Skip to the record
Accept no substitutions.

Original source · versioned page text

210319_approval

Attached to the e-mail RE Operational works application for 41 Sunshine Beach Road MCU 20 0136.msg.

of 17

Page text read automatically using OCR, there may be inaccuracies

Noosa Council documents




                                                              Officer:            Patrick Murphy
                                                              Direct Telephone:   07 5329 6436
                                                              Our Reference:      MCU20/0136 :
                                                              Your Reference:     n/a

               18 March 2021


               BDH Group Investments P/L
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary St
               NOOSAVILLE QLD 4566

               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 11 March 2021, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU20/0136

                   Street address:              Noosa Mode 41 Sunshine Beach Road, Noosa Heads QLD 4567

                   Real property description:   BUP3943

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
                      Development Permit for Material Change of Use – Food and Drink Outlet, Office and Shops
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

               PLANNING
                       When Conditions must be Complied With
               1.      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
               2.      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.


                                                PO Box 141                 P. (07) 5329 6500       [email protected]
                                                TEWANTIN QLD 4565          F. (07) 5329 6501       www.noosa.qld.gov.au
                                                                                                                Page 1 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                        Print Date: 18 March 2021, 4:14 PM

Log in to download the original (210319_approval.pdf)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 16 pages

Page 2

Noosa Council documents




                           Plan No.           Rev.    Plan/Document Name                            Date

                           SD 01              -       Schematic Design Ground Floor Plan 02/11/2020
                                                      prepared by Tim Ditchfield Architects – As
                                                      annotated by Council

                           SD 02              -       Schematic Design First Floor Plan prepared 02/11/2020
                                                      by Tim Ditchfield Architects – As annotated
                                                      by Council – As annotated by Council.

                           SD 03              A       Schematic Design Roof Plan prepared by 29/01/2021
                                                      Tim Ditchfield Architects – As annotated by
                                                      Council.

                           SD 04              -       Schematic Design Sections Plan prepared 02/11/2020
                                                      by Tim Ditchfield Architects – As annotated
                                                      by Council.

                           SD 05              A       Schematic    Design     Elevations    Plan 29/01/2021
                                                      prepared by Tim Ditchfield Architects – As
                                                      annotated by Council.

                           SD 06              A       Schematic    Design     Elevations    Plan 29/01/2021
                                                      prepared by Tim Ditchfield Architects – As
                                                      annotated by Council

                      Currency Period
               3.     The Currency Period for this development approval lapses if the use has not happened by
                      the expiry of 6 years from the commencement of this approval, unless an application to
                      extend the currency period is approved by Council.
                      Performance Bond
               4.     Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 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. 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.
                      Nature and Extent of Approved Use
               5.     This approval is for a total of 425m2 of gross floor area, as depicted on the Approved Plans,
                      for the following uses:
                      a.      Food and Drink Outlet: 70m2 of gross floor area
                      b.      Shop: 55m2 of gross floor area
                      c.      Office: 300m2 of gross floor area
               6.     The Food and Drink Outlet use must not operate outside the hours of:
                      a.      6am to 10pm Sunday to Thursday and public holidays
                      b.      6am to 12am Friday and Saturday
               7.     Any live music must be contained within an enclosed acoustically treated environment.
               8.     Acoustic live music (not reliant on electric or electronic equipment) must cease to operate in
                      outdoor spaces by:
                      a.      9:00pm Sunday – Thursday and public holidays


                                                                                                       Page 2 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                               Print Date: 18 March 2021, 4:14 PM

Page 3

Noosa Council documents




                      b.      10:00pm Friday and Saturday
               9.     Amplified live music must cease to operate in an outdoor space by 7:00pm seven days per
                      week
               10.    Service vehicle movements associated with the approved use (including loading and
                      unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
                      all on Sundays or public holidays.
               11.    The approved uses and associated activities must not result in environmental nuisances
                      such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or
                      surrounding uses.
               12.    The requirements of this decision notice must be included in the Community Management
                      Statement for any body corporate for the subject site.
                      Building Appearance
               13.    The exterior of the proposed building shall be treated to create visual interest using a variety
                      of colour, texture and materials including but not limited to glass, painted or plain concrete,
                      natural rock, rendered blockwork, aluminium battening and stained timber.
               14.    Any exterior façade where plain concrete is used must be painted or otherwise sealed to
                      prevent staining and mitigate against graffiti.
               15.    Ground floor shopfront glazing proposed along the Sunshine Beach Road and Berrima Row
                      frontages must be fully transparent to allow passive surveillance and encourage social
                      interaction, and must be provided in accordance with the approved plans.
               16.    Any security screens on the premises consist of grille or translucent screens and not solid
                      shutters, screens or roller-doors.
               17.    All mechanical equipment and other service infrastructure located on the site must be:
                      a.      located not less than 2 metres from a property boundary;
                      b.      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.
               18.    All parts of the building, with the exception of the awning, must be entirely contained within
                      the lot boundaries.
                      Building Height
               19.    The maximum height of the development must not exceed the height above the finished
                      ground level and the natural ground level indicated on the approved plans.
                      Landscaping
               20.    The site must be landscaped generally in accordance with an Operational Works permit.
               21.    Any landscaping in the road reserve must be in accordance with an Operational Works
                      approval.
               22.    All trees identified for retention in the Berrima Row road reserve must retained.
               23.    Construction methods must be supported by an arborist report and endorsed as part of an
                      Operational Works approval.
                      Street Identification
               24.    The street address of the development must be clearly visible and discernible from the
                      primary frontage of the site by the provision of a street number and, where appropriate, the
                      building name.




                                                                                                        Page 3 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                Print Date: 18 March 2021, 4:14 PM

Page 4

Noosa Council documents




                      Water & Sewer Connections
               25.    An underground connection to reticulated water and sewerage must be provided to the
                      development site in accordance with the standards and requirements of Northern SEQ
                      Distributor–Retailer Authority (Unitywater).
               26.    A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
                      must be submitted to Council that certifies an underground connection to reticulated water
                      and sewerage has been provided to the development site.
                      Weather Protection
               27.    Street awnings must be provided along the full length of the Sunshine Beach Road and
                      Berrima Row frontages as shown on the approved plans. The awnings must have a minimum
                      width of 3.2 metres from the building line unless otherwise approved, and must be designed
                      to provide continuous solar and rain protection and promote all weather activity.
                      Public Safety
               28.    All ground floor shopfront glazing must be protected against vandalism by the use of a form
                      of safety glass such as toughened or laminated glass.
               29.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                      stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
                      intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
                      Lighting must be designed to reduce the contrast between shadows and well lit areas. In
                      particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
                      parking and bin storage area.
               30.    After hours access to loading docks, storage areas and the basement carpark (including the
                      vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
                      other suitably appropriate means. The basement carpark must be kept closed and locked at
                      all times while the use is not operating.
                      Community Management Statement
               31.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               32.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice.
                      Site Access and Driveways
               33.    A sealed access driveway must be provided from Berrima Row 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.      a driveway crossover generally in accordance Council’s standard drawing RS-051and
                              respective addendum;
                      b.      a driveway crossover generally in accordance with SCG’s plan 30292-C2, titled
                              “Driveway Access Plan”, dated November 2020;
                      c.      suitable safety measures, including warning signage, to improve driver awareness of
                              pedestrians and enhance pedestrian safety. Warning signage must be provided near
                              the exit ramp from the underground parking area to warn motorists of pedestrian
                              movement along the frontage street;
                      d.      the footpath’s section of the driveway must be the same colour as the existing footpath
                              (i.e. terracotta or similar).




