MCU13-0093.01 Change to Existing Approval · MCU13/0093.01

Officer:	Glen Conforti
Direct Telephone:	5329 6241
Fax:	5329 6501
Our Reference:	GCONFORTI:MCU13/0093.01
Your Reference:	00693 & 01606
4 August 2014

Ken Morrison Qld Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 1 August 2014, Council decided your requested changes.

Details of the decision are as follows:
APPLICATION DETAILS

Application No:	MCU13/0093.01
Street Address:	The Noosa Gallery 2/50 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	Lot 2 SP 108800
Planning Scheme:	The Noosa Plan (16 September 2013)

DECISION DETAILS

Council on 26 July 2013  decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Entertaining & Dining Business Type 1 Food & Beverages (Restaurant)

In relation to the request to make a change to the existing approval, Council on 1 August 2014 decided to:
A.	Approve a change to Condition 2.
B.	Include additional Condition 8.
C.	Delete Item 6 – list of Approved Plans.

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 30 July 2013, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

ASSESSMENT MANAGER CONDITIONS

PLANNING
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 Plan
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 Name	Date
A DA 1 01	A	Proposed Plan, prepared by Paul Kelly Designs	27.06.14
A DA 1 02	A	Proposed Roof Plan, prepared by Paul Kelly Designs	27.06.14
A DA 2 01	A	Proposed Elevation, prepared by Paul Kelly Designs	27.06.14
A DA 2 02	A	Proposed Perspective, prepared by Paul Kelly Designs	27.06.14
Nature and Extent of Approved Use
The outdoor dining area must be located in accordance with the approved site plan listed within this Decision Notice.
The approved use must not operate outside the hours of 7am to 12pm Monday to Sunday.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 7pm.
Planter boxes equivalent to 2m² must be provided to the front boundary between the existing ramp and the eastern boundary. The planter boxes must be contained wholly within the property.
Temporary umbrellas proposed to Hastings Street boundary must be of a suitable height so as not to restrict or hamper pedestrian movement on the path below.

Additional Condition 1 August 2014
The covered outdoor dining area must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.

REFERRAL AGENCIES

Not Applicable.

APPROVED PLANS

Deleted.

REFERENCED DOCUMENTS

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:

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

PROPERTY NOTES

Not Applicable.

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Work)

SELF ASSESSABLE CODES

Advertising Devices Code

SUBMISSIONS

There was 1 properly made submission about the original application.

REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice – 26 July 2013) Changes to an Existing Approval – 1 August 2014,

Yours faithfully

Glen Conforti
planning technical officer

Encl. 	Infrastructure Charge Notice]
Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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