Other Change Decision Notice - MCU20 0002.01

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU20/0002.01
Your Reference:	2360
21 April 2022
Stay Property Group
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567
[email protected] [email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 20 April 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0002.01
Street address:	Seven Flags 195 Weyba Rd Noosaville Qld 4566
Real property description:	BUP 102401
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 30 April 2020
Development Permit for Material Change of Use - Commercial Business - Type 1 Office
In relation to the request to make an Other Change to the existing approval, Council on 20 April 2022, decided to approve the requested changes. The changes are detailed below.
Agree to change conditions 2 & 7
Agree to Development Permit for an Other Change to a Material Change of Use for Commercial Business - Type 1 Office and Food & Drink outlet
Refuse to change condition 5 for the following reasons:
Early morning trading hours for the Food and Drink does not comply with Acceptable outcome AO11.1 (a) and Performance outcome PO11 of the Business Activities Code, as residential land uses adjoin the subject site and there are likely to be noise impacts on adjoining residential property
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
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
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
CD-00	A	Site Plan prepared by Andrew Bock Architecture as annotated by Council	27/11/19
CD-D01	A	Ground Floor Plan prepared by Andrew Bock Architecture as annotated by Council	Mar 20
CD-D02	A	Upper Floor Plan prepared by Andrew Bock Architecture as annotated by Council	Mar 20
CD.E01	A	Exterior Elevations prepared by Andrew Bock Architecture	27/11/19
CD.E02	A	Exterior Elevations prepared by Andrew Bock Architecture as annotated by Council	27/11/19
CD-Z01	A	Street Views prepared by Andrew Bock Architecture as annotated by Council	20/01/20
CD-Z02	A	Street Views prepared by Andrew Bock Architecture as annotated by Council	20/01/20
01	A	Site Plan (Food and Drink), prepared by Suncoast Studio	05-11-2021
02	A	Floor Plan (Food and Drink), prepared by Suncoast Studio	05-11-2021
Referenced Plans and Documents
Development must be in accordance with the following referenced plans and documents as amended by conditions of this approval:
Document/Plan No/ Ref.	Rev.	Document/Plan Name	Date
File ref: 7465	n/a	Stormwater Management Plan (SWMP) prepared by Black & More	20/03/2020
Plan ID: SK01	n/a	Applicant’s motorcycle parking sketch plan as annotated by Council	29/04/2020
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.  The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works* OR Building Works*, whichever comes first, and must include the following:
Delete car parking space P2 in the south-western corner of the carpark;
Provide minimum 1.3m wide landscaping buffer to the southern boundary of the site;
Include 4 motorcycle spaces of dimensions in accordance with AS2890.1, on the southern side of the carparking area in lieu of car space P2 generally as shown on the Applicant’s motorcycle parking sketch plan, Plan ID SK01, and dated 29/04/2020 as annotated by Council.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 7am and 9pm daily.
The requirements of Condition 5 must be included in the Community Management Statement for any body corporate for the subject site and a copy of the amended statement forwarded to Council prior to the use commencing.
Part of the outdoor deck as shown on approved Floor plan no. 02, Issue A dated 05-11-2021 and prepared by Suncoast Studio can be used exclusively for the Food and Drink Outlet at a total of 15.6m2 only. All other deck areas are not included in the use area calculations, and must only be used for pedestrian passage or thoroughfare unless otherwise approved by Council.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by the expiration of 6 years from the date of commencement of the approval, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 9.3 metres for that part of the building with roof pitch of 25 degrees and 8 metres for all other parts of the building.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Parking
A total of 4 car parking spaces and 4 motorcycle spaces must be provided on site.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works* OR Building Works*, whichever comes first. 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.
Waste management
A Waste Management Plan must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Building Appearance
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice.
LANDSCAPING
Dense landscaping must be provided to the southern boundary for a minimum width of 1.3 metres and include:
Syzygium australe, Syzygium leuhmanni or Syzygium hemilampra in minimum pot sizes of 300mm planted at maximum spacing between stems of 1m.
Pruning must be limited to lateral (side) branches until the plants have reached a height greater than 3 metres.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance.
All landscape works must be established and maintained in accordance with the approved plans and conditions of approval 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.
ENGINEERING
Site Access, Car Park and Driveways
The existing driveway must be removed and a sealed access driveway must be provided from Swan Street (approximately in the same location as the existing) to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council’s standard drawing RS-051and respective addendum; and
reinstatement of damaged kerb and footpath contiguous to the driveway.
All car parking areas, motorcycle parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
The car park area is to be sealed and parking spaces must be clearly delineated and marked.
Directional signage must be provided to direct vehicles to the car parking spaces provided on site.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with Black & More’s Stormwater Management Plan (SWMP) for the subject site, dated 20/03/2020, File ref: 7465.
The site specific SWMP must be approved as part of the subsequent Building Approval.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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 work.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 30 June 2020
Decision Notice – Other Change – MCU20/0002.01; with an amendment to conditions 2 & 7; refuse to change condition 5; change development approval to include food & drink outlet

	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

[word/footer1.xml]
Page 7 of 8

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 8

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL