Minor Change Existing Approval 51988.2849.03

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	51988.2849.03
Your Reference:	180093
21 September 2020

Lorri Banks
Care/- Adamson Town Planning
PO Box 78
Peregian beach QLD  4573
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 May 2018, requesting a minor change to an existing development approval. Council on 17 September 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51988.2849.03
Street address:	Noosa On The Beach 1/49 Hastings St NOOSA HEADS
Real property description:	Lot 0 and Lot 1 on BUP8884
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 15 March 1988
Town Planning Consent TPC 2021 for a Multiple Dwelling of 20 dwelling units, 8 shops and 2 restaurants
In relation to the request to make a minor change to the existing approval, Council on 17 September 2020, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional conditions
Include new Advisory Note
Agree to enter into an Infrastructure Agreement

assessment manager conditions
Submission to and approval by Council of building plans in accordance with the Building Act, Council's By laws and Policies, and generally in accordance with the amended plans by Bligh Jessup Robinson Architects numbered 1-6 and dated 29th February, 1988 approved in this Consent and the Shire of Noosa Town Planning Scheme, apart from where amendments are required, or dispensations have been granted in conjunction with this Consent.
The plans submitted for Building Approval are to comply with the following:-
The restaurant shown as "Shop 1" shall be altered so that a 1.5 metre side building setback is maintained within 15 metres of the northern boundary.
Multiple dwelling units are to be not less than 40 square metres measured to the satisfaction of the Building Surveyor.
Eight (8) shops and two (2) restaurants ("Shop 2" and "Shop 7") are approved under this application and the plans shall therefore be modified to reduce the number of shops by one
Structures between the 2nd floor and the Roof Level will be modified to provide a setback in accordance with the Building Act to the satisfaction of the building Surveyor.
The gatehouse structure is to be deleted.
Provision of at least thirty-one (31) off-street covered car parking spaces, and access thereto which are to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town Planning Scheme, Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application.
Payment to Council of $96,000 in lieu of twelve (12) off-street car parking spaces, prior to issue of building approval.
Transit Lounge areas on the first and second levels are approved for use by residents and staff of the complex. The holding of functions or other similar events where members of the public are admitted whether or not for a fee are not approved.
There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with the Noosa Design Manual and a properly prepared landscaping plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscaping plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
Existing trees are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday, except where extended hours are approved by the Building Surveyor.
Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
All lots that form part of this application are to be amalgamated in Title, prior to the issue of a Building Approval.
Payment of contributions in accordance with Council's Policy on Water Supply and Sewerage Headworks, current at the time of Building Approval. Calculations based upon the current Policy including Price Index variation as at March, 1988 may be obtained from the Engineering Department upon request.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond or trading bank guarantee for the required amount is to be lodged prior to the release of that Approval. The contribution is then required to be made within fourteen (14) days of the issue of Building Approval
The footpath to the frontage of the site is to be fully paved to the satisfaction of the Shire Engineer.
The developer shall bear the cost of alteration of any public utility or facilities necessitated by the development of the land or associated construction works external to the site.
Connection to Council's existing water supply and sewerage reticulation systems at the developer's expense to the standards and requirements of Council's Shire Engineer.
Floor levels for all buildings and other structures, car park areas and fill levels for the site are to be in accordance with the requirements of the Shire Engineer. Such levels shall be provided on application to the Council's Engineering Department. Any filling or other development works undertaken on the site shall be carried out so as not to cause the ponding of water on any adjoining lands and the blockage or interference with any natural watercourses. No earthworks or filling works are to be undertaken until issue of a Building Approval.
Roof and surface water is to be collected on site and to be discharged through a single underground drain line into existing drainage in Hastings Street to the satisfaction of the Shire Engineer.
The roof top terrace shall not contain roofing over structures other than clear acrylic sheeting placed flat over pergolas to prevent entry of stormwater to spa baths. Such roofing shall be of the minimum size only needed to prevent such entry, to the satisfaction of the Building Surveyor. The pergolas shall not intrude into a 40 degree slope line from the outer edge of the building in accordance with the Noosa Design Manual.
