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ECM_20751187_v4_Minor Change Existing Approval MCU14 0053 01
Attached to the e-mail email correspondence relating to app lodgement.msg.
14/Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: MCU14/0053.01 : JELDER
Your Reference: 032924
10 December 2018
Cammeray Investments Pty Ltd
C/- Bennett & Francis Pty Ltd
PO Box 3624
SOUTH BRISBANE QLD 4101
[email protected]
Dear Sir,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 March 2018, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU14/0053.01
Street address: 15 Noosa Dr Noosa Heads Qld 4567
Real property description: Lot 6 N 21827
Planning Scheme: The Noosa Plan (27 November 2017)
2. DECISION DETAILS
The following type of approval was issued on 24 September 2015.
Development Permit for Material Change of Use of Premises - Retail business Type 2 - Shop
In relation to the request to make a minor change to the existing approval, Council on
4 December 2018, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 2, 5 and 7.
C. Include additional Conditions 12, 13 and 14.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 4 years starting the day that the original
development approval MCU14/0053.01 took 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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Document Set ID: 20751187
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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. Issue. Plan/Document Name Date
DA 101 B Site Plan, prepared by Soul Space Building Design 12-9-18
DA 102 B Ground Floor Plan, prepared by Soul Space 12-9-18
Building Design
DA 103 B Site Cover Plan, prepared by Soul Space Building 12-9-18
Design
DA 104 B Roof Plan, prepared by Soul Space Building 12-9-18
Design
DA 201 B Elevations, prepared by Soul Space Building 12-9-18
Design
DA 202 B Elevations, prepared by Soul Space Building 12-9-18
Design
DA 203 B Sections, prepared by Soul Space Building Design 12-9-18
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Performance Bond
4. 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 Building 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 conditions.
Building Appearance
5. Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a
minimum of 50% of the street frontage. External materials, including facing Halse Lane, must
consist of selected stone wall finishes and painted weatherboard cladding in accordance with
the approved plans.
6. All mechanical equipment and other service infrastructure located on the site must be fully
enclosed or screened such that they are not visible from the street frontages nor adjoining
properties.
7. A maximum of 29m² of uncovered outdoor Use Area may be used for storage or sale of
goods and/or materials except for the outdoor area facing Halse Lane which must not be
used.
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Retention of Existing Trees
8. Existing native trees identified on the approved plans located between the building and the
eastern and southern property boundaries must be retained and maintained in good health
for the life of the tree.
9. Trees to be retained must be protected from construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Prior to Commencement of Works
10. A preliminary Construction Management Plan must be submitted to Council prior to the pre-
start meeting and must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
b. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
c. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
11. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6244. The
pre-start meeting must include the relevant parties for the demolition, construction and
landscaping aspects of the works:
Additional Conditions - 4 December 2018
12. The approved:
a. Site Cover is 128.9m²;
b. Gross Floor Area is 122m²;
c. Use area is a maximum of 139m² based on the car parking provision for the site.
Landscaping
13. Landscaping must be provided in accordance with Planning Scheme Policy PSP 3
Landscaping plants and guidelines. In this regard:
a. a minimum of 1m² soft landscaped garden must be provided to the Noosa Drive
frontage;
b. the garden adjacent to the Halse Lane frontage must be improved to the satisfaction
of Council; and
c. any decking outside the property boundary facing Halse Lane must be removed and
replaced with soft landscaping to the satisfaction of Council.
14. The steps facing Noosa Drive must be located within the site
5. ADVISORY NOTES
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance
with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in
conjunction with the State Planning Regulatory Provision (adopted charges).
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6. PROPERTY NOTES
Not Applicable
7. VARIATION APPROVAL DETAILS
Not Applicable
8. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works
9. SUBMISSIONS
Not Applicable
10. 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.
11. 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,
Glen Conforti
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – MCU14/0053 – 24 September 2015.
Decision Notice - Minor – MCU14/0053.01 – 4 December 2018, with an amendment to conditions 2, 5 & 7 and additional conditions
12, 13 & 14.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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