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YOUR REF: DPA-0640 OUR REF: DA-2015-102

4 September 2015 Melba Hotels Pty Ltd C/- Justin Peel PO Box 4499 SOUTH MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Melba Hotels Pty Ltd Proposal: Material Change of Use - Licensed Premises

(Extension to existing Hotel and Bottle Shop) Application Number: DA-2015-102 Address: 39 Daly Street, MARIAN QLD 4753, 41 Daly Street,

MARIAN QLD 4753 Property Description: Lot 1 on RP723762 and Lot 2 on RP715689 Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use

Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Kathryn Goodman.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Application Number: DA-2015-102

Date of Decision: 3 September 2015

1. APPLICANT/S DETAILS

Name: Melba Hotels Pty Ltd

Postal Address:

C/- Justin Peel

PO Box 4499

SOUTH MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 39 Daly Street, MARIAN QLD 4753, 41 Daly Street, MARIAN QLD 4753

Property Description: Lot 1 on RP723762 and Lot 2 on RP715689

3. PROPOSAL

Material Change of Use - Licensed Premises (Extension to existing Hotel and Bottle Shop)

4. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Approved in Full Subject to Conditions


Decision Notice


5. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

6. IDAS REFERRAL AGENCIES

Concurrence Agencies Department of Infrastructure, Local Gov & Planning

Mackay Isaac Whitsunday Regional Office PO Box 257 MACKAY QLD 4740

7. SUBMISSIONS

There were no properly made submissions received on this application. 8. PLANNING SCHEME

This decision is issued under the Mirani Shire Planning Scheme including amendments up to 19 December 2011.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED Building Works – Development Permit

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

12. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

13. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your

appeal rights and the appeal rights of any submitters regarding this decision. 14. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

8 September 2015

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2015-102 Decision Date: 03 September 2015

Page 1 of 4

1. Plan of Development

The approved Licensed Premises (Extension to existing Hotel and Bottle Shop) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Sheet Number

Revision Prepared by Date

Proposed Alterations Railway Hotel 41 Daly Street, Marian

01 DA-A Tony Cook Building Design

23/06/2015



23/06/2015



23/06/2015



23/06/2015



23/06/2015



23/06/2015



23/06/2015

2. Compliance with Conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

3. Maintenance of Development

The approved development (including landscaping, car parking, driveways and other external spaces) must be maintained in accordance with the approved drawings and/or documents, and any relevant Council engineering or other approval required by the conditions.



Page 2 of 4

4. Conflict Between Plans and Written Conditions

Where a discrepancy or conflict exists between the written conditions of the approval and the approved plans, the requirements of the written conditions will prevail.

5. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

6. Removal of Existing Shipping Container

The existing shipping container currently situated on the subject site must be removed from the subject site prior to the commencement of the use.

7. Loading /Unloading

The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be undertaken entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic.

8. Use of Parking and Vehicle Manoeuvring Areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

ASSESSMENT MANAGER’S ADVICE 1. Shipping Containers

Building Approval issued by a Private Building Certifier is required for shipping containers located on Lot 2 on RP702168.

2. Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice.

3. Advertising Sign Approval

No advertising sign and/or advertising device must be erected without separate Council approval. An application to Council under Subordinate Local Law 1.4 must be made and approved prior to any such sign or device being erected.



Page 3 of 4

4. Local Laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

5. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

6. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

7. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

8. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

9. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) of the Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.



Page 4 of 4

10. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.


Local government area:

Page1

Mackay Isaac Whitsunday Regional OfficeLevel 4, 44 Nelson Street

PO Box 257Mackay QLD 4740

Our reference: SDA-0715-022374Your reference: DA-2015-102

6 August 2015

The Chief Executive OfficerMackay Regional CouncilPO Box 41Mackay QLD 4740

Attention: Kathryn Goodman – Development Assessment

Dear Ms. Goodman,

Concurrence agency response — with conditions, given under section 285 of the Sustainable Planning Act 2009 for Development Application for Material Changeof Use – Licensed Premises (Extension to existing Hotel and Bottle Shop) on Lot 1RP723762 and Lot 2 on RP715689, located at 39 and 41 Daly Street, Marian, QLD 4753

The referral agency material for the development application described below was received by the Department of Infrastructure, Local Government and Planning under section 272 of the Sustainable Planning Act 2009 on 14 July 2015.

