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Extension to Currency Period - Approved 132008.176.04 [AS PUBLISHED]

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                                                              Officer:            Nadine Gorton
                                                              Direct Telephone:   07 53296215
                                                              Our Reference:      132008.176.04
                                                              Your Reference:     n/a

                 24 October 2024


                 Calile Malouf Investments Pty Ltd
                 C/- Project Urban
                 PO Box 6380
                 MAROOCHYDORE QLD 4558

                 [email protected]



                 Dear Sir/Madam,
                                            Extension to Currency Period
                                                       Planning Act 2016

                 I refer to your request received on 6 April 2022, to extend the currency period for an existing
                 development approval. On 17 October 2024, Council decided to approve your request.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:           132008.176.04

                     Street address:           3 & 7 Serenity Cl Noosa Heads Qld 4567

                     Real property description: Lot 11 SP 195871 & Lot 10 SP 335472

                     Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval was issued on 8 April 2010
                 •       Development Permit for Material Change of Use – Resort Development comprising
                         Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90
                         Accommodation Units) and Ancillary Facilities to be assessed against the Superseded
                         Planning Scheme
                 In relation to the request to extend the currency period for this approval, Council on 17 October
                 2024, decided to extend the currency period as detailed below.
                 A.      Approve the extension to currency period for a further 6 years expiring on 17 October
                         2030.
                 3.      CURRENCY PERIOD OF APPROVAL

                 The currency period ends for this development approval on 17 October 2030.




                 ABN 97.969.214.121                                                                      PO Box 141
                 noosa.qld.gov.au                                                                 Tewantin QLD 4565
                 [email protected]                                                                 07 5329 6500
Document Set ID: 23307313                                                                                    Page 1 of
                  20Date: 24/10/2024
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                 4.     ASSESSMENT MANAGER CONDITIONS

                 Approved Plans
                 1.     Development undertaken in accordance with this approval must generally comply with
                        the approved plans of development. The approved plans are prepared by DBI Design
                        Pty Ltd and are listed in the following table:

                                Plan No.    Rev.          Plan / Document Name                    Date

                              A-SD-1.100     G      Site Plan Level 0 Basement Level        25 August 2009
                                                    Carpark

                              A-SD-1.101     G      Site Plan Level 1 Lower Ground          25 August 2009
                                                    Level

                              A-SD-1.102     G      Site Plan Level 2 Ground Entry Level    25 August 2009

                              A-SD-1.103     G      Site Plan Level 3                       25 August 2009

                              A-SD-1.104     G      Site Plan Level 4                       25 August 2009

                              A-SD-1.105     G      Site Plan Level 5                       25 August 2009

                              A-SD-1.106     G      Roof Plan Level 5                       25 August 2009

                                   4.31       -     Elevations                                      -

                                   4.32       -     Elevations                                      -

                                   4.33       -     Elevations                                      -

                                   4.34       -     Elevations                                      -

                          and as may be amended by the conditions herein.
                        General
                 2.     All relevant conditions of Development Permit 23118 DA and the approved Management
                        Plans for the site shall be complied with prior to the commencement of the approved
                        use.
                 3.     The units are to be used for short-term accommodation only and shall not be
                        permanently occupied or permanently let. The Community Management Statement for
                        any Bodies Corporate associated with the accommodation units shall clearly state this
                        requirement.
                 4.     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.
                 5.     The buildings shall be finished in natural, muted tones. Architectural renderings
                        demonstrating compliance shall be submitted for Council approval prior to the approval
                        of a Development Permit for Operational Works.
                 6.     Any deck or balcony areas shall not be fully enclosed with shutters, glass panelling or
                        the like, thus remaining open structures.




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                 7.     Any rooftop plant or mechanical equipment extending more than 1 metre above the
                        roofline shall be screened using lightweight screening materials that visually integrate
                        with the building design.
                 8.     Balustrade materials visible from the street frontages shall be clear or translucent.
                        Amended Plans
                 9.     Prior to the issue of a Development Permit for Operational Works amended plans shall
                        be submitted for Council Approval indicating:
                        a.      The 3rd and 4th storeys of the development shall be amended to remove the
                                encroachment within the 10 metre setback to the Banksia Avenue frontage and at
                                the corner of Serenity Close and Banksia Avenue.
                        b.      The basement car parking level adjacent the corner of Serenity Close and Banksia
                                Avenue shall be amended to provide a minimum 6m setback to the frontage to
                                allow for deep plantings to be established.
                        Building Height
                 10.    The finished height of the building, including any rooftop plant or structures, shall not
                        exceed 15 metres above natural and finished ground levels.
                 11.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
                        certificate lodged with Council at completion of work confirming compliance with the
                        maximum allowable building height as required by either the conditions of approval or
                        the Planning Scheme.
                        Operating Hours & Deliveries
                 12.    The restaurants and bar are to operate between the hours of 6am and 12pm only.
                 13.    Business deliveries are to be undertaken between the hours of 6am to 7pm Monday to
                        Saturday and 8am to 5pm Sunday only.
                 14.    Service vehicles shall not attend the site outside the hours of 8am to 5pm.
                        Vegetation
                 15.    Existing trees on the site and within road reserves are to be retained except where
                        required to be removed due to building operations, requirements of the approved
                        Settler’s Cove Management Plans or the conduct of the approved use.
                 16.    The Koala and Glossy Black Cockatoo habitat trees identified for retention on plan L-
                        SD-1.01 (Rev. A) dated August 2009 by DBI Design Pty Ltd shall be retained.
                 17.    The existing Koala and Glossy Black Cockatoo habitat trees and any other trees within
                        setback and open space areas to be retained must be protected. As building works are
                        likely to impact the trees’ root zones, a qualified Arborist (having a minimum Diploma of
                        Arboriculture or ISA certification and a minimum of three years’ field experience) must
                        be contracted to prepare a Tree Management and Protection plan and shall:
                        a.      oversee installation of a hard temporary protection zone prior to commencement
                                of works with ‘no go’ signage in accordance with AS 4970-2009. All site workers
                                must be inducted in relation to the tree protection;
                        b.      supervise any works within the temporary protection zone;
                        c.      undertake hazard reduction and formative pruning as necessary; &
                        d.      provide certification that the trees were protected in accordance with the Arborist’s
                                recommendations.
                        The Tree Management and Protection Plan Shall be presented prior to or at the pre-
                        start meeting for the site.




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                        The Arborist shall monitor the health and structural integrity of the trees to be retained
                        at least monthly during the construction period and quarterly for 12 months after
                        construction is completed. The developer shall rectify any decline in the health or
                        structural integrity of the trees, in accordance with the Arborist’s recommendations.
                 18.    Cleared vegetation is to be suitably processed by one of the following methods and
                        removed from the site:-
                        a.      Re-use for building materials.
                        b.      Processing through a woodchipper or shredder. The resulting mulch is to be
                                stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5 metres
                                high with a minimum of 10 metres between edges of heaps.
                        c.      Disposal for firewood.
                        d.      Disposal for landscaping purposes.
                        e.      Transport to alternative site for breaking down materials provided that all
                                necessary permits have been obtained to allow the alternate site to be used for
                                this purpose.
                        The disposal method for clearing works is to be submitted in conjunction with an
                        application for a Development Permit for Operational Work. The Applicant is advised
                        that other methods may be considered provided full details of the method are submitted.
                        The Applicant is advised that burning off is an unacceptable method of disposal.
                        Fauna Spotter
                 19.    The Applicant must conform to the requirements of the Fauna Management Plan
                        Settler’s Cove Development Pty Ltd, May 2005, (or later updated and approved
                        versions) and implement particularly section 3.4, and section 4.2. A fauna spotter shall
                        be employed to oversee the removal of any native trees within the site. Prior to felling or
                        lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums). If
                        wildlife species are present, the tree shall not be felled or lopped until the wildlife has
                        left the tree.
                        Landscaping
                 20.    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 qualifies Landscape Architect or Horticulturalist. Such landscaping is to be
                        completed prior to the premises being occupied and maintained at all times thereafter.
                        The Landscaping Plan shall include the following:
                        a.     Koala and Glossy Black Cockatoo food trees in accordance with the associated
                               Environmental Protection Authority (EcoAccess) approval conditions for the site
                               and the approved Settler’s Cove Ecological Restoration Plan and Landscape
                               Master Plan.
                        b.     Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
                               landscape plans and installed on existing trees to be retained.
                        c.     Vegetation to adequately screen and provide filtered views of the development,
                               including as viewed from Serenity Close and Banksia Avenue, and shade
                               hardscaped areas, with plantings to include significant canopy trees.
                        d.     A minimum of twenty-five (25) native trees of a minimum bag size of 400L to
                               replace existing trees to be removed the site’s frontage.
                        e.     Street trees to the frontage of the site at appropriate centres and to provide shade
                               to any existing pathways.




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                        f.     Replanting of street trees to median islands with Serenity Close where affected by
                               the development entrance/exit works; and
                        g.     Details of any proposed fencing.
                        h.     Koala friendly fencing and climbing poles to retaining walls to allow access to food
                               trees and through the site, where appropriate.
                        i.     Fencing to exclude koalas from pool areas, escape measures for pools and any
                               other identified koala friendly measures.
                        Fencing
                 21.    Any fencing provided in conjunction with the development is to be set back at least 1
                        metre from the road frontage with at least half of any fence set back 2 metres. Dense
                        landscaping is to be provided between the road frontage and any fencing.
                        Signage
                 22.    Any advertising sign or device is to comply with Council's policies on advertising.
                 23.    Construction signage, including that on hoardings and shade cloth but not including
                        statutory safety signage, shall not exceed a total of 20m2 for the site. Tower cranes shall
                        not include advertising signage or unnecessary lighting.
                        Bicycle Parking
                 24.    Secure bicycle racks shall be provided on site to accommodate a minimum of 28
                        bicycles. The cycle parking rack is to be made available for customers and staff of the
                        retail premises at all times during business hours.
                        End-of-Trip Facilities
                 25.    End of trip facilities shall be provided for staff and shall include:
                        a.      a minimum of eight (15) lockers; and
                        b.      a minimum of three male and three female shower cubicles with ancillary change
                                rooms.
                        Aternative Transport
                 26.    A shuttle bus with a minimum of 22 seats shall be provided and operated in conjunction
                        with the resort to ferry guests to local destinations to minimise traffic impacts on the local
                        area. Details of the proposed operation shall be submitted for Council approval prior to
                        the issue of a Development Permit for Operational Works.
                 27.    A minimum of 10 motor scooters shall be made available for use by resort guests, the
                        provision of which may be via a service agreement with a hire company
                        Energy & Water Efficiency
                 28.    All hot water systems installed shall be either solar systems; electric heat pump systems;
                        or gas systems (LPG or natural).
                 29.    All new kitchen, laundry and bathroom fittings shall comply with the AAA Water
                        Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products
                        - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage
                        Standard Part 1.2), or current equivalent standards as may apply, with toilets to comply
                        with the AAAA Water Conservation Rating System. All new tap ware and shower roses
                        shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines
                        are excluded from this requirement.




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                        Community Management Statement Requirements
                 30.    The Developer and all future owners of the site shall comply with the Environmental
                        Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance
                        with the EMP shall be referenced in any community management statement over the
                        site.
                 31.    The Fire Management Plan is to be implemented by the Developer and future owners
                        of the site and is to be referenced in any community management statement.
                        Development Permits
                 32.    The Developer must obtain all of the other Development Permits referred to in the
                        Decision Notice, prior to obtaining a Development Permit for Building Works.
                        Compliance Bond
                 33.    Security in the form of a cash bond or trading bank guarantee for the sum of $100,000
                        must be submitted 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.
                 34.    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.
                        Relevant Period
                 35.    The Development Permit for a material change of use lapses if the use has not
                        commenced by 17 October 2030, unless an application to extend the currency in
                        accordance with the provisions of the Sustainable Planning Act 2009 is approved by
                        Council.
                        Lot Amalgamation
                 36.    All separate, adjoining lots that form part of this application shall be amalgamated into
                        one undivided allotment in accordance with the Plan of Survey submitted for registration
                        at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
                        submitted to Council prior to the issue of the Development Permit for Operational Works.
                        Vehicle Access
                 37.    Vehicular access to the development shall be provided from the Serenity Close frontage
                        of the site generally in accordance with the architectural plans prepared by DBI
                        Architecture titled Development Application – RFI dated September 2009.
                 38.    The driveways shall be designed and constructed to Council’s design standards and to
                        grades that prevent vehicles from scraping and/or bottoming whilst also allowing
                        pedestrians movements along the footpath without any step or level difference. Should
                        any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004
                        and AS 2890.2-1989, Council will require that the driveway be removed and
                        reconstructed to levels that do comply.
                        Please note, a step between the driveway and the footpath shall be avoided, as it is
                        preferred to have the footpath continue at a constant grade to minimise the potential for
                        pedestrians to trip or fall.
                 39.    To ensure pedestrian safety between vehicles exiting the site and pedestrians on the
                        footpath, the driveway and any associated fencing or vegetation near the driveway shall
                        comply with the minimum sight line requirements as defined in AS/NZS 2890.1, section
                        3.2.4. The applicant shall demonstrate compliance by illustrating these sight lines on
                        the plans submitted for both Operational Works approval and Building Works approval.




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                 40.    All vehicles shall enter and leave the site in a forward direction.
                 41.    Vehicle egress from the basement car park shall be amended to provide an adequate
                        turning path for vehicles exiting onto Serenity Close.
                 42.    The manoeuvring area in the porte cochere area shall provide adequate space for
                        vehicles exiting the basement car park to pick up passengers from the Central Facilities
                        building entrance.
                        Loading Areas
                 43.    Loading areas shall be provided on site generally in accordance with the architectural
                        plans prepared by DBI Architecture titled Development Application – RFI dated
                        September 2009.
                        Car Parking
                 44.    Car parking for a minimum of 263 cars shall be provided within the site generally in
                        accordance with the architectural plans prepared by DBI Architecture titled Development
                        Application – RFI dated September 2009.
                 45.    A minimum of 80 car spaces shall be made accessible for staff, commercial customer
                        and visitor parking and shall not be dedicated for short or long-term residential parking.
                        The community management statement for any or all bodies corporate having control of
                        the resort or any part thereof shall incorporate this condition.
                 46.    A minimum of 28 motorcycle spaces (equivalent to 7 car spaces) shall be provided within
                        the site.
                 47.    The car parking area shall be designed to comply with the provisions of AS/NZS 2890.1-
                        2004 for user class 1a for resident spaces and user class 2 for visitor and function centre
                        spaces 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.
                 48.    The proposed turning areas at each level shall be line-marked with chevrons and have
                        the words “No Parking” painted on the pavement. A sign shall also be provided to
                        indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
                 49.    All car parking shall be kept, maintained and line-marked in a condition fit for use.
                 50.    All staff car park 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
                 51.    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) where possible to allow 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.
                 52.    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.
                 53.    Where retained tress are located in areas proposed to filled on site (or are located on
                        neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
                        material from being placed on the trees root system. To this end the design of the filling
                        works will need to incorporate terracing around the tree or a similar means of ensuring
                        that the natural ground level around the trees remains generally the same as existing.
                        These measures shall clearly be shown on the plans submitted for Operational Works




