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Appendix 1 Show Cause Notice
Officer: Michael Cantori
Direct Telephone: 5329-6235
Our Reference: COM22/0389
Email: [email protected]
17 January 2023
Crane Investments Noosa Pty Ltd
PO Box 527
NOOSA HEADS QLD 4567
[email protected]
[email protected]
Dear Sir/Madam,
Show Cause Notice
Planning Act 2016
Council has previously written to you concerning the property at 180/6 Hastings Street, Noosa
Heads operating in breach of the development approval conditions.
Your response has not satisfactorily resolved the matter and you have provided no timeframes
for resolution.
Therefore, Council proposes to issue an Enforcement Notice to you under the Act for the
reasons outlined in Section 3 of this Show Cause Notice, unless sufficient cause is shown by
the time stated in Section 4 of this Show Cause Notice, as to why that action should not be
taken.
1. THIS SHOW CAUSE NOTICE IS ISSUED TO
Name: Crane Investments Noosa Pty Ltd
Address: PO Box 527 Noosa Heads QLD 4567
2. CONCERNING PREMISES AT
Street Address: 180/6 Hastings Street, Noosa Heads QLD 4567
Real Property Description: Lot 30 BUP 12150
Property No. 131202
Owner/s: Crane Investments Noosa Pty Ltd
3. REASONS FOR AN ENFORCEMENT NOTICE
On 18 March 2020, development approval 51991.652.03 - TPC2409 was issued for a Shop at
180/6 Hastings Street Noosa Heads.
The development approval requires the use to operate in accordance with conditions of
approval including the following condition 19 which states:
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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Additional Plans 17 March 2020
Option B - Entertainment and dining business type 1 – food and beverages on
both the lower and upper floors.
Proposed Floor Plan, prepared by 17/03/2020
Unknown as annotated by Council
018891 A Minor change application – Extension to December
existing restaurant – additional upper 2019
level dining area, prepared by Unknown
Inspection of the premises by Council officers found that the property does not comply with
the approved plans as the stairs at the rear have not been completed and the front awning
differs from the approved plans. It should also be noted that the inside of level 2 does not
comply with the approved conditions or plans and no building approval has been finalised for
any works.
Therefore, the use is currently operating in breach of the Noosa Plan and the Planning Act
2016.
Accordingly, Council contends that you have committed (and continue to commit) an offence
for which it may prosecute you. You are invited to show cause why an Enforcement Notice
should not be issued under Section 168 of the Act. The maximum penalty for such offences is
4,500 penalty units.
If you do not show cause, Council through an Enforcement Notice, may require you to take
action set out in Section 168(2) of the Act, including (but not limited to):
1. Lodge a change application to the existing development approval to seek
approval for the works which are not consistent with the most recent planning
approval, (51991.652.03 - TPC 2409) issued on 18 March 2020, and then obtain
appropriate building approval/certification to finalise all works.
2. Comply with the conditions (approved plans) of the approval TPC 2409 dated 18
March 2020 and obtain building approval to finalise the works.
If you wish to avoid immediate prosecution, or service of an Enforcement Notice you MUST
make representations as detailed in Part 4 of this Notice within the specified time.
4. REPRESENTATIONS CONCERNING THIS SHOW CAUSE NOTICE
You may make representations to show cause why an Enforcement Notice should not be
given.
These representations should be made in writing and signed by the person to whom this Show
Cause Notice is issued.
The representations must be made by Tuesday 21 February 2023 and sent to:
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Attention: [email protected]
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Should you have any further queries in relation to the above, please contact me on the above
number.
Yours faithfully
Patrick Murphy
Acting Manager Development Assessment.
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