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Minor Change Existing Approval 132008 478 02 {As Published}
Officer: Maxwell Potter
Direct Telephone: 07 5329 6334
Our Reference: 132008.478.02
Your Reference: n/a
18 May 2021
Greenline Group Pty Ltd
3 Ball Place
EAST WAGGA NSW 2650
[email protected]
Dear Geoff,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 February 2021, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132008.478.02
Street address: St Teresa's Catholic College
45 Sea Eagle Dr Noosaville Qld 4566
Real property description: Lot 801 SP 153455
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 13 May 2008
Development Permit for Material Change of Use of Premises – Education Type 2 - School
In relation to the request to make a minor change to the existing approval, Council on 18 May
2021, decided to approve the requested changes. The changes are detailed below.
A. Approve the change
B. Amend condition 1
C. Include condition 61
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 4 years starting the day that the original
development approval (132008.478) took effect.
4. ASSESSMENT MANAGER CONDITIONS
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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Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans or development. The approved plans are numbered:
Plan / Rev. Plan / Document Name Date
Document
No.
SD 01 Master Plan & Site Plan - Onedegree 11 February 2008
SD 02 GLA’s – Ground Floor Plan – 11 February 2008
Onedegree
SD 03 GLA’s – Upper Floor Plan – 11 February 2008
Onedegree
SD 04 New GLA’s Elevations – Onedegree 11 February 2008
SD 05 Library – GLA converted to a/v – 11 February 2008
Onedegree
SD 06 Administration – Temp GLA 11 February 2008
converted to admin – Onedegree
SD 07 Catering – Temp GLA converted to 11 February 2008
Home Management – Onedegree
April 2020
DD0.02 C Site Setbacks Plan, prepared by Tim 10/02/20
Ditchfield Architects
DD1.01 C Proposed Assembly Hall 10/02/20
Extension/Renovation, prepared by
Tim Ditchfield Architects
DD1.02 C Proposed Lecture Theatre Floor 10/02/20
Plan, prepared by Tim Ditchfield
Architects
DD1.03 C Proposed Assembly Hall Roof Plan, 10/02/20
prepared by Tim Ditchfield Architects
DD1.04 C Proposed Lecture Theatre Roof 10/02/20
Plan, prepared by Tim Ditchfield
Architects
DD2.00 C Proposed Assembly Hall 10/02/20
Extension/Renovation Elevations,
prepared by Tim Ditchfield Architects
DD2.01 C Proposed Lecture Theatre 10/02/20
Elevations, prepared by Tim
Ditchfield Architects
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DD2.02 C Proposed Northern Boundary 10/02/20
Elevation, prepared by Tim Ditchfield
Architects
DD3.00 C Proposed Typical Sections, 10/02/20
prepared by Tim Ditchfield Architects
DD4.01 C 3D Views 1, prepared by Tim 10/02/20
Ditchfield Architects
May 2021
DG-500-001.1 C PVC Barrel Vault Double Basketball 10.03.2021
Courts, prepared by Greenline
DG-500-001.2 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Site Plan, prepared by
Greenline
DG-500-001.3 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Design Considerations,
prepared by Greenline
DG-500-001.4 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Setout Plan, prepared by
Greenline
DG-500-001.5 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Structure Plan, prepared by
Greenline
DG-500-001.6 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Elevations, prepared by
Greenline
DG-500-001.7 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Existing Conditions, prepared
by Greenline
DG-500-001.8 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Site Access and Security,
prepared by Greenline
DG-500-001.9 C PVC Barrel Vault Double Basketball 10.03.2021
Courts Roof Plumbing Plan,
prepared by Greenline
DG-500- C PVC Barrel Vault Double Basketball 10.03.2021
001.10 Courts Stormwater Drainage Plan,
prepared by Greenline
DG-500- C PVC Barrel Vault Double Basketball 10.03.2021
001.11 Courts Illuminance Plan, prepared
by Greenline
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DG-500- C PVC Barrel Vault Double Basketball 10.03.2021
001.12 Courts Electrical Plan, prepared by
Greenline
2. This approval is for the fifth stage of the school which includes an extension to the
multipurpose hall and a lecture theatre and shall not exceed 74 staff on site at any one time
and a maximum of 740 students in total for stages 1, 2, 3, 4 and 5.
3. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
4. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscaped plan. Such landscaping is
to be completed prior to the premises being occupied and maintained at all times thereafter.
5. Any persons attending the school for an evening function shall be encouraged to park in the
southern car park to minimise disturbance to residents in Alyxia Court.
6. Any fencing provided in conjunction with the development is to be setback an average of 2
metres to any road frontage, apart from pipe rail and powder coated chain wire, which may
be erected on the property boundary. Dense landscaping shall be provided to a minimum
width of 2 metres between the fence and the buildings/car park area.
7. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained.
8. Any advertising sign or device is to comply with the provisions of Council’s policies on
advertising.
9. The buildings shall not exceed a maximum building height of 8 metres and 2 storeys except
for the multipurpose hall which must not exceed 10 metres measured in accordance with the
Planning Scheme.
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted, to secure performance of all conditions of this approval, prior to 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.
11. 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.
Land Development
12. The applicant shall undertake works in accordance with the approved Management Plans for
the site including the Environmental Management Plan and Stormwater Quality Management
and Assessment Report prepared by Callaghan & Toth. If the approved management plans
do not incorporate the works proposed for Stage 4 amended management plans shall be
submitted with inclusion of issues for Stage 4 for approval prior to submission of Operational
Works application.
13. The Developer shall continue monitoring water quality in the gully for a period of 3 years from
completion of the final stage of construction.
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14. For a year in which the rainfall is the median of wetter than average years or the median of
dryer than average years for the locality, the operator of the School shall demonstrate via a
mass water balance approach that the effective hydrologic cycle (i.e. the annual amounts of
surface water runoff and groundwater recharge) of the catchments of the significant gully on
the site will not change by more than 10% from their present condition, taking into
consideration the volumes of water harvested in rainwater tanks and reused for in-house
purposes, that is captured and infiltrated via water sensitive urban design measures and also
the external water imported to the site via the piped potable supply.
15. The Developer is to install water quality control devices generally in accordance with the
Stormwater Management Plan. Detailed staging plans and specifications, based on and
generally in accordance with the Plan are to be prepared and submitted (after consultation
with officers of the Council) with the relevant applications for operational works.
16. The Developer is to complete the drainage works progressively in conjunction with
development of the site and generally in accordance with the approved Stormwater
Management Plan. Detailed drainage plans and specifications, based on and generally in
accordance with the approved Drainage Plan, the EMP and these Conditions, are to be
prepared and submitted (after consultation with officers of the Council) with the relevant
applications for operational works.
17. All drainage works as required by the Drainage Plan are to be provided by the developer at
its own cost.
Vehicle Access
18. Vehicular access to the carparking for Stage 5 of the development shall be via the existing
access driveways constructed as part of the previous stages 1-4.
Car Parking
19. Carparking shall be provided within the site generally as shown on drawing Master Plan &
Site Plan SD-01 ‘St Teresa’s Catholic College Stage 5’ dated February 2008 and prepared
by Onedegree, except as modified herein.
20. A minimum of 148 uncovered carpark spaces shall be provided in total.
21. The new carparking area and driveway shall be designed to comply with the provisions of
AS/NZS 2890.1-2004 for user class 3 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.
22. The car park and aisles will be constructed with an asphaltic concrete seal that complies with
Council standards. No gravel-surfaced areas are permitted. The car park will also include
stormwater treatment measures in accordance with the approved Stormwater Management
Report.
23. All carparking shall be kept, maintained and line-marked in a condition fit for use.
24. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
Vegetation Protection & Preservation
25. During construction, all vegetation being retained shall be fenced during construction to
ensure trees are not damaged.
26. All underground services, drainage, footpaths, bikepaths, roads and other site works shall
be located to minimize adverse impacts on retained vegetation, particularly their root
systems. This will also require the location of the site office and the materials storage area
to be agreed with by Council’s Construction Technical Officer Development.
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27. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement
shall be constructed so as not to damage the tree or their root system and in this regard
temporary fencing shall be provided around the trees during construction to help protect
them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit
for Operational Works.
28. Prior to entering the site, all construction machinery and vehicles shall be washed down to
remove soil that may contain weed seeds, soil pathogens and pest species.
Roof Water & Stormwater Drainage
29. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site. Stormwater drainage will be in accordance with the
approved Stormwater Management Plan.
30. To ensure that polluted runoff does not enter Council’s stormwater drainage system,
stormwater runoff from car parking areas and the driveways must be in accordance with the
Integrated Water Management Plan, prepared by Callaghan & Toth dated February 2020,
the planning scheme and in compliance with the relevant and applicable standards and
guidelines.
31. All site stormwater drainage shall be by means of a gravity system.
32. A minimum flor level freeboard of 0.3m shall be provided for buildings and storage areas
above the top water level of the stormwater overland flows.
33. An easement for drainage in favour of Council for any external drainage systems that need
to discharge onto the site shall be created over the full length and width of major storm event
surface flow paths within the site at no cost to Council. A dealing number for registration of
the easement shall be obtained from the Land Titles Office before occupation of the site.
Sewer Mains & Town Water Supply
34. The site shall be connected to Council’s existing sewerage reticulation systems at no cost to
Council.
35. Detailed design drawings and calculations shall be submitted with an application for a
Development Permit for Plumbing Works in respect of water or sewer works. To avoid conflict
with other underground pipes or services, all existing and proposed services required by the
development shall be shown on the plans.
36. The alignment of the sewers will need to consider significant vegetation and where possible
avoid interfering with its root systems. This may require changes to the alignment shown and
more manholes.
37. The site shall be connected to Council’s existing town water supply at no cost to Council.
38. Fire hydrants are to be provided throughout the development generally in accordance with
Council and Queensland Fire Service standards. Any requirements of the “Fire Management
Plan St Teresa Catholic School” by Rob Friend & Associates Pty Ltd dated October 2003
shall also be implemented. Service conduits shall be provided to ensure a connection is
available.
Earthworks
39. Fill imported to the site may only be from a site licensed with The Environmental Protection
Agency or from a site for which a Development Permit for Operational Works has been issued
approving the export of fill.
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40. Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
Q8A. A registered practicing Geotechnical Engineer shall supervise all the placement of fill
and shall certify that all lots have been compacted to the required standard. Any existing fill
on the site that does not comply with Council’s requirements shall be removed at the direction
of the Manager - Land Development prior to additional filling works commencing.
41. Prior to excavating any material to be used for fill on this site, a Development Permit for
Operational Works shall have been obtained for the site from which the excavated material
is taken. A soil report shall be submitted with the application certifying that the material is
free of acid sulphate soils and other deleterious materials.
42. Filling works required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses. Detailed site surveys indicating natural surface levels and contours of the
adjoining properties must be provided with the application for a Development Permit for
Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design
storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the
Drainage of Water encompassing the drainage pipes or overland flow-path will also be
required. In this regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater
will occur on the adjoining properties the requirement for the drainage pipes, overland flow-
path and easement shall not apply.
43. Earthworks carried out on site shall 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 shall be replaced prior to the Building Certifier issuing the Certificate of
Classification. In this regard any fences to be replaced shall be clearly shown on the plans
submitted for Operational Works approval.
Erosion and Sediment Control
44. Detailed staged Sediment and Erosion Control Plans are to be prepared for the site and shall
be prepared to the reasonable satisfaction of Council and be generally in accordance with
the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and
Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document.
