SUPERSEDED Minor Change Existing Approval MCU21 0154.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 5329 6514
Our Reference:	MCU21/0154.01
Your Reference:	002348
19 December 2022
AJ Neilson & BA Neilson
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 25 October 2022, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU21/0154.01
Street address:	82 Patterson Dr Tinbeerwah Qld 4563
Real property description:	Lot 62 RP 886676
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 16 December 2021
Development Permit for Material Change of Use of Premises -Home-based Business – Meat Processing Facility
In relation to the request to make a minor change to the existing approval, Council on 15 December 2022, decided to approve the requested changes. The changes are detailed below.
Agree to change conditions 5, 7, 14 & 18
Amend condition 19
Amend condition 21
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with, and then compliance maintained at all times while the use continues.
Approved Plans
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
AO1	-	Site Plan, prepared by RG Strategic	08/09/2021
AO2	-	Floor Plan, prepared by RG Strategic	08/09/2021
Currency Period
This development approval lapses if the use has not happened by 16 December 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must be conducted entirely within the existing shed as shown on the Approved Plans, except for the parking, loading and unloading of vehicles which may occur within the existing driveway and associated manoeuvring area.
The facility is not permitted to process more than ten (10) carcasses per week, with harvesting to occur a maximum of one evening a week.
The approved use must be conducted by a permanent resident or residents of the detached house. No employees are permitted.
Meat processing must not occur outside the hours of 8:00am to 5:00pm Monday to Friday, with a maximum of 2 deliveries from the site permitted on Saturday and Sunday and public holidays.
The approved use must not involve the sale of goods from the premises, nor the public display of goods visible from any point outside the premises.
The approved use must not involve the operation of a motor vehicle with a carrying capacity exceeding a courier van.
The approved use must be operated by the resident of the dwelling with no employees permitted.
All stored equipment, goods manufactured, or materials used in association with the approved business must be located within a building or screened from view from all public places and adjoining properties by fencing and/or dense landscaping.
Any storage of flammable and/or combustible liquids must comply with the minor storage provisions of Australian Standard AS1940 “The Storage and Handling of Flammable and Combustible Liquids”.
Any waste associated with the processing facility must be stored internally and refrigerated until ready for collection by the facility operator and lawfully disposed of offsite.
No commercial deliveries or collections are permitted on site, other than 1 collection per week, made between Monday to Friday 9am to 4pm via a small, refrigerated van.
General Environmental Nuisance
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust, smoke & odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning, Compressor and Refrigeration Equipment
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
The background noise level is that measured in the absence of the problem noise.
Other Mechanical Equipment
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
The background noise level is that measured in the absence of the problem noise.
Nature and Extent of Approved Use (continued)
The harvesting vehicle is required to be enclosed or fully covered such that carcasses are not visible during transportation.
To minimise the potential impacts of the operator’s vehicle and refrigerated trailer  returning to and departing from the site, the operator must:
Dim vehicle lights at night time when departing and returning to the site (if safe and  practical to do so).
Keep mechanical equipment associated with the refrigeration and cooling of the         trailer turned off until the vehicle has left the subject site
Only deliver harvested animals to the site a maximum of 1 day per week
Landscaping Works
The access handle must be densely landscaped with native plants and shrubs to provide a dense screen of vegetation between the driveway and neighbouring residents. The landscape garden bed along the southern boundary adjacent Lot 61RP886676 pool area must be enhanced with supplementary planting being eight (8), “Syzygium australe” or “Syzygium luehmanii” with a minimum plant stock size of 45 litres at a density of 1 plant per metre.  All supplementary planting works must be undertaken 1 month from the date of this approval.
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.
Permit
This permit lapses on 17 December 2024 unless written consent is provided by Council to extend the approval. In assessing an extension, Council will have regard to any complaints received from nearby residents concerning breaches of the development approval conditions, and any other relevant matters.
referral agencies
Not Applicable
advisory notes
PLANNING
Nature and Extent of Approved Development
The assessment of this development was based on a proposal having a gross floor area of 52m2, as depicted on the Approved Plans.
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
There were 16 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
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,

Patrick Murphy
Manager Development Assessment (Acting)

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 16 December 2021.
Decision Notice - Minor MCU21/0154.01 – 15 December 2022;, with an amendment to conditions 5, 7, 14 & 18, 19 & 21

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL