba tached to any Gevalopmnert
‘approval eating to this application) (Copies ofthe plans and specications referenced below are found st
‘tachment §)

 

No,

Conditions

Condition timing

 

Development Permit - Material Change of Use (Commercial Business Type 2 Medical)

 

‘olowit

‘Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Planning Regulation 2017)—The chief
‘executive administering the Planning Act 2016 nominates the Director-General ofthe Department of
“Transport and Main Roads to be the enforcement authority forthe development to which this
‘development approval relates for the administration and enforcement of any mater relating to the

ing condition(s):

 

1

 

 

(@) The development must be in accordance with the Site Based
‘Stormwater Management Plan prepared by Empire Engineering
{dated 24 March 2020, Report Reference Job SC-8407 and
revision B, in particular

+ to detain stormwater flows on site via @ 60,000L storage
‘volume and discharge at a mitigated rate to Noosa Shire
‘Councils existing stormwater infrastructure network.

(©) RPEQ certfication (with supporting hydraulic documentation)
‘must be provided tothe Distt Director (North Cost District) via,
north coast idas@tmr qld gov.au within the Department of
‘Transport and Main Roads, confirming that the development
has been designed and constructed in accordance with part (a)
ofthis condition,

 

(@) Atalltimes

(©) Prior tothe
commencement of

 

 

‘State Aasessment an Refer Agnoy

Page Set?

 

 


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06-10858 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1

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

 

‘Stormwater condi

 

jon

 

2.

‘The concurrence agency conditions include a requirement for the Applicant to provide
RPEQ certification tothe District Director (North Coast District) within the Department of,
“Transport and Main Roads addressing stormwater drainage impacts from the development
to the state-controlled road (Cooroy Connection Road).

Please ensure that any submission is addressed tothe District Director (North Coast
District) within the Department of Transport and Main Roads is sent to

north coast [email protected] and contains sufficient supporting hydraulic
‘calculatons/documentation to address stormwater management relative tothe state-
‘controlled road,

For any queries or further information about this matter, please contact the Department of
‘Transport and Main Roads’ Maroochydore Office via email to
[email protected] and quote TMR20-030017-

 

Roadworks in a state-controlled road

 

3

 

 

Itis noted inthe submitted stormwater report that road works, specifically the instalation of
2 450mm diameter stormwater pipe, is proposed within the state-controlled road corridor.

Under Section 33 of the Transport infrastructure Act 1994, witten approval is required
{rom the Department of Transport and Main Roads to carry out road works on a state
‘controlled road. Road works includes the installation of stormwater related infrastructure.

‘Tris approval must be obtained prior to commencing any works on the state-controlled
road reserve. The approval process takes time and will require the approval of engineering
designs of the proposed works, certified by a Registered Professional Engineer of
‘Queensland (RPEQ),

Itis highly recommended that you contact the Department of Transport and Main Roads’
‘a8 soon as possible to ensure that gaining approval does not delay construction.

 

 

‘State Aasessment an Refer Agnoy Page dof7

 

 


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06-10858 SRA

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

‘The reasons for the SARA's decision are:
‘+ the proposed development is to establish a medical centre on the lot proposed to be created fronting
Maple Street, Cooroy
‘access to the proposed medical centre is to be from Maple Street, Cooroy
‘the proposed development involves a realignment ofthe rear boundary ofthe It fronting Myall
‘Street, Cooroy (presently described as Lot 18 on C5805)
‘access to this lt fronting Myall Street, Cooroy is to remain unchanged
‘the premises of the proposed development atthe south-eastern boundary corner is adjacent tothe:
state-controlled road (Coorey Connection Road (Myall Street)
‘+ the development complies with State code 1: Development in a state-controlled road environment
“withthe application of conditions.

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

Planning Act 2016

Planning Regulation 2017

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

‘SARA DA Mapping system

‘State Aasessment an Refer Agnoy Page Sof7