SUPERSEDED 131999.982996.1 (18247 DA) - Negotiated Decision Notice

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NOOSA COUNCIL IDAS Development Application Decision Notice

 

i 9. RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

 

I 10. ASSESSMENT MANAGER

Name: Noosa Shire Council Signature: TCLS So Date: 3/03/2000

C

 

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NOOSA COUNCIL IDAS Development Application Decision Notice 3

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MOTORS §=6Noosa Council Conditions

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

Building Services
The plans submitted for a Development Permit for building works are to comply with the approved plans.

Construction work and other associated activities are permitted only during the house of 7.00 am to 6.00 pm
Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved
by the Manager of Building.

Deleted.
Environmental Health

The applicant must provide refuse containers must be provided in accordance with requirements of the
Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of refuse to the
satisfaction of Council's Environmental Health Officer.

Approval is granted for the sale of fresh whole fruit and vegetables only.

Submission of two sets of drawn scale plans showing all display shelving and food storage in compliance
with the Food Hygiene Regulations of 1989. Approval is to be obtained prior to operating.

Fruit is to be stored in the cold room overnight.
Land Use

Development undertaken in accordance with this approval must generally comply with the approved plans of
development. The approved plans are numbered 99/822A prepared by Max Watterson & Associates and
dated 10 December 1999 and as may be amended by these conditions,

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

Approval is only granted for the sale of fresh fruit and vegetables as well as focal arts and craits.

The operator is to park their car within the Ocean Breeze complex car park, during the operation of the
approved use.

Existing trees on the site and within road reserves are to be retained.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.

At least 4 potted plants of 100 litre size are to be placed within the site adjacent to the boundary to provide a
landscaped presentation for the proposed use. . ,

All goods are to be displayed on site within the property boundaries. There is to be no display of goods on
the streets about the site.

Security in the form of a cash bond or trading bank guarantee to the sum of $500.00 must be submitted, to
secure performance of all conditions of this approval, prior to the issue of a Development Permit for building
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:-

18.1.1. the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or

18.1.2. the use of any premises pursuant to the Development Permit ceases.

Prior to the commencement of development, the developer must obtain a Development Permit for building
works. ,

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NOOSA COUNCIL IDAS Development Application Decision Notice

 

Da

eA = Appeal Rights

 

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

 

 

 

The following. is. an extrac!

 

‘om’ the’ Jnfegrated.

 

 

 

 

 

ning Act (Chapter 4).

 

 

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.1) An applicant for a development
application may appeal to the court against any of
the following-

{a) the refusai, or the refusal in part, of a
development application;

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;

(c) the decision to give a preliminary approval when
a development permit was applied for;

(d) the fength of a currency period;

(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be
started-at-any-time-after-the-last-day-a-decision-on

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits

of its jurisdiction, appeal to the court about the

giving of a development approval for a development

application if-

(a) the development application involves impact
assessment; and

({b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20
business days after the day the decision notice or
negotiated decision notice is given to the advice
agency as a submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal
to the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the currency period for an approval;

(b) a notice giving a decision on a request to make
a minor change to an approval.

(2) The appeal must be started within 20

 

the matter should have been made.
Appeals by submitters

4.1.28.(1) A submitter for a development application
may appeal to the court about-

(a) the giving of a development approval, including
any conditions (or lack of conditions) or other
provisions of the approval; or

(b) the length of a currency period for the approval.

(2) The appeal must be started within 20
business days (the “submitters appeal period”)
after the day the decision notice or negotiated
decision notice is given to the submitter.

(3) If a person withdraws a submission before
the application is decided, the person may not
appeal the decision.

{4) If an application involves both impact
assessment and code assessment, appeal rights
for submitters are available only for the part of the
application involving impact assessment.

1 Section 3.1.6 (Preliminary approval may override toca! planning
instrument}

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business days after the day the notice of the
decision is given to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(superseded planning scheme) that was assessed
as if it were an application under a superseded
planning scheme.

Division 9 - Appeals to court about other
matters

Appeals for matters arising after approval given
(no co-respondents)

4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-

(a) a notice giving a decision on a request to
change or cancel a condition of a development
approval.

(b) a notice under section 6.1.44? giving a decision
to change or cancel a condition of a
development approval.

(2) The appeal must be started within 20
business days after the day the notice of the
decision is given to the person.

2 Section 6.1.44 (Conditions may be changed or cancelted by
assessment manager or concurrence agency in certain
circumstances)