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- Request to change existing approval / Extend relevant period · 132001.210011.1

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•                                                                                                \3.?uo1.                  ;;11001/,                       I
    1II11l                                                                          Request to Change Existing Approval and/or
              NOOSA COUNCIL
    •••                                                                                           Extension to Relevant Period
                                                                                                                                                           2015/16



                                                                                                                         Sustainable Planning Act 2009


     This form must be submitted to Council accompanied by the applicablefee.
     Attach extra pages if there is insufficient space on the form.
     Please nole that for development approvals that include water and sewerage conditions,a Unitywaterfee may also appiy.




    Full name - individuai or company          ""-i--t_
                                                      . __   lA:t
                                                               ~ ()IH                                              _
                                    DAM I tl rJ M f'Uel<.
    Contact Name - for com~any
    Po;tal address       -b Mo...Mer -1L~.--~         n$ -0I t?e                                             is ~t1.                                       __                    ]
    Suburb                         ;'vtJ05"A                                              S..t.ate         8:...l.-lj         JPostcode                     Z(::>6~
    Business phone                                  _ ;A1H phone                                  __~obile                 04[)!:> ~2s- bZ.C;-
    Email address                 ~0'l("o...('t'jLfil:(~JLif'~c{{,L.(,,1\1]                                  Fax                                                        _

    2. Details of existing approval
    Type of approval (please tick ALL applicable categories)                        Which entity issued approval?
    I rfi- Development Permit                                                   'l'! Counc:/.LI                                   ,

      o Preliminary Approval                                                      o Other ntit:r.:f{J~~jfffflrent                         Counter
      o Compliance Permit
      o Material Change of Use
      o Reconfiguring a Lot                                                                                             - 3 FEB 2016                               ,.
      o Operational Works
      o Building Works                                                                                              Tewantin
      o Plumbing or Drainage Works
      o Compliance Certificate
      o Environmentally Relevant Activity
    _Application number/council reference            @:\~~)               \:SJ-~O[. ;;t I 0-::' I'                  -    TDa.le is;;;'ed                                    ,~
    Is the approval for a mobile and temporary ERA?                                              )'I    No                0      Yes - complete below
    Insert the name of each local government area in which the mobile and temporary ERA is pro                                    <t~~'o_ e/operating
                                                                                                                                  , .••:3'1':.        ~\       v
                           --_.                      -------                -----                                             -t\'O-    ,o~-
                                                                                                                                       ~,&

                                                                                                                               S,,' ~";Jv
                                                                                                                                                 ••




        To change the development
        approval                                            conditions                                 bef::-o:..:re:....:.::la:!:p::-s:..:in"'g'---
                                                                                                                                                 _
    Please attach documentation outlining                the detail of and the reasons and justification for the requested change or
    extension.


    Privacy
    Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect
    this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your personal information is only accessed by
    persons authorised to do so. Your personal information is dealt with in accordance with council's privacy policy.


    www.noosa.gld.gov.au                      I   [email protected]                    T 07 5329 6500
    PO Box 141 Tewantin Old 4565                                                           I ABN 97 969 214121
                                                                                                                                                                   Page 1 of 4

                                                                                                 i9nX: .2E?!'h. R:                    y~1
Full text of the other 7 pages

Page 2

                                                                                                                                     r             \



4. Location of the premises
~nit    No.                    Street No -;l.:S'l _2~ S      Street        G'I~f\ I::.
                                    -----
 Suburb              N uuS; /hi' LL<:::""                                          State                      Postcode
 Lot no.                       Plan type & plan no.
              4-------         sf' \S08 '-I- I




 5. Concurrence     Agencies
 Was there one or more concurrence agencies involved in the original approval?                     .R_N_o        _
                                                                                                    o Yes-provide details below
 Note - Under s372 of the Suslainable Planning Act 2009 the person making the request is required to give a copy of this request to all
 concurrence agencies.
 Concurrence      Agency                                                                           I Date copy given




                                                                                                                                         j
 6. Pre-request    response notice

I Has a pre-request response been given by~=,evant           en~tity(e.g. a concurrence ag!lncy) for_t_h_is_r_e_q_u_es_t_?               ~
       No                                                      0 Yes
                                                         ---           -----       -    --        -
y yes, please attach a copy of the notice.                                               _                         ._


 7. Owner's consent
 Is the owner's consent required for this request?                    I   0 No                                                               I
                                                                      '113Yes-
                                                                          .    complete either Table A or Table B be/o-w-S-e.-e-~--              J-....J
 Note - If more than one owner of the land all owners' details are required


 Table A - owner's consent provided on form                                  Table B - owner's consent provided          on form

 Owner's name/s&..:::D-=t-C.df'                .           ---l              Owner's namels             l;/!!'1l ~,""
                                                                                                                 ~                 ~ ~

                                                     -
 Itwe, the above-mentioned ownerls of the land. consent
                                                              -i
                                                                             ~he       owner's written consent is ~_.e_d ..            _
 to the making of this request.

 Signaturels


 Date




                                                                                                                               Page 2 of 4

Page 3

    NOTES: For question         7
    Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
    approval relates, the request must be acecmpanied by the owner's consent.
    However, owner's consent is not required if the approval:
         relates to land the was acquisition land to which section 263(2Xd) of the Sustainable Planning Act 2009 applied when the
         application for the approval was made; or
          is for building work or operational work for the supply of community               infrastructure   on land designated        for the community
          infrastructure; or
         the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
         application were made for the requested change.
    Also, owner's consent is not required if the Assessment       Manager is satisfied that:
         the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
         affect the owners' land; or
 -having     regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
I
.     does not materially affect the owne~s land.                                                      . .. __ .______         ,


    8. Does the request          involve   a State resource     prescribed     under    the SustainablePlanning          Regulation 2009,
    Schedule   141
     I!i No                                                                 .lOVes - complete below detai~                                         J  _
     Nature o_f_S_ta_te_o_w_n_e_d_r_e_so_urce:
                                      _                                                        _                             __     .       .   ---J
     Nature of Evidence        required:
    CO E-v-id-e-n-c-e-o-f
                      a-I-Io-c-a-ti-on-o-f-'-e-n-tit-Ie-m-e-nt-to,
                                                             the resource    10   Evidence    the chief executivE!. has agreed      to the request.       ~

    Attach    a copy   of the evidence       required   above
     NOTES: For question        8
                                                                              --------                                              -----
    Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
    the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
    the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
    required under section 264(1).
     Section 264 of the Sustainable Planning Act 2009 provides that jf a development involves a State resource, a regulation may require
     the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
     2009 prescribes the State resources for which evidence is required to be given, and the evidence required. to support the application.


     9. Declaration    of applicant

     ''''.. '". 'W'"'"' "d". ." •• ""'~he details
                                           '"',~ """
     application with Council. Should any of
                                                        ,. ~""" '" ." re._. " ••
                                                  given in relation to this application
                                                                                           Om." ."'~~' '" ." ,
                                                                                        be changed in the future, the
     applicant shall advise Council in writin             rt    any such change        being implemented.
    I Signaturels                                                                          __ -_-_---_- .. -.. -   -,D-a-t-e-Y-Z~                 b




                                                                                                                                                Page 30f 4

Page 4

                                                                                                                        "        \




OFFICE USE ONLY
I
Application no.       ,Amount paid      I Date paid             Receiptn~
                                                                                1_---
                                                                                                   Date sta


[Receiving Officer
                      I
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    Payment options
'In person
    By mail
              ~ 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
               Cheque or money order to be made payable to Noosa Council.
                                                                                                                             j
1_ ~ Cheque __ ~                     Money order _        ]!J Mastercard              0 Visa                _
I All payments made by credit card will incur a 0.50% surcharge (exempt of GST) to reflect the cost of fees
        ___                _     _ __       charged for credit car,!_!.,:a.!:'.sactions.   _   _                        ----.J




                                                                                                              Page 4 of 4

Page 5

Application Background Details:



Name: CAFEDEPOT- 72m2

Location: Lot 4 239-245 Gympie Tce Noosaville, 4566

Owners: Vynara Pty Ltd - Aaron and Damian Miller

Lot Classification: Lotl SP158841

Applying for a Restaurant Classification and 49m2



                                    Develop
                                              rnem C, Olltiter
                                           - 3 FEB 2016
                                  ...-____ TeWantin .

Page 6

                   BODY CORPORATE FOR COLONIAL COMMERCIAL       31519                                  crs
                      MOTION FOR CONSIDERATION BY THE COMMIITEE

           (,Oi\Hlrnrr        IU:SOLl TIO~ VOTED ON Ol rSHU: A (,O.\l\lITTIT                                       \IFFTIN(,
                         Pursll:lIllln   "'\"~l:lIoll~XpI It (1111I1lL'Il.'I.l1   Mllduk') /{1..'glllaIJOIl 200N


  NOTICE OF COMMITTEE                MOTION given on 25 Jannary 2016 to:-


  Chairpel'!lon:                         Mr Ian Miller
  Secretaryffreasurer:                   Mr Aaron Miller
  Ordinary Member:                       Mrs Gillian Buchanan


  MOTION FOR CONSIDERATION                       BY THE COMMITTEE

 MATERIAL CHANGE OF USE - Lot 4

 That the Body Corporate Committee permits the Owner of Lot 4 to apply to the Noosa Council requestiog
 that the existing retail / cafe development approval pertaining to their lot be change to pennit a restaurant
 to operate from the Lot.

 The following members voted on the motion:-

 Mr Ian Miller
 Mr Aaron Miller
 Mrs Gillian Buchanan

 The motion was CARRIED.                          YES-3                              NO-O               Abstentions - 0




Dated this 28th day of January 2016

This correspondence is sent to all owners for information purposes and is required to be sent under the
provisions of the Body Corporate & Community Management Act 1997.

Page 7

Dear Council,

We wish to lodge a permissible change application for our cafe space along
Gympie Terrace in Noosaville. Currently we are approved as a "takeaway"
styled business which is entitled to seat 10 seats or less as per the original DA
approvals.

Due to the popularity of our cafe we wish to lodge for a "restaurant"
classification enabling us more seating and being a permanent fixture along
Gympie Terrace.

We are located within the Colonial Resort which has an enclave of popular
eating destinations and is popular all year round. We've had recent discussions
with Council (be that verbally) who are in favour of us expanding our seating
allowances.

Within those discussions we were told we can increase our seating by up to
50m2 which would be paramount to the long-term sustainability of our Depot
Cafe Business. Attached is the internal fitout of our shop illustrating 25m of
useable (seating) area and also a design of our outdoor seating positioning
totally 49m2.

Along with this application we've approval from the Body Corporate who
handle the Colonial Resort and who are in favour of this application for us to
pursue a restaurant classification styled business.

Please see the attached Store layout and Seating 10 atio~$vC!...        ~
                                                                 ''-j')r.          "-
                                                                      . 11",
Let us know if you require anything else. Thanky u.                      ''''/i'tC
                                                                 'J                     0(;,
                                                            l'        ;:-('8 If}           '!]t$r
                                                             6Ly_.             ~
Kind Regards,                                                     Cf/ilti)




Aaron Miller                           Damian Miller

Page 8

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