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Decision Notice MCU170510
Officer: Wilhelm Koschade
Direct Telephone: 53296215
Our Reference: MCU17/0510 & OPW17/0535:
Your Reference: MOUAT
11 October 2017
Building Suncoast Green
6 Lorraine Ave
MARCOOLA QLD 4564
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 11 October 2017, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU17/0510 & OPW17/0535
Street address: 3 Vision Ct Noosaville
Real property description: Lot 2 SP 295958 Lot 2 SP 295958 No related Land
Planning Scheme: The Noosa Plan (3 July 2017)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development approval for Material Change of Use for Industrial Business Type 2
(Production, alteration, repackaging & repairing) & Ancillary Dwelling Unit; and
• Development Permit for Operational Works (Stormwater, Drainage, Carparking,
Landscaping, Earthworks, Access)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is:
• Development Permit for Material Change of Use for Industrial Business - Type 2 Production,
alteration, repackaging & repairing) and Ancillary Dwelling Unit - 6 years; and
• Development Permit for Operational Works (Stormwater, Drainage, Carparking,
Landscaping, Earthworks, Access) – 4 years
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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4. ASSESSMENT MANAGER CONDITIONS
Development Permit for Material Change of Use
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.
Approved Plans
2. 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
2016-52 2 of 14 P Roof Plan, prepared by Building Suncoast 21.09.17
Green
2016-52 3 of 14 P Site Plan, prepared by Building Suncoast 21.09.17
Green
2016-52 4 of 14 P Ground Floor Plan, prepared by Building 21.09.17
Suncoast Green
2016-52 6 of 14 P Mezzanine/caretakers, prepared by 21.09.17
Building Suncoast Green
2016-52 7 of 14 P Elevations, prepared by Building Suncoast 21.09.17
Green
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Building Height
4. The maximum height of the development must not exceed 10 metres above the finished
ground level and the natural ground level.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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
6. 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.
Building Design
7. The development must be finished with subdued external building colours.
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Community Management Statement
8. 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.
ENGINEERING
Water & Sewer Connections
9. 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).
10. 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.
External Works
11. Vision Court must be upgraded for the length of its frontage to the subject site. The works
must include in particular construction of a pedestrian footpath in accordance with the
conditions of this Decision Notice
Site Access and Driveways
12. A sealed access driveway must be provided from Vision Court to all parking and manoeuvring
areas of the development. The works must be undertaken generally in accordance with
drawing number 2016-52- Revision P – Sheet 3 of 14 dated 21 September 2017 prepared
by Building Suncoast Green and include a driveway crossover in accordance with RS-051
Car Parking
13. A minimum of 9 car parking spaces 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 generally in accordance with drawing number 2016-52- Revision P – Sheet 3 of
14 dated 21 September 2017 prepared by Building Suncoast Green and must include in
particular:
a. 1 disabled parking space/s within the total
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities
14. 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.
15. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
16. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken generally in accordance with drawing number 2016-52-
Revision P – Sheet 3 of 14 dated 21 September 2017 prepared by Building Suncoast Green
and must include in particular a loading bay with minimum dimensions of 12m x 3.6m that is:
a. located clear of the site entrance
b. any spaces that are inaccessible due to a heavy vehicle in the loading bay are
dedicated to “staff”
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Pedestrian and Bicycle Facilities
17. Pedestrian and bicycle facilities must be provided for the development. The works must
include in particular:
a. a 2 metre wide footpath within the road verge for the entire length of the site’s frontage
to Vision Court
b. a total of 4 bicycle parking spaces
c. end of trip facilities involving 2 lockers, 1 male and female showers and change room.
Stormwater Drainage
18. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be generally in accordance with drawing number SC-7207-C020
Revision C dated 21 September 2017 prepared by Empire Engineering.
Electricity and Telecommunication Services
19. 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.
20. 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.
Easements
21. 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.
22. 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.
23. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
24. All fill and associated batters must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks must be
undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
Earthworks for Commercial and Residential Developments.
25. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
26. 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.
Damage to Services and Assets
27. 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.
Development Permit for Operational Work
APPROVED PLANS
1. 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
SC-7207-C005 C Construction Management Plan 21 September 2017
prepared by Empire Engineering
SC-7207-C020 C Siteworks and Drainage Plan 21 September 2017
prepared by Empire Engineering
SC-7207-C025 C Siteworks and Drainage Sections 21 September 2017
and Details Sheet 1 prepared by
Empire Engineering
SC-7207-C030 C Pavement Plan prepared by Empire 21 September 2017
Engineering
SC-7207-C040 C Signs and Linemarking Plan 21 September 2017
prepared by Empire Engineering
2016-52 11 of 14 P Landscape Plan, prepared by 21.09.17
Building Suncoast Green
2016-52 12 of 14 P Landscape Plan, prepared by 21.09.17
Building Suncoast Green
PRIOR TO COMMENCEMENT OF WORKS
Engineering
2. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
3. A condition report including photographs of the frontage of the site must be completed and
submitted to Council at the prestart meeting and prior to any works commencing.
4. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council at the prestart meeting.
5. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Erosion and sediment control works;
d. Other relevant parties
6. A Traffic Management Plan must be submitted to Council prior to the pre-start meeting and
must specifically address the following:
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a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction
ii. Maintenance of safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased
iii. Adequate parking arrangements for construction workers
iv. No queuing of trucks is permitted on residential streets, especially prior to 7.00am.
Further parked trucks must have engines turned off
7. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
8. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
Landscaping Works
9. Landscape works must be supervised, undertaken and certified by qualified persons. All
works must be completed in accordance with this Decision Notice.
10. Landscape works must be maintained in good condition for the life of the development and
include refurbishing where necessary in accordance with the approved plans.
11. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
12. Landscape works must:
a. Delineate all planting to grassed area interfaces with a timber edge.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Ensure permanent irrigation is not installed within the road reserve.
d. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
13. Street trees must:
a. Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
14. Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces.
DURING CONSTRUCTION
Engineering
15. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
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16. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
17. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice
b. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
c. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site
Pavement Design and Construction
18. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
19. Safe pedestrian access on all streets in the vicinity of the development must be maintained
at all times. Should footpath/road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
20. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
Pathways
21. All pathways must be constructed in accordance with the following requirements:
a. All footpath/cycleway must comply with Council’s Standard Drawing RS-065.
b. All paths must have a slip resistant surface
c. Expansion and contraction joints must provide a flush finish. Installation of joints by
saw cutting is preferred to ensure a smooth ride for cyclists
d. The required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard
22. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility
Site Access and Driveways
23. Driveway crossovers must be constructed in accordance with Council’s Standard Drawing
RS-051
24. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
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25. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties
c. Where there is a pedestrian path, a matching crossfall must be provided for the
driveway on the alignment of the path, for the full width of the path
d. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
26. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
27. Fall protection must be provided to retaining walls that are over 1m high
Stormwater Drainage
28. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
29. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (eg by blocking or interfering with natural overland flows).
30. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Environment
31. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within the site, or be likely to be released should
rainfall occur, unless all reasonable and practicable measures are taken to prevent or
minimise the release and concentration of contamination.
32. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants from
the site. The erosion and sediment control measures must be designed, installed and
maintained in accordance with current best practice standards (refer to advisory notes).
33. Prior to the completion of the development, all site surfaces must be effectively stabilised
using methods which have achieved effective short-term stabilisation and which will continue
to achieve effective stabilisation in the medium to long-term (refer to advisory notes). For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
34. 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.
FOLLOWING CONSTRUCTION
Certification
35. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
Bonds
36. Bonds must:
a. meet the requirements of council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation
c. include GST
d. have approval of the bond calculations and amount from Council prior to lodgement
e. be lodged with Council and accompanied by the Bond Administration Fee/s.
f. be requested for release by writing to Council, when relevant approval requirements
have been met.
As Constructed Plans and ADAC XML Files (Council)
37. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Licensed Surveyor in regard to the cadastral and locational information, levels
and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the
levels for all engineering works including but not limited to the drainage network and
structures, finished ground and pavement surface levels.
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e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
38. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising
RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit
b. as Constructed details in accordance with Council’s Planning Scheme Policy
c. maintenance and operational manuals for all proprietary or site specific devices
Off Maintenance
39. Prior to requesting an Off Maintenance inspection the developer must provide a written
request for the Off Maintenance inspection.
40. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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 on 07 3247 6212 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
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c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Infrastructure Charges
4. 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.
General Advisory Notes
5. As the driveway and carparking area are private structures, the owner bears full responsibly
for the standard of their construction, maintenance and any liabilities associated with its
construction. It is recommended that professional advice be sought for the construction of
the driveway and carparking area.
6. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
of the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
7. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
8. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Sustainable
Planning Act 2009 must be made. Amended plans clearly indicating the changes must be
lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
9. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
10. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
11. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise
Environmental Advisory Notes
12. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
13. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2
or other superseding document subsequently adopted by Council;
b. Best Practice Erosion and Sediment Control, International Erosion Control Association
(2008)
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14. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the completion of the works:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All Building Works
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Wilhelm Koschade
Development Planner
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
228 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(Refer to Schedule 1 of the Planning Act 2016)
(a) if a submitter or advice agency started the appeal in the P&E
(2) An appellant may start an appeal within the appeal period.
Court – 2 business days after the appeal has started; or
(3) The appeal period is –
(b) otherwise – 10 business days after the appeal is started.
(a) for an appeal by a building advisory agency – 10 business
(5) A notice of appeal given to a person who may elect to be a co-
days after a decision notice for the decision is given to the
respondent must state the effect of subsection (6).
agency; or
(6) A person elects to be a co-respondent by filing a notice of election,
(b) for an appeal against a deemed refusal – at any time after the
in the approved form, within 10 business days after the notice of
deemed refusal happens; or
appeal is given to the person.
(c) for an appeal against a decision of the Minister, under chapter
230 Other appeals
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
(d) for an appeal against an infrastructure charges notice – 20
appealable.
business days after the infrastructure charges notice is given
to the person; or (2) The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given – (3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
(f) for any other appeal – 20 business days after a notice of the
decision for the matter, including an enforcement notice, is (4) In this section –
given to the person. decision includes-
Note – (a) conduct engaged in for the purpose of making a decision; and
See the P&E Court Act for the court’s power to extend the appeal
(b) other conduct that relates to the making of a decision; and
period.
(c) the making of a decision or failure to make a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the (e) a deemed refusal.
assessment manager may apply to the tribunal or P&E Court to
non-appealable, for a decision or matter, means the decision or
withdraw from the appeal.
matter-
(6) To remove any doubt. It is declared that an appeal against an
(a) is final and conclusive; and
infrastructure charges notice must not be about-
(b) may not be challenged, appealed against, reviewed, quashed,
(a) the adopted charge itself; or
set aside or called into question in any other way under the
(b) for a decision about an offset or refund- Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(i) the establishment cost of trunk infrastructure identified in
a LGIP; or (c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
(ii) the cost of infrastructure decided using the method
on any ground.
included in the local government’s charges resolution.
231 Rules of the P&E Court
229 Notice of appeal
(1) A person who is appealing to the P&E Court must comply with the
(1) An appellant starts an appeal by lodging, with the registrar of the
rules of the court that apply to the appeal.
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and (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
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
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