Decision Notice OPW16/0016

Officer	Mark Lewis
Direct Telephone:	07 53296290
Our Reference	:OPW16/0016
Your Reference	15253
19 December 2016

Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Dear Sir

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 15 December 2016 Council decided to refuse the application.
Details of the decision are as follows:
application details
Application No:	OPW16/0016
Street Address:	2 Parkyn Court Tewantin
Real Property Description:	Lot 388 MCH 839039, Lot 400 MCH 839039 &Lot 178 MCH 5169
Planning Scheme:	The Noosa Plan (16 September 2013)
Type of Development
The application sought the following type of development approval:
Development Permit for Operational Works Prescribed Tidal Works - Prescribed Tidal Works
Reasons for Refusal
The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code.
The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal Protection and Management Regulation 2003 and does not comply with Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003.
The proposed development will create the potential to intensify the commercial uses by increasing the available deck areas within the marina.
The proposed deck adds a substantial area and additional built form on the Noosa River, is likely to increase traffic volumes on adjoining lands and there are insufficient parking facilities available in the area.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue Maroochydore Qld 4558	Schedule 7, Table 2, Item 13—Tidal works, or development in a coastal management district Schedule 7, Table 2, Item 15—Tidal works, or development in a coastal management district	The agency provided its response on 25 July 2016  (Reference No. SDA-0616-030855).

Advice	Queensland Fire and Emergency Services www.qfes.qld.gov.au GPO Box 1425 BRISBANE  QLD  4001	Schedule 3, Part 1, Table 4, Item 5 – Involves a marina	The agency provided its response on 21 June 2016
submissions
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 are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager Planning & Environment

Enc	Appeal Rights

Cc 	SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE  QLD  4558

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

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.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

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.

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 (environment)—development for an aquacultural ERA; or
(b) 	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.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 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.

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.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
Page 2 of 4

[word/footer2.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 4

[word/footer3.xml]
Page 4 of 4

[word/header1.xml]
OPW16/0016

[word/header3.xml]
OPW16/0016

[Attachment: image3.png (image text)]
K Coy fs


[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL