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Decision Notice - 010.2008.00001127.001 [As Published] · 132008.1127

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                                              Officer:          Evelyn Murphy
                                              Direct Telephone: (07) 5449 5225
                                              Response Address: PO Box 141, Tewantin QLD 4565
                                              Email:            [email protected]
                                              Our Reference:    2008/1127
                                              Your Reference:   080623T
19 December 2008

S & S Ball Super Fund
CARE Ken Hicks & Associates
PO Box 6380
MAROOCHYDORE BC QLD 4558



Dear Sir/Madam

                                      Decision Notice
                                    Integrated Planning Act 1997

I refer to your application and advise that on 19 December 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2008/1127
    Street address:                  187 Gympie Terrace, Noosaville
    Real property description:       Lot 4 GTP 2026
    Planning Scheme:                 The Noosa Plan
2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 -
         Food & Beverages

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS

Land Use
1.       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 and may
         be amended by these conditions: -
          Plan         /     Rev.   Plan / Document Name                         Date
          Document No.
                                    Group Titles Plan No. 2026


                                                                                         Page 1 of 8
Full text of the other 7 pages

Page 2

                                                                                        2008/1127



2.    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 nuisance or other emissions.
3.    A total of 10m² outdoor dining area is permitted in front of the tenancy and shall be clearly
      delineated at all times. A maximum of 25m² within the building shall be used for dining, with
      the remainder to be utilised for kitchen, storage facilities etc.
4.    Any advertising sign or device is to comply with Council's policies on advertising.
5.    All goods are to be displayed on site within the property boundaries and/or on the premises
      approved for the use.
6.    The use shall operate only between the hours of 7am to 10pm Sunday to Thursday and 7am
      to 12pm Friday and Saturday.
7.    Any new mechanical ventilation equipment shall be designed to avoid adverse visual impacts
      and shall visually integrate with the building design. This equipment shall not give rise to odour
      and noise impacts on the adjacent units.
8.    Any new hot water systems installed shall be either solar systems; electric heat pump
      systems; or gas systems (LPG or natural).
9.    Any new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation
      Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
      Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with
      toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower
      roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing
      machines are excluded from this requirement.
10.   The Development Permit for a material change of use of premises lapses if the use has not
      happened by 19 December 2012, unless an application to extend the currency is approved by
      Council.
11.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for Building Works.
Land Development
12.   Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
      upgrading various infrastructure at the rates applicable at the time of payment. An estimate
      only of the contribution amounts under the current Council policies and requirements is
      outlined in the table below:

       Contribution Required For:                                                      Amount:
       PSP12 – Public Open Space Contributions (Park)                                  $54
       PSP20 – Pathway Trunk Network Contributions                                     $55
       PSP13 - Contributions in lieu of the provision of one off street parking
                                                                                       $14,762
       space

       TOTAL Contribution Amount =                                                     $14,871

       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from September 2008 until the date of payment.

      All contributions must be paid prior to commencement of the use.



                                                                                       Page 2 of 8

Page 3

                                                                                        2008/1127



Environmental Health
13.    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 sewer, via
       a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage
       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.
14.    Refuse containers must be provided in accordance with the requirements of the Environmental
       Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for
       the storage and collection of refuse.
5      REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger             Referral Status    Referral Agency       Referral Address

 Nil

6      APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.    Plan / Document Name                         Date
                                   Group Titles Plan No. 2026

7      ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     The applicant is advised that development contributions and infrastructure charges applicable
       to this development approval have been based on the following Uses Class/ Uses and
       applicable quantities:-

                     Existing Development                          Approved Development
         Existing Use Class /                                Approved Use              Approved
                                    Existing Quantity
                 Use                                          Class / Use              Quantity
        Credit given as the
        greater of:
                Commercial
                                          2 x medical
                 Business –
                                           consultation     Entertaining &        30m2 indoor plus
                 Type 2
                                           rooms = 30m2     Dining Business -     10m2 outdoor
                 Medical
                                           use area         Type 1 Food &         dinning = 40m2
            or                                              beverages             total use area
                                      or
                Retail
                                          30m2 shop
                 Business –
                                           use area
                 Type 2 Shop &
                 salon

                                                                                       Page 3 of 8

Page 4

                                                                                     2008/1127



2.   The applicant is informed that approval of this development application will trigger an
     Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
     Charges Plan for the estimated amount of $3,617 and is subject to variations in the Consumer
     Price Index, All Groups Brisbane from September 2008 until the date of payment. An
     Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
     Planning Act 1997.
3.   The applicant is informed that payment via credit card transaction will not be an acceptable
     method of payment for development contributions conditioned in this permit or for
     infrastructure charge notices issued separately.
4.   Where any food premises is included in a development, the following is required:
     4.1   Plans and application is to be made to Council’s Environmental Health Section for
           approval prior to any building approval, fitting out or use of the premises.
     4.2   A statement indicating the purpose of the food premises, type of food sold, proposed
           menu and maximum number of patrons at any time, is to accompany the application for
           plan approval.
     4.3   Construction and use of the food premises should comply with Council’s Food Premises
           Policy and the Food Safety Standards. (Both available from Council)
     4.4   Toilets for customers and staff to be provided in accordance with Building Code of
           Australia. Obtain advice from a building certifier on numbers and standards, including
           disable access.
     4.5   Plans and approval is required for any mechanical exhaust ventilation system, which
           should comply with AS1668. A certificate from the installer certifying the system
           complies with the Standard must be obtained and lodged with Council prior to
           commencement of trade.
     4.6   Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
           obtain a Food License from Council, prior to use of those premises.
5.   The development should be undertaken and operated in a manner that causes no detrimental
     effect upon the amenity of the neighborhood by reason of the creation of excessive noise,
     lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
     other emissions in accordance with the nuisance provisions of the Environmental Protection
     Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
6.   Noise from building works associated with commercial and or industrial development should
     comply with the following –
     6.1    Limited to between 7:00am to 6:30pm Monday to Saturday.
     6.2    All reasonable measures are taken to minimise noise emissions.
     6.3    Not permitted on Sunday or public holidays.
7.   In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
     cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed
     where it could reasonably be expected to move into a roadside gutter, storm water drain or a
     watercourse. On the spot fines apply for such offences.
8.   The hydraulic drawings are to show all the Trade Waste requirements in accordance with the
     Noosa Trade Waste Policy. NB: A Trade Waste Permit must cover all types of Trade Waste
     discharged. The Trade Waste application fee of ($186.00) is required at the time of the
     application. A place of food preparation and/or cooking is to have the liquid waste connected
     to a Trade Waste line, that discharges to an approved grease arrestor of a size determined by
     Council’s Trade Waste Policy. Trade Waste requirements are to be in place, inspected and
     approved prior to the commencement of trading or operation. The appropriate Trade Waste
     Permits will be issued following approval at final inspection.
                                                                                    Page 4 of 8

Page 5

                                                                                         2008/1127



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 (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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required           Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Advertising Devices Code

12     SUBMISSIONS
There were no properly made submissions about the application.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning
Act 1997.
                                                                                        Page 5 of 8

Page 6

                                                                                    2008/1127



Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully,



Kerri Coyle
MANAGER – LAND USE




                                                                                   Page 6 of 8

Page 7

                                                                                                      2008/1127



                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated
                                                                    (6) If an application involves assessment against a
Planning Act (Chapter 4).                                      concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the concurrence agency’s
                                                               response for the code.
Appeals by applicants
                                                               Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      development approval for a development application
      application;                                             if-
(b) a matter stated in a development approval,                 (a) the development application involves impact
      including any condition applying to the                      assessment; and
      development, and the identification of a code
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a             application as a submission for an appeal.
      development permit was applied for;
                                                                  (2) The appeal must be started within 20 business
(d) the length of a relevant period;                           days after the day the decision notice or negotiated
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the relevant period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               notices have been given may appeal to the court
                                                               against the decision in the notice-
                                                               (a) a notice giving a decision on a request to change
                                                                   or cancel a condition of a development approval.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
                                                                                                     Page 7 of 8

Page 8

                                                                                                   2008/1127

(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 relevant period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval,
    including any condition applying to the
    development, and the identification of a code
    under section 3.1.6;3
(c) the decision to give a preliminary approval when a
    development permit was applied for;


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
                                                                                                 Page 8 of 8

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