Refused Decision Notice RAL19 0008

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	RAL19/0008
Your Reference:	61101
25 May 2020
Murray & Michelle Richardson
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 21 May 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	RAL19/0008
Street address:	216 Black Mountain Road, Black Mountain Qld 4563
Real property description:	Lot 9 on RP131369
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Reconfiguring a Lot (1 lot into 2 lots)
reasons for refusal
Refuse the application for the following reasons:
The proposal does not comply with Overall Outcome 14.181.2a), c) and g) and Specific Outcomes O1 & O5 of the Reconfiguring a Lot Code, as proposed lot 2 does not meet the minimum lot size required, is not suitable for its intended use, with the proposed house site and access located on steeply sloping land.
The proposal does not comply with Specific Outcomes O15 and O77 of the Cooroy & Lake Macdonald Locality Code, as the proposal is not responsive to the natural topography, and proposes significant earthworks to create a house site.
The proposal does not comply with Overall Outcome 13.30.2a) and b) and Specific Outcomes O1and O2 of the Natural Hazards Overlay Code, as proposed lot 2 is located in a landslide hazard area and significant earthworks are proposed to create the house site potentially placing people and property at risk from future landslides. .
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Energex Town Planning GPO Box 1461  Brisbane QLD 4001 Ph: 36644815 Email:[email protected]	Schedule 10, Part 9, Division 2, Table 1 – Reconfiguring a Lot subject to an Easement	The agency provided its response on 23 April 2019 (Reference No. HBD 6597048). A copy of the response is attached
submissions
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:	Referral Agency Response
Appeal Rights

cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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]
Page 2 of 5

[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 5

[word/footer3.xml]
Page 5 of 5

[word/footer4.xml]
Page 7 of 7

[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 3

[word/footer6.xml]
Page 5 of 3

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


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


[Attachment: image5.png (image text)]
23 April 2019,

MP Richardson & MJ Richardson

Ci- Murray & Associates (Qld) Pty Ltd energex

Via email [email protected]

— _— Positive energy

ce Noosa Council

Via email: [email protected] au
Attention: Ben Thrower

Dear Callan,

Development Application — Reconfiguration of a Lot for 1 into 2 lots
located at 216 Black Mountain Rd Black, Mountain, described as Lot 9
RP 131369,

Applicant Ref: 61101

Council Ref: RAL19/0008

Our Ref: HBD 6597048

We refer to the above referenced Development Application which has been
referred to Energex Limited in accordance with the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. The below response
is provided in accordance with section 56(1) of the Planning Act 2016.

Should the Assessment Manager decide to approve the proposed
Reconfiguration of a Lot for 1 into 2 lots, as an Advice Agency for the
Application, Energex requires that the assessment manager impose the
following conditions:
1. This application is approved in accordance with the below referenced
plans. Any alterations to these plans before the development
‘application is decided are to be resubmitted to Energex for comment:

ace Lr)
fd os Pre

 

PLAN OF '61500_(Proposal ‘05/04/2018
DEVELOPMENT —_ | A)_Richardson.dwg

Proposed Subdivision

of Lot 9 on RP131369

2. Allleasement conditions must be maintained.

3. Services crossing Energex’s Easement F on SP143947 are to be
limited to underground services oniy.

‘We tell the Council to treat this response as a properly made submission.

Reference: HED 0507048

 

Corporate Oce
25 Redaci Sect
‘Newstead LD 4008
(GPO Bor 401
Sisbane 4001
“Telephone (07) 9068 4000,
Facsimile (07) 20056201,
rm energexcam au

Energex Limited
‘ABN 20078849 055

 


[Attachment: image6.png (image text)]
‘Should you require any further information on the above matter, please contact Angela
Collins on (07) 3664 5057.

Yours faithfully,

‘Angela Collins
‘Senior Planner

Reference: HB0 0597042

Did you know Energex has 2 referal website?
nth energex com authomslourssrses|connastoraldevelopment spplcstion referrals