                                                                                                            Page 4 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                    Print Date: 18 March 2021, 4:14 PM

Page 5

Noosa Council documents




                      Car Parking
               34.    A minimum of 9 car parking spaces must be provided and marked on the site. The works
                      must be undertaken in accordance with an Operational Works approval and must include in
                      particular:
                      a.      4 staff parking spaces within the total, which are clearly marked for that purpose
                      b.       1 disabled parking space within the total
                      c.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities
               35.    All car 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.
                      Security Access to Carpark
               36.    Where access to the carpark is proposed to be restricted by a security gate, provision must
                      be made for queuing of vehicles clear of the roadway while waiting for the security gate to
                      open.
                      Pedestrian and Bicycle Facilities
               37.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a.      adequate separation of all specific pedestrian routes from vehicle access and
                              manoeuvring areas, and clear demarcation by pavement marking, signposts or
                              changes in surface materials or levels
                      b.      signage and lighting at strategic locations to direct people to building entries;
                      c.      a total of 6 bicycle parking spaces
                      d.      end of trip facilities involving 4 lockers, at least 1 male and female showers and change
                              rooms.
                      Stormwater Drainage
               38.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with an Operational Works
                      approval and generally in accordance with SCG’s plan 30292-C4, Rev A, titled “Stormwater
                      Management Plan”, dated 18/01/2021.
                      Services
               39.    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.
               40.    Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater) which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.
                      Easements
               41.    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.
               42.    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.
               43.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.



                                                                                                           Page 5 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                   Print Date: 18 March 2021, 4:14 PM

Page 6

Noosa Council documents




                      Earthworks and Retaining Walls
               44.    All fill and associated batters must be undertaken in accordance with an Operational Works
                      approval, and contained entirely within the subject site unless written permission from the
                      respective landowner(s) is provided to Council.
               45.    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
               46.    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:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      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.
                      Demolition Works
                      Performance Bond
               47.    Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
                      be submitted to Council prior to the issue of a Development Permit for Building Works for
                      demolition, to secure the demolition conditions of this approval. The cash bond or trading
                      bank guarantee will be returned on performance of the demolition conditions of this approval
                      less any costs incurred by Council in respect of enforcing performance of these demolition
                      conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
                      compliance with conditions.
               48.    Demolition must be undertaken in a manner that causes no detrimental effect upon the
                      amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
                      hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
                      in accordance with the nuisance provisions of the Environmental Protection Act 1994.
                      Waste management
               49.    A Waste Management Plan (demolition) must be submitted in accordance with Planning
                      Scheme Policy PSP9 - Waste Management 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:
                      a.      The areas for the storage and separation of waste shown on a site plan;
                      b.      A waste management table as indicated below is to be completed showing how waste
                              material is to be segregated - recycled – reused or disposed; and
                      c.      Table – Waste Management Table




                                                                                                        Page 6 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                              Print Date: 18 March 2021, 4:14 PM

Page 7

Noosa Council documents




                          MATERIALS ON-SITE                                   DESTINATION
                                                                  Re-use and Recycling                      Disposal
                          Expected waste    Estimated  On-site                 Off-site                *specify contractor
                          materials         volume(m³) *specify     proposed   *specify contractor     and landfill site or
                                                         re-use or on-site     and recycling outlet    other disposal site
                                                         recycling methods
                          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.
                      Damage to infrastructure
               50.    Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
                      bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
                      Vacant site
               51.    The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
                      and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
                      landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the
                      satisfaction of Council so as to not cause nuisance to the surrounding area.
               52.    All waste materials must be removed from site.
                      Litter, erosion and sediment control
               53.    Litter, erosion and sediment control measures must be installed and maintained until soils
                      are stabilised by turf, vegetation or sealed.
                      Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
                      allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
                      system (e.g. roadside gutter).
                      Asbestos
               54.    Removal of building materials containing asbestos must be undertaken by a licensed
                      asbestos removalist.
               55.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
                      requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                      Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
                      commences. Notification must be made using Form 65: Notification of licensed asbestos
                      removal work, demolition work or emergency demolition.
               56.    All building materials containing asbestos products are wrapped and disposed of in
                      accordance with the Public Health Regulation 2006 and the Environmental Protection
                      Regulation 2008.
                      Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
                      businesses that transport asbestos waste, and landfills that accept this waste.




                                                                                                          Page 7 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                  Print Date: 18 March 2021, 4:14 PM

Page 8

Noosa Council documents




               57.    All building materials containing asbestos, including asbestos cement sheeting or roofing and
                      lagging are removed from the building prior to demolition/relocation.
                      Plumbing and Drainage
               58.    It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
                      demolition of a building, the existing sanitary drain upstream from the connection point for a
                      service provider’s sewerage system must be sealed water tight. This work is deemed as
                      notifiable Work and must be carried out by a suitably licenced plumber who must submit an
                      As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
                      Construction Commission) within 10 days of completing the work.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     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
               1.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
               Development Compliance Inspection
               2.     Prior to the commencement of the use, please contact Council's DA Planning Section to
                      arrange a Development Compliance Inspection.
               Nature and Extent of Approved Development
               3.     The assessment of this development was based on a proposal having a gross floor area of
                      425m2, as depicted on the Approved Plans.
               Advertising Devices
               4.     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.
               Sustainability
               5.     In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
                      design for residential and commercial development. Council encourages the use of
                      sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
                      (including the use of inverter/charges), water saving devices and rainwater harvesting. For
                      further information go to http://www.noosa.qld.gov.au/sustainable-homes
               Co-ordination of Operational Works Assessment
               6.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.




                                                                                                            Page 8 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                    Print Date: 18 March 2021, 4:14 PM

Page 9

Noosa Council documents




               Preparation of a Preliminary Construction Management Plan
               7.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      traffic management during all aspects of the construction phase including:
                              i.       a Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction;
                              i.       maintenance of safe pedestrian access for the areas affected by the works during
                                       and after daily construction has ceased;
                              ii.      proposed fencing to the site during the construction phase of the development;
                              iii.     provision for worker car parking.
                      b.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures;
                      c.      works programme identifying key components of the works and their respective
                              durations;
                      d.      establishment of a communication protocol with the general public, adjoining owners,
                              emergency services and local businesses to advise of agreed construction times,
                              impacts on traffic, services and other relevant issues.
                      e.      Include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details;
                      f.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details;
                      g.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager;
                              ii.      dispute resolution procedures.
                      h.      t is acknowledged that the preliminary Construction Management Plan will be a draft
                              document requiring finalisation upon appointment of the Principal Contractor employed
                              to construct the works and a final document will be required to be submitted at the Pre-
                              Start Meeting for the project.
               Infrastructure Charges
               8.     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.




                                                                                                          Page 9 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                  Print Date: 18 March 2021, 4:14 PM

Page 10

Noosa Council documents




               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required             Subject of the required Development Permit

                Development Permit for Operational Works        Frontage    Works,     Carparking,    Access,
                                                                Stormwater, Earthworks & Landscaping,

                Development Permit for Building Works           All building work.

               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.
               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.
               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,




               Patrick Murphy
               Coordinator Planning



               Enc:   Appeal Rights
                      Approved Plans/Documents
               cc.    Unitywater




                                                                                                     Page 10 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                              Print Date: 18 March 2021, 4:14 PM

Page 11

Noosa Council documents




                                                                              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.




                                                                                                                                                 Page 11 of 11
Document Set ID: 21417355
Version: 6, Version Date: 18/03/2021                                                                                                         Print Date: 18 March 2021, 4:14 PM

Page 12

Noosa Council documents

                                                                 -
                                                         NOOSA COUNCIL
                                                         APPROVED PLAN
                                                     MCU20/0136 11 MAR 2021
                                                      As annotated by Council




                                                 -
                                       WORKS WITHIN THE ROAD
                                        RESERVE DO NOT FORM
                                       PART OF THIS APPROVAL




Document Set ID: 21417374
Version: 3,
         1, Version Date: 18/03/2021
                          12/03/2021                          Print Date: 18 March 2021, 4:14 PM

Page 13

Noosa Council documents

                                                                                                                                                                                                                                 -
                                                                                                                                                                                                                     NOOSA COUNCIL

                                                           PUBue,
                                                                                                                                                                                                                     APPROVED PLAN
                                                                                                                                                                                                                 MCU20/0136 11 MAR 2021
                                                                                                                                                                                                                  As Annotated by Council
                                                          CAfl.JI�




                                                                                                                                                                                                             -
                                                                                                                                                                                                  WORKS WITHIN THE ROAD
                                                                                                                                                                                                   RESERVE DO NOT FORM
                                                                                                                                                                                                  PART OF THIS APPROVAL




