20220728 Ltr Negotiated Decision Notice 17-19 Noosaville

    (d)    retains existing vegetation and incorporate best practice outcomes
           natural shading where possible; described in these publications to help
                                           development comply with
    (e)    incorporates passive building
           design to reduce the need for PO8.
           auxiliary heating and cooling;

    (f)    uses low toxic internal and external
           building materials;

    (g)    uses natural light rather than
           artificial light, and may include
           skylights, atriums and light walls;

    (h)    contains a minimum of two
           openings per habitable room;

    (i)    provides a minimum floor to ceiling
           height of 2.7 metres; and

    (j)    enables efficient operation and use
           of the building.

    Editor’s Note: Refer to Figure 9.4.6.4

Statutory Framework

The power to approve a development application includes the power to impose development
condition2. The power to impose development conditions is expressed in general terms and as was
noted by the Court of Appeal3:

          “Conditions are the community price a developer must pay for a development approval. They
          have characteristically been the vehicle for minimising adverse impacts…”

The power to impose development conditions must be read subject to the statutory provisions about
lawful conditions.

Section 65 of the PA imposes a constraint on the power to impose conditions4. It states, relevantly:

          “65     Permitted Development Conditions

                  (1)     A development condition imposed on a development approval must –

                          (a)     be relevant to, but not an unreasonable imposition on, the development
                                  or the use of premises as a consequence of the development; or

                          (b)     be reasonably required in relation to the development or use the
                                  premises as a consequence of the development”.



2
  PA, s60(2)(c)
3
  Atkinson J in Hymix Industries & Anor v Alberton Investments Pty Ltd & Anor [2001] QCA 334
4
  Australian Retirement Homes Limited v Pine River Shire Council & Anor [2009] QPEC 92, noting that the power
to impose conditions in the PA is materially the same as its predecessors including s345 of the Sustainable
Planning Act 2009.