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                        approval and any drainage required to drain these areas shall also be shown on the
                        plans.
                        Roadworks
                 54.    All modifications to the existing median necessitated by the development shall be
                        designed and constructed in accordance with Council’s Planning Scheme Policy 5 –
                        Engineering Design Standards – Roads, Drainage and Earthworks.
                        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.
                        Frontage Works
                 55.    Footpath improvements such as topsoiling, grassing, and tree planting are required to
                        the Serenity Close and Banksia Place frontages of the site in accordance with Planning
                        Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass shall be couch, free of
                        weeds.
                 56.    All redundant vehicular crossings to the site shall be removed and replaced by kerb &
                        channel, footpath paving and landscaping such as trees and grasses in accordance with
                        Council’s Standard specifications prior to commencement of the use permitted by this
                        permit.
                        Roof Water & Stormwater Drainage
                 57.    Roof runoff from any new building shall be directed to a rainwater storage system or
                        tank that is installed to ensure water from the rainwater storage system or tank is used
                        for external uses (such as watering gardens, irrigation, ornamental ponds, water
                        features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground
                        floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be
                        designed and installed in accordance with the Queensland Development Code (QDC)
                        current at the time of building approval, and shall be part of the plumbing application for
                        approval. The location and capacity of the tanks shall be clearly shown on the plans
                        submitted for Building Works/Operational Works approval and any overflow shall be
                        directed to the stormwater drainage system.
                 58.    A stormwater management plan and stormwater management design must be submitted
                        to Council for approval prior to obtaining a Development Permit for Operational Works.
                        The stormwater management plan and stormwater management design must be
                        prepared by a RPEQ, specialising in stormwater and water quality management
                        incorporating the principles of the relevant approved Management Plans as described
                        in Decision Notice 23118 DA. The stormwater management plan and stormwater
                        management design must demonstrate water reuse strategies, infrastructure capacity
                        and effective treatment methodology. The use of rainwater harvesting tanks for irrigation
                        purposes shall be incorporated in the overall design plans. The following information is
                        required to be submitted with the stormwater management plan and stormwater
                        management design submitted with the application for Operational Works Approval:
                        a.      An Audit report which confirms that the stormwater design achieves all criteria and
                                actions specified in Elements D.1 of Settlers Cove Noosa Residential High Density
                                Environmental Management Plan by WBM dated 25 July 2007;
                        b.      Confirmation from an RPEQ that the sites proposed stormwater management
                                measures will provide for infiltration into the sand subgrade without runoff for
                                storms up to a 10 year Average Recurrence Interval;
                        c.      The location for any required oil and sediment traps; &




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                        d.      MUSIC model results that demonstrate that the site will achieve the pollutant
                                reduction targets required by the Water Sensitive Urban Design Technical Design
                                Guidelines and the following water quality criteria:
                                i.     Total nitrogen levels – 0.34 mg/l; &
                                ii.    Total phosphorous levels – 0.035 mg/l.
                 59.    All stormwater drainage shall be collected on site and discharged so there is no net
                        increase in stormwater runoff from the site.
                 60.    To ensure that polluted run-off does not enter the water table, the adjoining waterways
                        or Council’s stormwater drainage system, stormwater run-off from the car parking areas
                        and the driveways shall have the first flush (the first 12 mm of rainfall or hose-down)
                        collected in a grease/oil arrestor/gross pollutant trap provided on site prior to being
                        permitted to discharge into the larger drainage system.
                        All other clean stormwater, such as roof water, can be collected on site and discharged
                        through a single underground drain line directly into the existing drainage system,
                        bypassing the grease/oil arrestor/gross pollutant trap.
                        To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
                        arrestors/gross pollutant trap, which shall be submitted to the Council for approval prior
                        to obtaining a Development Permit for Operational Works.
                        The approved maintenance plan shall be incorporated in the Community Management
                        Scheme for the development and a copy of this shall be provided for Council’s records
                        prior to commencement of the approved Use.
                 61.    A Development Permit for Building Works shall not be granted until a Development
                        Permit for Operational Works has been issued in regard to the drainage scheme.
                 62.    All site stormwater drainage shall be by means of a gravity system.
                 63.    All stormwater drainage lines including inter-allotment drainage shall be inspected by
                        closed circuit television (CCTV) prior to commencement of the approved Use.
                        CCTV inspection will be carried out by Council's CCTV contractor and arranged by
                        Council following satisfactory completion of construction works. The developer will be
                        responsible for the full cost of CCTV inspection, including any additional inspection
                        necessary following defect identification and rectification. This charge is payable prior
                        to the issue of Operational Works approval and will be determined on the unit rate basis
                        current at the time of approval.
                        Sewer Mains / Town Water Supply
                 64.    Reticulated water supply and sewerage must be provided to the development.
                 65.    Construction activities must not impede the access of Sunshine Coast Water or Fire
                        Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access
                        chambers).
                 66.    The fire-fighting demand on Council’s water supply system from the development must
                        not exceed 30 litres per second.
                 67.    A single Council installed primary water meter must be provided immediately inside the
                        property boundary. Additional water meters must be installed for each title of a
                        community title or sub-lease scheme. Meters must be Council approved, installed in
                        accordance with Council requirements and remain accessible at all times for reading
                        and maintenance purposes.
                 68.    Buildings, basements and other structures must maintain a minimum clearance of 1.5
                        metres from Council sewer mains, and 1.0 metres from sewer manhole chambers and
                        inspection openings.




