Minor Change Existing Approval MCU13 0153.02 · MCU13/0153.02

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU13/0153.02
Your Reference:	18093
4 November 2020
GL & MS Properties Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 30 September 2020, requesting a minor change to an existing development approval. Council on 29 October 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU13/0153.02
Street address:	148 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 RP 222164
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 13 December 2013
Development Permit for Material Change of Use of Premises – Retail Business Type 4 Showroom (motor vehicle sales) and Industrial Business Type 2 Production, Alteration, Repackaging & Repairing (motor vehicle servicing)
In relation to the request to make a minor change to the existing approval, Council on 29 October 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend Part 6
Include additional conditions 24-27
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval MCU13/0153 took effect.
assessment manager conditions
PLANNING
When conditions must be Complied With
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
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
The nature and extent of the approved showroom is for the purpose of motor vehicle sales.
Vehicles shall not be displayed for sale within the landscaped areas shown on the approved plans.
Performance Bond
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 the issue of a Development Permit for Operational Works.  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.
Advertising Devices
The approved signs must not exceed the dimensions and sign areas as shown on the Approved Plans.
Pylon signs are not permitted on the site (with above-roof, illuminated signage to the blade walls approved in lieu).
Illuminated signage must be limited to the Mazda signs on either side of the blade wall and the single Hyundai sign to the building’s front elevation. These signs shall have a maximum luminance, measured in candelas per m2, of 500cd/m2.  The blade wall supporting the Mazda signage must not exceed the height indicated on approved plans S05 and S06 (which are later revision plans).
No flags, bunting, balloons, flashing electric signs or other inconsistent advertising devices described in the Advertising Devices Code of The Noosa Plan are permitted on the site.
ENGINEERING
Site Access and Driveways
Vehicle access to the site must be from the existing vehicle crossover location. The vehicle access driveway must be in accordance with AS 2890.2:2002.
Any gate located on the access driveway must be setback a minimum of 6 metres from the property boundary.
Car Parking
All servicing of the development, including the delivery and collection of vehicles, must be undertaken on site.
A total of 52 car parking spaces must be provided and marked on the site, exclusive of spaces used for display sales. Carparking must be provided on-site generally in accordance with the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
18 staff parking spaces within the total, which are clearly marked for that purpose
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
2 disabled parking spaces within the total.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
All vehicles must enter and exit the site in a forward gear.
Stormwater
All stormwater runoff from the carparking area must be directed to the on-site drainage system and discharged without causing scour or damage to any adjoining property.
The construction of the service vehicle turnaround area at the rear of the site must not cause additional ponding of stormwater on the adjoining property.
All Stormwater 360 StormFilter and Enviropod stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retro-fit into the development to achieve an equivalent pollutant reduction outcome.
Prior to commencement of use, the applicant must provide a copy of a signed supply agreement for the replacement of the StormFilter Cartridges, between the  Property Owner and the stormwater filtration system supplier. The supply agreement must be for the replacement of each StormFilter Cartridge at least ten (10) times.
Water Harvesting
Operating rainwater harvesting tanks must be provided for the development. The rainwater harvesting tank must have a storage volume of 20,000 litres and be provided in accordance with Operational Works approval and located as shown on Figure 6 WSUD Locality Plan, listed in this Decision Notice.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
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.
LANDSCAPE & ECOLOGY
Landscaping Works
The development must be landscaped in accordance with the planning scheme, an approval for Operational Works and Planning Scheme Policy 3 Landscaping Plants and Guidelines.  The particular works required for the development include:
The works as generally shown on the approved Landscape Concept Plan
New planted species the majority of which are local native species suitable for the conditions which may be selected from Planning Scheme Policy 3 Landscaping Plants and Guidelines
Internal landscaping to soften hardscape areas, these may include provision planter box style gardens beds.
Detail of Landscaping treatment to Eumundi Noosa Road frontage, including typical sections and garden beds.
Vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
Retention of the existing trees located at Eumundi Noosa Road frontage on the site, except where required to be removed in accordance with the approved use. in accordance with an Arborist Report approved by Council
Removal of all weeds species listed in the following standards and legislation:
Declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003
Undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and Guidelines.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures 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.
Additional Conditions – 29 October 2020
24.  	The netting structure must not exceed 10 metres above the existing ground surface.
25. 	The netting must be installed and maintained in a way that does not interfere with overland stormwater flow across the site. In particular, the netting must be installed in a way that prevents floating debris build up on the netting during rainfall events.
26.	The netting must be checked daily for entangled animals. Any entangled animal must be removed by an appropriately trained Spotter Catcher authorised under Section 12e of the Nature Conservation (Administration) Regulation 2017.
27.	Existing trees on the site must be retained. Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation
referral agencies
Not Applicable
APPROVED PLANS
Plan No.	Rev.	Plan/Document Name	Date
312108 S03	E	Site Plan, prepared by graypuksand	04/11/14
312108 S04	E	Ground Level, prepared by graypuksand	23/10/14
312108 S05	F	Elevations, prepared by graypuksand	01/12/14
312108 S06	F	Elevations, prepared by graypuksand	01/12/14
312108 S07	E	Sections, prepared by graypuksand	23/10/14
312108 S08	E	Perspective, prepared by graypuksand	23/10/14
312108 S09	E	Perspective, prepared by graypuksand	23/10/14
312108 S10	E	Perspective, prepared by graypuksand	23/10/14
NA	NA	Hail Netting Area, prepared by Zest	Not dated
NA	NA	Image 1, prepared by Zest	Not dated
NA	NA	Image 2, prepared by Zest	Not dated
NA	NA	Image 3, prepared by Zest	Not dated
NA	NA	Image 4, prepared by Zest	Not dated
NA	NA	Image 5, prepared by Zest	Not dated
NA	NA	Image 6, prepared by Zest	Not dated
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
MCU13/0153 – Proprietary Device
This site is provided with two proprietary devices (Stormwater 360 StormFilter and Enviropod) stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on this site. These devices are required to be routinely checked and serviced/cleaned out as per the Operations and Maintenance Manual for both types of proprietary devices.
The material extracted from the devices when being serviced and cleaned out is to be removed from the site and disposed of by either a licensed waste removal contractor or by other lawful means. Records of maintenance activities undertaken are to be kept and made available to Council Officers upon request.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Development Permit for Operational Work (Access & Carparking, Stormwater and Landscaping).
Development Permit for Building Work
submissions
Not Applicable
Reasons/grounds for approval despite conflict with scheme
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The site has existing use rights for a major retail use (Bunnings Warehouse);
The development allows the co-location and integration of a vehicle sales use with a major vehicle servicing use component, which is a consistent use on the site;
The site is adjacent to the Auto Park and will not unduly compromise its role or function; and
The development allows the re-use of the existing building on the site and improved built form outcomes on the site.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.

other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully

Tara Norley
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 13 December 2013.
Decision Notice - Minor MCU13/0153.01 – 3 December 2014; Amend condition 8 & 13; amend item 6
Decision Notice – Minor – MCU13/0153.02 – 29 October 2020; Amend item 6; include additional conditions 24-27

	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

[word/footer2.xml]
Page 5 of 8

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 8

[word/footer4.xml]
Page 2 of 3

[word/header4.xml]
3

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL