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Tree Removal Decision Notice OPW24/0187 (as published)
Officer: Jamie Gordon
Direct Telephone: 07 53296151
Our Reference: OPW24/0187
Your Reference: N/A
20 November 2024
Noosa Springs Investment Pty Ltd
PO Box 54
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 November 2024, Council decided to approve
the application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Applicant: Noosa Springs Investment Pty Ltd
Application No. OPW24/0187
Street Address: 61 Noosa Springs Dr Noosa Heads Qld 4567
Real Property Description: Lot 3 SP 178340
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works (Clearing of Vegetation).
• This permit approves the removal of 1 x tree as per application and Arborist report.
3. CURRENCY PERIOD
The currency period for this development approval is stated in Condition No. 5 of the
Assessment Manager Conditions.
4. ASSESSMENT MANAGER CONDITIONS
1. Replanting must be conducted using locally native trees/shrubs on a ratio of one to 1:1
for every tree cleared in a suitable location on the subject property within 1 month of the
completion of the approved clearing works, unless extended by written consent.
2. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums,
birds etc.). If wildlife is present, the tree must not be felled or pruned until the wildlife has
left the tree.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Document Set ID: 23361854 Page 1 of 3
Version: 1, Version Date: 20/11/2024
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97 NOOSA
@®& Council
Officer: Jamie Gordon
Direct Telephone: 07 53296151
Our Reference: OPW24/0187
Your Reference: N/A
20 November 2024
Noosa Springs Investment Pty Ltd
PO Box 54
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
| refer to your application and advise that on 20 November 2024, Council decided to approve
the application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Applicant: Noosa Springs Investment Pty Ltd
Application No. OPW24/0187
Street Address: 61 Noosa Springs Dr Noosa Heads Qld 4567
Real Property Description: Lot 3 SP 178340
2. DECISION DETAILS
Council decided to issue the following type of approval:
e Development Permit for Operational Works (Clearing of Vegetation).
e This permit approves the removal of 1 x tree as per application and Arborist report.
3. CURRENCY PERIOD
The currency period for this development approval is stated in Condition No. 5 of the
Assessment Manager Conditions.
4. ASSESSMENT MANAGER CONDITIONS
1. Replanting must be conducted using locally native trees/shrubs on a ratio of one to 1:1
for every tree cleared in a suitable location on the subject property within 1 month of the
completion of the approved clearing works, unless extended by written consent.
2. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums,
birds etc.). If wildlife is present, the tree must not be felled or pruned until the wildlife has
left the tree.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Document Set ID: 23361854 Page 1 of 3
Version: 1, Version Date: 20/11/2024
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3. Vegetation clearing must be undertaken in an environmentally sensitive manner to avoid
damaging surrounding vegetation and habitat. Burning off is not an approved method of
disposal. Cleared vegetation must be processed by one of the following methods:
a. Processing through a wood-chipper, used as mulch or milled.
b. Domestic use as fuel for cooking or heating.
c. Used for landscaping purposes.
d. Disposed of in a Council approved tip.
4. Reproductive components of environmental weed species cleared from the site must
not be reused in landscaping. The material is to be removed from the site and disposed
of in a Council approved refuse tip.
5. The Currency Period for this development approval lapses if the use has not
commenced within two years from the date of approval, unless an application to extend
the currency period is approved.
Yours faithfully,
Jamie Gordon
Development Inspector / Development & Regulation
Document Set ID: 23361854 Page 2 of 3
Version: 1, Version Date: 20/11/2024
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3. Vegetation clearing must be undertaken in an environmentally sensitive manner to avoid
damaging surrounding vegetation and habitat. Burning off is not an approved method of
disposal. Cleared vegetation must be processed by one of the following methods:
a. Processing through a wood-chipper, used as mulch or milled.
b. Domestic use as fuel for cooking or heating.
Cc. Used for landscaping purposes.
d. Disposed of in a Council approved tip.
4. Reproductive components of environmental weed species cleared from the site must
not be reused in landscaping. The material is to be removed from the site and disposed
of in a Council approved refuse tip.
5. The Currency Period for this development approval lapses if the use has not
commenced within two years from the date of approval, unless an application to extend
the currency period is approved.
Yours faithfully,
A pf
c.f a -
apy,
Jamie Gordon
Development Inspector / Development & Requlation
Document Set ID: 23361854 Page 2 of 3
Version: 1, Version Date: 20/11/2024
Page 3
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
(a) Matters that may be appealed to – schedule 1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(d) for and appeal about a change application under schedule 1,
(ii) only a tribunal; or
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 appeal, other than an eligible submitter who is not a
(i) who may appeal a matter (the appellant); and principal submitter in an appeal under paragraph (c) or (d);
(ii) who is a respondent in an appeal of the matter; and and
(iii) who is a co-respondent in an appeal of the matter; and (f) for an appeal to the P&E Court – the chief executive; and
(iv) who may elect to be a co-respondent in an appeal of the (g) for an appeal to a tribunal under another Act – any other
matter. person who the registrar considers appropriate.
(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
(c) for an appeal against a decision of the Minister, under
notice of appeal is given to the person.
chapter 7, part 4, to register premises or to renew the
registration of premises – 20 business days after a notice us 231 Other appeals
published under 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
to the person; or non-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;
period.
and
(4) Each respondent and co-respondent for an appeal may be heard
(b) other conduct that relates to the making of a decision; and
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
assessment manager may apply to the tribunal or P&E Court to (d) a purported decision; and
withdraw from the appeal.
(e) a deemed refusal.
(6) To remove any doubt. It is declared that an appeal against an
non-appealable, for a decision or matter, means the decision or
infrastructure charges notice must not be about-
matter-
(a) the adopted charge itself; or
(a) is final and conclusive; and
(b) for a decision about an offset or refund- (b) may not be challenged, appealed against, reviewed,
(i) the establishment cost of trunk infrastructure identified in quashed, set aside or called into question in any other way
a LGIP; or under the Judicial Review Act 1991 or otherwise, whether by
the Supreme Court, another court, a tribunal or another
(ii) the cost of infrastructure decided using the method entity; and
included in the local government’s charges resolution.
(c) is not subject to any declaratory, injunctive or other order of
230 Notice of appeal the Supreme Court, another court, a tribunal or another entity
(1) An appellant starts an appeal by lodging, with the registrar of the on any ground.
tribunal or P&E Court, a notice of appeal that- 232 Rules of the P&E Court
(a) is in the approved form; and (1) A person who is appealing to the P&E Court must comply with the
(b) succinctly states the grounds of the appeal. rules of the court that apply to the appeal.
(2) The notice of appeal must be accompanied by the required fee. (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
Document Set ID: 23361854 Page 3 of 3
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wd NOOSA Appeal Rights
a . PLANNING ACT 2016 & PLANNING REGULATION 2017
Council
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
aLGIP; 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.
Document Set ID: 23361854
Version: 1, Version Date: 20/11/2024
(3)
(4)
(5)
(6)
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.
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.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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)
(2)
(3)
(4)
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.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 19971 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.
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) adeemed 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)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
Page 3 of 3