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MCU14/0073 - Decision Notice - 1036841

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                                                                  Officer:                  Denis Wallace
                                                                  Direct Telephone:         53296239
                                                                  Our Reference:            MCU14/0073
                                                                  Your Reference:           130814

                      19 December 2014


                      Cooroy Property Pty Ltd Tte
                      C/- Adams Sparkes Town Planning & Development
                      PO Box 1000
                      BUDDINA QLD 4575


                      Dear Sir/Madam

                                                           Decision Notice
                                                      Sustainable Planning Act 2009
                      I refer to your application and advise that on 18 December 2014, Council decided to:

                      A.      Approve the application in full subject to conditions.
                      B.      Find the following are sufficient grounds to justify the decision despite the conflict
                              with the Planning Scheme:
                              1.       The development allows the re-use of the existing industrial building on the
                                       site and improved built form, landscaping and environmental outcomes on
                                       the site; and
                              2.       The site has existing use rights for a major industrial use (brickworks), which
                                       is also categorised as an Industrial Use Type 2 under The Noosa Plan, and
                                       the proposal is of substantially lesser intensity
                      Details of the decision are as follows:
                      1       APPLICATION DETAILS

                      Application No:                    MCU14/0073
                      Street Address:                    271 Lake Macdonald Drive, Lake Macdonald Qld 4563
                      Real Property Description:         Lot 2 SP 108094
                      Planning Scheme:                   The Noosa Plan (16 September 2013)
                      2       DECISION DETAILS

                      The following type of approval has been issued:
                             Development Permit for Material Change of Use of Premises - Industrial Business
                              Type 2 - Production, alteration, repackaging & repairing (Soft Drink Factory)
                      3       RELEVANT PERIOD OF APPROVAL

                      The relevant period for this development approval is 4 years starting the day that this
                      development approval takes effect.




                                                        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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                      4       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
                                1281-14             -          Site Plan – Drawn by Zenith Design      -
                                Sheet 02

                                1281-14             -          GF Overall - – Drawn by Zenith Design   -
                                Sheet 03

                                1281-14             -          GF Office Layout – Drawn by Zenith -
                                Sheet 04                       Design

                                1281-14             -          FF Overall – Drawn by Zenith Design     -
                                Sheet 05

                                1281-14             -          FF Office Layout – Drawn by Zenith -
                                Sheet 06                       Design

                                1281-14             -          Elevations – Drawn by Zenith Design     -
                                Sheet 07

                                1281-14             -          Driveway Layout – Drawn by Zenith -
                                Sheet 12                       Design
                      Nature and Extent of Approved Use
                      3.      The extent of the approved use is limited to that part of the existing building
                              identified on the approved plans.
                      4.      The approved use must not operate outside of the hours of 7am to 5pm Monday to
                              Saturday.
                      5.      No more than 30 employees shall be on site at any one time.
                      6.      Any display and retail sale of goods resulting from the premises must remain an
                              ancillary component to the approved use and must not exceed 200m2 of use area.
                      Heavy Vehicle Movements
                      7.      Heavy vehicle movements associated with the approved use shall not exceed 10
                              return trips per day.




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                      Street Identification
                      8.      The street address of the development must be clearly visible and discernible from
                              the frontage of the site by the provision of a street number and, where appropriate,
                              the building name.
                      Performance Bond
                      9.      Security in the form of a cash bond or trading bank guarantee to the sum of
                              $10,000 must be submitted to Council, to secure performance of all conditions of
                              this approval, prior to commencement of operational works associated with the
                              development. 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 condition.
                      CIVIL ENGINEERING

                      External Works
                      10.     That part of the Lake Macdonald Drive frontage of the site extending from the
                              existing culvert adjacent to “Gate 2” to a point approximately 85 metres to the
                              south west must be upgraded. The works must be undertaken in accordance with
                              an Operational Works approval and must include in particular:
                              a.       linemarking to clearly indicate a left turn lane for vehicles accessing the site
                              b.       road widening to provide for the left turn lane (where necessary)
                              c.       reconstruction of the existing table drain to ensure that the road formation is
                                       free draining
                              d.       the reshaping of the verge to ensure that sediment is not transported onto
                                       the road formation.
                      Site Access and Driveways
                      11.     Sealed access driveways must be provided from Lake Macdonald Drive to all
                              parking and manoeuvring areas of the development. The works must be
                              undertaken in accordance with an Operational Works approval and must include in
                              particular:
                              a.       a driveway crossover generally in accordance with IPWEAQ standard
                                       drawing SEQ R-051
                              b.       a driveway width sufficient to cater for regular use by a HRV and the
                                       occasional use by a semi-trailer (AV)
                              c.       all damaged sections of the existing hardstand driveway must be replaced
                                       with a suitable similar surface
                      Car Parking
                      12.     A minimum of 64 car parking spaces must be provided and marked on the site.
                              The spaces must be available and accessible at all times while the use is open for
                              business. The works must be undertaken in accordance with an Operational
                              Works approval and must include in particular:
                              a.       44 staff parking spaces within the total, which are clearly marked for that
                                       purpose




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                              b.       20 visitor/customer parking spaces within the total, which are clearly marked
                                       for that purpose and accessible at all times for visitor/customer use
                              c.       2 disabled parking space/s within the total
                              d.       a sealed surface with crossfalls and gradients in accordance with Australian
                                       Standard AS2890: Parking Facilities
                      13.     Directional signage must be provided to direct visitors and customers to the car
                              parking spaces provided on site.
                      Bicycle Parking & End of Trip Facilities
                      14.     Bicycle facilities in accordance with AS2890.3 Bicycle Parking Facilities must be
                              provided for the development. The facilities must be indicated on the plans and
                              submitted in accordance with an Operational Works approval and must include in
                              particular:
                              a.       a total of 10 bicycle parking spaces
                              b.       end of trip facilities involving a minimum of 5 lockers and 1 shower cubicle
                                       with an ancillary change room.
                      Damage to Services and Assets
                      15.     Any damage caused to existing services and assets as a result of the development
                              works must be repaired at no cost to the asset owner at the following times:
                              a.       where the damage would cause a hazard to pedestrian or vehicle safety,
                                       immediately; or
                              b.       where otherwise, upon completion of the works associated with the
                                       development.
                              c.       Any repair work which proposes to alter the alignment or level of existing
                                       services and assets must first be referred to the relevant service authority for
                                       approval.
                      Stormwater Drainage
                      16.     The site must be provided with a stormwater drainage system connecting to a
                              lawful point of discharge. The works must be undertaken in accordance with an
                              Operational Works approval, the Queensland Urban Drainage Manual and
                              Engineering report dated 3 September 2013 by Barlow Shelly Consulting
                              Engineers (with the works expanded to reflect the extended development area).
                      Stormwater Quality Management
                      17.     A stormwater quality treatment system must be provided for the development. The
                              works must be undertaken in accordance with an Operational Works approval and
                              must include in particular:
                              a.       stormwater quality treatment devices of a size and location generally in
                                       accordance with those shown in section 5.0 and 6.0 of the of the Engineering
                                       report dated 3 September 2013 by Barlow Shelly Consulting Engineers (with
                                       the works expanded to reflect the extended development area)
                              b.       swales which are designed in accordance with the Water Sensitive Urban
                                       Design Technical Design Guidelines for South East Queensland
                              c.       The works must be undertaken in accordance with the Bioretention Technical
                                       Design Guidelines (Water by Design, 2012)




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                      18.     All stormwater quality treatment devices must be maintained in accordance with
                              the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
                              The approved Operational Works drawings for the stormwater quality treatment
                              system and detailed life cycle costing of the system must be attached as an
                              addendum to this document. Records of all maintenance activities undertaken
                              must be kept and made available to Council upon request.
                      Stormwater Harvesting
                      19.     Operating stormwater harvesting tanks must be provided for the development.
                              The tanks must be provided in accordance with an Operational Works approval
                              and must include in particular:
                              a.       the details identified in section 5.0 and 6.0 of the of the Engineering report
                                       dated 3 September 2013 by Barlow Shelly Consulting Engineers (with the
                                       works expanded to reflect the extended development area).
                      LANDSCAPE & ECOLOGY
                      Landscaping Works
                      20.     The development must be landscaped, in accordance an approval for Operational
                              Works. The particular works must generally accord with the planning scheme
                              Landscape Code and Planning Scheme Policy 3 Landscaping Plants and
                              Guidelines and include:
                              a.       Landscaping to car park areas, including shade trees
                              b.       Vegetated buffer to the Lake Macdonald Drive
                              c.       Vegetated screening of any electrical transformers, bin storage areas and
                                       the like from the road frontage
                              d.       Details of any proposed clearing of vegetation and details of retention of any
                                       existing trees on the site and road verge to accommodate the approved
                                       development footprint. An Arborist Report is required to validate any
                                       proposed clearing.
                              e.       Removal of all weeds species listed in the following standards and
                                       legislation:
                                       i. Declared plants under the Land Protection (Pest and Stock Route
                                            Management) Act 2002 and sub-ordinate Regulation 2003
                                       ii. undesirable species, as defined within Planning Scheme Policy 3
                                             Landscaping Plants and Guidelines of the Noosa Plan.
                      21.     All landscape works must be established and maintained in accordance with
                              horticultural best practice with construction techniques and irrigation that allow for
                              healthy, sustained and vigorous plant growth. All plant material must be allowed to
                              grow to full form and be refurbished when its life expectancy is reached.
                      Rehabilitation
                      22.     The land area defined by the vegetated portion contained within the Riparian
                              Buffer Area of the Biodiversity Overlay of the Noosa Plan on the subject must be
                              rehabilitated in accordance with a rehabilitation plan prepared by a suitably
                              qualified person and an approval for Operational Works. Rehabilitation works
                              must:




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                              a.       restore the habitat value of the land to meet the characteristics of the
                                       appropriate regional ecosystem
                              b.       return the land to its natural undisturbed state, where practicable. Where
                                       impracticable, provide justification.
                              c.       The treatment of undesirable species, as defined within Planning Scheme
                                       Policy 3 Landscaping Plants and Guidelines of the Noosa Plan.
                      ENVIRONMENTAL HEALTH
                      Refuse Management
                      23.     The developer must provide waste storage and disposal facilities in accordance
                              with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
                              Commercial and Industrial Premises”, including an external imperviously paved
                              area correctly sized for all refuse and recycling containers and suitably screened
                              from public places and neighbouring properties. A bin wash area is required with a
                              cold-water tap, hose and drain outlet connected to the effluent disposal system, via
                              a bucket trap. The drain outlet is to be designed to prevent storm water entry to the
                              effluent system and this can be achieved with a nib wall 50mm high and up to
                              700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed,
                              or any other design approved by Council’s delegate.
                      24.     The development must allow refuse-loading areas to be located off street. All
                              vehicles associated with the collection of waste/recyclables, shall enter and leave
                              the site in a forward direction.
                      25.     A Waste Management Plan (Operational) in accordance with Planning Scheme
                              Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
                              Premises”, shall be developed and implemented on site. The Waste Management
                              Plan must include the following as a minimum: -
                                      The types and estimated volumes of waste that will be generated from the
                                       activities approved within the development.
                                       Methods to be used for dealing with garden waste.
                                       Initiatives to minimise waste either by waste prevention, reduction, re-use or
                                       recycling.
                                      Description of procedures and clearly identified site responsibilities for all site
                                       occupants for getting all waste to the bins; the storage of bins and the
                                       collection of bins by the contractor.
                                       A description of the design details of waste storage and recycling areas
                                       including size, location, elevation and floor plan, methods of bin washing and
                                       system to prevent storm water getting into the effluent system via the bin
                                       wash.
                                      A description of types and volume of waste storage containers to be used,
                                       and the collection frequency of containers,
                                      The waste and recycling storage area shall include the provision of
                                       containers for all waste and recycling materials including putrescible matter,
                                       non-recycling waste, paper/ cardboard, glass, aluminum/steel cans, waste
                                       oil, Styrofoam boxes, etc.




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                      Effluent Disposal
                      26.     All factory wastewater and wash down waters shall be collected, treated and
                              disposed of lawfully on site in an approved effluent disposal system.
                      PLUMBING
                      Plumbing, Drainage and Waste Water Treatment and Disposal
                      27.     The development must be provided with Plumbing, Drainage and an On-site Waste
                              Water Treatment and Effluent Disposal System having a capacity sufficient for the
                              use*.
                                *(Refer to Advisory Note)
                      5       REFERRAL AGENCIES

                      The referral agencies applicable to this application are:
                      Referral        Referral Agency and Referral Trigger                               Response
                      Status          Address

                      Concurrence            SARA at DSDIP Mike                     SEQ Regional Plan,   The agency provided
                                             Ahern Government                       Contaminated Land    its response on 24
                                             Building 12 First                      & State Transport    October 2014
                                             Avenue                                 Infrastructure       (Reference No.SDA-
                                             MAROOCHYDORE                                                0914-014464). A copy
                                             QLD 4558 Online:                                            of the response is
                                             Mydas (at                                                   attached.
                                             www.dsdip.qld.gov.au)
                                             Email:[email protected]

                      6       ADVISORY NOTES

                      The following notes are included for guidance and information purposes only and do not
                      form part of the assessment manager conditions:
                      Aboriginal Cultural Heritage Act 2003
                      1.      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.




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                      Equitable Access and Facilities
                      2.      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:
                              d.     the Disability Discrimination Act 1992 (Commonwealth);
                              e.     the Anti-Discrimination Act 1991 (Queensland); and
                              f. the Disability (Access to Premises – Buildings) Standards.
                      Development Compliance Inspection
                      3.      Prior to the commencement of the use, please contact Council's Development
                              Audit & Response Unit to arrange a Development Compliance Inspection.
                      Building and Construction Industry (Portable Long Service Leave) Levy
                      4.      The QLeave levy must be paid prior to the issue of a development permit where it
                              is required. Council will not be able to issue a Decision Notice without receipt of
                              details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or
                              (07) 3212 6855.
                      Co-ordination of Operational Works Assessment
                      5.      Additional application fees apply to Operational Work applications where the
                              different aspects of the works are lodged separately. Significant savings in
                              application fees will result if all works are lodged in a single application.
                      Preparation of a Preliminary Construction Management Plan
                      6.      The works identified in this Decision Notice will be required to be carried out in
                              accordance with a Construction Management Plan endorsed by Council through
                              an approval for Operational Works.     To ensure expedient assessment of any
                              Operational Works application, the applicant is advised to submit a preliminary
                              Construction Management Plan that addresses the requirements of the planning
                              scheme. In particular, the preliminary Construction Management Plan should
                              address the following:
                              g.       provisions that ensure the proposed construction does not unduly impact on
                                       the surrounding area and ensure the site is safe for members of the public,
                                       implementing appropriate traffic signage in accordance with the Manual of
                                       Uniform Traffic Control Devices (MUTCD) and making provision for safe
                                       pedestrian access across the frontage of the site both during daily
                                       construction and after daily construction has ceased.
                      Plumbing, Drainage, Waste Water Treatment and Disposal System
                      7.      The establishment of Plumbing and Drainage and a waste water treatment and
                              disposal system for the site requires a Compliance Permit to be obtained from
                              Council under the Plumbing and Drainage Act 2002. The system must be designed
                              in accordance with the Queensland Plumbing and Wastewater Code, Australian
                              Standards AS/NZS3500, AS/NZS1547: 2000 “On-site Domestic Wastewater
                              Management”.




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                      8.      The existing Waste Water Treatment and Disposal System for the site is as
                              mentioned in the report from Barlow Shelley, Consulting Engineers, Section 8 ,
                              Reference number 1014 Dated 3rd September 2013, is capable of accommodating
                              the proposed changes to the development.
                      9.      If design requirements for the site change, whereby the development exceeds the
                              accommodation or use of 21 or more equivalent persons, or generates a
                              requirement for an ERA63, then an Operator’s Licence from The Department of
                              Environment and Heritage Protection (DEHP) will also be required.
                      Health
                      10.     Due regard should be given to the design and location of noise emitting fixed plant
                              and equipment and any acoustic treatment that may be required. It is advised that
                              an appropriately qualified acoustic consultant be involved with the selection and
                              installation of such equipment. A qualified acoustic consultant can give advice on
                              how to best locate and design the equipment such that it can meet statutory noise
                              or planning requirements.
                      11.     The Environmental Protection Act 1994 states that a person must not carry out any
                              activity that causes, or is likely to cause, environmental harm unless the person
                              takes all reasonable and practicable measures to prevent or minimise the harm.
                              Environmental harm includes environmental nuisance. In this regard persons and
                              entities, involved in the civil, earthworks and construction phases of development,
                              are to adhere to their ‘general environmental duty’ to minimise the risk of causing
                              environmental harm. Environmental harm is defined by the Act as any adverse
                              effect, or potential adverse effect whether temporary or permanent and of whatever
                              magnitude, duration or frequency on an environmental value and includes
                              environmental nuisance. Therefore, no person should cause any interference with
                              the environment or amenity of the area by reason of the emission of noise,
                              vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste
                              products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of
                              the administering authority to cause undue disturbance or annoyance to persons or
                              affect property not connected with the use.
                      12.     In accordance with the Public Health Act 2005, rainwater tanks must be
                              constructed with mosquito proof screens (made from either brass, copper,
                              aluminium or stainless steel), and constructed with a mesh size of no more than
                              1mm, and must be installed in a way that does not accelerate corrosion. Tanks that
                              contain flap valves must be installed so that when closed, mosquitoes cannot pass
                              through the valve. It is unlawful under the Public Health Act 2005 to construct,
                              install or be in possession of a tank that does not comply with these requirements.
                      7       PROPERTY NOTES

                      Not Applicable
                      8       PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

                      Not Applicable
                      9       FURTHER DEVELOPMENT PERMITS REQUIRED

                             Development Permit for Building Works (all Building Works).
                             Development Permit for Operational Works (Landscaping & Rehabilitation,
                              External Works, Access, Carparking, Stormwater Drainage (Quantity & Quality)).




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                      10      SELF ASSESSABLE CODES

                      The following codes for self-assessable development related to the development
                      approval issued under this Decision Notice must be complied with.
                          Advertising Devices Code.
                      11      SUBMISSIONS

                      Nil.
                      12      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:
                      1       The development allows the re-use of the existing industrial building on the site
                              and improved built form, landscaping and environmental outcomes on the site; and
                      2       The site has existing use rights for a major industrial use (brickworks), which is
                              also categorised as an Industrial Use Type 2 under The Noosa Plan, and the
                              proposal is of substantially lesser intensity
                      3       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.)
                      4       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
                                SARA at DSDIP
                                Mike Ahern Government Building
                                12 First Avenue
                                MAROOCHYDORE QLD 4558
                                Email:[email protected]

                      Enc:      Referral Agency Response
                                Approved Plans/Documents
                                Appeal Rights




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                                                                          Referral Agency
                                                                          SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                          REGULATION 2009




                          Our reference: SDA-0914-014464
                          Your reference: DWALLACE:MCU14/0073


                          24 October 2014

                          Noosa Shire
                          Council PO Box
                          141
                          TEWANTIN QLD 4565

                          Dear Sir/Madam,


                      1       CONCURRENCE AGENCY RESPONSE
                          271 Lake Macdonald Drive LAKE MACDONALD QLD 4563 (2 SP108094)
                          (Given under section 285 of the Sustainable Planning Act 2009)


                          The referral agency material for the development application described below was
                          received by the Department of State Development, Infrastructure and Planning
                          under section 272 of the Sustainable Planning Act 2009 on 18 September 2014.
                      2       APPLICANT DETAILS

                          Applicant name:                              Cooroy Property Pty
                          LTd Tte Applicant contact details: PO Box 1000
                                                        Buddina QLD 4575
                                                        [email protected]




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                      3         SITE DETAILS

                          Street address:                           271 Lake Macdonald Drive LAKE MACDONALD QLD
                                                                  4563
                          Lot on plan:                                 2 SP108094
                          Local government area:                       Noosa Shire Council

                      4         APPLICATION DETAILS

                          Material Change of Use - Industrial Business (Type 2 - Production, Alteration,
                          Repackaging and Repairing) Soft Drink Factory.
                      5         ASPECTS OF DEVELOPMENT AND TYPE OF APPROVAL BEING SOUGHT

                           Nature of              Approval                 Brief Description of Proposal         Level of
                           Development            Type                                                           Assessment
                           Material               Development              Industrial Business (type 2 -         Impact
                           Change of              permit                   Production, Alteration,               Assessment
                           Use                                             Repackaging and Repairing)
                                                                           Soft Drink Factory.
                          Referral triggers
                          The development application was referred to the department under the following
                          provisions of the Sustainable Planning Regulation 2009:
                          Referral trigger                                          Schedule 7, Table 3, Item 12 – Regional Plans


                      6         RESPONSE:
                          Under section 287(2) of the Sustainable Planning Act 2009, the department has
                          no requirements relating to the application.

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

                          For further information, please contact Ryan Longland, Senior Planning Officer,
                          SARA SEQ North on 5352 9708, or email [email protected] who
                          will be pleased to assist.

                          Yours sincerely




                          Frances Bottle
                          Regional Director
                          cc:       Cooroy Property Pty Ltd, [email protected]




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                                                                          Appeal Rights
                                                                          SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                          REGULATION 2009



                      The following is an extract from the Sustainable Planning       (4)   The appeal must be started within 20 business days
                      Act 2009 (Chapter 7).                                                 (the submitter’s appeal period) after the decision
                                                                                            notice or negotiated decision notice is given to the
                      MATERIAL CHANGE OF USE, RECONFIGURING A                               submitter.
                      LOT & OPERATIONAL WORKS
                                                                                      463 Additional and extended appeal rights for
                      Division 8            Appeals to        court relating to           submitters         for     particular    development
                                            development        applications and           applications
                                            approvals                                 (1) This section applies to a development application to
                                                                                          which chapter 9, part 7 applies.
                      461     Appeals by applicants                                   (2) A submitter of a properly made submission for the
                      (1)     An applicant for a development application may              application may appeal to the court about a referral
                              appeal to the court against any of the following—           agency’s response made by a prescribed
                              (a) the refusal, or the refusal in part, of the             concurrence agency for the application.
                                   development application;                           (3) However, the submitter may only appeal against a
                              (b) any condition of a development approval,                referral agency’s response to the extent it relates
                                   another matter stated in a development                 to—
                                   approval and the identification or inclusion of        (a) if the prescribed concurrence agency is the
                                   a code under section 242;                                    chief executive (environment)—development for
                              (c) the decision to give a preliminary approval                   an aquacultural ERA; or
                                   when a development permit was applied for;             (b) if the prescribed concurrence agency is the
                              (d) the length of a period mentioned in section                   chief executive (fisheries)—development that
                                   341;                                                         is—
                              (e) a deemed refusal of the development                           (i) a material change of use of premises for
                                   application.                                                       aquaculture; or
                      (2)     An appeal under subsection (1)(a), (b), (c) or (d)                (ii) operational work that is the removal,
                              must be started within 20 business days (the                            damage or destruction of a marine plant.
                              applicant’s appeal period) after—                       (4) Despite section 462(1), the submitter may appeal
                              (a) if a decision notice or negotiated decision             against the following matters for the application even
                                   notice is given—the day the decision notice            if the matters relate to code assessment—
                                   or negotiated decision notice is given to the          (a) a decision about a matter mentioned in section
                                   applicant; or                                                462(2) if it is a decision of the chief executive
                              (b) otherwise—the day a decision notice was                       (fisheries);
                                   required to be given to the applicant.                 (b) a referral agency’s response mentioned in
                      (3)     An appeal under subsection (1)(e) may be started                  subsection (2).
                              at any time after the last day a decision on the
                              matter should have been made.                           464 Appeals by advice agency submitters
                                                                                      (1) Subsection (2) applies if an advice agency, in its
                      462     Appeals by submitters—general                               response for an application, told the assessment
                      (1)     A submitter for a development application may               manager to treat the response as a properly made
                              appeal to the court only against—                           submission.
                               (a) the part of the approval relating to the           (2) The advice agency may, within the limits of its
                                   assessment manager’s decision about any                jurisdiction, appeal to the court about—
                                   part of the application requiring impact               (a) any part of the approval relating to the
                                   assessment under section 314; or                             assessment manager’s decision about any part
                               (b) the part of the approval relating to the                     of the application requiring impact assessment
                                   assessment manager’s decision under                          under section 314; or
                                   section 327.                                           (b) any part of the approval relating to the
                      (2)      To the extent an appeal may be made under                        assessment manager’s decision under section
                               subsection (1), the appeal may be against 1 or                   327.
                               more of the following—                                 (3) The appeal must be started within 20 business days
                              (a) the giving of a development approval;                   after the day the decision notice or negotiated
                              (b) any provision of the approval including—                decision notice is given to the advice agency as a
                                   (i) a condition of, or lack of condition for,          submitter.
                                         the approval; or                             (4) However, if the advice agency has given the
                                   (ii) the length of a period mentioned in               assessment manager a notice under section
                                         section 341 for the approval.                    339(1)(b)(ii), the advice agency may not appeal the
                      (3)     However, a submitter may not appeal if the                  decision.
                              submitter—
                              (a) withdraws the submission before the                 465 Appeals about decisions relating to extensions
                                   application is decided; or                             for approvals
                              (b) has given the assessment manager a notice           (1) For a development approval given for a development
                                   under section 339(1)(b)(ii).                           application, a person to whom a notice is given under




                     Department of State Development, Infrastructure and Planning                                                    Page
Document Set ID: 19845988                                                                                                            13
Version: 1, Version Date: 22/12/2014

Page 14

                                                                                       SDA-0914-014464




                            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.




                     Department of State Development, Infrastructure and Planning        Page
Document Set ID: 19845988                                                                14
Version: 1, Version Date: 22/12/2014

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