                                                                                              \/Ott>




                                                                    A
                                                                                                                          ON




                                                                                                               I      f        VOlD




                                                                                                                                      .,. '
                                                                                                                                              v'




                                                                                                                                                                                                                     0    1      2      3              Sm

                                                                                                                                                                                                                     Scale 1 : 100@A2


                                                         po box 603 noosa heao� q:6 AS67                                                           issue     date     details                     drawing                                   proj no.
                                                         oh 07 5455 d$08                                                                                   05/08/20
                                                                                                                                                           02/11/20
                                                                                                                                                                      for client comments
                                                                                                                                                                      for pre-lodgment response
                                                                                                                                                                                                  schematic design                          2011
                                                         ema,I [email protected]

                                                         ;,!,n   ss 114 "69 39.5                                                                                                                  first floor plan                          dwg no.
                                                                                           roup Investments Pty Ltd
             TIM       DITCH           IELD ARCHITECTS                                                                                                                                                                                      SD 02
Document Set ID: 21417374
Version: 3,
         1, Version Date: 18/03/2021
                          12/03/2021                                                                                                                                                                                          Print Date: 18 March 2021, 4:14 PM

Page 14

Noosa Council documents                                         -
                                                         NOOSA COUNCIL
                                                         APPROVED PLAN
                                                     MCU20/0136 11 MAR 2021
                                                      As annotated by Council




                                                 -
                                       WORKS WITHIN THE ROAD
                                        RESERVE DO NOT FORM
                                       PART OF THIS APPROVAL




Document Set ID: 21417374
                  21390913
Version: 3,
         1, Version Date: 18/03/2021
                          10/02/2021                            Print Date: 18 March 2021, 4:14 PM

Page 15

Noosa Council documents

                                                                                                                                                                                                                                                                                           -
                                                                                                                                                                                                                                                                           NOOSA COUNCIL
                                                                                                                                                                                                                                                                           APPROVED PLAN
                                                                                                                                                                              + 2- o
                                                                                                                                                                                           i                                                                           MCU20/0136 11 MAR 2021

                                                                                                                                                                                           1                                                                            As annotated by Council


                                                                                                                                                                                       I




                                                                                                                                                                                                                    � f-----41----------------------
                                                                                                                                                                                                                                   +
                                                                                                                0
                                                                                                                                                                                                                                   l\J
                                                                                                                a--
                                                                                                                                                          ...   "'    \,. r




                                                                                                                                                      l         • '




                                                                                 560TION                              AA
                                                                                                                                                                                                                                                                       -
                                                                                                                                                                                                                                                             WORKS WITHIN THE ROAD
                                                                                                                                                                                                                                                              RESERVE DO NOT FORM
                                                                                                                                                                                                                                                             PART OF THIS APPROVAL




                                                                                                                                                                                           k Z•o L
                                                                                                                                                                                           1      1
                                                                                                                                             ------




                                                   t-.18W FAUi
                                       PUBUt.,
                                                   '91()\@
                                                   �u.,
                                       vAU'Allk:
                                                                                                                                                                                                                                                        0-
                                                                                                                                                                                                                                    ti\




                                                                                                                                                                                                                                                                  �- 15. ROAt>
                                                                                                                                                                                                                                              FFlZZ·I



                                                                                                                      gg
                                                                                                                                                                                                                                                                           0    1      2       3              Sm

                                                                                                                                                                                                                                                                           Scale 1 : 100@A2




                                                                                                                                             0
                                                                 po box G'.l3 m;,osa heads qtr- �567   project                                                                                 issue     date     details                               drawing                                    proj no.
                                                                                                       commercial development                                                                          05/08/20   for client comments
                                                                 ph 07 SASS 4808
                                                                                                       41 Sunshine Beach Road, Noosa Heads                                                             02/11/20   for pre-lodgment response
                                                                                                                                                                                                                                                        schematic design                           2011
                                                                 ema•I ';lud•o@:.darc.<:om.au

