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MCU21/0154.02 – Application For A Minor Change To Development Approval For Home Based Business (Meat Processing Facility) At 82 Patterson Drive, Tinbeerwah · Attachment 2 - (MCU21/0154.02) - Existing Approval

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                                       ATTACHMENT 2 – MCU21/0154.02 – EXISTING APPROVAL



                                                              Officer:            Lisa Pienaar
                                                              Direct Telephone:   07 5329 6514
                                                              Our Reference:      MCU21/0154.01
                                                              Your Reference:     002348

               19 December 2022


               AJ Neilson & BA Neilson
               C/- RG Strategic Australia
               PO Box 1818
               NOOSA HEADS QLD 4567
               [email protected]



               Dear Sir/Madam,
                                              Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 25 October 2022, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              MCU21/0154.01

                   Street address:              82 Patterson Dr Tinbeerwah Qld 4563

                   Real property description:   Lot 62 RP 886676

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 16 December 2021
               •       Development Permit for Material Change of Use of Premises -Home-based Business –
                       Meat Processing Facility
               In relation to the request to make a minor change to the existing approval, Council on 15 December
               2022, decided to approve the requested changes. The changes are detailed below.
               A.      Agree to change conditions 5, 7, 14 & 18
               B.      Amend condition 19
               C.      Amend condition 21
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




                                                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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Page 2

               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,
                      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.

                        Plan No.       Rev.    Plan/Document Name                         Date

                        AO1            -       Site Plan, prepared by RG Strategic        08/09/2021

                        AO2            -       Floor Plan, prepared by RG Strategic       08/09/2021

                      Currency Period
               3.     This development approval lapses if the use has not happened by 16 December 2027,
                      unless an application to extend the currency period is approved by Council.
                      Nature and Extent of Approved Use
               4.     The approved use must be conducted entirely within the existing shed as shown on the
                      Approved Plans, except for the parking, loading and unloading of vehicles which may
                      occur within the existing driveway and associated manoeuvring area.
               5.     The facility is not permitted to process more than ten (10) carcasses per week, with
                      harvesting to occur a maximum of one evening a week.
               6.     The approved use must be conducted by a permanent resident or residents of the
                      detached house. No employees are permitted.
               7.     Meat processing must not occur outside the hours of 8:00am to 5:00pm Monday to
                      Friday, with a maximum of 2 deliveries from the site permitted on Saturday and Sunday
                      and public holidays.
               8.     The approved use must not involve the sale of goods from the premises, nor the public
                      display of goods visible from any point outside the premises.
               9.     The approved use must not involve the operation of a motor vehicle with a carrying
                      capacity exceeding a courier van.
               10.    The approved use must be operated by the resident of the dwelling with no employees
                      permitted.
               11.    All stored equipment, goods manufactured, or materials used in association with the
                      approved business must be located within a building or screened from view from all
                      public places and adjoining properties by fencing and/or dense landscaping.
               12.    Any storage of flammable and/or combustible liquids must comply with the minor storage
                      provisions of Australian Standard AS1940 “The Storage and Handling of Flammable and
                      Combustible Liquids”.
               13.    Any waste associated with the processing facility must be stored internally and
                      refrigerated until ready for collection by the facility operator and lawfully disposed of
                      offsite.
               14.    No commercial deliveries or collections are permitted on site, other than 1 collection per
                      week, made between Monday to Friday 9am to 4pm via a small, refrigerated van.




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                      General Environmental Nuisance
               15.    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, air-borne hazards, atmospheric pollutants (including dust,
                      smoke & odours) nuisance or any other emissions in accordance with the nuisance
                      provisions of the Environmental Protection Act 1994.
                      Noise Nuisance
               16.    Noise emission from mechanical equipment shall comply with the following
                      requirements:
                      a.      Air-conditioning, Compressor and Refrigeration Equipment
                              •        7am to 10pm: Maximum background + 5dB(A)
                              •        10pm to 7am: Maximum background + 3dB(A)
                              •        The background noise level is that measured in the absence of the problem
                                       noise.
                      b.      Other Mechanical Equipment
                              •        7am to 7pm: Maximum background + 5dB(A)
                              •        7pm to 10pm: Maximum background + 3dB(A)
                              •        10pm to 7am: No audible noise.
                              •        The background noise level is that measured in the absence of the
                                       problemnoise.
                      Nature and Extent of Approved Use (continued)
               17.    The harvesting vehicle is required to be enclosed or fully covered such that carcasses
                      are not visible during transportation.
               18.    To minimise the potential impacts of the operator’s vehicle and refrigerated trailer
                      returning to and departing from the site, the operator must:
                      a.      Dim vehicle lights at night time when departing and returning to the site (if safe and
                              practical to do so).
                      b.      Keep mechanical equipment associated with the refrigeration and cooling of the
                              trailer turned off until the vehicle has left the subject site
                      c.      Only deliver harvested animals to the site a maximum of 1 day per week
                      Landscaping Works
               19.    The access handle must be densely landscaped with native plants and shrubs to
                      provide a dense screen of vegetation between the driveway and neighbouring
                      residents. The landscape garden bed along the southern boundary adjacent Lot
                      61RP886676 pool area must be enhanced with supplementary planting being eight (8),
                      “Syzygium australe” or “Syzygium luehmanii” with a minimum plant stock size of 45
                      litres at a density of 1 plant per metre. All supplementary planting works must be
                      undertaken 1 month from the date of this approval.
               20.    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.
                      Permit
               21.    This permit lapses on 17 December 2024 unless written consent is provided by Council
                      to extend the approval. In assessing an extension, Council will have regard to any
                      complaints received from nearby residents concerning breaches of the development
                      approval conditions, and any other relevant matters.


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               5.     REFERRAL AGENCIES

               Not Applicable
               6.     ADVISORY NOTES

               PLANNING
                      Nature and Extent of Approved Development
               1.     The assessment of this development was based on a proposal having a gross floor area of
                      52m2, as depicted on the Approved Plans.
                      Infrastructure Charges
               2.     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.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required           Subject of the required Development Permit

                Development Permit for Building Works         All Building Works

               10.    SUBMISSIONS

               There were 16 properly made submissions about the application. In accordance with the Planning
               Act 2016, the name, address and electronic address of the principal submitter for each properly
               made submission is provided and attached.
               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.




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Page 5

               Yours faithfully,




               Patrick Murphy
               Manager Development Assessment (Acting)



               Enc:     Appeal Rights
                        Approved Plans/Documents
               cc.      Unitywater

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 16 December 2021.

               •     Decision Notice - Minor MCU21/0154.01 – 15 December 2022;,
                     with an amendment to conditions 5, 7, 14 & 18, 19 & 21




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                                                                              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.




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                                              Attachment 1




                                              -
                                        APPROVED PLAN
                                           MCU21/0154
                                        NOOSA COUNCIL
                                       16 DECEMBER 2021




Document Set ID: 23475051
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                                              -
                                        APPROVED PLAN
                                           MCU21/0154
                                        NOOSA COUNCIL
                                       16 DECEMBER 2021




Document Set ID: 23475051
                  21735260
Version: 1, Version Date: 22/01/2025
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