SUPERSEDED - Decision Notice - Council Meeting Decision MCU18 0102 · MCU18/0102

Officer: 	Patrick Murphy
Direct Telephone: 	53296436
Our Reference:	MCU18/0102
Your Reference:	n/a
21 November 2018
Bounce Hostel Noosa Pty Ltd
ATF The Bounce Hostel Unit Trust
C/- RG Strategic
PO Box 1818
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 November 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0102
Street address:	14 -16 Mary St Noosaville
Real property description:	Lot 3 RP 122928, Lot 4 RP 122928
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises (Visitor Accommodation Type 4 Conventional 122 beds)
currency period of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.01	B	Site Plan, by Zest Building Design	31.07.2018
A.02	B	Basement Floor Plan, by Zest Building Design	31.07.2018
A.04	B	Floor Plan – Level 2, by Zest Building Design	31.07.2018
A.05		Dimensional Plan – Level 1, by Zest Building Design	
A.06		Dimensional Plan – Level 2, by Zest Building Design	
A.07	B	Elevations, by Zest Building Design	31.07.2018
A.08	B	Elevations, by Zest Building Design	31.07.2018
A.09	B	Building Sections, by Zest Building Design	31.07.2018
A.015	A	Roof Plan, by Zest Building Design	31.07.2018
3	Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.  The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*
A minimum 600mm eaves must be provided to the full extent of all buildings.
The northern elevation must include variation of colours and materials to provided increased articulation.
The length of the 2.0 metre high acoustic fence on the western boundary must be extended for the full length of the western boundary. A 2.0 metre high acoustic fence must be installed for the full length of the northern boundary and the extent of the eastern boundary adjacent to the residential property. All acoustic fencing must be constructed to a minimum of 10kg/m2.
Windows to guest rooms on the upper level of the western and northern elevations must achieve minimum acoustic rating Rw 32 and the rooms must be provided with airconditioning/mechanical ventilation to allow internal amenity to be maintained whilst windows are closed to contain noise.
All buildings must have a roof pitch of at least 5 degrees.
No retaining walls or planter beds are to be constructed in the road reserve.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
122 beds are approved for the Visitor Accommodation Type 4 – Conventional (visitor hostel). The approved Gross Floor Area is 1084m2. No pavilion may exceed 300m2 of Gross Floor Area.
The approved accommodation units must be used for short term visitors only. The approved units must not be occupied by persons for the purpose of permanent accommodation.
For the first 12 months of operation the café must not operate outside the hours of 7am to 10pm. The approved hours will revert to 7am to 9pm at this time unless a written request is received and approved by Council to alter the period of approval. In assessing a request Council will have regard to any noise monitoring results, any complaints and any other relevant matters. The results of the noise monitoring referred to in this Decision Notice must be submitted as part of the written request.
For the first 12 months of operation the use of the pool/sundeck area must not occur outside of the hours of 7am to 10pm. The approved hours will revert to 7am to 9pm at this time unless a written request is received and approved by Council to alter the period of approval. In assessing a request Council will have regard to any noise monitoring results, any complaints and any other relevant matters. The results of the noise monitoring referred to in this Decision Notice must be submitted as part of the written request.
The café, pool and sundeck must only be available for the residents of the visitor accommodation use and must not permitted for use by persons not staying in the visitor hostel.
Service vehicle movements 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 Sunday or public holidays.
Amplified music must not be audible at or beyond the boundaries of the site between 10pm and 7am.
A receptionist/manager must be on-site at all times.
Building Height
The maximum height of the southern pavilion must not exceed 9.50 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval, the Planning Scheme Policy 3 Landscaping Plants and Guidelines for that specific area and must include in particular:
the works shown on the approved site plan.
a minimum 2.0 metre wide landscaping strip along the Mary Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items.
A minimum 1.5 metre wide landscaping strip along the full extent of the eastern and western boundaries.
a 3.0 metre wide vegetated screening of northern elevation of the northern pavilion from the adjoining properties in Anne Street, designed such that vegetated screening will be provided within 3 years of the plantings occurring.
vegetated screening of the acoustic barrier adjacent to the western boundary in accordance with the conditions of this Decision Notice
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
provision of 1 street tree within the road reserve for every 8 metres of road frontage
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Street Identification
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.
The building entrance or reception area must be clearly visible and identifiable from the street or otherwise provided with signage and lighting at strategic locations to direct people to the building entrance.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Advertising Devices
Advertising devices must comply with the requirements of the Advertising Devices Code.
Construction signage, including that on hoardings, shade cloth and cranes but not including statutory safety signage, shall not exceed a total of 4m2 to each of the site’s street frontages.
Fencing and Walls
Any street fencing must be setback an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each rooming unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy is protected between adjoining properties, any window/s, deck or the like that overlooks or has the potential to overlook the private open space or habitable room windows of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
Communal Recreation Areas
Communal recreation area/s must be provided as shown on the approved plans.
Amalgamation of Lots
Lots 3 and 4 on RP 122928 must be amalgamated prior to the commencement of use.
ENVIRONMENTAL HEALTH
Amenity
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, 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.
Noise Nuisance
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
Air conditioning units and swimming pool filtration plant shall be located within the undercover carpark.
Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
Submission of written certification from a suitably qualified person 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.
Entertainers or speakers used to amplify noise must not be located in any outdoor area of the site including recreational areas (pool, space sundeck, and sun lounges, multi-purpose/flexible lounge/outside deck).
Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.
Certification must be submitted to Council from a qualified person which certifies that all outdoor lighting devices comply with the requirements of this Decision Notice at the time of commissioning.
For the purpose of certifying outdoor lighting devices for the development, a qualified person is:
Registered Professional Engineer of Queensland;
an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.
Building Demolition/Removal/Relocation
Where the development involves the removal, relocation or demolition of a building, a Waste Management Plan (construction and demolition) in accordance with Planning Scheme Policy 11, Waste Management Plans must be submitted and approved by Council’s Environmental Health Officer prior to issue of a development permit for operational works for demolition, removal or relocation of any building other than a shed.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste.
Waste storage areas must provide adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site *specify proposed re-use or on-site recycling methods	Off-site  *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
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.
WASTE
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial and Industrial Premises". The facilities must include an external impervious area 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. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m2) , or alternatively the waste area can be roofed, or any other design approved by Council.
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.
Bins must be provided throughout the site to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.