                                                                 abn ss 114 A69 395                    client                                                                                                                                           sections plan                              dwg no.
           TIM       DITCH
Document Set ID: 21417374
                                       IELD   ARCHITECTS         reg no 002,ss                         BDH Group Investments Pty Ltd
                                                                                                                                                                                                                                                                                                   SD 04
Version: 3,
         1, Version Date: 18/03/2021
                          12/03/2021                                                                                                                                                                                                                                                  Print Date: 18 March 2021, 4:14 PM


[OCR of page images]
Noosa Council documents

 

NOOSA COUNCIL
APPROVED PLAN
MCU20/0136 11 MAR 2021
As annotated by Council

 

 

 

a
<
N

 

 

 

 

 

9.0 Aprhox
3-0
‘
3°65
EA
4

 

 

 

 

|
|
|

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 i ‘ ah in j a PLANTING =
EXISTING ¥ CARPARIK et PR SRDS = ney 4 we 2 BERRIMA Row
7 S a 3 i = af FEL 23 G
“] (, 7 bs what y ¢ if
{ } og ti y wf y fT BAe } 8 ro
. SELL, YE42 me LLAL}6  AdtAS CLA j } Re
d Pa
g EXisttNa OFELE
| WORKS WITHIN THE ROAD
RESERVE DO NOT FORM
PART OF THIS APPROVAL
+ 2-0 4.0 |
ee a — >
Fae ens eae UE
——— AT OTE = 7 ee thre ‘|
Wen sawseene| Plame. |WIN | § WHE I . a .
PuBuE we Se : <i ao " HTT Hit Roor 0 g
| CARPARK. | Pn age goiter an AORTA ALL \, PRL 2 red
as a ie - z : = fe = 5 i — a, Se ———-
Rant i it =e ~
Ww TT ih ) || aL! i o-
7 a = it i AE 7 i . “
‘ i st 2 EF q 8 7 f Le f 9
Ay ‘ rll fl LOBEY || ,, m FR 23-6
sass zi : HH rn
LTT OL v0 &| © . S. 6. ROAD
Fz E / f L Sf) / - ‘ \ ‘ i Ses Re: \ Se Nee oa om zl FL 2 é |
| f PY Tf 4 seal 77 ¢ TP ar — Ce , if if 7. 7 ,
jaaeeita 77 rrr RPT Z PERLTOO LET PTT TC)
CARPA GIA. oRFice \UDINZ .
0 1 2 3 5m
i eS
Scale 1: 100 @ A2
PORR aie padsaherdsGhoe7 project iallaawal " issue date details drawing proj no.
ate ain commercial developmen PEED ] . :
dy . i “ — —— 41 Sunshine Beach Road, Noosa Heads aes i Fao aregaien schematic design 20
abn 26 14 489 395 client sections plan dwg no.
TIM DITCHFIELD ARCHITECTS reg no 002195 BDH Group Investments Pty Ltd SD 04
Documént.SetID:21417374.

 

 

 

 

Version: 3, Version Date: 18/03/2021 Print Date: 18 March 2021, 4:14 PM

Page 16

Noosa Council documents                               -
                                             NOOSA COUNCIL
                                             APPROVED PLAN
                                         MCU20/0136 11 MAR 2021
                                          As annotated by Council




                                                  -
                                       WORKS WITHIN THE ROAD
                                        RESERVE DO NOT FORM
                                       PART OF THIS APPROVAL




Document Set ID: 21417374
                  21390913
Version: 3,
         1, Version Date: 18/03/2021
                          10/02/2021                  Print Date: 18 March 2021, 4:14 PM

Page 17

Noosa Council documents                                     -
                                                     NOOSA COUNCIL
                                                     APPROVED PLAN
                                                 MCU20/0136 11 MAR 2021
                                                  As annotated by Council




                                                 -
                                       WORKS WITHIN THE ROAD
                                        RESERVE DO NOT FORM
                                       PART OF THIS APPROVAL




Document Set ID: 21417374
                  21390913
Version: 3,
         1, Version Date: 18/03/2021
                          10/02/2021                       Print Date: 18 March 2021, 4:14 PM

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.