Minor Change Existing Approval MCU18 0165.01

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU18/0165.01
Your Reference:	420/MCU/280918/CHN
23 January 2020
Pace Planning Pty Ltd
9 Panorama Ridge Rd
BUDERIM  QLD  4556
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 November 2019, requesting a minor change to an existing development approval. Council on 16 January 2020, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0165.01
Street address:	25 Kauri St Cooroy Qld 4563
Real property description:	Lot 27 C 56016
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 16 May 2019
Development Permit for Material Change of Use of Premises – (Multiple Housing Type 4 Conventional)
In relation to the request to make a minor change to the existing approval, Council on 16 January 2020, decided to approve the requested changes. The changes are detailed below.
Approve the minor change
Amend conditions 2, 14, 15 & 24
currency period of approval
The currency period for this development approval is 6 years starting the day that the original development approval MCU18/0165 took effect.

assessment manager conditions
PLANNING
When Conditions must be Complied With
1.	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
2.	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.
Plan No.	Rev.	Plan/Document Name	Date
DA01	18E	Site Calculations & Staging Plan, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA02	18E	Site Plan, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA03	18E	Site Plan – Landscaping and Fencing, prepared by All Design and Drafting (as annotated by Council)	06.11.2019
DA04	18E	Site Elevations, prepared by All Design and Drafting	06.11.2019
DA05	18E	Site Elevations, prepared by All Design and Drafting	06.11.2019
DA06	18E	Unit Type T1A, prepared by All Design and Drafting	06.11.2019
DA08	18E	Unit Type T1B, prepared by All Design and Drafting	06.11.2019
DA09	18E	Unit Type T2, prepared by All Design and Drafting	06.11.2019
DA10	18E	Unit Type T3, prepared by All Design and Drafting	06.11.2019
DA11	18E	Exterior Materials and Colours, prepared by All Design and Drafting	06.11.2019
Performance Bond
3.	Security in the form of a cash bond or trading bank guarantee to the sum of $35,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
4.	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.
Building Height
5.	The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
6.	Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Building Appearance
7.	A mix of materials and colours must be incorporated into the external building finishes reflective of Cooroy’s traditional character and the schedule detailed on All Design and Drafting plan DA11 and dated 5 February 2019.
8.	All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
9.	Fencing must be generally in accordance with the approved plans and setback an average of 1 metre from the front property boundary and articulated by stepping the design at maximum 5 metre intervals. Any fencing on the front boundary must either:
a.	not exceed a maximum height of 1.2m
b.	be of open construction.
10.	The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
11.	Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
12.	Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
13.	All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
ENGINEERING
Site Access and Driveway
14.	Vehicular access driveways to serve the development shall be constructed from the Olivine Street frontages of the site generally in accordance with the final approved layout plans and as annotated by Council and amended by the conditions of this permit and in compliance with the applicable engineering standards and drawings.
15.	Two sealed access driveways must be provided from Olivine Street frontages of the site to all parking and manoeuvring areas of the development generally in accordance with the final approved layout plans as annotated by Council and amended by the conditions of this permit. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
15.1.	Driveway crossovers generally in accordance with IPWEAQ standard drawings R-049 and R-050, and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing for compliant grades and levels that match any existing or proposed pathway and grassed verge without posing trip or safety hazards to the public.
15.2.	For pedestrian safety on the footpath and vehicles exiting the site, the driveway and any associated fencing or vegetation near the driveway must comply with the minimum sight line requirements as defined in AS/NZ 2890.1, section 3.2.4.
15.3.	The proposed driveway must have a maximum width of 6m at kerb line.
15.4.	Driveway must have clearance of 1.0m from a power pole and 0.5m from and any service pit or manhole (e.g. telecommunication pit, water meter) unless a written approval obtained from the relevant provider
16.	All vehicles must enter and leave the site in a forward direction.
Car Parking
17.	Car parking must be provided within the site generally as shown on the final approved layout plans. The works must be undertaken in accordance with an Operational Works approval and must be in compliance with the provisions AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
18.	The internal dimensions and doorway openings of all enclosed garages must be designed and constructed to comply with the provisions of section 5.4 of AS/NZS 2890.1. The applicant must demonstrate compliance by illustrating these dimensions on the plans submitted for both Operational Works approval and Building Works approval.
19.	All visitor carpark spaces must be clearly defined by line marking each space with the words “Visitor Parking Only” and by sign posting each space with similar wording.
20.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Roadworks Widening
The full length of the Kauri Street and Olivine Street frontages of the development site must be upgraded by providing kerb & channel, bitumen road widening, stormwater structures and landscaping improvements to the footpath in accordance with an Operational Works approval. The works must include but are not limited to the following:
In regard to the Kauri Street frontage, the new kerb and channel must be aligned so that it is offset 8 metres from the existing kerb and channel on the western side of Kauri Street measured from the nominal face of the kerb. The new works must be extended to the north of the subject site and be generally in accordance with drawing number 2018068 – Dwg 04 of 24 titled External Works Layout Plan dated March 2019 prepared by 360 Civil Consulting and join smoothly with the existing formation.
In regard to the Olivine Street frontage the new kerb and channel must be aligned at about 12m offset from and parallel to the property boundary and must extend for the full frontage of the subject site. The works shall include suitable tapers extending beyond the frontage of the subject site to smoothly join to the existing pavement.
The works (Kauri Street, Olivine Street and the intersection) must include suitable drainage structures and stormwater collection to ensure that runoff from the road formation is collected, controlled and directed to ensure that the roadway is safely trafficable and must be in compliance with the relevant sections of the Queensland Urban Drainage Manual (QUDM).
As part of the application for operational works, the developer’s civil engineering consultant shall investigate and report on the possible deficiencies in the existing stormwater system, to the western end of Agate Street and including inspection by closed circuit television (CCTV) of the existing stormwater system. The developer is required to rectify any deficient stormwater pipes or structures extending from the development frontage down to and including the manhole downstream of the 600x1200 box culvert which crosses Kauri Street.
The design and construction of all works shall be carried out in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks and the applicable engineering standards current at the time of construction.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
22.	All associated and ancillary work including pavement correction to the existing pavement, drainage works, modification of the footpath, and adjustments to the existing infrastructure must be undertaken to complete the roadworks widening and must be carried out in accordance with the applicable engineering standards and the tree retention requirements of this approval.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works
23.	The applicant must truncate the boundaries at the intersection of Kauri Street and Olivine Street and dedicate the truncated section as “Road”. The truncation must be in accordance with Council’s Planning Scheme Policy PSP 5 – Engineering Design Standards- Roads, Drainage and Earthworks part 3.13 (g). The dedication must be undertaken at no cost to Council.
Pathway and Frontage Works
24.	A new 2.0m wide concrete path must be constructed along the Kauri Street and Olivine Street frontages of the site in accordance with an Operational Works approval and to a desirable and smooth alignment for the comfort of users and protection of trees identified in this permit for retention. The new path must be in compliance with IPWEAQ standard drawing SEQ R-065 Concrete Pathway Construction Details. The works must be provided as part of Stage 1 of development and include:
24.1.	A sufficient number of pram ramps to be provided near the intersection of Kauri Street and Olivine Street where identified by Council to connect to existing and proposed pathways network.
24.2.	A pedestrian pathway connection 1.5m wide from Kauri Street’s public pathway into the development site to be located north of proposed Unit 9.
The above condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
25.	All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
26.	Footpath improvements such as topsoiling, grassing, tree retention and tree planting are required to the Kauri Street and Olivine Street frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines and in compliance with Operational Works approval.
27.	The new path and frontage works must generally match the existing adjoining surfaces without causing a trip hazard and extend beyond the frontage where necessary to join and taper smoothly with any existing adjoining path and surfaces.
Stormwater Drainage
28.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual (QUDM) and the design be prepared and certified by a Registered Professional Civil Engineer, and must include/address in particular the following:
28.1.	Collection and discharge of stormwater to Council’s existing drainage system in Kauri Street generally in accordance with Drawing No 2018068-P01 dated 12/09/2018 by 360 Civil Consulting and including the provision of any required inter-allotment drainage within the site.
28.2.	Must be no net increase in the rate of stormwater runoff from the current undeveloped condition of the site.
28.3.	Where applicable, extension of the site stormwater system to accommodate stormwater from external adjoining properties, including registration of drainage easements.
28.4.	The use of gravity stormwater drainage and not surcharge pits.
A CCTV inspection must be carried out by a Council approved CCTV contractor upon satisfactory completion of construction works that are to become a Council asset. The developer will be responsible for the full cost of CCTV inspection, including any additional inspection necessary following defect identification and rectification.
Easements
30.	Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
31.	All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
32.	All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks
33.	All earthworks must be undertaken in accordance with a development permit for Operational Works and in compliance with the provisions of AS 3798: Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ supervision Test results as required by AS 3798 and/or the directions of the supervising engineer. A certification of the earthworks must be provided by a RPEQ and submitted to Council prior to the final inspection of the completed works by Council.
34.	Earthworks works required on site must be carried out so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
35.	Earthworks carried out on site must not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site. Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard any fences to be replaced must be clearly shown on the plans submitted for Operational Works approval.
36.	All earthworks and any associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
37.	Where the development involves changes to the existing levels over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level or as required by the service provider and/or the approved plans for Operational Works.
38.	All retaining walls and stormwater headwalls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Erosion and Sediment Control
39.	Any person acting on this permit must prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans prepared by suitably qualified person detailing the methods and measures of controlling erosion and sediment are required to be submitted to the Council in conjunction with an application for the Development Permit for Operational Works.
Water & Sewer Connections
40.	An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
41.	A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Electricity and Telecommunication Services
42.	Underground reticulated electricity and telecommunication services must be provided to the development site in accordance with an approval for Operational Works and be in compliance with the standards and requirements of the relevant service provider.
43.	Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
44.	Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
45.	Conduits for electrical power or other services and connections proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or vegetation identified for retention must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
General - Engineering
46.	A suitably qualified Registered Professional Engineer must prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which must be submitted in conjunction with an application for a Development Permit for Operational Works. To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
47.	Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
LANDSCAPE & ECOLOGY
Landscaping & Vegetation Clearing
48.	The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Planning Scheme Policy 3 Landscaping Plants and Guidelines for Cooroy and must include in particular:
48.1.	Trees 1, 2 and 3 (Eucalyptus tereticornis) located in the road reserve and identified in the Arboricultural Impact Assessment Report by Consult Arborist Pty Ltd dated 16.01.2019 must be retained. A further arborist report based on the approved plans must be submitted for approval which details the methods for the retention of the trees.
48.2.	The further arborist report must assess the capacity to retain vegetation situated within the existing property boundary at the corner of Kauri and Olivine Streets.
48.3.	Provide landscaping plans using local native species that provide detailed sections and plan of a landscaped buffer to the building setback adjacent to Kauri and Olivine Street respectively to buffer the adjacent residential uses from the development.
48.4.	Provide 100L NATSPEC street trees every 8m of road frontage, positioned in a manner that supports adequate sightlines and maintains existing trees identified for retention in this permit.
48.5.	Provide details of internal landscaping to the development, including provision of suitable growing media and area to sustain landscaping, which will provide shading and soften the visual appearance of the development.
48.6.	Provide landscaping to each dwelling frontages and internal driveway networks to provide shade and visual amenity.
48.7.	Provide 1 suitable large canopy shade tree in the centre median near the 2 visitor car spaces at the Y junction located internal to the site.
48.8.	Provide details of the methods to be used during the vegetation clearing including the use of licensed spotter/catchers, disposal of cleared vegetation, methods to ensure retained vegetation is protected from development works, in particular where works are proposed adjacent to root zones of vegetation located on the road reserve with reference to current AS 4970-2009 Protection of Trees on Development Sites.
49.	The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.

ENVIRONMENTAL HEALTH
Waste Management
50.	The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
51.	Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Mechanical Equipment
52.	Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
a.	Air-conditioning and Refrigeration
	7am to 10pm: Maximum background + 5dB(A)
	10pm to 7am: Maximum background + 3dB(A)
b.	Pumps
	7am to 7pm: Maximum background + 5dB(A)
	7pm to 10pm: Maximum background + 3dB(A)
	10pm to 7am: No audible noise.
53.	The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice
referral agencies
Not Applicable
advisory notes
Building and Construction Industry (Portable Long Service Leave) Levy
Where applicable, the QLeave levy must be paid prior to the issue of a development permit. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact numbers: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development.
Adequate parking arrangements for construction workers.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Minimising environmental impact including dust and noise emissions.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the adjoining owners, emergency services and affected local businesses as required to advise of construction times, impacts on traffic and services and other relevant issues.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
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 (ACH Act).
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 ACH 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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued 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 Operational Works	Access and Carparking, Stormwater Drainage, Landscaping, Earthworks, Roadworks and Frontage Works
Development Permit for Building Works	Building Works
submissions
There were 3 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice -21 February 2019
Negotiated Decision Notice – 16 May 2019, with an amendment to conditions 21 & 29
Decision Notice - Minor MCU18/0165.01 - with an amendment to conditions 2, 14, 15 & 24

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Lillian Petrovi & Nathan Jack McCrea	PO Box 1357 Noosaville BC Qld 4566	[email protected]
Paul, Julie and Cali Quincy	15 Olivine St Cooroy Qld 4563	[email protected]
Debra Fernandez	9 Olivine St Cooroy Qld 4563	[email protected]

	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/footer1.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 13

[word/footer2.xml]
Page 11 of 11

[word/footer4.xml]
Page 13 of 13

[word/footer5.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 12

[word/footer6.xml]
Page 2 of 3

[word/header6.xml]
3

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


[Attachment: image2.png (image text)]
ee) NOOSA COUNCIL