Minor Change Existing Approval MCU16/0130.01

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU16/0130.01
Your Reference:	16014
28 March 2019
Noosaville Medical & Professional Centre Pty Ltd
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 7 August 2018, requesting a minor change to an existing development approval. Council on 21 March 2019 decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU16/0130.01
Street address:	101 & 105 Eumundi Noosa Road, Noosaville Qld 4566
Real property description:	Lot 1 RP 849431 & Lot 1 RP230931
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 21 December 2017
Development Permit for Material Change of Use of Premises - Retail business Types 6 - Hardware and Retail Business Type 7 – Garden Centre
In relation to the request to make a minor change to the existing approval, Council on 21 March 2019, decided to approve the minor change and amend conditions 2, 26, 28 and 31.
currency period of approval
The currency period for this development approval is 4 years starting the day that the original development approval (MCU18/0130) took effect.
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 Plans
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/Document Name	Date
001	3	General notes & drawing schedule - Epoch Architecture	14.01.2019
200	3	Proposed Site Plan - Epoch Architecture	14.01.2019
201	3	Proposed Floor Plan – Epoch Architecture	14.01.2019
202	3	Proposed Roof Plan - Epoch Architecture	14.01.2019
300	3	Proposed Elevation - Epoch Architecture	14.01.2019
301	3	Proposed Elevation - Epoch Architecture	14.01.2019
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
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.
Water & Sewer Connections
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).
Deleted.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
a.	7am to 6pm Monday to Friday
b.	8am to 5pm Saturday to Sunday or any public holiday
Any ancillary coffee shop associated with the Garden & Lifestyle Centre use is limited to a maximum floor area of 45m2 or 10% of the floor area of the existing building, whichever is the lesser.
Any ancillary coffee shop and associated use area must be located wholly within the existing building.
The approved 462m2 outdoor display area is limited to the display of goods associated with and consistent with the approved Garden & Lifestyle Centre use.
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
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. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Building Appearance
The development must be finished with subdued external building colours.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc on site should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the premises and not exceed the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises. Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (eg. equipment, air conditioning units, motors, electrical generators, compressors, etc), a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Lighting
Light sources at the premises must be positioned and shielded to prevent light spillage outside the boundaries of the premises.
When requested by Council, a Lighting Report (LR) showing monitoring and recording of lighting levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by light emissions from the premises.  Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with the relevant Standard.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with the Standard or as otherwise directed.
Outdoor lighting associated with the premises must be designed, sited, installed and operated to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, Planning Scheme Policy 3 “Landscaping Plants and Guidelines” and properly prepared landscape plan by a qualified person* and must include in particular:
The landscaping areas shown on the approved Floor Plan (Plan No. SK02-02, dated 02/02/2017);
A minimum 3 metre wide densely planted landscaping strip to the full length of the sites frontage to Eumundi Noosa Road (excluding location for driveway and crossovers). Landscaping must provide visual buffering of the development from the road through the planting of vegetation that is in scale with the building;
A minimum 2 metre wide densely planted landscaping strip to the full length of the eastern and southern boundary. Landscaping must provide visual buffering of the development from any adjoining residential properties through selection of appropriate species achieving adequate heights; and
One x 100 litre street tree with a mature height of 4m located within the road reserve south of the existing crossover.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.

ENGINEERING
Frontage Works
Any necessary works for adjustment, reinstalment and repair to damaged concrete pathway, grassed verge, kerb line and channel must be carried out in conjunction with a Development Permit for Operational Works.
Site Access and Driveways
A sealed access driveway must be provided from Eumundi Noosa Road 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 new driveway crossover adjacent to the northern site boundary. The driveway must be in accordance with Council’s standard drawing number RS-051 and located to not interfere with the existing access to the adjoining property.
the northern driveway must be for left turn entry only.
the southern driveway must be for left turn exit only.
internal driveways between the entrance driveway, the carparking areas and the exit driveway.
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveway to warn motorists of pedestrian movement along the frontage street.
Car Parking
28.	A minimum of 24 car parking spaces must be provided and marked on the site including one parking space for people with disabilities and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a.	pedestrian routes between the carparking area and the business use.
b.	dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004: Parking Facilities.
29	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.
30.	Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Stormwater Drainage
31	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 be generally in accordance with drawings number 16789-C107 and 16789-C111 Revision C dated 14/12/ 2018 prepared by TOD Engineers and Project Managers.
Electricity and Telecommunication Services
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.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
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.
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
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
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Infrastructure Charges (Change dated 21 March 2019)
This Change to an Existing Approval will trigger an “Amended Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.

property notes
Not applicable.
preliminary approval overriding the planning scheme
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Landscaping, stormwater, carparking & driveway
Development Permit for Building Works	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
There were seven (7) properly made submissions about the application. In accordance with the Sustainable Planning Act 2009, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
reasons / grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
The land enjoys existing use rights for various uses including some industrial uses with the potential to generate off site impacts. The proposed development seeks approval for a reduced range of uses able to operate from the site which are considered more compatible in the area; and
The development offers various improvements to the site and provides an improved interface between adjoining residential uses. The proposed building renovations and landscaping outcomes collectively improve the visual amenity of the site and are considered an overall community benefit.
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”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 21 December 2017.
Negotiated Decision Notice – 17 May 2018, with an amendment to conditions 7 & 8 and refusal to change condition 10
Decision Notice - Minor MCU18/0130.01 – 21 March 2019  with an amendment to conditions 2, 26, 28 and 31

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009
Only Properly Made Submissions are to be included in this notice (s335 (1) (l))
Name	Address	Email Address
Ralph Rogers		[email protected]
John & Patricia Eldridge	7 Admiral Place, NOOSAVILLE  QLD  4566	
James & Mary Schofield	3 Admiral Place, NOOSAVILLE  QLD  4566	
Shirley Nocente		[email protected]
Leo Nocente		[email protected]
Mani Sahihi		[email protected]
Bruce & Gwenn Davidson	PO Box 165, NOOSA HEADS  QLD  4567	[email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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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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