131999.982996.1 Approved Change to Existing Approval

Officer:	Jack Lewis
Direct Telephone:	5329 6236
Our Reference:	JLEWIS:JLEWIS:
Your Reference:	N/A
12 February 2015

Belmondo's Pty Ltd
PO Box 71
NOOSA HEADS  QLD  4567

[email protected]

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request to make a permissible change to an existing approval.  On 11 February 2015, Council decided your requested changes.

Details of the decision are as follows:
application details
Application No:	131999.982996.(18247 DA)
Street Address:	52 Hastings St NOOSA HEADS  QLD  4567
Real Property Description:	BUP 4745
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
Council on 20 January 2000 decided to issue the following type of approval:
Development Permit for Material Change of Use – Shop (fruit cart)

In relation to representations, Council on 2 March 2000 decided to:
Agree to change Condition 10 and delete Condition 3
Issue a Negotiated Decision Notice.

In relation to the request to make a change to the existing approval, Council on 11 February 2015 decided to:
A.	Approve a change to Conditions 8 & 10
B.	Delete Condition 5

relevant period of approval
Not Applicable

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
To be read in conjunction with Negotiated Decision Notice for 18247 DA dated 2 March 2000.

5.	Deleted.

8.	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. The surf hire equipment shall be stored in the existing cart area.
Plan No.	Rev.	Plan/Document Name	Date
99/822	A	Plan of proposed Shop Area & Cool Room of the Fruit Cart drawn by Max Watterson	10/12/99
-	-	Ground Level Plan (with cart and coffee area)*	Submitted 11/02/2015

10. 	Approval is only granted for the sale of fresh produce, coffee, arts and crafts, and the hire and sale of surfboards.

referral agency conditions
Not Applicable

advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:

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 One) Part D3 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 both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
The Anti-Discrimination Act 1991 (Queensland)
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.

property notes
Not Applicable

PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable

further development permits required
Not Applicable

self assessable codes
Not Applicable

submissions
Not Applicable

reasons / grounds for appoval
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.

other details
If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice (20 January 2000) Negotiated Decision Notice (2 March 2000), Changes to an Existing Approval (11 February 2015)

Yours faithfully

JACK LEWIS
DEVELOPMENT PLANNER

Encl. 	Approved Plans/Documents
Copy Negotiated Decision Notice for 18247 DA
Appeal Rights

cc	Unitywater

	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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