The applicant shall construct a walkway along the beach frontage to a design approved by the Shire Engineer. Council may accept a contribution in lieu of these works.
Balconies shall be designed and construction so that access and handrails are a minimum of 1.5 metres setback from the side boundaries.
The existing access through the kerb and channel is to be replaced to the requirements of the Shire Engineer.
Strengthening of the existing rock wall is to be carried out to the requirements of the Shire Engineer.
All sand excavated from the site surplus to the requirements of the building shall be deposited in an approved manner on the Noosa Main Beach. The building works shall be organised so that contamination of the sand by foreign materials will be minimised. The contractor is required to discuss with the Shire Engineer or Building Surveyor, the proposed means of excavation· prior to any .excavating works proceeding.
Contributions for roadworks and landscaping shall be payable in accordance with the draft Hastings Street Development Control Plan as follows:-
Roadworks and Landscaping - $12,096
Such contribution shall be paid prior to the issue of a building permit.
Submission of two sets of professionally drawn scale plans in compliance with Council's Code controlling food establishments for approval by Council's Health Surveyor, for any food premises proposed to be included in the development. Approval is to be obtained prior to fitting out the building.
An annual licence is to be obtained under the Food Hygiene Regulations of 1976 from Council's Health Department.
Provision of approved refuse containers in accordance with the requirements of the Refuse Management Regulations of 1983 for the storage and collection of refuse to the satisfaction of Council’s Health Surveyor.
Provision of an imperviously pave9, drained and enclosed area to accommodate all refuse containers to the reasonable satisfaction of Council's Health Surveyor. This area is to be aesthetically screened from any road frontage or adjoining property boundary and is to be setback a distance of two (2) metres from any road frontage. A suitable hosecock and hoses to be located in the vicinity of the refuse container area.
Any flat or unit intended to be let out for fee or reward is to be licenced annually with Council's Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws prior to such letting.
The swimming pool shall be licensed annually with the Council's Health Department in accordance with the provisions of Chapter 42 of Council's By-Laws.
The footpath nd setback areas are to be kept clear of goods, signs and street furniture not approved by Council.
Should S.E.Q.E.B. require provision of a transformer, such provision is to be made to the satisfaction of S.E.Q.E.B. and the Shire Planner. The transformer is not to be located within landscaping areas unless approved by the Shire Planner.
Approval is to be obtained from the Beach Protection Authority for buildings or other structures proposed to be located within the Coastal Management Control District
An identification survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of foundation inspection by Council's Building Surveyor or immediately thereafter. Such survey shall set out the boundaries of the site and the position of the buildings on the site.
Submission of a cash bond or trading bank guarantee to the sum $50,000, prior to the issue of Building Approval:
against payment of water supply and sewerage headworks charges ($35,000);
to secure performance of conditions($15,000);
The cash bond or trading back guarantee may be returned to the applicant upon payment of the required sums and performance of the conditions of approval.
The owner is to request to Council, revocation of TPC 1900 within 60 days of receipt of building approval.
The provisions of this Town Planning Consent are to be effected, prior to the commencement of the specific use granted under this Consent Council reserves the right to call upon the bond or guaranteed sum referred to in this approval for the purpos.es of litigation should the use not be conducted in accordance with this Approval.
This Consent may be revoked pursuant to Section 33 (16D) of the Local Government Act if substantial progress has  not  been made in the erection of any building or other structures in. accordance with this Consent or the rights conferred by this Consent are not exercised in accordance with this Consent within two (2) years of the date thereof.
Additional conditions - 11 June 2020
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans. The approved plans are listed in the following table and may be amended by these conditions and annotations on the plans.
Plan No.	Rev	Plan Name – Prepared by	Date
276_101	P5	Staging/Site Plan as annotated by Council, prepared by Maddock	08.06.2020
276_102	P5	Pool - Detail Plan as annotated by Council, prepared by Maddock	08.06.2020
276_103	P5	Pool – Wall Elevations, prepared by Maddock	08.06.2020
Nature and Extent of Approved Use
The pergola must remain permeable and constructed with 100mm x 6mm aluminium flat bars, or the like, in a vertical arrangement, spaced a minimum of 50mm apart.
The aluminium bars must be treated so as not to result in glare to surrounding properties
Existing landscaping within The Parade must not be damaged, removed or destabilised.
No works or storage of materials is to occur within The Parade, unless authorised by a further permit.
The increased height of the wall to the eastern side of the steps is not to exceed the height of the existing wall on the boundary.
The new glazing to the beachfront fence must be transparent and no higher than the existing glazing.
Additional conditions – 17 September 2020
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans. The approved plans are listed in the following table and may be amended by these conditions and annotations on the plans.
Plan No.	Rev	Plan Name – Prepared by	Date
A002	Q	Existing Façade, prepared by Kings Lane Architects	05/02/2020
A100	Q	Proposed Refurbishment, prepared by Kings Lane Architects As annotated by Council	05/02/2020
A101	Q	Proposed GR FLR Refurbishment, prepared by Kings Lane Architects As annotated by Council	05/02/2020
A104	Q	Proposed Areas, prepared by Kings Lane Architects	05/02/2020
A300	Q	Proposed Section, prepared by Kings Lane Architects	12/02/2020
A310	Q	Proposed Elevations, prepared by Kings Lane Architects	05/02/2020
A800	Q	Proposed Perspective 01, prepared by Kings Lane Architects	05/02/2020
A801	Q	Proposed Perspective 02, prepared by Kings Lane Architects	05/02/2020
LD 01 Sheet 1 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 02 Sheet 2 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 03 Sheet 3 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
LD 04 Sheet 4 of 4	C	Landscape Design, prepared by Environmental Landscape Planning	3 February 2020
Nature and Extent of Approved Use
The area to be used for outdoor dining is limited to 14.1m2 of use area.
No works or storage of materials is to occur within The Parade, unless authorised by a further permit.
Landscaping
The development site must be landscaped in accordance with the Approved Plans.
The existing Pandanus trees located within the raised garden beds must be retained in accordance with the Approved Plans. A Qualified Person* must be engaged for the duration of the works to:
a.	Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
b.	Provide Council with certification and photographic report on supervising construction works within the tree protection zone of the retained Pandanus trees, following the completion of the approved works.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
No signage is to be located within the landscaped areas.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Where damage occurs to any Council asset as a result of the landscaping works, the damage must be repaired immediately where it creates a hazard that presents risk to person or property. Non-hazardous damage must be repaired prior to completion of works.
Car Parking
The applicant must comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of one car parking space must be provided and marked on the site and made available and accessible at all times while the use is open for business.
A retaining wall must be maintained for the full length of the property to main beach with removable flood gates installed or available for installation prior to any significant coastal storm event to each entry point. These structures must be designed to mitigate the impact of wave overtopping of the Council controlled beach seawall during a significant event.  Certification must be submitted to Council from a RPEQ which certifies that these structures meet the requirements of this condition.
reasons for approval
1.	The proposal complies with the Overall Outcomes of the Noosa Heads Locality Code as the development will provide for entertainment and dining premises, providing interest for visitors and residents accommodated in the immediate area, whilst outdoor dining facilitates a vibrant pedestrian friendly streetscape;
2.	The development is consistent with the bulk and scale of buildings within proximity to the subject site, presenting an improved, high quality built form and landscaping along The Parade, and providing a direct link to Main Beach.
referral agencies
Not applicable.
advisory notes
Qualified Person
1.	A Qualified Person, for the purpose of:
a.	Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation assessment and either:
i.	International Society of Arboriculture (ISA) certification; or
ii.	A Diploma of Arboriculture.
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
Not applicable.
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Agreement
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 15 March 1988.
Decision Notice – Minor Change -51988.2849.04 – 11 June 2020; with additional conditions 39-45
Decision Notice - Minor 51988.2849.03 – 17 September 2020; additional conditions 46 – 57; include Advisory Note & enter into an Infrastructure Agreement (car parking)

	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