Other Change Decision Notice - 132003.220628.1

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	132003.220628.1
Your Reference:	n/a
18 March 2022
Olaff
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE QLD  4566
[email protected]
Dear Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 14 March 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	132003.220628.1
Street address:	2/40 Duke St Sunshine Beach Qld 4567
Real property description:	SP 176872, Lot 2 SP 176872
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 16 October 2003
Development Permit for Material Change of Use – Shop, Commercial Service (Real Estate Agency) & Dwelling House
In relation to the request to make an Other Change to the existing approval, Council on 14 March 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
Amend the description of the development approval in the Decision Notice to read as:-
Material Change of Use of Premises for Shop, Commercial Service (Real Estate Agency) & Dwelling House
currency period of approval
Not Applicable

assessment manager conditions
Land Use
Deleted.
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
02181-P1/3	-	Building Elevations & Shops/Office Level Floor Plan, prepared by Barry D. Hoskin & Associates – Annotated by Council	16/10/2003
02181-P2/3	-	Floor Plans, Cross Sections & Roof Plan, prepared by Barry D. Hoskin & Associates	16/09/2003
02181-P3/3	-	A.B.F. Layouts & G.F.A Calculations, prepared by Barry D. Hoskin & Associates – Annotated by Council	15/10/2003
03150-F1/1	-	Fire Services for at Shops & Carpark Floor Levels, prepared by Barry D. Hoskin & Associates – Annotated by Council	12/03/2004
03150-A1/2	-	Caretaker’s Floor Plan & Elevations, prepared by Barry D. Hoskin & Associates – Annotated by Council	12/03/2004
03150-A2/2	-	Cross Sections, Carpark & Shops Floor Plans, prepared by Barry D. Hoskin & Associates	12/03/2004
HA-2002-C Sheet 2	-	Floor Plan, prepared by Mandy Drafting Only	09/02/2022
HA-2002-C Sheet 3	-	Elevations, prepared by Mandy Drafting Only	09/02/2022
The building shall not exceed a maximum building height of 12 metres from the finished and natural ground level pursuant to the Planning Scheme.
The development must 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 nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced by 24 July 2007, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to obtaining a Development Permit for building works.
Any deck areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). All tap ware and shower roses shall not exceed a maximum floor of 9 Vmin. Dishwashers and washing machines are excluded from this requirement.
Land Development
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Douglas Lane frontage of the site with a maximum width of 6.0 metres.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming.  Should any driveways be constructed to grades that do not comply with AS2890.1-1993, Council will require that the driveway be removed and reconstructed to levels that do comply.
All vehicles shall enter and leave the site in a forward direction.
Loading Areas
The traffic islands defining the existing private vehicle access in Duke Street as shown on Drawing Number 6089-DT1 by Lawrence and Partners shall be modified to define a combined loading zone / car park into the car parks located across the Duke Street frontage of the allotment.  The space shall operate as a Loading Zone between the hours of 8.00 am to 5.00 pm weekdays and shall be sign posted to indicate this.
The combined loading zone / carpark space and adjoining car park layout fronting the Duke Street boundary of the site shall be designed as directed by Noosa Shire Council Works Section (Contact - Ross Sanderson) and to the satisfaction of the Land Development Manager.

Carparking
Off Street
Car parking shall be provided within the site as shown on plans submitted on 15 October 2003 by Barry D. Hoskin & Associates, except as modified herein.
A minimum of thirteen (13) car park spaces shall be provided on site.
The car parking area shall be designed to comply with the provisions of AS 2890.1-1993 for user class 1 (10 spaces), class 3 (3 spaces) and class 4 (1 space) with a minimum head clearance (headroom) at any point of 2.2m.
The proposed turning area between car park space 2 and the lift well detailed on plans submitted on 15 October 2003 by Barry D. Hoskins & Associates shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
Deleted.
Car parks 1 to 6 detailed on plans submitted on 15 October 2003 by Barry D. Hoskins & Associates shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
The entire car parking area shall be drained and have a sealed pavement constructed to access road standard in accordance with Council’s Engineering Design standards.  The car park floor level shall be designed with a minimum gradient of 0.5% falling from the Douglas Lane frontage to the Duke Street frontage of the site. Plans and specifications for these works shall be submitted in conjunction with an application for a Development Permit for Operational Works.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Roadworks Contributions
Deleted.
A roadworks contribution of $64,988.00 towards the Coastal Major Road Network shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2003 until the date of payment.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Duke Street and Douglas Lane frontages of the site in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines.  Grass shall be couch, free of weeds.
A new full width paved path shall be reconstructed along the Duke Street frontage of the site in accordance with Council’s design standards and to the satisfaction of the Land Development Manager.  The design of frontage works shall be carried out in consultation with Ross Sanderson of Council’s Works Section.  Care shall be taken to protect any significant vegetation or any underground services.
The paths shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
All redundant vehicular crossings and driveways to the site shall be removed and replaced by kerb & channel and footpath paving in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.