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                 69.    Storm water retention systems, gross pollutant traps and bio-retention basins must
                        maintain a minimum clearance of 1.5 metres from Council water supply and sewerage
                        infrastructure.
                 70.    Landscape planting within 1.5 metres of Council sewerage infrastructure must be
                        Council approved varieties and low growing when mature.
                 71.    The level of the existing sewer manholes must be adjusted to suit the proposed finished
                        surface levels. Work must be undertaken by Sunshine Coast Water at the applicants
                        cost.
                 72.    Landscape planting within 1.5 metres of Council sewerage infrastructure and 1.0 metres
                        from water supply infrastructure must be Council approved varieties and low growing
                        when mature.
                 73.    Construction works undertaken in the vicinity of Council water supply or sewerage
                        infrastructure must not adversely affect the integrity of the infrastructure. All costs
                        associated with repair, replacement or alteration of infrastructure must be met by the
                        applicant.
                        Service Easements (Sewer / Stormwater)
                 74.    A 3.0 metre wide easement must be provided over all Council sewers located in private
                        property that are not covered by an existing easement. A 4.0 metre wide easement
                        must be provided over Council sewers greater than 3.0 metres deep (where approved
                        by Council). Easements must be located centrally over the main.
                 75.    A registered easement shall be created over any stormwater drainage pipes within the
                        site that collect stormwater from a Council road or convey stormwater from any adjoining
                        property (for example, where drainage pipes are provided within the site to prevent
                        adjacent properties from additional ponding/flooding due to the subject site being filled).
                 76.    No building or other structure shall be constructed or encroach into an easement.
                        Construction Issues
                 77.    A Traffic Management Plan for the each construction phase of the development shall be
                        submitted to and approved by Council at least 5 working days prior to the
                        commencement of any Building works or at least 5 working days prior to the pre-start
                        meeting for Operational Works. The Traffic Management Plan shall be referred to the
                        Divisional Councillor for comment before approval and shall include but not be limited
                        to:
                        a.     Limiting the routes for the heavy vehicles to the major road network and prohibit
                               the use of the local roads as access to the site.
                        b.     Indicate provision for on-site and off-site parking for the required workforce.
                        c.     Indicate the location of loading and unloading areas.
                        d.     Indicate the location of any “holding” areas for heavy vehicles, and
                        e.     Operating hours.
                        f.     Maintaining clear pedestrian access around the site at all times.
                 78.    Construction staff shall not park on Serenity Close or elsewhere on-street. Parking shall
                        either be on site, an adjacent vacant site or at a suitable off-site location serviced via a
                        shuttle bus.
                 79.    A detailed Condition Survey must be carried out on existing structures, services,
                        adjacent buildings and roads prior to any excavation or construction works taking place
                        on site. If distress already exists, a photographic survey should be undertaken, the
                        distress measured and a plan to monitor changes to distress shall be implemented.




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                        Remediation of any damages caused by construction of this development shall be
                        undertaken within 3 months of the completion of substantial works for this development.
                 80.    Any significant dust and dirt accumulating on adjoining buildings as a result of this
                        development shall be removed at the end of substantial works if requested by the
                        affected bodies corporate.
                        Earthworks
                 81.    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.
                 82.    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.
                 83.    Plans and details outlining the extent of earthworks required on site and any trees to be
                        retained shall be submitted to Council for approval prior to obtaining a Development
                        Permit for Operational Works.
                 84.    All major excavations (including the basements and driveways) shall be shored to
                        prevent batters extending into areas and vegetation to be retained. All tress to be
                        retained shall be adequately tagged to Council’s satisfaction and enclosed with a barrier
                        fence to the drip line to prevent damage.
                        Acid Sulfate Soils
                 85.    As the site is located below the 20m AHD and above the 5m AHD, any excavation works
                        consisting of 100m3 or greater which extends below 5m AHD must be carried out in
                        accordance with State Planning Policy 2/02 Planning and Managing Development
                        Involving Acid Sulfate Soils. In this regard appropriate testing and supporting
                        documentation prepared by a suitably qualified specialist shall be submitted to Council
                        for approval prior to obtaining a Development Permit for Operational Works.
                        Site Stability
                 86.    A Geotechnical Engineer or similar qualified expert shall assess the soil condition on
                        site, determine the soil classification, establish whether any measures are required to
                        protect the stability of adjoining buildings and/or structures and/or land, and make
                        recommendations on the type of foundation system(s) best suited for the proposed
                        development. The recommendations of this report shall be incorporated into the design
                        and construction of the proposed development.
                        Erosion and Sediment Control
                 87.    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.
                        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
                 88.    The applicant must pay contributions towards trunk infrastructure in accordance with the
                        following Planning Scheme Policies and Council Policies:
                        a.      Planning Scheme Policy 12 – Public Open Space Contributions;




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                        b.      Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
                        c.      Planning Scheme Policy 16 – Sewerage Headworks Contributions;
                        d.      Planning Scheme Policy 17 – Water Supply Headworks Contributions;
                        e.      Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
                        f.      Council Policy – Rural Roadworks Contributions; &
                        g.      Council Policy – Master Drainage Contributions.
                        For material change of use of premises approvals the contributions must be paid prior to
                        the commencement of use, for reconfiguring a lot approval contributions must be paid
                        prior to Council approval of the plan of subdivision.
                        The actual amount of the contribution must be calculated and paid in accordance with
                        the Planning Scheme Policies and variations due to indexation current at the time of
                        payment.
                        General
                 89.    Any Building Format Plans (or similar) submitted for Council approval must be
                        accompanied by the relevant Community Management Statement (or similar)
                        demonstrating compliance with the conditions of this approval.
                 90.    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.
                 91.    Digital detailed designs including drawings, calculations, specifications and a schedule
                        of works, 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.
                 92.    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).
                 93.    A construction management plan/strategy to ensure no damage occurs to Council
                        services shall be prepared by a suitably qualified Registered Professional Engineer and
                        submitted to Council in conjunction with any application for Operational Works.
                 94.    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.
                 95.    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.
                 96.    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.
                 97.    As Constructed drawings and data shall be certified by a qualified experienced Civil
                        Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the




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                        location, level and type of all services and structures. All of which shall be submitted to
                        Council for checking and for Council’s records.
                 98.    The data must fully detail levels for all engineering works including but not limited to
                        drainage structures, finished ground levels and pavement surface levels. The data shall
                        be submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines
                        on the use of ADAC are available at www.adac.com.au).
                        Approval of works shall not be granted until all As Constructed information has been
                        supplied and accepted by Council.
                        Refuse
                 99.    The developer shall provide waste and recycling storage and disposal facilities in
                        accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings
                        and Commercial and Industrial Premises”. The Waste Management Plan of Mark Rigby
                        and Associates dated February 2009 is not approved in its entirety. An amended Waste
                        and Recycling Management Plan (Operational) must be submitted for the day-to-day
                        operation of the development and approved by Council’s Waste and Resources
                        Management Branch prior to issue of development permit for operational works. The
                        amended plan shall include amongst other things –
                        a.     Further details of the waste and recycling collection area on the south side of
                               Building A to show:
                               i.      Full dimensions of the overall area and its likely increase in size to
                                       accommodate the required bins.
                               ii.     The number and types of bins stored there.
                               iii.    The vehicle movement paths of the different general refuse and recycling
                                       vehicles which must comply with the turning circles of AUSTROADS: design
                                       single unit truck/bus (12.5m) template. This must allow easy and safe
                                       collection for both front and rear loading and allow the required height
                                       clearance.
                        b.     The nine waste and recycling storage areas throughout the resort and residential
                               buildings and the external waste and recycling collection storage area are all to be
                               provided with their own individual bin washing facilities.
                        c.     The waste and recycling storage areas shall include the provision of containers for
                               all waste and recycling materials including putresable matter, non-recycling waste,
                               paper/cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc.
                        d.     The proposed separate refuse chutes (general refuse and recyclables) must be
                               provided in accordance with Council’s Policy for “Refuse Chutes and Accessories
                               in Multi Storey Buildings”. The recyclable chutes in Buildings A – C are to be used
                               in the same way as Buildings D – G.
                 100. A Construction Waste Management Plan shall be submitted and approved by Council’s
                      Waste and Resources Management Branch prior to issue of a development permit for
                      operational works. Waste Management Plans are required to be in accordance with
                      Planning Scheme Policy 11, Waste Management Plans see table below. Waste storage
                      areas are to provide for adequate separation of all reusable, recyclable and waste
                      materials. These shall be located so that they are convenient and safe to use (refer to
                      Noosa Council Waste Management Code).
                        The Plan shall contain the following information:
                        a.      The site area for the storage and separation of waste is to be shown on the plan
                                drawings accompanying the application.




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                        b.      A waste management table as indicated below is to be completed showing how
                                waste material is to be segregated - recycled – reused or disposed.

                         MATERIALS ON-SITE               DESTINATION

                                                         Re-use and Recycling                  Disposal

                         Expected waste      Estimated On-site              Off-site           *specify
                         materials           volume    *specify             *specify           contractor and
                                             (m³)      proposed re-         contractor and     landfill site or
                                                       use or on-site       recycling outlet   other disposal
                                                       recycling                               site
                                                       methods

                         Excavation
                         material

                         Green waste

                         Bricks

                         Concrete

                         Timber-please
                         specify

                         Plasterboard

                         Metals - please
                         specify

                         Asbestos

                         Other - please
                         specify

                        Note * If a demolition contractor is undertaking works, then the Waste Management
                        table is to be completed by the demolition contractor.

                          The purpose of the Waste Management Plan is to facilitate the segregation of waste
                          for the effective reuse and recycling of such materials. Additionally Council rewards
                          those who segregate waste by significantly reducing disposal fees at the landfill
                          some items are free. Higher gate fees are charged for loads of mixed waste.

