Extension to Currency Period Refusal MCU11 0266.03

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU11/0266.03
Your Reference:	n/a
22 September 2020
Andema Pty Ltd TTE
C/- Connor O'Meara Solicitors
Level 4, 10 Eagle Street
BRISBANE  QLD  4000
[email protected]
Dear Sir
Extension to Currency Period
Planning Act 2016
I refer to your application received on 4 June 2020, requesting to extend the currency period for an existing development approval. Council on 17 September 2020, decided to refuse your request.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU11/0266.03
Street address:	6 Heron St Peregian Beach Qld 4573
Real property description:	Lot 69 P 9313
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
In relation to the request to extend the currency period to the existing approval, Council on 17 September 2020 decided to refuse the request to extend the currency period. Reasons for refusal are detailed below.
reasons for refusal
1.	The proposed development is contrary to the Overall Outcomes 7.7.2 g), jj) and oo) and Specific Outcomes O6 and O12 of the Eastern Beaches Locality Code of the Noosa Plan 2006 as:
i.	The proposed development does not incorporate a pitched or curved roof form, exceeds the maximum plot ratio for the Neighbourhood Centre Zone and results in a building scale which is not compatible with surrounding development and which presents an appearance of excessive bulk to adjacent properties, roads and the village green.
2.	The proposed development is contrary to the Purpose, Overall Outcomes and Performance Outcomes PO11 and PO12 of the Local Centre Zone of the Noosa Plan 2020 as:
i.	The proposed development is not small in scale in the context of Peregian Beach village, exceeding the maximum plot ratio of the site and will result in a building which is not compatible with the scale of surrounding development and presents a bulky appearance adjacent properties, roads and the village green.
ii.	The proposed development does not provide a 2 metre setback to the village green and maintain the visual continuity and pattern of buildings fronting the village green and consequently will impact on the area’s amenity.
3.	The proposed development is contrary to the Purpose and Overall Outcomes and the Performance Outcome PO3, PO7 and PO10 of the Coastal Communities Local Plan Code of the Noosa Plan 2020 as:
i.	The proposal does not retain and enhance the built form of streetscape character of the centre as the scheme has excessive plot ratio and site cover, and proposes inadequate setbacks to the village green.
ii.	The proposed development does not provide varied roof forms and variations in projected and recessed elements and facades.
iii.	The proposed development does not respect the scale and character of development on adjoining sites and is not sympathetic to the coastal village character of the local centre.
4.	It is unlikely the proposed development can proceed as approved as it makes no allowance for equitable access to level 1 and the roof terrace contrary to the Building Code of Australia and the Disability Discrimination Act 1992.
referral agencies
Not Applicable
advisory notes
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights

	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]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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