The sediment and erosion plans shall cover all development on site (during the construction
and establishment phases) including rehabilitation and remediation. The focus of the
sediment and erosion control plans should be to control construction phases. The
Stormwater Management plan for the site shall include a section addressing erosion and
sediment control during the operational phase. Council officers require a wash down area for
construction vehicles. Erosion and sediment control plans shall be submitted with
Operational Works and shall be prepared to the reasonable satisfaction of Council.
45. Any person acting on this permit shall 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 detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works.
Contributions Towards Council Infrastructure
46. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
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Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $2,397
PSP16 – Sewerage Headworks Contributions $47,575
PSP17 – Water Supply Headworks Contributions $50,536
PSP20 – Pathway Trunk Network Contributions $2,422
TOTAL Contribution Amount = $102,930
Please note, that these amounts are all subject to variations in the Consumer Price Index,
All Groups Brisbane from March 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational
Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee
in full.
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the paid contributions and/or the trading bank guarantee will be returned.
General
47. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works that will become Council infrastructure, which
shall be submitted in conjunction with an application for a Development Permit for
Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
cadastre layout is to be submitted in conjunction with any application for Operational Works.
48. Digital detailed designs including drawings, calculations, specifications etc, shall be
submitted with any application for a Development Permit for Operational Works in respect of
roadworks and stormwater drainage works. The design shall be in accordance with Council’s
Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and
Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shall be shown on the plans.
49. To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).
50. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
51. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
52. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Environmental Health
53. Where any food premises is included in a development, the following is required:
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53.1. Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
53.2. A statement indicating the purpose of the food premises, type of food sold, proposed
menu and maximum number of patrons at any time, is to accompany the application
for plan approval.
53.3. Construction and use of the food premises should comply with Council’s Food
Premises Policy and the Food Safety Standards. (Both available from Council)
53.4. Toilets for customers and staff to be provided in accordance with Building Code of
Australia. Obtain advice from a building certifier on numbers and standards, including
disable access.
53.5. Plans and approval is required for any mechanical exhaust ventilation system, which
should comply with AS1668. A certificate from the installer certifying the system
complies with the Standard must be obtained and lodged with Council prior to
commencement of trade.
53.6. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food License from Council, prior to use of those premises.
54. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
ENGINEERING CONDITIONS - 20 APRIL 2020
Bioretention Basin - Construction
55. Stormwater management system, recycling and water quality treatment system must be
upgraded and provided generally in accordance with the submitted document titled
Integrated Water Management Plan, prepared by Callaghan & Toth, Ref No:1923 IWMP.doc
Rev 0, dated 17 Feb 2020; and in compliance with the relevant and applicable standards and
guidelines.
56. The refurbished biobasin and associated structures, batters, drainage pipe works and
maintenance access must be upgraded in accordance with the document Construction and
Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design,
2009) and in compliance with an engineering design and details prepared and certified by
suitably qualified RPEQ. A copy of the certified engineering design must be provided for
Council records.
57. During construction and establishment of the biobasin device, the supervising RPEQ must
ensure that the device is constructed in accordance with the document Construction and
Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design,
2009) and that the forms contained in section 3.15 including the associated supporting
information and data are completed. These forms and certification from the RPEQ that the
device has been constructed in accordance with the Construction and Establishment
Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009), and the
certified engineering drawings of the completed works must be submitted to Council prior to
the issue of the final Building Certification.
58. A construction hold point with the supervising RPEQ must be established once the
bioretention device underdrainage pipe work is installed. At the time of inspection, a sample
of the drainage layer, transition layer, and filtration media materials must be stockpiled on-
site. Laboratory results must be provided for the filter media which demonstrate that the
media complies with the specifications contained in the latest version of the “Guidelines for
Soil Filter Media in Bioretention Systems” (produced by the Facility for Advancing Water
Biofiltration) and that the minimum hydraulic conductivity specified on the certified
engineering plans will be achieved. In addition, laboratory results must be provided
demonstrating that the transition layer and drainage layer meet the following bridging criteria:
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a. D15 (drainage layer) ≤ 5 × D85 (transition layer)
b. D15 (transition layer) ≤ 5 × D85 (filter media)
Laboratory results and the hold point inspection document including photographs must be
provided for Council records.
59. Prior to the issue of the final Building Certification, Council must receive certification by the
supervising RPEQ confirming that the completed works of the biobasin are carried out in
accordance with the relevant standards and guidelines to achieve the design criteria and the
desired treatment outcome. Where necessary in-situ hydraulic conductivity testing should be
conducted in accordance with the instructions and recommendations of the certifying RPEQ
and the requirements of FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic
Conductivity Belinda Hatt, Sebastien Le Coustumer April 2008 for the bioretention filter
media.
Fencing and Maintenance to the Biobasin device
60. Durable powder coated steel fencing or similar must be provided along the length of the top
of any retaining wall of the bioretention device that poses trip or fall hazard and in accordance
with the certified engineering design and/or the written instruction supervising engineer.
An unobstructed maintenance access to the biobasin must be provided in accordance with the
certified engineering design and/or the written instruction supervising engineer.
NEW CONDITION 18 MAY 2021
Stormwater Management
61. Runoff from outlets of the downpipes of the shade sails must not exceed the available
capacity of the drainage systems the downpipes are directed towards. To achieve this, a
100% pervious roof must be installed or alternatively prior to the issue of a Development
Permit for Building Works provide to the satisfaction of Council:
a) Certification from a suitably qualified and experienced RPEQ engineer who is familiar
with the existing drainage system and approved Integrated Water Management Plan for
the site prepared by Callaghan and Toth for the Corporation of the Trustees of the Roman
Catholic Archdiocese of Brisbane, February 2020 (Ref 1923 IWMP.doc), that the
additional 265m2 of catchment directed to the western concrete lined spoon drain and
additional 380m2 directed to the outlet into the drain that receives flows from the eastern
catchment will not exceed the capacity of those respective existing drainage systems;
and
b) Design and certification by a suitably qualified and experienced RPEQ engineer (i.e.
including who is familiar with the existing drainage system and approved Integrated
Water Management Plan for the site prepared by Callaghan and Toth for the Corporation
of the Trustees of the Roman Catholic Archdiocese of Brisbane, February 2020 - Ref
1923 IWMP.doc) of any works necessary to increase the capacity of the drains that
receive discharges from downpipes, to facilitate their free drainage towards the bio
retention basin, and incorporation of appropriate scour protection in line with QUDM and
Noosa Plan PSP6 Engineering Design Standards where necessary to prevent scour.
5. REFERRAL AGENCY CONDITIONS
Not Applicable
6. REFERENCE DOCUMENT
Plan No. Rev. Document Name Date
Job No. 1923 Integrated Water Management Plan, February 2020
prepared by Callaghan & Toth
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7. ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
The applicant is advised that development contributions and infrastructure charges applicable to
this development approval have been based on the following Uses Class/ Uses and applicable
quantities:-
Existing Development Approved Development
Existing Use Class Approved Use Approved
Existing Quantity
/ Use Class / Use Quantity
Education Type 2 - 631 students Education Type 2 - 740 students
School (7351m² use area) School (8183m² use area)
1. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $87,778 and is subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2008 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
2. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
3. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
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 3238 3838 to discuss any
obligations under the ACH Act.
8. PROPERTY NOTES
Not applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable
10. SUBMISSIONS
Not applicable
11. 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.
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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.
12. 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,
Patrick Murphy
Coordinator Planning
Enc:
Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 13 May 2008.
Decision Notice - Minor 132008.478.01 – 20 April 2020, with an
amendment to conditions 1, 2, 9 & 30; additional conditions 55-60
and change to item 6
Decision Notice - Minor 132008.478.02 – 18 May 2021, with an
amendment to condition 1; additional condition 61.
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Document Set ID: 21473277
Version: 5, Version Date: 18/05/2021
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 21473277
Version: 5, Version Date: 18/05/2021