                        Trade Waste
                 101. The drainage system from all business that are likely to discharge trade waste must
                      comply with Council’s Trade Waste Policy and Sunshine Water’s guidelines for
                      accepting trade waste into the sewer. All appropriate trade waste permit and/or
                      agreements must be applied for and issued prior to the discharge of any trade waste to
                      the sewer.
                 102. Noise emission from mechanical equipment shall comply with the following
                      requirements:
                        Air-conditioning and Refrigeration




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                        a.      7am to 10pm: Maximum background + 5dB(A)
                        b.      10pm to 7am: Maximum background + 3dB(A)
                        Pumps
                        a.      7am to 7pm: Maximum background + 5dB(A)
                        b.      7pm to 10pm: Maximum background + 3dB(A)
                        c.      10pm to 7am: No audible noise.
                 103. Written certification from a suitably qualified person shall be submitted confirming that
                      the noise levels from all mechanical equipment comply when measured at either the
                      residential boundary or outside the most exposed part of an affected building, whichever
                      is the closest to the equipment.
                        The assessment and certification is required immediately after installation of the
                        equipment and prior to any occupation of the building, and in a format approved by
                        Council. All equipment should be operating at the same time to test the overall noise
                        level created.
                        Note: It is highly recommended that the person you engage to certify the installation is
                        involved at the plan development stage so they can recommend where this equipment
                        is best located. They can also advise about noise enclosures and can make other
                        suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
                        problems after everything is built.
                 104. Noise from building works associated with residential development shall comply with the
                      following –
                        a.      Limited to between 7:00am to 6:30pm Monday to Saturday.
                        b.      All reasonable measures are taken to minimise noise emissions.
                        c.      Not permitted on Sunday or public holidays.
                        Communication with existing residents
                 105. The developer shall institute a fortnightly communication with residents within Serenity
                      Close to advise of construction progress and works to be undertaken in the coming
                      fortnight.
                        Additional Condition July 2013 – Koala Off-set Contribution
                 106. A monetary contribution of $44,160 ($920 x 48 trees) must be made to Council for the
                      off-set of 48 koala habitat trees in accordance with the Policy for Offsets for New Gain
                      of Koala Habitat in South East Queensland. The monetary contribution must be paid
                      within 12 months of this approval taking effect pursuant to the Offsets for Net Gain of
                      Koala Habitat in South East Queensland




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                 5.      REFERRAL AGENCIES

                 The referral agencies applicable to this application are:

                      Referral Trigger        Referral          Referral Agency            Referral Address
                                              Status

                      Site Contains           Concurrence       Department of Natural      PO Box 573
                      Assessable                                Resources & Water
                                                                                           NAMBOUR QLD
                      Vegetation
                                                                                           4560

                      Koala Conservation      Concurrence       Department of              Ecoaccess
                      Area                                      Environment and            Customer Service
                                                                Resource Management        Unit
                                                                                           PO Box 15155
                                                                                           CITY EAST QLD
                                                                                           4002



                 6.      ADVISORY NOTES

                 The following Advisory Notes are for information purposes only and do not form conditions of
                 approval:
                 1.      An advice notice outlining the estimated infrastructure contributions payable and the
                         basis for their calculation under the current Planning Scheme Policies and Council
                         Policies is attached with this Development Permit.
                 2.      For properties located in the catchment area for the Coastal Major Road Network
                         Infrastructure Charges Plan, this development permit may trigger an Infrastructure
                         Charge to be issued in accordance with the Infrastructure Charges Plan and Chapter 5
                         of the “Integrated Planning Act 1997”.
                 3.      Please       contact     Council's   Infrastructure   Charges     Officer    (email:
                         [email protected]) a minimum of 5 business days prior to payment of the
                         infrastructure contributions and/or charge notice so a payment advice detailing the
                         amounts applicable at the time of payment may be issued to accompany the payment.
                 4.      Payment of infrastructure contributions and/or infrastructure charge notices will not be
                         accepted by credit card transaction.
                 5.      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.
                 6.      The plans for the proposed building work have not been assessed for compliance with
                         the requirements of the Building Code of Australia as they relate to people with
                         disabilities. Your attention is drawn to the matter that either or both the Disability
                         Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act
                         1991(Queensland) may impact on the proposed building work.




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                 7.     The following is required for the proposed restaurant:
                        (i)     Plans and application is to be made to Council’s Healthy Places Section for
                                approval prior to any building approval, fitting out or use of the premises.
                        (ii)    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.
                        (iii)   Construction and use of the food premises should comply with Council’s Food
                                Premises Policy and the Food Safety Standards (both available from Council).
                        (iv)    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.
                        (v)     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.
                        (vi)    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.
                 8.     The development should 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, air-borne hazards, atmospheric pollutants (including dust or
                        odours) nuisance or any other emissions in accordance with the nuisance provisions of
                        the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control
                        of Nuisances.
                        Additional Advisory Note - 7 February 2017.
                        Infrastructure Charges and Contributions
                 9.     An “Infrastructure Charge Notice” to be issued in accordance with Council’s current
                        “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in
                        conjunction with the State Planning Regulatory Provision (adopted charges). The
                        charge relates to the missing Public Transport and Stormwater networks.
                 ▪      An Amended Infrastructure Charge Notice No: 925 (Rev No. 1) for the Coastal Major
                        Road Network Infrastructure Charges Plan and replaces the original notice dated 14
                        April 2010 (Rev No. 0).
                 ▪      An Amended Infrastructure Contributions Advice Notice (Rev No. 1) for contributions
                        issued under Condition 88 of the approval and replaces the original notice dated 14
                        April 2010 (Rev No. 0).
                        The total of all Infrastructure Charges and Contributions for trunk infrastructure is limited
                        to the maximum amount permissible under the State Planning Regulatory Provision
                        (adopted charges
                        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




