MCU14/0082.01 - Change to an Existing Approval Notice

Officer:	Denis Wallace
Direct Telephone:	07 53296239
Our Reference:	MCU14/0082.01
Your Reference:	N/A
4 November 2015

Noosa Men's Shed
C/- Mr Stefan Prystupa
PO Box 233
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir

Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval on. On 3 November  2015, Council decided your requested changes.
Details of the decision are as follows:
application details
Application No:	MCU14/0082.01
Street Address:	Wallum Lane NOOSA HEADS  QLD  4567
Real Property Description:	Lot 17 SP 239726
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on .27 November 2014 decided to issue the following type of approval:
Development Permit for Material Change of Use of Premises - Wellbeing Type 2 - Social (Noosa Men’s Shed)
In relation to the request to make a change to the existing approval, on 3 November 2015 Council decided approve the request and:
A.	Approve a change to Condition 2
RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
ASSESSMENT MANAGER CONDITIONS
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 Plans
Change Condition 2 to include the amended/additional approved plans, to read as follows:
Condition 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.

Plan No.	Rev.	Plan Name	Date
Sheet 1	_	Noosa Mens Shed, Rotary Lane, Noosa Heads prepared by Tod Consulting Engineers	_
Sheet 2	_	Proposed Noosa Heads Mens Shed Rotary Lane, Noosa Heads “Site Works Plan” [As Amended and submitted with change application MCU14/0082.01] , prepared by Tod Consulting Engineers	_
Sheet 3	_	Building For: Mens Shed JHohn Williams, Wallum Lane, Noosa Heads prepared by Tod Consulting Engineers	_
Page 4	-	Proposed Workshop Alterations (EB2) prepared by Tod Consulting Engineers	29/9/2014
Page 1	-	New Ex-Army Building For Noosa Men’s Shed	-

General
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.
Car Parking
Sufficient car parking spaces to service the development must be provided and marked on the site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798:
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
REFERRAL AGENCIES
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 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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
Infrastructure Charges – 3 November 2015
Change to an Existing Approval will trigger an “Infrastructure Charges Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).
PROPERTY NOTES
Not Applicable.
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Work (All building works)
SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with:
Advertising Devices Code
SUBMISSIONS
Not Applicable.
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.
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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

DENIS WALLACE
SENIOR DEVELOPMENT PLANNER

Encl. 	Infrastructure Charge Notice
Approved Plans/Documents
Appeal Rights

cc	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice 27 November 2014
Changes to an Existing Approval 3 November 2015 with Change to Condition 2 to include the amended/additional approved plans

	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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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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