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Decision Notice - Minor Change - 51991.652.04 [As Published]

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                                                                                     Officer:            Tara Norley
                                                                                     Direct Telephone:   07 5329 6486
                                                                                     Our Reference:      51991.652.04
                                                                                     Your Reference:     20184339

               27 June 2023


               Crane Investments Noosa Pty Ltd
               C/- GMA Certification Group Pty Ltd (Nerang)
               PO Box 2760
               NERANG QLD 4211
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 28 March 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:              51991.652.04

                   Street address:              Hotel Laguna
                                                6 & 180/6 Hastings St, Noosa Heads

                   Real property description:   Lot 0 BUP 3309 and Lot 30 BUP 12150

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 26 February 1992.
               •       Town Planning Consent Permit (TPC 2409) for a Shop and Entertainment and dining
                       business type 1 – food and beverages, and an additional Multiple Dwelling Unit
               In relation to the request to make a minor change to the existing approval, Council on 20 June
               2023, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend the approval description.
               C.      Amend condition 19.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
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Page 2

               4.     ASSESSMENT MANAGER CONDITIONS

               1.     Submission to and approval by Council of building plans in accordance with the Building
                      Act, Council's By-laws and Policies, the conditions of this approval and substantially in
                      accordance with plans by Noosa Design Group dated November 1991 and numbered
                      9112/01, 02 and 03 and the Shire of Noosa Planning Scheme apart from where
                      amendments are required or dispensations have been granted in conjunction with this
                      approval.
               2.     The plans submitted for Building Approval are to comply with the following requirements.
                      a.       The rear of the proposed shop is to be redesigned so that a minimum clearance of 2.0
                               metres is provided to the existing tree unless approved by the Shire Planner. Such
                               approval will not be granted unless a report from a suitably qualified person indicates
                               that a lesser setback would not put the life of the tree at an unreasonable risk.
               3.     Payment to Council of $50,000 in lieu of five (5) off-street car parking spaces, prior to issue
                      of Building Approval.
               4.     There is to be no detrimental effect upon the amenity of neighbourhood by reason of the
                      creation of excessive noise, lighting nuisance of other emissions.
               5.     Construction work and other associated activities are permitted only during the hours of 7.
                      00 am. to 6 .00 pm. Monday to Saturday. No work is permitted on public holidays, except
                      where extended hours are approved by the Building Surveyor
               6.     Any advertising sign or device is to comply with the provisions of the Noosa Design Manual.
               7.     Payment of contributions in accordance with Council's Policy on Water Supply and
                      Sewerage Headworks, current at the time of Building Approval. An estimate only of the
                      charges as at September, 1991 under the current policy is as follows:-
                      Water Supply - $3,964
                      Sewerage             -$1,783
                      Total:           -   $5,747
                      Please note that the headworks charges will alter in accordance with Price Index variations
                      or if any amendment is made to Council's policy.
                      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.
               8.     Payment of $1,260 in contributions towards roadworks and landscaping in accordance with
                      Council's draft Hastings Street development control plan.
               9.     The developer shall bear the cost of alteration of any public utility or other facilities
                      necessitated by the development of the land or associated construction works external to
                      the site.
               10.    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.
               11.    Roof and surface water is to be collected on site and is to be discharged through a single
                      underground drain line into existing drainage in Hastings Street to the satisfaction of the
                      Shire Engineer.
               12.    Submission of two sets of 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.
               13.    Provision of an imperviously paved and drained area to be drained to Council’s sewer to
                      accommodate all refuse containers to the reasonable satisfaction of Council’s Health



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                      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 are to be located in the vicinity of the refuse container area
               14.    Any flat or unit intended to be let out for fee or reward is to be licensed annually with
                      council’s Health Department in accordance with the provisions of Chapter 43 of Council’s
                      By-Laws prior to such letting.
               15.    The footpath and setback areas are to be kept clear of goods, signs and street furniture
                      not approved by Council.
               16.    Submission of a cash bon or trading bank guarantee to the sum of $5,000 to secure
                      performance of conditions, prior to the issue of Building Approval. The cash bond or trading
                      bank guarantee will be returned upon performance of the conditions of approval.
               17.    The provisions of this approval are to be effected, prior to the commencement of the
                      approved use. Council reserves the right to call upon the bond or guaranteed sum referred
                      to in this approval for the purposes of litigation should the use not be conducted in
                      accordance with this approval.
               18.    The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
                      Government (Planning and Environment) Act if commencement of erection or works have
                      not been made in accordance with that Permit or the rights conferred by that Permit are
                      not exercised within two ( 2) years of the date of issue of the Permit
               Additional Conditions – 14 September 2018 and as amended 20 June 2023
                      Approved Plans
               19.    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