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                         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.
                 7.      PROPERTY NOTES

                 Not applicable
                 8.      VARIATION APPROVAL DETAILS

                 Not applicable
                 9.      FURTHER DEVELOPMENT PERMITS REQUIRED

                      Type of Development Permit               Subject of the required Development Permit
                      required
                                                         (i)           Access and/or Car parking.
                      Development Permit for Operational
                      Works                              (ii)          Site Civil Works.
                                                               (iii)   Roadworks.
                                                               (iv)    Stormwater Drainage.
                                                               (v)     Frontage Works.
                                                               (vi)    Sewer reticulation (including new mains,
                                                                       relocations, diversions, pump stations and
                                                                       rising mains).
                                                               (vii) Excavation of materials to fill another site.
                                                               (viii) Landscaping.
                                                               (ix)    Erosion & Sediment Control

                      Development      Permit   for   Building All Building Works
                      Works

                 10.     SUBMISSIONS

                 There were 21 properly made submissions about the application. In accordance with
                 Integrated Planning Act 1997, the name and address of the principal submitter for each
                 properly made submission is provided and attached.
                 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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                 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,




                 Nadine Gorton
                 Coordinator Planning
                 Enc:      Appeal Rights

                 DECISION NOTICE HISTORY
                 •     Original Decision Notice – 8 April 2010.
                 •     P & E Court Consent Order – 14 October 2011

                 •     Decision Notice – Minor Change – 51992.176.02 – 22 July
                       2013, with an amendment to condition 35 & include
                       additional condition 106

                 •      Decision Notice – Minor Change – 51992.176.03 – 17
                       February 2017, with an amendment to condition 35 &
                       include additional Advisory Note 9

                 •     Decision Notice – Minor Change – 51992.176.04 – 17
                       February 2017, with an amendment to condition 35 &
                       include additional Advisory Note 9




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Page 20

                                                                                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
               228 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 –
               (Refer to Schedule 1 of the Planning Act 2016)
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (2) An appellant may start an appeal within the appeal period.
                                                                                                      Court – 2 business days after the appeal has started; or
               (3) The appeal period is –
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                              (5) A notice of appeal given to a person who may elect to be a co-
                       days after a decision notice for the decision is given to the
                                                                                                  respondent must state the effect of subsection (6).
                       agency; or
                                                                                              (6) A person elects to be a co-respondent by filing a notice of election,
                   (b) for an appeal against a deemed refusal – at any time after the
                                                                                                  in the approved form, within 10 business days after the notice of
                       deemed refusal happens; or
                                                                                                  appeal is given to the person.
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                              230 Other appeals
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or                                               the Supreme Court decides a decision or other matter under this
                                                                                                  Act is affected by jurisdictional error, the decision or matter is non-
                   (d) for an appeal against an infrastructure charges notice – 20
                                                                                                  appealable.
                       business days after the infrastructure charges notice is given
                       to the person; or                                                      (2) The Judicial Review Act 1991, part 5 applies to the decision or
                                                                                                  matter to the extent it is affected by jurisdictional error.
                   (e) for an appeal about a deemed approval of a development
                       application for which a decision notice has not been given –           (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed                      application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or                              decision or matter, may apply under part 4 of that Act for a
                                                                                                  statement of reasons in relation to the decision or matter.
                   (f)   for any other appeal – 20 business days after a notice of the
                         decision for the matter, including an enforcement notice, is         (4) In this section –
                         given to the person.                                                     decision includes-
               Note –                                                                             (a) conduct engaged in for the purpose of making a decision; and
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (b) other conduct that relates to the making of a decision; and
                   period.
                                                                                                  (c) the making of a decision or failure to make a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (d) a purported decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (e) a deemed refusal.
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  non-appealable, for a decision or matter, means the decision or
                   withdraw from the appeal.
                                                                                                  matter-
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  (a) is final and conclusive; and
                   infrastructure charges notice must not be about-
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (a) the adopted charge itself; or
                                                                                                      set aside or called into question in any other way under the
                   (b) for a decision about an offset or refund-                                      Judicial Review Act 1991 or otherwise, whether by the
                                                                                                      Supreme Court, another court, a tribunal or another entity; and
                         (i)   the establishment cost of trunk infrastructure identified in
                               a LGIP; or                                                         (c) is not subject to any declaratory, injunctive or other order of
                                                                                                      the Supreme Court, another court, a tribunal or another entity
                         (ii) the cost of infrastructure decided using the method
                                                                                                      on any ground.
                              included in the local government’s charges resolution.
                                                                                              231 Rules of the P&E Court
               229 Notice of appeal
                                                                                              (1) A person who is appealing to the P&E Court must comply with the
               (1) An appellant starts an appeal by lodging, with the registrar of the
                                                                                                  rules of the court that apply to the appeal.
                   tribunal or P&E Court, a notice of appeal that-
                                                                                              (2) However, the P&E Court may hear and decide an appeal even if
                   (a) is in the approved form; and
                                                                                                  the person has not complied with the rules of the P&E Court.
                   (b) succinctly states the grounds of the appeal.
               (2) The notice of appeal must be accompanied by the required fee.




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Version: 3, Version Date: 24/10/2024                                                                                                              Page 20 of 20

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