Refused Decision Notice RAL17 0504

Officer: 	Wilhelm Koschade
Direct Telephone: 	07 53296215
Our Reference:	RAL17/0504
Your Reference:	60669
20 April 2018
WA Gabarrin & TO Gabarrin
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560

Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 April 2018, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	RAL17/0504
Street address:	135 Lake Weyba Drive Noosaville
Real property description:	Lot 1 RP 36729
Planning Scheme:	The Noosa Plan (27 November 2017)
type of development
The application sought the following type of development approval:
Reconfiguring a Lot – (1 lot into 4 lots) - Residential
reasons for refusal
1.	The proposed development does not demonstrate compliance with the Natural Hazards Overlay Code as it comprises the safety of people and property from the site’s residual flood and bushfire risks.
2.	The proposed development is contrary to the Natural Hazards Overlay Code and Reconfiguring a Lot Code as the proposed lots are located within a flood hazard area and the proposal seeks to fill the site in an attempt to make it suitable for the development.
3.	There is no effective evacuation route that remains passible, with sufficient flood warning time, to enable people to progressively evacuate from the site or an area that allows for safe congregation and refuge during a probable maximum flood.
4.	The proposed development is likely to further burden disaster management response and capacity during flood events.
5.	The proposed lots are located on land that is subject to bushfire hazard and the proposed development relies on inappropriate bushfire mitigation measures to maintain the safety of people and property.
6.	The proposed development is contrary to the Biodiversity Overlay Code as the proposal has the potential to impact on the koala habitat values of the site including the habitat values of the wetland and the species assemblages it supports.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.17.3.5.1	The agency provided its response on 29/01/2018  (Reference No. 1709-1474 SRA). A copy of the response is attached

submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Kerri Coyle
Manager, Development Assessment
Enc:	Referral Agency Response
Appeal Rights

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
[email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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Queensland
Government
spsrmantof|
‘State Development,
Manufacturing,
Infrastructure and Planning
Our reference: 1700-1474 SRA
Yourreference: —RALITIOGOS

‘Applicant reference: 60860

29 January 2018

“The Chief Executive Officer
‘Noosa Shire Council

PO Box 141

Tewantin Qld 4565
‘[email protected]

Attention: Wilhelm Koschade

Dear Mr Koschade

Referral agency response—with conditions
(Given under section 58 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, infrastructure and Planning on 18 September 2017.

 

 

 

Applicant details
“Applicant name: “Andres Gabarrin C/- Murray & Associates (Qid) Pty Lid
Applicant contact details: PO Box 246
Nambour QLD 4560,
[email protected]
Location details
‘Sweet address 195 Lake Weyba Drive, Noosaville
Real property description: _Lot 11on RP36728
Local government area: Noosa Shire Council
Application details
Development permit, ‘Reconfiguring alt for residential subdivision (1 Lot into 4 Lots)

Referral triggers
“The development application was referred to the department under the folowing provisions ofthe

 

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1700-1474 SRA

Planning Regulation 2017:
© 1017354 ‘Tidal works or work in 2 coastal management district

Conditions
Under section 56(1)(b)() of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval

Reasons for decision to impose conditions
“The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Approved plans and specifications
“The department requires thatthe plans and specifications set out below and enciosed must be attached
‘to any development approval.

 

 

 

 

Drawingireport title Prepared by Date Reference no. | Versionlissue
‘Aspect of development: Reconfiguring a lot (1 into 4 lots)

Proposed Subdivision of | Murray & Associates | 24 July 2017 [60668 A

Lot 1 on RP3E729 (QLD) Pry Lis

 

 

 

 

 

 

‘A copy ofthis response has been sent to the applicant for their information.

For further information please contact Danika Cowie, Principal Planning Officer, on 53529776 or via email
‘SEQNorthSARA@digp qld gov-au who will be pleased to assist.

Yours sincerely

 

Garth Nolan
‘Manager (Planning)

ec _Andres Gabarin C- Murray & Associates (ld) Ply Lid [email protected]
lene Attachment Conditions tobe imposed

‘Astachmant 2—Rascons for decision fo impose concltions
‘Approved plans and spacifestions

Department of State Development. Manufacturing, Infastucture and Planing Page 20t4


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1700-1474 SRA

Attachment 1—Conaitions to be imposed

 

No. | Conditions Condition timing

 

Reconfiguring a lot —1 into 4 lots

 

10.17.3.5.1—Tidal works or work in a coastal management district —The chief executive administering
‘the Planning Act 2016 nominates the Director-General of the Department of Environment and Science
10 be the enforcement authority for the development to which tis development approval relates forthe
administration and enforcement of any matter relating tothe folowing condition(s)

7

 

“The development must be carried out generally in accordance witn | For the duration of

the folowing plans: works

+ Proposed Subdivision of Lot 1 on RP36729, prepared by Murray
{8 Associates (QLD) Py Lid, dated 24/07/2017, reference 60669
‘and revision A,

 

 

 

 

 

Deparment of State Development Manufacturing, nfastucture and Planing Paget


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1700-1474 SRA

‘Attachment 2—Reasons for decision to impose conditions

 

“The reasons for this decision are:
+ Tocnsure the development is carted out generally in accordance with the plans of development
‘submitted with the application.

Findings on material questions of fact,
+The development application isto reconfigure a lot for residential subdivision from 1 into 4 lots
‘© The development will occur on Lot 1 on RP36729, which is located within a coastal management
istrict and contains coastal areas including erosion prone area, medium and high storm tide
inundation areas and the site contains category B regulated vegetation and of concem regional
ecosystem.

Evidence or other material on which the findings were based

+ development application

‘+ response to an informal information request

* State Development Assessment Provisions published by the Department of State Development,
‘Manufacturing, infrastructure and Planning

Planning Act 2016

* Planning Regulation 2017

Deparment of State Development Manufacturing, nfastucture and Planing Paget


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