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Decision Notice - Council Meeting Decision MCU24 0074 · MCU24/0074

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                                                                           Officer:             Andrew Gaffney
                                                                           Direct Telephone:    07 53296284
                                                                           Our Reference:       MCU24/0074
                                                                           Your Reference:      0385

                 25 March 2025


                 Gympie Terrace P/L TTE
                 C/- Pivotal Perspective Pty Ltd
                 3/93 Hilton Tce
                 TEWANTIN QLD 4565

                 [email protected]



                 Dear Sir/Madam
                                                      Decision Notice
                                                       Planning Act 2016

                 I refer to your application and advise that on 20 March 2025, Council decided to approve the
                 application, subject to conditions.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:           MCU24/0074

                     Street address:           203 - 207 Gympie Tce Noosaville Qld 4566

                     Real property description: Lot 2 RP 96277, Lot 2 RP 138699

                     Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval has been issued:
                 •       Material Change of Use - Food and drink outlet and Short-term accommodation (16
                         units).
                 3.      CURRENCY PERIOD OF APPROVAL

                 The Currency Period for this development approval is stated in the conditions below.
                 4.      ASSESSMENT MANAGER CONDITIONS

                 PLANNING
                         When Conditions Must Be Complied With
                 1.      Unless otherwise stated, all conditions of this Decision Notice must be complied with
                         prior to the use commencing, and then compliance maintained at all times while the use
                         continues.


                 ABN 97.969.214.121                                                                   PO Box 141
                 noosa.qld.gov.au                                                              Tewantin QLD 4565
                 [email protected]                                                              07 5329 6500
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                        Currency Period
                 2.     This development approval lapses if the use has not happened by 20 March 2031 unless
                        an application to extend the currency period is approved by Council.
                        Approved Plans
                 3.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the tables below. The plans must be amended to
                        incorporate the amendments listed within the table below and resubmitted to Council
                        prior to the issue of any Development Permit for Operational Works*
                        The following plans require amendment.

                           Plan No.          Rev.   Plan/Document Name                           Date

                           CD 2.01 C          C     Basement Plan prepared by Arkos 20.02.2025
                                                    Architects

                           Amendments       The plan is to be amended to accommodate the waste collection
                                            and servicing to occur on site and consistent with engineering
                                            requirements outlined in condition 61.
                                            Additional information in relation to the ‘end of trip’ facilities are
                                            to be included on the plan.
                                            A total of 29 car parking spaces are to be shown for the Short
                                            term accommodation use on either Basement Plan or Ground
                                            floor plan.

                           CD 2.02 B          B     Ground Floor Plan prepared by Arkos 20.02.2025
                                                    Architects

                           Amendments       The plan is to be amended to demonstrate that a minimum of 1.0
                                            metre width of soft landscaping can be provided to all street
                                            frontages particularly around proposed urban infrastructure in
                                            Albert Street.
                                            The plan is to demonstrate a minimum of 375 square metres
                                            of landscaping is provided on site excluding outdoor dining and
                                            paved areas. Provide an updated calculation which separates
                                            all landscaping areas individually to comprise 375 square
                                            metres of landscaping.
                                            The plan is to amend the number of ‘Tide’ structures to
                                            maximum of 5, with each structure to provide shade to a seat,
                                            with the structures to be built within the site boundary.
                                            Carparks 2 - 12 are to be amended to accommodate
                                            landscaping infrastructure in accordance with the Landscaping
                                            Works conditions of this approval.
                                            The ground floor plan is to accommodate on site refuse collection
                                            in accordance with the engineering requirements stipulated in
                                            condition 61

                           CD 2.03 C          C     Level 01 Plan prepared by Arkos 26.02.2025
                                                    Architects

                           CD 2.04 C          C     Level 02 Plan prepared by Arkos 26.02.2025
                                                    Architects




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                           CD 2.05 C     C     Level 03 Roof Tce Plan prepared by 26.02.2025
                                               Arkos Architects

                           CD 2.06 C     C     Roof Plan prepared by Arkos Architects      26.02.2025

                           CD 3.01 B     B     Elevation 01 – Gympie Tce / North 26.02.2025
                                               prepared by Arkos Architects

                           Amendments   The rooftop pergola structure is to be reduced to be no more than
                                        2.2 metres in height above roof level. The pergola is not to be
                                        roofed or covered with an impervious material.
                                        The horizontal roof over stairs providing access to the roof top is
                                        not approved and is to be amended to be reduced in height and
                                        to follow the gradient of the stairs to reduce the appearance of a
                                        roofed area.
                                        Any wall/s around the edge of the roof top terrace or on the roof
                                        area are a maximum of 1.2 metres in height. A privacy wall is
                                        permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
                                        metres in height.
                                        Any splash back around the pool is to be constructed from clear
                                        glazing or similar.
                                        Walls located between the terrace areas are not approved and
                                        are to be removed.

                           CD 3.02 B     B     Elevation 02 – Thomas St / West 26.02.2025
                                               prepared by Arkos Architects

                           Amendments   The rooftop pergola structure is to be reduced to be no more than
                                        2.2 metres in height above roof level. The pergola is not to be
                                        roofed or covered with an impervious material.
                                        The horizontal roof over stairs providing access to the roof top is
                                        not approved and is to be amended to be reduced in height and
                                        to follow the gradient of the stairs to reduce the appearance of a
                                        roofed area.
                                        Any wall/s around the edge of the roof top terrace or on the roof
                                        area are a maximum of 1.2 metres in height. A privacy wall is
                                        permitted along the eastern side of the Roof Terrace 2 up to 1.7
                                        metres in height.
                                        Any splash back around the pool is to be constructed from clear
                                        glazing or similar.
                                        Walls located between the terrace areas are not approved and
                                        are to be removed.

                           CD 3.03 B     B     Elevation 03 – East / Albert St prepared 26.02.2025
                                               by Arkos Architects

                           Amendments   The rooftop pergola structure is to be reduced to be no more than
                                        2.2 metres in height above roof level. The pergola is not to be
                                        roofed or covered with an impervious material.
                                        The horizontal roof over stairs providing access to the roof top is
                                        not approved and is to be amended to be reduced in height and




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                                               to follow the gradient of the stairs to reduce the appearance of a
                                               roofed area.
                                               Any wall/s around the edge of the roof top terrace or on the roof
                                               area are a maximum of 1.2 metres in height. A privacy wall is
                                               permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
                                               metres in height.
                                               Any splash back around the pool is to be constructed from clear
                                               glazing or similar.
                                               Walls located between the terrace areas are not approved and
                                               are to be removed.

                             CD 3.04 B          B     Elevation 05 – South prepared by Arkos 26.02.2025
                                                      Architects

                             Amendments        The rooftop pergola structure is to be reduced to be no more than
                                               2.2 metres in height above roof level. The pergola is not to be
                                               roofed or covered with an impervious material.
                                               The horizontal roof over stairs providing access to the roof top is
                                               not approved and is to be amended to be reduced in height and
                                               to follow the gradient of the stairs to reduce the appearance of a
                                               roofed area.
                                               Any wall/s around the edge of the roof top terrace or on the roof
                                               area are a maximum of 1.2 metres in height. A privacy wall is
                                               permitted along the eastern side of the ‘Roof Terrace 2’ up to 1.7
                                               metres in height.
                                               Any splash back around the pool is to be constructed from clear
                                               glazing or similar.
                                               Walls located between the terrace areas are not approved and
                                               are to be removed.
                                               ‘Metal cladding with a profiled design’ to the southern elevation
                                               is not approved. An alternative design treatment is required to
                                               be developed and shown on the elevation.
                                               A suggested alternative could involve greater use of lightweight
                                               natural materials / articulation of the façade / green wall to result
                                               in a more subtropical and sympathetic visual presentation.

                        *(Refer to Advisory Note)
                        Nature and Extent of Approved Use
                 4.     The approved development consists of Food and Drink outlets and Short Term
                        Accommodation (16 Units) as shown on the approved plans.
                 5.     The total number of bedrooms that are available for guest accommodation must not
                        exceed 36 bedrooms.
                 6.     The Food and Drink outlets as shown on the approved plans are not to exceed, outdoor
                        dining (220m²), internal use area (451m²) and gross floor area 699m².
                 7.     The Food and Drink outlet use on the premises must not operate outside the hours of:
                        a.      Sunday to Thursday: 6am to 10pm; and
                        b.      Friday and Saturday: 6am to 12:00 midnight.




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                        The requirements of this condition must be included in the Community Management
                        Statement for any body corporate for the subject site.
                        Performance Bonds
                 8.     Security in the form of a cash bond or trading bank guarantee to the sum of $50,000
                        must be submitted to Council, to secure performance of all conditions of this approval,
                        prior to the issue of a Development Permit for Operational Works. The cash bond or
                        trading bank guarantee will be returned on performance of the conditions of approval
                        less any costs incurred by Council in respect of enforcing performance of this permit.
                        Council reserves the right to call upon the bond or guaranteed sum to effect compliance
                        with conditions.
                        An applicant for a development application may make an agreement with an assessment
                        manager, referral agency or other person to establish the responsibilities, or secure the
                        performance, of a party to the agreement about a development condition.
                        Building Form and Development Appearance
                 9.     The two Pergolas shown on the approved plans at the roof level are not to be roofed or
                        covered in an impermeable membrane and are not to exceed 2.2 metres in height.
                 10.    The maximum height of the development must not exceed the building heights shown
                        on the approved plans, as amended by conditions of this approval, above ground level.
                 11.    Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
                        which certifies that the buildings do not exceed the maximum height requirement of this
                        Decision Notice.
                 12.    External design features, including the extent of fixed or operable screens fronting all
                        streets, materials, colours and finishes must be shown on the Approved Plans and
                        submitted to Council for written approval from the Development Assessment Manager
                        prior to the issue of Building approval. No inclusions or alterations are made without
                        approval in writing by Council.
                 13.    Additional detailed plans and elevations showing all internal areas and design
                        treatments to all Short term accommodation units and entrances are to be submitted to
                        Council for written approval from the Development Assessment Manager prior to the
                        issue of any building approval.
                 14.    All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
                        or the like thus remaining as open structures.
                 15.    All balustrades to decks and balcony areas must be open or transparent.
                 16.    All air conditioning units or other mechanical equipment must be fully enclosed or
                        screened such that they are not visible from the street frontages nor adjoining properties.
                 17.    Any security screens on the premises consist of grille or translucent screens and not
                        solid shutters, screens or roller-doors.
                 18.    All mechanical equipment and other service infrastructure located on the site must be:
                        a.      located not less than 2 metres from a property boundary;
                        b.      fully enclosed or screened such that they are not visible from the street frontages
                                nor adjoining properties. Where screened by landscaping, landscaping beds must
                                be at least 1.5 metres wide.
                 19.    No part of the site may be used for outdoor storage of materials.
                        Amenity
                 20.    The operation of the approved use must not detrimentally affect the residential amenity
                        (including but not limited to noise, amplified music, overlooking, light spill or odour)
                        enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.




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                 21.    The premises must not be used as a party house, with no events, functions or parties
                        (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
                        on site.
                 22.    The use must be operated in accordance with the Local Law requirements for Short stay
                        letting at all times.
                 23.    Service vehicle movements associated with non-residential uses on the premises
                        (including loading and unloading) must not occur outside the hours of 7am to 6pm
                        Monday to Saturday and not at all on Sundays or public holidays. The requirements of
                        this condition must be included in the Community Management Statement for any body
                        corporate for the subject site.
                 24.    Communal outdoor recreation facilities including swimming pools, spas and sports
                        courts are not to be used between the hours of 10:00 PM and 6:30 AM the following day.
                        Noise
                 25.    Written certification is required from a suitably qualified person confirming that sound
                        pressure levels from all mechanical plant and equipment comply with the following:
                        a.      Air-conditioning and Refrigeration
                                    i.   7am to 10pm: Maximum level allowable = background + 5dB(A)
                                   ii.   10pm to 7am: Maximum level allowable = background + 3dB(A)
                        b.      Pumps, Service Room
                                    i.   7am to 7pm: Maximum level allowable = background + 5dB(A)
                                   ii.   7pm to 10pm: Maximum level allowable = background + 3dB(A)
                                  iii.   10pm to 7am: No audible noise.
                 26.    The certification must be submitted to Council, which certifies that operational noise from
                        any fixed plant and equipment complies and with the requirements of this Decision
                        Notice.
                        Lot Amalgamation
                 27.    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 Building Works.
                        Easements
                 28.    Prior to Council issuing a Development Permit for Operational Works, demonstrate that
                        the terms and conditions of the existing easements registered against the titles of Lot 2
                        on RP138699, Lot 1 on RP161212 and any other relevant parties are not contrary to the
                        increase in vehicle type and volume proposed as part of the development.
                        Should the terms and conditions be found to be contrary, demonstrate that all parties
                        are agreeable to amend the terms and conditions of the existing easements to allow for
                        the increase in vehicle type and volume.
                 29.    Unless otherwise agreed in writing by the relevant service provider, any public or third
                        party infrastructure located on the subject site must be placed within an easement
                        registered against the title of the property.
                 30.    All easements must be designed in accordance with the planning scheme and granted
                        at no cost to the Grantee. Where the Grantee is Council or a service authority, the
                        easement documentation must be in accordance with the Grantee’s standard easement
                        terms. Draft easement documentation must be submitted to Council for endorsement.




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                 31.    All works must be kept clear of any existing or proposed easements on the subject land,
                        unless agreed otherwise in writing by the Grantee.
                        Community Management Statement
                 32.    Any proposed Community Management Statement required for the development
                        pursuant to the Body Corporate and Community Management Act 1997 must be
                        submitted to Council for endorsement at the same time as submission of the Building
                        Format Plan (or similar) to Council for compliance assessment.
                 33.    All clauses and by-laws of the proposed Community Management Statement must
                        accord with the requirements of this Decision Notice and, in particular, must include the
                        following additional clauses:
                        a.      The units must be used for Short term accommodation for tourists and travellers
                                only.
                        Street Identification
                 34.    The street address of the development must be clearly visible and discernible from the
                        primary frontage of the site by the provision of a street number and, where appropriate,
                        the building name.
                        External Works – Gympie Terrace
                 35.    Gympie Terrace must be upgraded for the length of its frontage to the subject site. The
                        works must be undertaken in accordance with an Operational Works approval and must
                        include in particular:
                        a.      the existing footpath between back of kerb and property frontage is to be upgraded
                                with exposed coloured aggregate finish for the full width to the approval of the
                                Design Coordinator - Infrastructure services.
                        b.      removal of the existing property accesses and reinstatement of the kerb, to match
                                the balance of the site frontage;
                        c.      the verge area is to include street trees in accordance with the Landscaping Works
                                and Retention of Existing Trees as part of this approval.
                        d.      the provision for 6 on-street carparks in a manner that does not disadvantage
                                adjacent properties or the function and safety of the local road network – the 6 on-
                                street carparks must be line marked in accordance with AS2890.05, include a
                                minimum width of 2.1m measured from kerb invert and achieve a minimum
                                separation of 1 metre between all driveway crossovers and kerb tangent points to
                                not disadvantage existing sight lines;
                        e.      the provision for 6 on-street motorbike parks in a manner that does not
                                disadvantage adjacent properties or the function and safety of the local road
                                network – the 6 on-street motorbike parks must be line marked in accordance with
                                AS2890.05 and achieve a minimum separation of 1 metre between all driveway
                                crossovers and kerb tangent points to not disadvantage existing sight lines; and
                        f.      the existing kerb ramp on the eastern side of Gympie Terrace must be upgraded
                                in accordance with Council’s standard drawing NSD-9006E.
                        Condition 35 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary
                        trunk infrastructure identified by Council’s LGIP to service the development.
                        Conditions 35 (b, c, d, e and f) are imposed pursuant to s145 of the Planning Act 2016
                        being non-trunk infrastructure.




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                        External Works – Thomas Street
                 36.    Thomas Street must be upgraded for the length of its frontage to the subject site. The
                        works must be undertaken in accordance with an Operational Works approval and must
                        include in particular:
                        a.      The verge between back of kerb and property frontage is to be upgraded with
                                exposed coloured aggregate finish for the full width to the approval of the Design
                                Coordinator - Infrastructure services.
                        b.      Existing mature vegetation within the road reserve must be retained and protected;
                        c.      area is to include street trees in accordance with the Landscaping Works and
                                Retention of Existing Trees as part of this approval;
                        Condition 36 (a) is imposed pursuant to s128 of the Planning Act 2016 being necessary
                        trunk infrastructure identified by Council’s LGIP to service the development.
                        Conditions 36 (b and c) are imposed pursuant to s145 of the Planning Act 2016 being
                        non-trunk infrastructure.
                        External Works – Albert Street
                 37.    Albert Street must be upgraded for the length of its frontage to the subject site. The
                        works must be undertaken in accordance with an Operational Works approval, be
                        generally in accordance with RECOR’s General Arrangement Plan – Ground Floor (010,
                        Rev. C) dated 20 December 2024 and must include in particular:
                        a.      a 1.5-metre wide concrete pedestrian footpath within the road verge for the entire
                                length of the site’s frontage to Albert Street. The footpath’s width can be reduced
                                (to a minimum of 1.2 metres), only in locations where a 1.5-metre wide footpath
                                would impede on minimum clearances from services (i.e., light poles) or result in
                                the creation of trip hazards for pedestrians;
                        b.      removal of the existing property accesses and reinstatement of the kerb, footpath
                                and verge area to match the balance of the site frontage, including the provision
                                of topsoil and turf where the existing verge is grassed;
                        c.      the verge area is to include street trees in accordance with the Landscaping Works
                                and Retention of Existing Trees as part of this approval;
                        d.      the provision for 6 on-street carparks in a manner that does not disadvantage
                                adjacent properties or the function and safety of the local road network. The 6 on-
                                street carparks must be line marked in accordance with AS2890.05, include a
                                minimum width of 2.1m measured from kerb invert and achieve a minimum
                                separation of 1 metre between all driveway crossovers and kerb tangents point to
                                not disadvantage existing sight lines; and
                        e.      the provision for 4 on-street motorbike parks in a manner that does not
                                disadvantage adjacent properties or the function and safety of the local road
                                network. The 4 on-street motorbike parks must be line marked in accordance with
                                AS2890.05 and achieve a minimum separation of 1 metre between all driveway
                                crossovers and kerb tangent points to not disadvantage existing sight lines.
                        Condition 37 (a, b, c, d, and e) are imposed pursuant to s145 of the Planning Act 2016
                        being non-trunk infrastructure.
                        Site Access and Driveways
                 38.    A sealed access driveway must be provided from Albert Street to all parking and
                        manoeuvring areas of the development. The works must be undertaken in accordance
                        with an Operational Works approval, be generally in accordance with RECOR’s General
                        Arrangement Plan – Ground Floor (010, Rev. C) dated 20 December 2024 and must
                        include in particular:




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                        a.      a driveway crossover in accordance with Council’s standard drawing RS-051; and
                        b.      suitable safety measures, including warning signage, to improve driver awareness
                                of pedestrians and enhance pedestrian safety.
                                Warning signage must be provided near the exit ramp from the underground
                                parking area to warn motorists of pedestrian movement along the frontage street.
                 39.    An assessment of the existing access driveway on Thomas Street must be undertaken
                        in accordance with an Operational Works approval. The assessment must be prepared
                        by a suitably qualified person (RPEQ) and include an assessment on the condition of
                        the existing access driveway and provide recommendations to achieve compliance with
                        Council’s standard drawing RS-051.
                        Car Parking
                 40.    A minimum of 56 car parking spaces and 10 motorcycle spaces must be provided and
                        marked on the site and always made available and accessible while the use is open for
                        business. The works must be undertaken in accordance with an Operational Works
                        approval, be generally in accordance with Arkos’ Basement Plan (CD 2.01, Rev. C) and
                        Ground Floor Plan (CD 2.02, Rev. B) dated 20 February 2025 and must include in
                        particular::
                        a.      29 parking spaces within the total, for Short-term accommodation uses and 27
                                spaces for Food and Drink Outlet uses which are clearly marked for each purpose
                                and accessible at all times;
                        b.      pedestrian routes in accordance with the conditions of this Decision Notice;
                        c.      1 disabled parking space/s within the total; and
                        d.      dimensions, User Class, crossfalls and gradients in accordance with Australian
                                Standard AS2890: Parking Facilities.
                 41.    All car parking areas and access driveways must be maintained exclusively for vehicle
                        parking and manoeuvring and kept in a tidy and safe condition at all times.
                 42.    Directional signage must be provided to direct visitors and customers to the car parking
                        spaces provided on site.
                        Service Vehicles
                 43.    Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
                        The works must be undertaken in accordance with an Operational Works approval and
                        must include in particular:
                        a.      1 MRV spaces; and
                        b.      regular access for a Small Rigid Vehicle, Medium Rigid Vehicle, Heavy Rigid
                                Vehicle and Refuse Collection Vehicle (Side Loader Series V (6x4)) – service
                                vehicles must be able to enter the site from Albert Street, manoeuvre through the
                                development and exit onto Thomas Street without exiting the designated “concrete
                                driveway”.
                        Security Access to Carpark
                 44.    Where access to the carpark is proposed to be restricted by a security gate, provision
                        must be made for queuing of vehicles clear of the roadway while waiting for the security
                        gate to open.
                 45.    Where a secure carpark services a commercial use on the site, the security gate must
                        always remain open while commercial uses on the site are open for business. The
                        requirements of this condition must be included in the Community Management
                        Statement for any body corporate for the subject site.




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                        Pedestrian and Bicycle Facilities
                 46.    Pedestrian and bicycle facilities must be provided for the development. The works must
                        be undertaken in accordance with an Operational Works approval and must include in
                        particular:
                        a.      the development must include 19 bicycle spaces as shown on the approved plans;
                                and
                        b.      adequate separation of all specific pedestrian routes from vehicle access and
                                manoeuvring areas, and clear demarcation by pavement marking, signposts or
                                changes in surface materials or levels.
                        Public Safety
                 47.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                        stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and
                        with intensities to satisfy the requirements of Australian Standard AS1158 “Public
                        Lighting Code”. Lighting must be designed to reduce the contrast between shadows and
                        well-lit areas. In particular, appropriate security lighting must be provided in the location
                        of the bicycle/ scooter parking and bin storage area.
                 48.    After hours access to loading docks, storage areas and the basement carpark (including
                        the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors
                        and/or other suitably appropriate means. The basement carpark must be kept closed
                        and locked at all times while the use is not operating.
                        Stormwater Drainage
                 49.    The site must be provided with a stormwater drainage system connecting to a lawful
                        point of discharge. The works must be undertaken in accordance with an Operational
                        Works approval, be generally in accordance with RECOR’s Stormwater Management
                        Plan (20230025-SWMP01, Rev. 01) dated 30 May 2024 and the Queensland Urban
                        Drainage Manual.
                 50.    A stormwater quality treatment system must be provided for the development. The works
                        must be undertaken in accordance with an Operational Works approval and Water by
                        Design’s Bioretention Technical Design Guidelines 2014, and must include in particular:
                        a.      stormwater quality treatment devices of a size and location generally in
                                accordance with those shown in RECOR’s Stormwater Management Plan
                                (20230025-SWMP01, Rev. 01) dated 30 May 2024.
                        b.      bioretention device(s) which:
                                  a.   are design generally in accordance with IPWEAQ Standard Drawing DS-
                                       073, DS-075 and DS-076; and
                                  b.   are provided with a free-draining outlet from the sub-soil drainage system.
                 51.    The development shall be provided with approved permanent signage to educate the
                        public on the function of the bioretention basin. The wording for the signage for the
                        bioretention basin is to include: “BIORETENTION BASIN – This bioretention basin
                        reduces the pollution of our waterways by reducing the amount of heavy metals, litter,
                        suspended solids, and nutrients discharged to the Noosa River”.
                 52.    All bioretention basins must be maintained in accordance with Water by Design’s
                        Maintaining Vegetated Stormwater Assets (Version 1) 2009. Records of all maintenance
                        activities undertaken must be kept and made available to Council upon request.
                 53.    All proprietary stormwater quality treatment devices must be routinely checked, serviced
                        and cleaned in accordance with the manufacturer’s recommendations. Records of all
                        maintenance activities undertaken must be kept and made available to Council upon
                        request.




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                        Landscaping Works
                 54.    The development site must be landscaped. The works must be undertaken in
                        accordance with an Operational Works approval and the Noosa Plan for that specific
                        area and must include in particular:
                        a.      the landscape frontage works shown on the referenced documents are to achieve
                                a minimum of 1.0 metre width of landscaped area (clear of retaining structures) to
                                all frontages and a minimum overall site landscaped area of 10%.
                        b.      landscaping adjacent carparks 02-11 inclusive, must incorporate 6 shade trees (1
                                tree per 2 car parks). The use of underground structural soil cells to create a
                                minimum of 5 square metres of suitable growing medium / area is required for
                                each tree.
                        c.      vegetated screening of any electrical transformers, bin storage areas and the like
                                from the road frontage
                        d.      provision of 1 street tree within the road reserve for every 8 metres of road frontage
                 55.    All landscape works must be established and maintained in accordance with the
                        approved design for the life of the development, and in a manner that ensures healthy,
                        sustained and vigorous plant growth. All plant material must be allowed to grow to full
                        form and be refurbished when its life expectancy is reached.
                        Retention of Existing Trees
                 56.    The existing trees within the road reserve and identified for retention on the referenced
                        must be retained in accordance with an Arborist Report (or part thereof) prepared by a
                        qualified person* and endorsed through an Operational Works approval. Should any
                        existing trees be required to be removed they shall be replaced with a suitably sized
                        specimen, bag size 200 litre min and approved by Council’s Design Coordinator –
                        Infrastructure Services.
                        *(Refer to Advisory Note)
                 57.    Prior to the prestart meeting, a bank guarantee or a bond of $20,000 must be lodged as
                        security for the protection of the trees identified for retention in the conditions of this
                        approval. The bond:
                        a.      may be drawn upon by Council in its entirety if any one tree identified for retention
                                is damaged to the point where the tree cannot be saved (as confirmed by the
                                project arborist and agreed in writing by Council)
                        b.      will be returned upon practical completion of all the operational works relating to
                                this development.
                        Earthworks and Retaining Walls
                 58.    The site is contained on the Environmental Management Register. Prior to the issue of
                        any Operational Works approval, the applicant must provide a ‘Site Suitability Statement’
                        confirming the site is suitable for the proposed use.
                 59.    All earthworks and associated retaining structures/batters, both above and below
                        ground, both temporary and permanent, must be undertaken in accordance with an
                        Operational Works approval, be generally in accordance with RECOR’s Bulk Earthworks
                        Layout Plan (020, Rev. C) dated 20 December 2024 and contained entirely within the
                        subject site unless written permission from the respective landowner(s) is provided to
                        Council. All earthworks must ensure that adjacent properties and associated
                        infrastructure is not disadvantaged by additional flows or adverse impacts on the
                        functionality of access driveways and carparks.




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                 60.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
                        walls that are publicly accessible and exceed 1.0m in height must be fitted with a
                        commercial grade safety fence.
                        Waste Disposal
                 61.    Prior to Council issuing a Development Permit for Operational Works, an amended
                        Waste Management Plan must be submitted to council for approval that allows for all
                        waste collection and servicing to occur on site. The amended Waste Management Plan
                        must be prepared by a suitably qualified person who is experienced in waste
                        management and includes in particular:
                        a.      Onsite collection of refuse/recycling should be done using 1100ltr low noise waste
                                containers. Services to be done several times weekly to reduce the actual bin
                                numbers on site; and
                        b.      provision for on-site servicing by a Refuse Collection Vehicle (Dennis Eagle Elite
                                2 6x4 with rear lift configuration) - the Refuse Collection Vehicle must be able to
                                enter the site from Albert Street, service the site, and exit on Thomas Street; and
                        c.      compliance with The Noosa Plan 2020 – Waste Management Code and PSP9
                                Waste Management.
                        d.      the Refuse Collection Vehicle (Dennis Eagle Elite 2 6x4 with rear lift configuration)
                                must enter via Albert Street and exit via Thomas Street.
                 62.    The developer must provide waste storage and disposal facilities in accordance with
                        Planning Scheme Policy 9 - Waste Management. The facilities must include an
                        impervious area, within the site, correctly sized for all refuse and recycling containers
                        and suitably screened from public places and neighbouring properties. A bin wash area
                        is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
                        trap. The drain outlet must be designed to prevent storm water entry to the sewerage
                        system.
                 63.    Refuse containers must be provided in accordance with the requirements of the
                        Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
                        Regulation 2000, for the storage and collection of refuse.
                 64.    Storage, disposal and management of solid, liquid and vegetative waste is conducted in
                        a safe and ecologically sustainable manner without environmental nuisance. In this
                        regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
                        station.
                        Services
                 65.    Unless otherwise stipulated by telecommunications legislation at the time of
                        construction, the development must be provided with all necessary conduits, pits and
                        pipes to accommodate the future connection of optic fibre technology
                        telecommunications.
                 66.    Certification must be submitted to Council from all relevant service providers (Energex,
                        NBN and Unitywater) which certifies that the development has met the requirements of
                        this Decision Notice and all applicable legislation at the time of construction.
                        Damage to Services and Assets
                 67.    Any damage caused to existing services and assets as a result of the development
                        works must be repaired at no cost to the asset owner at the following times:
                        a.      where the damage would cause a hazard to pedestrian or vehicle safety,
                                immediately; or
                        b.      where otherwise, upon completion of the works associated with the development.




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                        Any repair work which proposes to alter the alignment or level of existing services and
                        assets must first be referred to the relevant service authority for approval.
                        Acid Sulfate Soils
                 68.    A preliminary site-specific Dewatering and Acid Sulfate Soils Management Plan must be
                        prepared and submitted as part of a future Operational Works application for the site.
                        The Dewater and Acid Sulfate Soils Management Plan must be prepared by a suitably
                        qualified person and include, but not be limited to:
                        a.      testing, monitoring and treatment requirements for the works in accordance with
                                the National Acid Sulfate Soils Guidance; and
                        b.      demonstrate how groundwater encountered during excavations and ongoing
                                operations of the basement will be managed.
                        Demolition Works
                 69.    Unless specifically conditioned otherwise, all works must comply with the relevant
                        acceptable solutions as contained in the Waste Management Code and Water Quality
                        and Drainage Code of the Noosa Plan 2020.
                 70.    Demolition must be undertaken 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
                        Act 1994.
                        Treatment of Temporarily Vacant Land
                 71.    Where some or all of the land remains vacant or undeveloped for more than 3 months,
                        or buildings are demolished and redevelopment is delayed for more than 3 months, the
                        following works must be carried out:
                        a.      the site must be cleared of all rubble, debris and demolition materials
                        b.      the site must be graded to prevent ponding (to the same level as the adjoining
                                footpath wherever practicable), turfed and mown at a minimum 3 weekly intervals
                        c.      the site must be landscaped with perimeter planting consisting of advanced
                                specimens of fast growing tree species
                        d.      the site must be maintained to ensure no nuisance to adjacent premises, roads or
                                footpaths
                        e.      where fencing is installed to secure boundaries:
                                i.     the fencing must be durable and not capable of being pushed or blown over
                                ii.    the fencing type must not detract from local amenity (barbed wire is not
                                       acceptable)
                                iii.   vandalism must be promptly repaired, and any graffiti removed.
                        Health and Safety
                 72.    All building materials containing asbestos, including asbestos cement sheeting or
                        roofing and lagging, are removed from the building prior to demolition or relocation.
                 73.    Removal of building materials containing asbestos must be undertaken by a licensed
                        asbestos removalist.
                 74.    Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
                        requires a licensed asbestos removalist to give notice to Workplace Health and Safety
                        Queensland (WHSQ) of licensed asbestos removal work at least five days before the
                        work commences. Notification must be made using Form 65: Notification of licensed
                        asbestos removal work, demolition work or emergency demolition.




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                        All building materials containing asbestos products are wrapped and disposed of in
                        accordance with the Public Health Regulation 2006 and the Environmental Protection
                        Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment
                        & Science licenses businesses that transport asbestos waste, and landfills that accept
                        this waste.
                 5.     REFERENCE DOCUMENTS

                  Plan No.         Rev.   Plan/Document Name                            Date

                  001              C      Cover Sheet & Locality Plan                   20 December 2024
                                          Prepared by RECOR

                  003              C      Existing Layout Plan                          20 December 2024
                                          Prepared by RECOR

                  010              C      General Arrangement Plan – Ground Cover       20 December 2024
                                          Prepared by RECOR

                  011              C      General Arrangement Plan - Basement           20 December 2024
                                          Prepared by RECOR

                  020              C      Bulk Earthworks Layout Plan                   20 December 2024
                                          Prepared by RECOR

                  021              C      Bulk Earthworks Sections                      20 December 2024
                                          Prepared by RECOR

                  050              C      Mixed Use Development                         20 December 2024
                                          Prepared by RECOR

                  030              C      Post Development Catchment Plan               20 December 2024
                                          Prepared by RECOR

                  064              C      Ground Manoeuvring Plans – Sheet 5            20 December 2024
                                          Prepared by RECOR

                  CD 2.01          C      Basement Plan                                 20 February 2025
                                          Prepared by Arkos Architects

                  CD 2.02          B      Ground Floor Plan                             20 February 2025
                                          Prepared by Arkos Architects

                  20230025- 1             Stormwater Management Plan                    30 May 2025
                  SWMP01
                                          Prepared by RECOR

                  CD2.02           B      Ground Floor Plan,                            20.02.25
                                          Prepared by, Arkos Architects




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                 6.     REFERRAL AGENCIES

                 Not applicable.
                 7.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the assessment manager conditions:
                 PLANNING
                        Aboriginal Cultural Heritage Act 2003
                 1.     There may be a requirement to establish a Cultural Heritage Management Plan and/or
                        obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                        The ACH Act establishes a cultural heritage duty of care which provides that: “A person
                        who carries out an activity must take all reasonable and practicable measures to ensure
                        the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply
                        with the duty of care. Substantial monetary penalties may apply to individuals or
                        corporations breaching this duty of care. Injunctions may also be issued by the Land
                        and Resources Tribunal, and the Minister administering the ACH Act can also issue stop
                        orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
                        the cultural heritage value of Aboriginal cultural heritage.
                        You should contact the Cultural Heritage Unit to discuss any obligations under the ACH
                        Act.
                        Equitable Access and Facilities
                 2.     The plans for the proposed building work have NOT been assessed for compliance with
                        the requirements of the National Construction Code - Building Code of Australia (Volume
                        1) as they relate to people with disabilities. Your attention is also directed to the fact
                        that in addition to the requirements of the National Construction Code as they relate to
                        people with disabilities, one or more of the following may impact on the proposed
                        building work:
                        a.      the Disability Discrimination Act 1992 (Commonwealth);
                        b.      the Anti-Discrimination Act 1991 (Queensland); and
                        c.      the Disability (Access to Premises – Buildings) Standards.
                        Advertising Devices
                 3.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                        (Administration) 2015 including both temporary and permanent signage. All
                        freestanding, pylon or pole signs or signage that is illuminated requires approval from
                        Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
                        Local Law No. 1 is prohibited from being erected in the Shire.
                        Short Stay Letting
                 4.     On 21 October 2021, Noosa Council adopted a new local law for short stay letting and
                        home hosted accommodation. The local law commenced on 1 February 2022. A one off
                        application will need to be made, under the new local law, for all existing and new
                        properties operating short stay letting or home hosted accommodation, unless identified
                        as exempt.
                        For more information and application forms, please visit Council’s website below:
                        https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-
                        law




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                        Food Business Licences
                 5.     Applications for food business licences under the Food Act 2006 are to be submitted to
                        Council prior to the commencement and construction of the Food and Drink
                        Outlet. Applications for Design Approval and Approval to Operate (including applications
                        for licences under the Food Act 2006) are to be submitted to and approved by Council
                        for the food premises, prior to the issue of a Development Permit for Building Work.
                        Development Compliance Inspection
                 6.     Prior to the commencement of the use, please contact Council's Development
                        Assessment Branch to arrange a Development Compliance Inspection.
                        Resubmission of Amended Plans Required
                 7.     The conditions of this Decision Notice require resubmission of plan/s to Council with
                        amendments. Please address the amended plan/s to Council’s Development
                        Assessment Branch with the Reference No. MCU24/0074, separate to any Operational
                        Works application. To avoid delays and assessment issues with the Operational Works
                        application, it is recommended the plan/s be resubmitted prior to lodgement of any
                        Operational Works application. However, should the plans not be submitted, the
                        applicant is advised that a Preliminary Approval may be issued in lieu of a Development
                        Permit.
                        Performance Bond
                 8.     Where the works include Council assets (construction of new or modifications to
                        existing) a portion of the performance bond will be retained as a “maintenance bond” as
                        described in Council’s Planning Scheme Policy 6 Engineering Design Standards.
                        Alternatively, the developer may submit a separate “maintenance bond” at the
                        completion of the works.
                        The bond amount will be:
                        a.      5% of the agreed value of the works; or
                        b.      $1500, whichever is the greater amount
                        Performance Bond agreement
                 9.     An applicant for a development application may make an agreement with an assessment
                        manager, referral agency or other person to establish the responsibilities, or secure the
                        performance, of a party to the agreement about a development condition.
                        Infrastructure Charges
                 10.    All developments and/or changes to existing developments may require payment of
                        “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
                        Resolution” made pursuant to the planning legislation and regulations current at the time
                        of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
                        development/development-tools-guidelines/infrastructure-charges
                        Building and Construction Industry (Portable Long Service Leave) Levy
                 11.    The QLeave levy must be paid prior to the issue of a development permit where it is
                        required. Council will not be able to issue a Decision Notice without receipt of details
                        that the Levy has been paid.
                        Co-ordination of Operational Works Assessment
                 12.    Additional application fees apply to Operational Work applications where the different
                        aspects of the works are lodged separately. Significant savings in application fees will
                        result if all works are lodged in a single application.




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                        Preparation of a Preliminary Construction Management Plan
                 13.    A preliminary Construction Management Plan must be submitted with the Operational
                        Works application and must address the following:
                        a.      traffic management during all aspects of the construction phase including:
                                i.     a Traffic Management Control Plan in accordance with the Manual of
                                       Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
                                       and traffic control measures prior to construction;
                                ii.    maintenance of safe vehicle and pedestrian access for the areas affected by
                                       the works during and after daily construction has ceased;
                                iii.   proposed fencing to the site during the construction phase of the
                                       development;
                                iv.    approval of the Traffic Management Control Plan by the Department of
                                       Transport and Main Roads (DTMR) for any works on State controlled roads;
                                       and
                                v.     provision for worker car parking.
                        b.      maintenance and protection of water quality and existing drainage lines through
                                the construction site, through the implementation of appropriate erosion and
                                sediment control measures;
                        c.      works programme identifying key components of the works and their respective
                                durations;
                        d.      establishment of a communication protocol with the general public, adjoining
                                owners, emergency services and local businesses to advise of agreed
                                construction times, impacts on traffic, services and other relevant issues;
                        e.      Include a post out to the local residents and businesses advising of the proposed
                                development, the expected time frames and the site contact details;
                        f.      Include signage in prominent locations on the boundaries of the site advising of
                                the proposed development, the expected time frames and the site contact details;
                        g.      identification of complaint management procedures including:
                                i.     contact details for the on-site manager; and
                                ii.    dispute resolution procedures.
                        h.      details on the location of external fill sites/sources, the haulage route, type of
                                vehicle to be utilised during filling operations and frequency of usage. NB any
                                damage to the existing road system as a result of haulage operations shall be fully
                                repaired at the applicant’s expense; and
                        i.      it is acknowledged that the preliminary Construction Management Plan will be a
                                draft document requiring finalisation upon appointment of the Principal Contractor
                                employed to construct the works and a final document will be required to be
                                submitted at the Pre-Start Meeting for the project.
                        Qualified Person
                 14.    The purpose of preparing a Landscape Plan, a qualified person is considered to be a
                        landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
                        current experience in the field of landscape design.
                 15.    For the purpose of preparing an Arborist Report, a qualified person is considered to be
                        a person with either:
                        a.      ISA certification; or




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                        b.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience
                                in the field of arboriculture.
                 8.     PROPERTY NOTES

                 Not applicable.
                 9.     VARIATION APPROVAL DETAILS

                 Not applicable.
                 10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development Permit Required                Subject of the required Development Permit

                  Development          Permit      for   Operational External   Works,  Access,       Stormwater,
                  Works                                              Earthworks,     Carparking,        Drainage,
                                                                     Landscaping.

                  Development Permit for Building Works              All building work (inc Demolition Works)

                 11.    SUBMISSIONS

                 Not applicable.
                 12.    RIGHTS OF APPEAL

                 You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
                 the Planning Act 2016 is attached.
                 During the appeal period, you as the applicant may suspend your appeal period and make
                 written representations to Council about the conditions contained within the development
                 approval. If Council agrees or agrees in part with the representations, a negotiated decision
                 notice will be issued. Only one negotiated decision notice may be given.
                 13.    OTHER DETAILS

                 If you wish to obtain more information about the decision, electronic copies are available online
                 at www.noosa.qld.gov.au or at Council Offices.


                 Yours faithfully,




                 Patrick Murphy
                 Manager, Development Assessment
                 Development Regulation


                 Enc:   Appeal Rights
                        Infrastructure Charge Notice
                        Approved Plans/Documents




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                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




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




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