Stormwater Drainage
All stormwater drainage shall be collected on site and discharged to Council’s street drainage system in Duke Street.  In this regard, plans shall be prepared by a Registered Professional Engineer (specialising in hydraulics and hydrology) and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s street drainage system at any one location is 25 litres/second.
To ensure that polluted run-off does not enter Council’s stormwater drainage system, stormwater run-off from the carparking areas and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior to being permitted to discharge into Council’s drainage system.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil arrestors, which shall be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
All other clean stormwater, such as roof water, can be collected on site and discharged through a single underground drain line directly into the existing drainage system, bypassing the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
No building or other structure shall be constructed or encroach over an easement.  Any building or structure within proximity of an easement or any other public utility’s underground must have its foundations designed so that no surcharge loads are imposed upon such underground infrastructure.  Foundations must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the direction of the foundation from the centreline of the closest underground service and along the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed by a registered practising Geotechnical Engineer and submitted with the application for a Development Permit for Operational Works.
Earthworks
Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
This will require the design and construction of drainage pipes within the development site that cater for drainage within the adjoining sites and in this regard a Development Permit for Operational Works shall be obtained.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Please note that prior to the commencement of any work on site all site control measures shall be installed and the approved plan adhered to.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Health
An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.  The existing area appears too small in area.
The developer shall submit to Council a Waste Management Plan for the construction phase of the development.  The Waste Management Plan is to contain the following information:
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
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) should be provided on the plan drawings accompanying your application.
Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or located in a manner which prevents a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Air conditioning units shall be located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or allow the use of the equipment -
before 7am or after 10pm on any day if it makes noise or causes noise to be made of more than the higher of the following -
40 dB(A)
3 dB(A) above the background noise level
from 7am to 7pm on any day if it makes noise or causes noise to be made of more than the lower of either of the following -
50 dB(A)
5 dB(A) above the background noise level
from 7pm to 10pm on any day if it makes noise or causes noise to be made of more than 3 dB(A) above the background noise level.
Building Services
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 or immediately thereafter. Such survey shall set out the boundaries of the site and the position of the buildings on the site.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the maximum building height above natural surface, required by the provisions of the Planning Scheme.
Additional Conditions
No fencing or wall is permitted higher than 0.7m from the car park level within 4 metres of the Douglas Street frontage of the site to ensure that adequate sight distances are provided for vehicles entering and exiting the site.  No fencing or wall is permitted along the Douglas Street frontage of the site within 0.5 metres of the property boundary.  Fences or walls shall be designed to ensure that sight distances for the access comply with Noosa Shire Council engineering standards.
The planter terrace areas shall not be used as a recreation terrace area and shall remain as planted terrace areas.
referral agencies
Not Applicable
advisory notes
The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with Council’s Code controlling food establishments for approval by Council’s Environmental Health Section, for any food premises proposed to be included in the development.  Approval is to be obtained prior to fitting out the building.
For café or restaurant the developer must provide toilets for customers and staff in accordance with the Building Code of Australia.
Separate plans are to be submitted detailing the location and outlet for any mechanical exhaust system.  The installation of any mechanical exhaust sytem is to comply with Australian Standard 1668.  The existing exhaust location does not comply with The Australian Standard 1668.
The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from making noise from:-
Monday to Saturday, before 7:00am or after 6:30pm
Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course.  On the spot fines apply for such offences.
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste.
All Trade Waste requirements including pre-treatment devices must be shown on hydraulic plans submitted to Council for approval.
Trade Waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service levy is required to be paid.  In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied.  A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
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 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,

Jada Lyons
Assistant Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 24 July 2003.
Negotiated Decision Notice – 16 October 2003; amend conditions 2, 3, 10, 18, 19, 20, 21, 23, 24 & 27, Deletion of Conditions 1, 22 & 26 and additional conditions
Compiled Decision Notice 2 April 2004 with a change to Condition 2.
Decision Notice – Other Change – 132003.220628.1 – 14 March 2022: Amend condition 2 & amend description of development permit

	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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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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