Minor Change Existing Approval 131998.981126.5

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	131998.981126.5
Your Reference:	n/a
25 October 2022
Noosa Christian Outreach Church
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 September 2022, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	131998.981126.5
Street address:	202 Eumundi Noosa Rd Noosaville Qld 4566
Real property description:	Lot 1 SP 248151
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 20 August 1998
Development Permit for Material Change of Use of Premises – Place of Worship
In relation to the request to make a minor change to the existing approval, Council on 21 October 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 9 & 11
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Building
The plans submitted for a Development Permit for building works are to comply with the approved plans and the following requirements:-
Satisfy the fire separation requirements of the Building Code of Australia for the new building and for the existing church building.
Construction work and other associated activities are permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where extended hours are approved by the Building Surveyor.
Engineering
The developer is required to provide an additional 20 gravel car parking spaces, where the 91 carparking spaces approved are sealed. Design plans, in the form of an application for operational works (car parking and access) are required. Plans are to be submitted to and approved by the Shire Engineer prior to the issue of a Development Permit for Building Works.
The developer shall connect to Council’s existing water supply system at the developer’s expense, to the standard and requirements of the Shire Engineer.
The developer shall connect to council’s sewerage reticulation system at the developer’s expense, within 6 months of the connection branch being made available.
The developer shall bear the cost of alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site.
The developer shall pay contributions in accordance with Council's Policy on Water Supply Headworks Contributions and Sewerage Headworks Contributions. An estimate only of the charges as at March 1998, under the current policy is as follows:-
Water Supply	$3,483.97
Sewerage-	$5,339.53
________________________
TOTAL:	$8,823.50
Please note that the headworks charges will alter in accordance with Price Index variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid when the construction of the sewer connection to the site and proposed use is completed.
Prior to connection to the reticulated sewerage system, disposal of septic and sullage wastes on site to the reasonable satisfaction of the Shire Engineer is required. Plans prepared by a registered Consulting Civil Engineer are to be submitted to and approved by Council's Manager of Building, prior to the issue of a Development permit for building works.
Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties to the reasonable satisfaction of the Shire Engineer. A Development Permit for building works shall not be granted until the Shire Engineer has approved of the drainage scheme.
Works associated with the storage shed, awning and BBQ area cover (approval 131998.981126.5) are to be in accordance with Stormwater Management Plan – Proposed site enhancements, Document No. 2227 - Version 0, prepared by Callaghan & Toth and dated September 2022.

The developer shall be responsible for the control of erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. The developer shall be required to submit an erosion and sediment control plan. This plan is to be approved by the Development Engineer, prior to the issue of a Development Permit for building works.
Town Planning
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 9745 prepared by Rex Oakley and dated December 1997, A1.1, A2.1, A3.1, A4.1, A5.1, A6.1 dated 1 November 2004, prepared by Paul Clout Design and plans Dwg No. 01a, 02a dated 30 March 2012, prepared by Matt Black Building Services, Site Plan dated 12 July 2022, prepared by Bradley Voigt, Nh2110233-6 dated 12 July 2022, prepared by Wide Span Sheds, drawing 1, 1, 3, 2, 3 dated 7 July 2022 prepared by Architectural Design and Drafting Service and as may be amended by these conditions.
The approved use is for a Place of Worship, and does not extend to uses defined as a function room or indoor entertainment as defined under the Planning Scheme.
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.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.  The landscape plans referred to above are to denote areas of existing vegetation or existing trees proposed to be retained.
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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:-
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
the use of any premises pursuant to the Development Permit ceases.
Prior to the commencement of development, the developer must obtain the following Development Permits:-
Development Permit for building works;
Development Permit for plumbing and drainage works;
Development Permit for operational works of landscaping, carparking and access.
ADDITIONAL CONDITIONS 4/8/2004
Environmental Health
An annual licence and registration of the premises is required under the Food Hygiene Regulations of 1989 from Council’s Environmental Health Section where unpackaged food is sold, prepared, packed, stored, handled, served or supplied for sale.
The developer must provide a suitably screened imperviously paved area large enough for all refuse and recycling containers. A wash down area is required with a cold-water tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent stormwater entry to the sewerage system.
The developer shall submit to Council a Waste Management Plan for the construction or demolition phase of the development.  The Waste Management Plan is to contain the following information:
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site
Excavation material				
Garden Organics				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Other - please specify				
Note: Details of site area to be used for onsite separation, treatment and storage (including weather protection) should be provided on the plan drawings accompanying your application.
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, dust or odour nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
All refrigeration plant including motors, shall be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Noise emission from air conditioning equipment shall comply with the following requirements:
The equipment shall be installed and located in a manner which prevents noise nuisance beyond the subject land in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
Submission of written certification from a suitably qualified person confirming that the noise levels comply when measured at the nearest residential boundary.  This is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.
A person must not use equipment on any day if it makes or causes noise to be made –
Before 7am or after 10pm: More than the lower of either –
40 d(B)A
3 d(B)A above the background noise level
From 7am to 7pm: More than the lower of either –
50 d(B)A
5 d(B)A above the background noise level
From 7pm to 10pm: More than 3 d(B)A above the background noise level.
referral agencies
Not Applicable
advisory notes
Infrastructure Charges
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.
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not Applicable

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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 20 August 1998.
Decision Notice - Minor 4 August 2008 – Amend conditions 11, 14, 7, 15 & additional conditions
Minor – 21 September 2005; amend conditions 11 & 14
Minor – 9 May 2012; amend condition 11
Minor – 21 October 2022; amend conditions 9 & 11

	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]	
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