Applicant details

Applicant name: Melba Hotels Pty Ltd

Applicant contact details: C/- Justin Peel

PO Box 4499Mackay South QLD 4740Email: [email protected]

Site details

Street address: 39 and 41 Daly Street, Marian, QLD 4753

Lot on plan: Lot 1 RP723762; andLot 2 on RP715689

Mackay Regional Council


sarahwe

Received (Auto Date)

SDA-0715-022374

Department of Infrastructure, Local Government & Planning Page 2

Application detailsProposed development: Development Permit for Material Change of Use – Licensed

Premises (Extension to existing Hotel and Bottle Shop)

Aspects of development and type of approval being soughtNature of

DevelopmentApproval

TypeBrief Proposal of

DescriptionLevel of

AssessmentMaterial Change of Use

Development permit

Extension of existing hotel for storage and bottle shop

Code Assessment

Referral triggers

The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, Item 1 – State-controlled road

Please note that the site adjoins a section of line, Mirani to Ooralea, which has been used as a cane railway by Mackay Sugar for the past 5 years. A ‘cane railway’ is not defined as a ‘railway’ under Schedule 6 of the Transport Infrastructure Act 1994 (TIA) and is therefore not triggered under Schedule 7, Table 3, Item 15A of the Sustainable Planning Regulation 2009 (SPR) for railways. The Department of Transport and Main Roads (DTMR) entered into negotiations with Mackay Sugar in June 2011, this is still to be finalised. QLD Rail entered into an agreement to sell the rail infrastructure to Mackay Sugar in June 2012.

The state mapping itself is still being displayed as ‘railway’ and negotiations are not finalised but the infrastructure is used by Mackay Sugar as cane railway. Therefore the development is not triggered to the state for railway matters and DILGP has followed an ‘incorrect referral’ process in MyDAS to refund the applicant for the rail trigger. It is suggested that the applicant seek an amended acknowledgement notice from the Assessment Manager to ensure the integrity of the application.

ConditionsUnder section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditionsUnder section 289(1) of the Sustainable Planning Act 2009, the department must set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Approved plans and specificationsThe department requires that the following plans and specifications set out below and in Attachment 3 must be attached to any development approval.

Drawing/Report Title Prepared by Date Reference Version/Issue


SDA-0715-022374

Department of Infrastructure, Local Government & Planning Page 3

no.Aspect of development: Material Change of Use – Licensed Premises (Extension to existing Hotel and Bottle Shop)Proposed Alterations – Railway Hotel - Site Plan

Tony Cook Building Design

dated 23/06/2015

Sheet no. 1 Revision DA-A

Proposed Alterations – Railway Hotel - Ground Floor


dated 23/06/2015


Proposed Alterations – Railway Hotel - Ground Floor Existing


dated 23/06/2015


Proposed Alterations – Railway Hotel - Ground Floor Demolished


dated 23/06/2015


A copy of this response has been sent to the applicant for their information.

For further information, please contact Alice Slark, Senior Planning Officer, SARA Mackay Isaac Whitsunday on (07) 4898 6815, or email [email protected] who will be pleased to assist.

Yours sincerely

Patrick RuettjesManager (Planning) - Mackay Isaac Whitsunday Regional Office

cc: Melba Hotels Pty Ltd C/- Justin Peel via email only: [email protected]: Attachment 1—Conditions to be imposed

Attachment 2—Reasons for decision to impose conditionsAttachment 3—Approved Plans and Specifications


SDA-0715-022374

Department of Infrastructure, Local Government and Planning Page 4


Attachment 1—Conditions to be imposed

No. Conditions Condition timing

Material Change of Use – Licensed Premises (Extension to existing Hotel and Bottle Shop)

Schedule 7, Table 3, Item 1 — Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Transport and Main Roads (DTMR) to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):

1. The development must be carried out generally in accordance with the following plans: Proposed Alterations – Railway Hotel - Site Plan, Tony Cook

Building Design, dated 23/06/2015, Sheet no. 1, Revision DA-A

Proposed Alterations – Railway Hotel - Ground Floor, TonyCook Building Design, dated 23/06/2015, Sheet no. 2, Revision DA-A

Proposed Alterations – Railway Hotel - Ground Floor Existing,Tony Cook Building Design, dated 23/06/2015, Sheet no. 3, Revision DA-A

Proposed Alterations – Railway Hotel - Ground FloorDemolished, Tony Cook Building Design, dated 23/06/2015, Sheet no. 4, Revision DA-A

At all times.

2. Direct access is not permitted between the Marian – Eton Road and the subject site at any location other than the permitted road access location (for which approval under section 62 of the Transport Infrastructure Act 1994 must be obtained).

At all times.

3. The permitted road access location, for which approval under section 62 of the Transport Infrastructure Act 1994 must be obtained, is to be located at the existing access location on the Marian – Eton Road generally in accordance with Proposed Alterations – Railway Hotel - Site Plan, Tony Cook Building Design, dated 23/06/2015, Sheet no. 1, Revision DA-A

At all times.

T13


SDA-0715-022374



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are: To ensure the development is carried out generally in accordance with the

development application materials (report and plans) submitted with the application. To ensure access to the state-controlled road from the site does not compromise the

safety and efficiency of the state-controlled road.

T13


SDA-0715-022374



Attachment 3— Approved plans and specifications

T13


SDA-0715-022374



Proposed NewStore Shed

Existing Structure

Existing Structure

Existing Store Structure

Existing Structure

Existing Kids PayStructure/Area150m2

Daly St

33.96 m180° 08' 00"

47.6

2 m

270°

25'

00"

21.69 m0° 08' 00"

7.85 m0° 08' 00"

37.5

6 m

90° 2

4' 0

0"6.

04 m

90° 2

4' 0

0"

11.87 m0° 08' 00"

41.58 m9 0 ° 0 0 ' 0 0"

5.88m

6.138m

9.335m

47.7

23m

Lot 1RP723762

Lease A inLot 2RP702168

Lot 2RP715689

Alan

St

Drivewaygravel

Drivewaygravel

Row

of c

ocon

ut tr

ees

Tmr

PP

SV

FHTmh

Gar

d ra

i fen

ce

Rail crossing lights

MHMH

FH

Building Platform RL 0.0Concrete Slab RL 0.4

FH

path

path

o.m.p.1275

1020

5 o.

m.p

.

NO

RTH

sewer

Job No:Sht. no:Date:

Design:Drawn:Rev:

Sheet Size: A1

All plans are copyright and may not be reproduced in whole or and part without written permission from Tony Cook Building Design (Aust.) Do not scale. Confirm all dimensions & levels before commencing construction, Any discrepancies to be reported to the draftsperson immediately.This building shall be constructed in accordance with the Qld. Building Act, the BCA, all relevant Australian Standards and the manufactures instructions for relevant elements. Any substitution of any structural members or variations of any part of the design will void any responsibilities of the draftsperson for structural integrity and performance of the building/structure.

Notes to be read in conjunction with General Notes page.

23/06/2015 4:16:07 PM DA-ARailway Hotel41 Daly St, Marian

Proposed AlterationsT.Cook01

FOUNDATION & SITE PREPARATION

1. Strip top soil to the relative levels and to remove grass andtopsoil and loose material. Inspect to ensure that no localsoft spots exist.

2. Test Certificates of actual densities to be provided by thecontractor.

3. The Builder shall check all footing excavations for organicmaterial and rubbish. If any of this material is found, it shallbe removed and the excavation backfilled with clean granularfill.

4. If disturbed, the bottom of the excavation shall becompacted to a relative dry density of 100% as determinedaccording to AS 1289-E4.1 and E1.1.

5. The Builder is to ensure that the sides of the excavationare stable during all phases of construction.

6. The footings have been designed to be founded in a stablematerial with a safe allowable bearing capacity of 100kPa.Refer General Notes.

SITE MAINTENANCE REQUIREMENTS

1. Site Maintenance is to comply with CSIRO BTF18"Foundation Maintenance & Footing Performance: AHomeowner's Guide" A copy of this document is attached tothe soil report. It is the owner's responsibility to comply withthis document and pass this document on to future owners.

2. Do not over water gardens or lawns. Do not install sprinklersystems or similar near the building. Garden beds should notbe located near the building.

3. Maintain a grade in the ground a minimum of 50mm over adistance of 1m on all sides away from the building.

1 : 200

Site Plan

Lot No. 2/RP715689 - 483m2Lot No. 1/RP723762 - 1103m2Lot No. (Lease) 2/RP702168 - 368.4m3Suburb Marian

Parish. AbingdonCounty. CarlisleCouncil. MRC______________________Footprint Area 996.09m2Block Area 1954.4m2______________________Site Coverage 50.9%


tracyh

Received (Auto Date)

kathryng

Manual DA & Date

39.86Store

10.37Bottle Shop

58.21Existing Store

704.93Existing Hotel Area

140.72Play Area

42.00Bottleshop


Design:Drawn:Rev:

Sheet Size: A1





1 : 100

Ground Floor

Name AreaExistingExisting Hotel Area 704.93 m²Play Area 140.72 m²Existing Store 58.21 m²Bottleshop 42.00 m²

945.86 m²ProposedStore 39.86 m²Bottle Shop 10.37 m²

50.23 m²Grand total 996.09 m²


kathryng

Manual DA & Date

29090

7090

1729

0

200 9320 200 90 1920 90 7540 200

17740 1400 9950

200 4840 200 3910 90

950 90 1400 200 1030 200

200750 90 2630 200

Diss

Fem

Fem TilesKitchen

TilesKitchen Tiles

Male

TilesFem

TilesStore

CarpetBar

TilesBar

Concrete

Cool Room

Concrete

Cool Room

Concrete

BottleShop

Concrete

Drivethrough

Concrete

Store

4840200 7160 200

Cool room wall

90x90 Shs

90 4660 90

9070

0020

0

7560

200

7300

200

7700

7890


Design:Drawn:Rev:

Sheet Size: A1





1 : 100

.Ground Floor Existing

C

A

DBName Area

ExistingExisting Hotel Area 704.93 m²Play Area 140.72 m²Existing Store 58.21 m²Bottleshop 42.00 m²




kathryng

Manual DA & Date

29090

2000

0

7090

1729

0

200 9320 200 90 1920 90 7540 200

17740 1400 9950

4380

200

3130

200

1627

020

0

200 4840 200 3910 90

200

1120

7019

4020

0

950 90 1400 200 1030 200

200750 90 2630 200

Diss

Fem

Fem

Alfresco

TilesKitchen

TilesKitchen Tiles

Male

TilesFem

TilesStore

CarpetBar

TilesBar

Concrete

Cool Room

Concrete

Cool Room

Concrete

BottleShop

Concrete

Drivethrough

Concrete

Store

Existing Block wall to Store

Portion of roof and 90x90Shs posts to be removed


Indicates wall to bedemolished


Design:Drawn:Rev:

Sheet Size: A1





C

A

DB

1 : 100

.Ground Floor Demolished

Name AreaExistingExisting Hotel Area 704.93 m²Play Area 140.72 m²Existing Store 58.21 m²Bottleshop 42.00 m²




kathryng

Manual DA & Date

29090

7090

1729

0

200 9320 200 4630 90 4810 90 1920 90 7540 200

17740 1400 9950

200

1650

9011

0020

010

0090

1360

200

950 90 1400 200 1030 200

200750 90 2630 200

1700

6850

Diss

Fem

Fem

1196

0

200 7160 200 7100 200 3800 200

200

9290

7024

00

1176

020

0

Plaster to70mm stud wall

Section 108

Section 108

Section 208

Section 208

TilesKitchen

TilesKitchen Tiles

Male

TilesFem

TilesStoreTiles

Bar

Concrete

Cool Room

Concrete

Cool Room

Concrete

BottleShop

Concrete

Drivethrough

Concrete

Store

Concrete

Store

90x90 Shs90x90 Shs

90x90 Shs

2900

7700

4200

Indicates portio

n of concrete slab to

have new topping slab

22/3

0 rd

1500

1710

2000

0922 Fg Frosted09

22 F

g Fr

oste

d

2290

22002400Ht wall24

00H

t wal

l

2130

1

2

3

4

5

6

78

9

10

11

Line of existing slab

820


Design:Drawn:Rev:

Sheet Size: A1





1 : 100

.Ground Floor Proposed

C

A

DBName Area

ExistingExisting Hotel Area 704.93 m²Play Area 140.72 m²Existing Store 58.21 m²Bottleshop 42.00 m²




kathryng

Manual DA & Date

0Ground Floor

3190Ground Floor Plate

3190

2440Wet Area Pl

0Ground Floor


3190

2440Wet Area Pl

2440

Colorbond `Custom-Orb' metalroof sheeting at 2° pitch.

200 series blockwork walls,rendered & painted as per spec.

3600Store Pl

3600

0Ground Floor


4790Parapet

2440Wet Area Pl

1600

3190

4790

0Ground Floor


2440Wet Area Pl

3190

2440


Design:Drawn:Rev:

Sheet Size: A1





1 : 100

Elevation A Proposed

1 : 100

Elevation B Proposed

1 : 100

Elevation A Existing

1 : 100

Elevation B Existing


kathryng

Manual DA & Date

0Ground Floor


2440Wet Area Pl

3190


0Ground Floor


3190

2440Wet Area Pl

22/30 rd

Colorbond `Custom-Orb' metalroof sheeting at 2° pitch. behindparapet


4200

3600Store Pl

0Ground Floor


3190


0Ground Floor


3190

Colorbond `Custom-Orb' metalroof sheeting at 2° pitch. behindparapet


4200

3600Store Pl

3600

0Ground Floor

0Ground Floor



2440Wet Area Pl

Slab, footings and retaining walls toEngineer's details (shown indicatively).

Colorbond `Custom-Orb' metalroof sheeting.

Store

3600Store Pl

3600

Box Gutter

0Ground Floor

0Ground Floor



2440Wet Area Pl

4200

Slab, footings and retaining walls toEngineer's details (shown indicatively).

Colorbond `Custom-Orb' metalroof sheeting.

StoreExisting Store

Box Gutter

3600Store Pl

Existing Cool Room

existing slab

exist

ing sl

ab

18860

1196

0

4000

1196

0

7700

New concrete slab toengineers details


Design:Drawn:Rev:

Sheet Size: A1





1 : 100

Elevation C Existing

1 : 100

Elevation C Proposed

1 : 100

Elevation D Existing

1 : 100

Elevation D Proposed

1 : 100

Section 1

1 : 100

Section 2

1 : 100

Setout Plan


kathryng

Manual DA & Date

Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters – General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.


Decision Notice


463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


Decision Notice


NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2015-102

Date of Approval 3 September 2015

Approved Material Change of Use - Licensed Premises (Extension to existing Hotel and Bottle Shop)

Location 39 Daly Street, MARIAN QLD 4753, 41 Daly Street, MARIAN QLD 4753

Property Description Lot 1 on RP723762 and Lot 2 on RP715689

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Melba Hotels Pty Ltd Address: C/- Justin Peel PO Box 4499 SOUTH MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


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