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Minor Change Existing Approval MCU16 0070 01
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: MCU16/0070.01
Your Reference: n/a
25 June 2024
PJ Serfontein TTE & CB O'Donnell TTE
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Applicant
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 October 2023, 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: MCU16/0070.01
Street address: 69 Mary St, Noosaville
Real property description: Lot 1 RP 64833
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 26 June 2016.
• Development Permit for Material Change of Use of Premises - Commercial Business Type 3
- Veterinary
In relation to the request to make a minor change to the existing approval, Council on 20
June 2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
C. Include additional conditions 9, 10, 11 and 12.
D. Agree to enter into an Infrastructure Agreement with the applicant that provides for
contributions in lieu one on site car parking space.
E. Add Property Note 1.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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. Rev. Plan/Document Name Date
23-354 A100 - Site Plan prepared by Steve Campbell Design 10.05.2023
23-354 A300 - Ground Floor Plan prepared by Steve Campbell 10.05.2023
Design
23-354 A301 - Upper Level Floor Plan prepared by Steve 10.05.2023
Campbell Design
23-354 A400 - Elevations prepared by Steve Campbell Design 10.05.2023
Noise
3. The use must be undertaken and operated in a manner that causes no detrimental effect
upon the amenity of the surrounding properties. In this regard, where a complaint (other than
a frivolous or vexatious complaint) is made to Council about noise from the approved use
areas, Council may require the operator or site management entity to have a suitably
qualified acoustic consultant undertake a Noise Impact Assessment (NIA) in accordance with
the Environmental Protection (Noise) Policy 2008. The NIA report must be submitted to
Council for endorsement which outlines the findings and recommendations of the NIA. The
recommendations must be implemented.
4. The dog kennel room located on the top level is to be acoustically insulated to ensure noise
from any barking dogs cannot be heard outside of the building.
5. The dog kennel room is to have non-opening windows.
6. The use of air-conditioning to be used to control ventilation and temperature in the dog kennel
room.
7. No animals are to be housed on site overnight.
8. Noise emission from mechanical equipment shall comply with the following requirements:
a. Air-conditioning
i. 7am to 10pm: Maximum background + 5dB(A)
ii. 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum background + 5dB(A)
ii. 7pm to 10pm: Maximum background + 3dB(A)
iii. 10pm to 7am: No audible noise.
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Additional Conditions – 17 June 2024
Infrastructure Agreement
9. 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 12 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.
Landscaping
10. A minimum of 10% of the site must be retained as landscaping.
11. Existing vegetation on the site must be retained, except where required to be removed to
accommodate the approved building extension along the western boundary. In this regard,
the removal of vegetation must not extend beyond the 12.3m length of the built to boundary
portion of the building.
12. Trees to be retained must be protected from clearing or 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
d. using low impact construction techniques around vegetation.
5. REASONS FOR APPROVAL
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. 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 Unit on 07 3247 6212 to discuss any obligations
under the ACH Act.
Equitable Access and Facilities
2. 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:
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a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. This Development Permit will not 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).
Environmental Protection Act
4. The development should 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 or odours) nuisance or any
other emissions in accordance with the provisions of the Environmental Protection Act 1994.
Infrastructure Charges
5. 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
8. PROPERTY NOTES
MCU16/0070.01 – Infrastructure Agreement
1. An Infrastructure Agreement has been signed in association with Council Approval
MCU16/0070.01. The Agreement relates to the provision of contributions in lieu one on site
car parking space.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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.
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Yours faithfully,
Richard MacGillivray
Director Development & Regulation
Phone: (07)5329 6500
Email: [email protected]
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
Infrastructure Agreement
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 26 June 2016.
• Decision Notice - Minor – MCU16/0070 – 17 June 2024 - with an amendment to condition 2, additional conditions 9, 10, 11 & 12
and additional property note 1.
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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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