Minor Change Existing Approval MCU12 0012.02

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU12/0012.02  :
Your Reference:	n/a
18 May 2018
Mr CJ Marais
PO Box 1111
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 March 2018, 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:	MCU12/0012.02
Street address:	298 Tablelands Rd Cooran Qld 4569
Real property description:	Lot 2 RP 192052
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 18 October 2012.
Development Permit for Material Change of Use of Premises – Home based business Type 3 – Significant Scale (Quad Bike – Tours)
In relation to the request to make a minor change to the existing approval, Council on 17 May 2018, decided to approve the requested changes. The changes are detailed below.
A.	Agree to delete condition 16
currency period of approval
The relevant period for this development approval is in accordance with that stated in the Negotiated Decision dated 2 November 2012, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
The home-based business is limited to undertaking quad bike inductions and storage in the cleared area marked as ‘Car parking, Shed A & Shed B’ as indicated on the approved Site Plan. Quad bikes shall not be ridden outside the 800m2 bike induction area of the site, and the associated driveway leading to Tablelands Road.
The approved use must be conducted by a permanent resident or residents of the detached house, with the total number of persons associated with the approved use on the site at any one time not exceeding 10 tourists and 3 staff.
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.
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”.
The total number of advertising signs provided on the site must not exceed one, having a maximum sign face area of 0.3m2 and not involving illumination or motion.
The total number of quad bike tours from the site must not exceed 2 per day, Monday to Saturday. No tours shall be conducted on Sundays and Public Holidays. The on-site inductions must not exceed a maximum of 30 minutes.
The use shall not operate outside the hours of 8:30am to 5pm, Monday to Saturday.
All tourists must be picked up by mini bus/troop carrier or the like.
The development must be provided with an approved on-site waste water treatment and effluent disposal system in accordance with PSP 24 - Effluent Disposal and have a capacity sufficient for the use. Due to the frequent accessing of the site for pump-out, portaloos are only permitted until the 30 March 2013. After this date, portaloos are not to be used.
All mechanical servicing and repair associated with the quad bikes is to be undertaken off site at an approved mechanical workshop.
Refuse storage, removal and collection facilities must be provided in accordance with the following:
Provision of 2 x 240L wheelie bins for the business use; and
Collection by service vehicles from the kerbside.
The quad bikes must have the appropriate registration permits for use on the roads, as specified by the Department of Transport & Main Roads and Queensland Police.
Prior to the commencement of the use, the applicant shall submit a Noise Management Plan (NMP), to the reasonable satisfaction of Council. This must include as a minimum:
Objective statement for the minimisation of adverse impacts upon the acoustic amenity of the environment near the quad bike site;
Names of overall responsible person and site quad bike manager for the site tourism operations;
Training details for site quad bike manager to ensure safety of patrons and minimisation of noise emissions on the training circuit, on Tablelands Road, and in the National Park. Annual training that is suitable and relevant for these requirements for each site quad bike manager is the minimum training requirement. The details and dates of the training for the site quad bike manager shall be detailed in the NMP;
Minimum competency levels for quad bike drivers to be achieved prior to departing the on-site training circuit, including method of testing prior to departure from the site;
Training and inductions for quad bike riders shall not exceed 30 minutes per tour;
Quad bike driver behaviour and site quad bike manager supervision requirements for noise minimisation during travel on Tablelands Road and in the National Park;
All riders shall be provided with a communication headset to converse and receive instructions;
Hours of operation of quad bikes training and tours to be 8.30am to 5pm Monday to Saturday;
The total number of quad bike tours from the site must not exceed 2 per day on Monday to Saturday. No tours shall be conducted on Sundays and Public Holidays;
The maximum number of quad bikes for any tour is to be limited to twelve. While a tour is in operation no other quad bikes are permitted to be operated on the training circuit or on the site;
Quad bikes are to be Kymco MXU300 (including automatic transmission, 270cc engine, governed and fitted with a suitable muffler), or equivalent to be approved by Council;
Quad bikes must be mechanically governed by an authorised mechanic to a maximum speed of 30km/hr;
Quad bikes are to be maintained in good condition. All maintenance and servicing of quad bikes that requires running of quad bike engines shall be conducted external to the site. Quad bike maintenance records, including regular mechanical servicing and inspection of muffler condition, and annual noise testing to be kept on site and provided to Council for inspection, upon request;
Maximum noise level of quad bikes to be not greater than maxL 69 dBA at 10 metres from the edge of the track when the bike is being driven around the training circuit with throttle wide open. A minimum of three laps of the training track shall be completed during each noise test per quad bike. All bikes to be tested at least once per annum. Noise levels to be measured by a suitably qualified acoustic consultant with company membership of the AAAC, or individual membership of the AAS;
If a reasonable complaint about quad bike operations is received, then Council may request additional noise testing to be conducted. Any bikes that do not comply with the maximum noise levels shall be removed from service and will not be permitted to be used for quad bike training or tours, until testing indicates compliance with the maximum noise level criteria; and
A noise complaint plan, including a standard noise complaint registration form, a publicly advertised noise complaint phone number fitted with an answering machine if not attended, and actions taken in response to a complaint to prevent the source of the complaint from re-occurring. All noise complaint records and responses to be kept on file on the site for inspection by Council, if requested.
Sunset Clause for Completion of Approved Development
Deleted
ENGINEERING
Site Access and Driveways
An access driveway must be provided from the formation in Tablelands Road to the quad bike storage and induction area. The access driveway (location and formation) must be in accordance with AS/NZS 2890.1:2004 and certified by an RPEQ prior to the commencement of the use. The certification must include recommendations for the ongoing maintenance of the access location and driveway.
The property owner must maintain the access location and the full length of the access driveway in accordance with the recommendations of the RPEQ certification.
Stormwater Drainage
Stormwater runoff from the development, including bike wash down must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets above or below the ground must be repaired:
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
APPROVED PLANS/DOCUMENTS
The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
-	-	Site Plan - 298 Tablelands Road, Cooran, prepared by Charles Morais	Date Stamped 6/02/2012
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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

VARIATION APPROVAL
Not Applicable
further development permits required
Not Applicable
submissions
There were 24 properly made submissions about the application.
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.
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

DECISION NOTICE HISTORY Original Decision Notice - 18 October 2012 Negotiated Decision Notice – 2 November 2012, with an amendment to conditions 11 and 15 (i) Changes to an Existing Approval – 4 June 2015  with an amendment to condition 16 Changes to an Existing Approval – 17 May 2018 – delete condition 16

	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

[word/footer2.xml]
Page 6 of 6

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 6

[word/footer4.xml]
Page 7 of 7

[word/header4.xml]
3

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL