SUPERSEDED Amended Negotiated Decision Notice RAL20 0021

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	RAL20/0021
Your Reference:	20/5179
19 July 2021
Vantralia Pty Ltd
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563
[email protected]
Dear Sir/Madam
Amended Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 9 July 2021, Council decided your representations. This amended negotiated decision notice replaces the decision notice of 30 April 2021 and the previously issued negotiated decision notice of 15 July 2021.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	RAL20/0021
Street address:	2 Pearsons Rd Cooroy Qld 4563
Real property description:	Lot 3 RP 113733
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
decision details
Council on 30 April 2021, decided to issue the following type of approval:
Development Permit to Reconfigure a Lot (1 Lot into 19 and park)
In relation to representations, Council on 8 June 2021 decided to:
A.	Agree to amend conditions 7, 8e, 10, 13b, 13d, 22, 23, 31a, 32 and 36a, b, and c
B.	Delete conditions 13e, 13f and 33
C.	Refuse to amend conditions 12, 13a and 13c for the following reasons:
The proposed development is required to provide adequate pedestrian/bicycle connectivity in accordance with the Transport, Roads and Drainage Code to encourage travel by means other than private vehicles and provide connection to the wider pathway networks and public transport.
The water quality conditions are consistent with the requirements of the State Planning Policy and the Noosa Plan 2020.
D.	Refuse to delete condition 36g for the following reasons:
A grassed detention swale is not supported as CEPTD requirements can be achieved with low shrubbery and native grasses, the planting of vegetation reduces maintenance costs into the future.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
20-5179AN	B	Plan of Proposed Reconfiguration of Lot 3 on RP 113733	23.04.2021
All lot numbering on the subdivision plan to be submitted to Council for the plan sealing application must remain as shown on the Approved Plans.
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 nuisance or other emissions.
Currency Period
This development approval lapses if the use has not happened by 30 April 2025, unless an application to extend the currency period is approved by Council.
Performance Bond
Prior to arranging a Prestart meeting for the operational works, a security bond in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure the performance of all conditions of this approval.  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.
Dedication of Land as Reserve
The area identified as ‘Lot 100 Park’ on the approved plans must be dedicated to the Council in fee simple on trust as a reserve for the purpose of an Environmental Park purposes.
Condition 6 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Works within Protected Land
The following works must be undertaken within the land to be dedicated to the Crown as a reserve for the purpose of an Environmental Park and Lot 99 RP881300:
The construction of a pathway in accordance with drawing number 2035-01 (master Layout & SWMP Plan 1of 3) Rev E dated 16.04.2021.
Rehabilitation of the park area within the proposed Lot 100 – Environmental Park.
Revegetation of the riparian width only of the constructed waterway within proposed Lot 100 and existing Lot 99 in RP881300.
New Roads
The new road shown on the Approved Plans must be constructed in accordance with the conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The new road must join smoothly with the existing formation of Blue Wren Court. The works must be undertaken in accordance with an Operational Works approval and be designed and constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design Standards. The works must include in particular:
a reserve width of 15 metres minimum and widened where necessary to encompass the verge area around the cul-de-sac
sealing, kerbing and channelling
construction of pedestrian footpaths in accordance with the conditions of this Decision Notice.
provision of 3 indented parking spaces adjacent to proposed Lot 100 (Park)
Installation of street lighting within the road reserve and where required on the pathway between Lots 6 & 7 and Spotted Gum Court to ensure this pathway is appropriately lit.
a cul-de-sac with a circular turning area of sufficient size to accommodate the single forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-street parking and speed control devices.
Concrete Bin Pad
Concrete bin pads for Lots 7 - 11 must be constructed on the kerbside of the new road, located proximate to the lot/lots it serves and generally in accordance with the approved plans. The bin pads must be in accordance with an Operational Work approval and sufficiently sized to wholly accommodate 2 wheelie bins for each lot.
Property Access and Driveways
A residential driveway must be constructed to Lot 3 -15. In regard to Lots 8 & 9 the access must extend from the road formation to the end of the access handle/easement.
The works must be undertaken in accordance with an Operational Works approval.
Vehicle access to Lots 2 -15 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 2 -15 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
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:
2.0 metre wide footpaths as indicated on the approved plans within the new road reserve and within the proposed Park
a 2.0 metre wide footpath extending north thorough the adjoining Park to the footbridge
a 2.0 metre wide footpath between proposed Lots 6 and 7 and extending to the south along the pathway between Lots 39 and 40 SP305293 to the formation of Spotted Gum Court. The works must include any necessary modifications to the existing storm pit located in the pathway between Lots 39 and 40 SP305293.
The pathway must be
adequately lit
turfed either side of the pathway
designed to ensure inhibit vehicle access
a connection to the existing pathway on the southern side of Spotted Gum Court
pram crossings on either side of Spotted Gum Court and where required on the new road
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater Quality
Stormwater Quality Treatment  must generally be in accordance with the Integrated Water Management Plan revision 3 16 Lot Reconfiguration at Pearsons Road, Cooroy for Noosa Council April 2021, except as follows:
Gross Pollutant Traps are not approved. Alternative measures to achieve the pollutant reduction predicted for the GPT’s must be provided.
The first application for Operational Works submitted to this approval must include an amended Integrated Water Management Plan (IWMP). The amended IWMP submitted for approval must include an updated MUSIC model prepared in accordance with the Healthy Land and Water, Water by design Music Modelling Guidelines, which demonstrate the minimum pollution reduction targets of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen are achievable by the detail design, required by this approval.
Pollutant reduction target calculations must include pollutant reductions obtained for Catchment F
Appendix 1 of the amended IWMP must clearly outline special design elements, such as roof water connections to kerb required by any building or plumbing design to achieve the minimum pollutant reduction target for the development.
Deleted.
Deleted.
The Operational Works Application must demonstrate that the design for water quality treatment features are consistent with the technical design guideline published by Healthy Land and Water, Water by Design for the feature. (eg. For Bioretention Basins: Bioretention Technical Design Guidelines (October 2014) and for Wetland Systems the Wetland Technical Design Guideline (May 2017).
Permanent educational signage provided in must be erected to educate the residents of the development about the function of the bioretention device(s). The dimensions, standard, presentation and location of the educational signage materials and colour schemes must be consistent with Noosa’s Design Principals and in accordance with an Operational Works approval.
Stormwater Quantity and Flooding
In conjunction with the submission of a development application for Operational Works, provide final design details for the stormwater detention system and updated modelling. The detention system is to be based generally on the approach documented in Flood Assessment Report Revision 3, prepared by Callaghan and Toth, dated April 2021 and is to address the following points:
Any updates required for consistency with the amended approved Integrated Water Management Plan.
Updated modelling is to be based on basin routing procedures (as described in QUDM Section 5.6.2), with full details of the basin outlet structure provided.
Analysed durations, (for which no increase in peak flows is to be achieved for the post development condition compared to pre-development), are to include the critical durations for the waterway through the urban areas of Cooroy downstream of the site.
The design is to achieve the Waterway Stability design objective of the SPP Appendix 2 Code: Water Quality, which requires the peak 1-year ARI event discharge within the receiving waterway to be limited to the pre-development peak 1-year ARI discharge Stormwater Drainage 1.
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 the Queensland Urban Drainage Manual, and must include in particular registration of drainage easements (where relevant) and the use of gravity stormwater drainage and not surcharge pits.
The surface levels of all lots (excluding drainage reserves) must be constructed to provide flood immunity. The works must be undertaken in accordance with an Operational Works approval and must include in particular surface levels that are higher than each of the following: (a) the local 1%AEP flood level at year 2100 (plus freeboard) (b) the regional 1%AEP flood level at year 2100 (plus freeboard)
Services
Underground reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
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 (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
An easement for drainage purposes must be registered against the title of proposed Lot 8 in favour of proposed lots 9 and 16, Lot 2 on RP113733 and Lot 1 on RP113733. However, should the owners of either or both Lots 1 and 2 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.
An easement for drainage purposes must be registered against the title of proposed Lot 10 in favour of Lot 1 on RP113733. However, should the owners of Lot 1 on RP113733 not agree in writing to the execution of the Easement document within 60 days of a written request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.
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.
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.
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
All earthworks and associated batters 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.
Any retaining walls/structures must be wholly contained thin the lot they support.
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
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.
Landscaping Works
The development site must be landscaped. The work must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provision of 15 street trees along the frontage of the Lots with a minimum pot size of 45 litres planted within the road reserve, excluding the head of the cul-de-sac.
Provision of turfed area to road frontages
All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.
All landscape works must be established and maintained over the one-year maintenance period and in a manner that ensures healthy, sustained and vigorous plant growth.
Deleted
Fauna Management
Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
Vegetation Management
An arborist’s report is to be submitted for approval as part of the operational works application. The purpose of the arborist’s report is to identify the native vegetation to be retained on site, whilst recognising the need for vegetation clearing to occur in order to carry out the development. The vegetation to be retained must be clear of proposed services, not present a nuisance to neighbouring properties and be generally suitable for the proposed location. The report is to be prepared by a suitably qualified person*.
(*Refer Advisory Note)
Rehabilitation works of Waterway and Park
Rehabilitation works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy - PSP 2 Landscaping. An ecological rehabilitation plan must be submitted, prepared by a suitably qualified person* (* refer Advisory Notes) for the waterway and park area and must include in particular:
Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m form the centreline of the waterway; from the new road south of Lot 15 to the creek in Lot 99 in RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP Plan 1 of 3) Rev E dated 16.04.2021.
Mature vegetation within the waterway corridor must be retained in situ if possible, unless required to be removed for the construction of the natural channel (waterway) south of Lot 15, or where vegetation poses a risk. Where vegetation is required to be removed to reduce safety risks this request is to be supported by a written report from a qualified person
Retention of existing bed and banks of the waterway unless required to be modified to ensure function of the approved stormwater system, which may include reshaping into a vegetated swale with stone low flow base and vegetated banks with coir mesh.
The waterway must be rehabilitated to reflect natural function and form, and include riffles and ponds to provide variability in flow depth and refugia for fauna to live in during dry periods.
details of the treatment to all batters, armoury, plantings, weed treatment, location of services/utilities and rehabilitation.
Retention of significant trees within the park area to provide roost and forage values for fauna, whilst ensuring a monoculture of Gympie Messmates (Eucalyptus cloeziana) is not retained.
Revegetation of the park area, including the detention basin, ensuring plantings maintain sufficient separation from the proposed pathway in the park, using a staggered growth forms, grading from grasses , shrubs through to trees either side of the pathway, where applicable.
a species palette and densities table incorporating the species selection of only native local species suitable for the site
a maintenance period of no less than 3 years for the park area (Lot 100 and waterway area in Lot 99)
measurable and achievable criteria on which the performance of the floristic and structural component of the re-vegetation strategy can be assessed annually over three years, including no weeds at the end of the rehabilitation period
control of all weeds species listed in the following standards and legislation:
Scheduled plants under the Noosa Biosecurity Plan 2020
Undesirable Plant Species listed in Table SC6.3.5.1 of the Planning Scheme Policy 2 Landscaping of the Noosa Plan 2020
Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
All rehabilitation and re-vegetation of the waterway and park must be completed prior to Council endorsement of the Plan of Survey.

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]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Item 1 (10.9.4.2.1.1)—Reconfiguring a lot within 25m of a state transport corridor (Planning Regulation 2017)	The agency provided its response on 4 November 2020 (Reference No. 2010-19147 SRA). A copy of the response is attached

		Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, Item 1 (10.9.4.2.3.1)—Reconfiguring a lot within 100m of a state-controlled road intersection (Planning Regulation 2017)	The agency provided its response on 4 November 2020 (Reference No. 2010-19147 SRA). A copy of the response is attached
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
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
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture; and
a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a landscape architect, Environmental Engineer or ecologist with a minimum of 3 years current experience in the field of landscape design.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.

property notes
The following property notes will be placed against the subject property in Council’s property record system:
RAL20/0021 - Property Access Driveway
The following notation applies to approved lots 2 - 15:
To ensure that the integrity of the Council infrastructure in the road reserve is preserved, vehicle access to this lot must be from the constructed driveway only unless otherwise approved by Council (refer to Council Approval RAL20/0021).
RAL20/0021 - Concrete Bin Pad
The following notation applies to approved lots 7 - 11
A concrete bin pad for this lot has been constructed on the kerbside in front of the Lots. Bins must be placed on the concrete bin pad on collection day.
RAL20/0021 – Property Access Lot 11
3.	The following notation applies to Lot 11
No vehicle is to be obtained from Pearson Rd.
RAL20/0021 – Stormwater Quality
4. 	Where applicable the following notation applies to affected properties.
Additional detail design measures must be implemented to achieve the minimum stormwater pollutant reduction targets.
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	Road work, Stormwater, Drainage work, Earthworks, Landscaping, Electrical and Vegetation Clearing.
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.
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:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	[email protected])

DECISION NOTICE HISTORY
Original Decision Notice – 30 April 2021.
Negotiated Decision Notice – 9 July 2021, with an amendment to conditions 7, 8e, 10, 13b, 13d, 22, 23, 31a, 32 and 36a, b, and c.  and delete conditions 13e, 13f and 33

	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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[Attachment: image10.png (image text)]
Development Assessment Rules—Representations about a
referral agency response

“The folowing provisions sr those set outin actions 28 and 20 of he Development Assessment Rules!
‘regarding representations about areferal agency response

Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurence agency may, afer its referal agency assessment period and any
‘urther period agreed ends, change is referal agency response or gve alate refral agency
‘response before the application is decided, subject to section 282 and 28:3.

282. Aconcurence agency may change is reeral agency response a any tne before he application
isceces #

(2) the change sin response to a change which the assessment manager's satstedis a change
under section 28.1: oF

() the Minster has given the concurence agency a recon under section 20 ofthe Act or

(6) the applicanthas given writen agreement tothe change to the referal agency response =

28.3. Aconcurence agency may give alate eferal agency response before the applications decid,
ite applicant has given writen agreement tothe ate referral agency response
1284. Ifa concuence agency proposes fo change is referal agency response under sacton28.(3),

‘he concuence agency must—

(2) give notice oft intention to change its eferal agency response tothe assessment manager
and acopy tothe appiant within 5 days of receiving notice ofthe change unde section 25.1;
snd

|b) concurence agency has 10 days fom the day of ging noice under paragraph (a, or 2
“uther period agreed between the applicant andthe concumence agency, to give an amended
referral agency response to he azzessmant manager and 3 copy othe applicant

+ Pursuant jo Sesion 68 ofthe Panning Act 2018

2 Ine instance an appear has made presentations tothe concuence agency under seston 30,
‘nd the concurrence agency agree fo make he change eluded inthe repesentstons. secon
‘2E2\¢)s taken to have been sated


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Part 7: Miscellaneous

130 Representations about a referral agency response

1201, Anapptcantmay make representatons to a concurance agency a anytime before the appbaton|
is decided, about changing mate inthe referral agency response?

5 An applicant may elect under sacton 22, to stop the assessment manages decison period in which
to tate ths aston. a concurrence agency wshes fo amend tes response in ration ©
‘representations made under ts secton, ty must Go so m accordance wih secton 22.


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


[Attachment: image5.png (image text)]
 

eersiand
Soran

ueenstand Treasury

‘Aapleanieterenee: 205079

4 November 2020
chit Executive Offcar
Noosa Shite Council

PO Box 143
TEWANTIN QLD 4565

[email protected] gov.

Ateion: Glen Confort

Dear Me Contr
SARA response—2 Pearsons Road, Cooroy
(rere agerey responce gue un etn 8 fhe Pang Act 2270)

“The evelopment application desorbed below was confimed as properly refered by the State
‘Assessment and Referal Agency (SARA) on 12 October 2020,

Response

Oitsome feral agency response ro requirements

Date of response: “4 November 2020

‘aver ‘Avice tothe appicatis in Attachment 1

Reasons: “The reasons forthe refral agency response arin Attachment 2

Development details

Descrpton Development permit Reconfguting a Lot~Apsidental (1 lotto

‘Band par)

SARA oe: Refer Agency

SARA rage ‘Schedule 10, Part@, Division 4. Subdivision 2, Table 1. Nem 1
(10842 1.1} Reconfigurng sot wihia 25m of state anspor
‘corr (Panning Reglaton 2017),
‘Schedule 10, Part, Division 4. Subdivision 2. Table 3. tem 1
(1084.23 1}Recontigurng slot wihin 100m ofa state-controlled
‘oad intersecion (Planning Regulaton 2017)

‘SARA reference 2010-10147 SRA.

Assessment Manager Noosa Sie Counet

 


[Attachment: image6.png (image text)]
‘Sweet access: 2 Pearsons Road, Cooroy
Real propery description: Lat 3on RPI13735,
‘Appbcant name Vanvaia Py Ltd Cl- Max Waterson & Associates
‘Aapcant contact cetais: PO Box 630

‘COOROY QLD 4863

‘foetus com a0
Representations

‘Fa appant may make rpreseriabons Wo a CnCUTENGE ageTCY, aay Une BeToe he applcavon S
‘decided, about changing a matter inthe referral agency response (s. 20 Development Assessment
Rules), Copies of te relevant provisions are n Attachment 3.

‘Acopy ofthis response has been sent tothe applicant for their informaton,

For further information please contact Javier Samanes, Senior Planning Officer, on (07) 4037 3237 or via
femal SEQNochSARA@sdmipqd. gov av who wil be pleased to assist

‘Yours snowrely

MMH

Manager (Program Improvement)

= Vanrata Ply tts c+ max waterson & Assooaes, ocegmaasuneys.om 2
lene Ataenmen = Agios tone applet

Saonment 2 Reason orto agany responce
‘Ataonment 3 Reprssratone Sood 2 eter agency reepone proven


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Attachment 1—Advice to the applicant

 

‘General advice

“| Terms and phrases used n ths document are coined in he Planning Act 2016 ts regulon
‘he State Development Assessment Provisions (SDAP), version 26 Ifa werd remains
undefined thas ts ordnary meaning.

‘2 | Public uty works and connection approval: The applicants advised thatifany works

andlor connections are required to pubbe utlty serves wihin a state-controlled road reserve,
Spproval must be given by the Deparment of Transport and Main Reads under the relevant
public tly legsiation (elect, watersener,teconmunicaion),andin accordance with
‘he Departmant of Transport and Main Roads’ tecnal standards (TN162). Approvals must be
cbtained pore commencing any ublty works within the state-contoled road reserve Please
contact he publi uty team via nochecasta@ims ld gov au for further formation onthe
pplication and approval process.

 

 

 

 

 

 


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Attachment 2—Reasons for referral agency response
[Ger unger secon S57) othe Panning Ac 2976)

“The reasons for SARA's decision are:

“The development complies with State code 1: Development i state-controlled read envionment of the
‘SDAP. Specialy. the development

“+ does not crete a safety hazard for uses ofa state-contoled road

“+ does not compromise he stuctralntegrty of state-controlled reads, oad tansper infrastructure oF
road works

“+ does not resutin a worsening ofthe physical conton or operating perermance of state-controlled
roads andthe surounding road network

“+ does not compromise he state's abt to construc, or signicany increas the cost to construct
‘ite-conboled roads and Ruture state-controlled roads

“+ does not compromise he state's abit to maintain and operate state-controlled roads, or
‘Signicanly moreace the costo maintain an operate state-controlled roxes

“+ does nat compromise the structural integrity of publ passenger transport inastucture or
‘compromise the operating performance of pubic passenger anspor senices

“+ avoids signifcant adverse impacts resulting rom environmental emissions generated by veces on
the state-controded 3d

Material used in the assessment of the application:
“+ the development application materal and submited plans
“+ Planning Act 2016

“+ Planning Regulation 2017

‘+ the SDAP (version 26), 35 pubished by SARA

“+ the Development Assessment Rules

“+ SARADA Mapping system