ENGINEERING
Site Specific Conditions
The proposed flood barrier must be of a design that is activated by the rising flood levels and the associated hydraulic differential to raise and lower the barrier. The barrier must not require a power supply or human intervention. The barrier must be maintained by the property owner in accordance with the manufacturer’s specifications. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Certification from a Registered Professional Engineer of Queensland (RPEQ) that states that the design of the barrier is suitable for its intended use.
The development must include an internal stairwell connecting the basement level to the upper floor. The stairwell must be located and constructed to provide an escape route for people to evacuate the basement in the event the barrier and/or pump system fails. Plans submitted as part of any subsequent operational works and building permit must clearly indicate the stairwell.
External Works
Mary Street must be upgraded for the length of its frontage to the subject site. The works must be generally in accordance with drawing number 17699-SK100 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of new kerb and channelling offset 7.5m (3.5m lane and 4m of cycle lane/parallel parking) from the northern side of the existing landscaped median;
suitable transitions from the new kerb line to join with the existing kerb at the western and eastern end;
landscaping of the verge area;
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice;
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.
Condition 45 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Mary Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers generally in accordance with Council’s Standard Drawing Number RS-051 and any associated addendum.
suitable safety measures, including warning signage, to improve driver awareness of the flood barrier, service vehicles and pedestrians and to enhance driver and pedestrian safety. Warning signage must be provided near the exit ramp from the underground parking area and the guest/service area to warn motorists of pedestrian movement along the frontage street.
Car Parking
A minimum of 17 car parking spaces, inclusive of 1 courtesy bus space, must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
13 customer parking spaces (including 4 scooter spaces) within the total, which are clearly marked for that purpose and accessible at all times for visitor use.
3 staff parking spaces within the total, which are clearly marked for that purpose.
1 courtesy bus space within the total.
2 disabled parking space/s within the total.
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Provision of 20 bicycle parking spaces.
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.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
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.
Pedestrian and Bicycle Facilities
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 2 metre wide footpath within the road verge for the entire length of the site’s frontage to Mary Street.
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
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 and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 1%AEP rain event as a minimum.
A back up power system for the pump that is independent of the mains network.
Acid Sulfate Soils
All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. The Acid Sulfate Soil and Groundwater Management Plan must specifically address how lowering of the groundwater level as a result of the works will be avoided.
*(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway
The basement must be designed and constructed as a water excluding structure in accordance with Australian Standard AS3735 "Concrete Structures for Retaining Liquids" to ensure groundwater does not enter the basement after construction is completed.
All treated material must undergo verification testing at the rate of one sample per 250m3 throughout the duration of the excavation phase of the development. The verification testing must be undertaken by a qualified person* using the SPOCAS or Chromium Reducible Sulphur testing suite, and the results must be submitted to Council for appraisal.
Electricity and Telecommunication Services
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.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
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
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, 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
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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
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.
Noise Monitoring
A noise monitoring system must be installed which measures noise levels at the boundary adjacent to the nearest residential zoned land.
The on-site receptionist/manager must respond and terminate the relevant noise source should the noise levels exceed:
7am to 6pm = 46 dB(A) LAeq,adj,T;
6pm to 10pm = 40 dB(A) LAeq,adj,T;
10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
ADVISORY NOTES:
Building and Construction Industry (Portable Long Service Leave) Levy
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
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
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
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
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, 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
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.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Stormwater, Landscaping, Earthworks, Roadworks and Frontage Works
Development Permit for Building Works	Private Certification
submissions
There were 5 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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.

other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Patrick Murphy
Coordinator Planning

Enc:	List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Author	Address1	Address2
Joseph & Dianne Sammut	18 Ann Street NOOSAVILLE QLD 4566	[email protected]
Charles & Rita Sammut	8 Albert Street NOOAVILLE QLD 4566	[email protected]
David & Barbara Tyacke	2/6 George Street NOOSAVILLE QLD 4566	[email protected]
Geoffrey & Kay Gettons	6 Ann Street NOOSAVILLE QLD 4566	[email protected]
Peter & Rhonda Free		[email protected]
Nigel Waters		[email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

[word/footer1.xml]
Page 5 of 16

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
										Page 1 of 16

[word/footer3.xml]
Page 16 of 16

[word/footer4.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 16 of 17

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