                        Option A - Entertainment and dining business type 1 – food and beverages on the
                        lower floor and dwelling unit on the upper floor

                        1.0              P3     Site Plan, prepared by Skale Building Design       22/8/18

                        1.1              P3     Floor Plan: Ground Floor, prepared by Skale 22/8/18
                                                Building Design

                        A.02                    Master Plan, prepared by Zest Building Design      Not provided

                        1.2              P3     Floor Plan: Ground Floor, prepared by Skale 22/8/18
                                                Building Design

                        1.3              P3     Roof Plan, prepared by Skale Building Design       22/8/18

                        2.1              P3     Northern Elevation & Eastern           Elevation, 22/8/18
                                                prepared by Skale Building Design

                        2.2              P3     Southern Elevation & Western Elevation, 22/8/18
                                                prepared by Skale Building Design

                        3.1              P3     Section A, prepared by Skale Building Design       22/8/18

                        Option B - Entertainment and dining business type 1 – food and beverages on both
                        the lower and upper floors.




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                        20184339          A      Proposed Floor Plan (1) prepared by Crane 13/03/2023
                                                 Investments Noosa Pty Ltd

                        20184339          A      Proposed Floor Plan (2) prepared by Crane 13/03/2023
                                                 Investments Noosa Pty Ltd

                      Nature and Extent of Use
               20.    Option A - the Entertainment and Dining Business Type 1 – food and beverages must be
                      used on the lower floor only and a dwelling unit on the upper floor and the Entertainment
                      and dining business type 1 must not exceed 90m² GFA.
               21.    Option A - the upper floor dwelling unit external built form materials must be in accordance
                      with the detail on the approved plans 1 including glass balustrading to the front, solid side
                      balustrades to a maximum of 1m high with cover battens and screening devices.
               Additional Conditions 17 March 2020
                      Nature and Extent of Use
               22.    Option B - the Entertainment and dining business type 1 must be used on both the lower
                      floor and the upper floor and the total Use Area must not exceed 80m² (lower floor 40m²
                      and upper floor 40m²).
                      Noise
               23.    The approved Entertainment and dining business type 1 food and beverages must not
                      operate outside the hours of:
                      a.      6am to 10pm Sunday to Thursday; and
                      b.      6am to 12 midnight Friday and Saturday.
               24.    Entertainers or speakers used to amplify noise must not be located in any outdoor,
                      verandah or patio areas of the premises.
               25.    All amplified noise at the premises must be conducted through a sound limiting device at
                      all times.
               26.    The sound limiting device is to have a locking mechanism, which is to be locked at all times
                      except for inspection or maintenance work on the device.
               27.    Access to the sound limiting device, except for maintenance work, is restricted to the
                      licensee, nominee and the person in charge of the premises at any time.
               28.    The Entertainment and dining business type 1 food & beverages 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
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

                      Infrastructure Charges - 14 September 2018
               1.     This Change to an Existing Approval dated will trigger an “Infrastructure Charge Notice” to
                      be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning
                      legislation and regulations current at the time of issue.


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                      Infrastructure Charges – 17 March 2020
               2.     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
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Building Works           All Building Works

               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.


               Yours faithfully
               Tara Norley



               Development Planner

               Enc:   Appeal Rights
                      Approved Plans/Documents



               cc.    Unitywater




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Page 6

               DECISION NOTICE HISTORY
               •   Original Decision Notice – 26 February 1992

               •   Decision Notice – Minor - 51991.652.02 – 14 September 2018, include additional conditions 19, 20 & 21.

               •   Decision Notice - Minor – 51991.652.03 – 17 March 2020, with an amendment to conditions 19, 20 & 21, and additional conditions
                   22, 23, 24, 25, 26, 27 & 28.

               •   Decision Notice - Minor – 51991.652.04 – 20 June 2023, with an amendment to the Approval Description and amend condition 19.




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Page 7

                                                                              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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Document Set ID: 22455901
Version: 6, Version Date: 27/06/2023

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