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Refused Decision Notice - Council Decision - RAL22 0021 [As Published] · RAL22/0021
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: RAL22/0021
Your Reference: n/a
26 July 2023
H Meyer
C/- Pivotal Perspective Pty Ltd
10 Shields Street
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 July 2023, Council decided to refuse the
application.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL22/0021
Street address: 39-41 Picture Point Cresent, Noosa Heads
Real property description: Lot 2 RP 220514
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. TYPE OF DEVELOPMENT
The application sought the following type of development approval:
• Reconfiguring a Lot – Residential (1 into 2 Lots)
3. REASONS FOR REFUSAL
1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance Outcomes
PO5, PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4, AO7.5, AO7.7 of
the Reconfiguring a Lot Code as:
a. The proposed lots are not consistent with the size and character of surrounding lots
and are less than the required minimum lot size and width.
b. The proposed lots are irregular in shape, with the proposed lot shape not necessitated
by a curve in the road, topographical constraints, or the site’s vegetation, with the lot
shape constraining their future development for multiple dwellings.
c. The future development of the lots is likely to result in duplication of accessways and
services, excessive earthworks and modification to the landform which will impact on
the amenity and character of the area.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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d. The proposed development is not consistent with the Overall Outcome 2(o) of the
Noosa Heads Locality Plan Code to accommodate a greater diversity in housing types
as the proposed reconfiguring a lot will limit the opportunities for further multiple
dwellings in Noosa Heads.
2. The proposed lots are not consistent with the Overall Outcome 2(f) and Performance Outcome
PO1 of the High Density Residential Zone Code to accommodate multiple dwellings to the
exclusion of dual occupancy and dwelling houses, as the proposed lots are unlikely to be able
to accommodate multiple dwellings consistent with the code’s built form requirements.
3. The proposed development is contrary to Overall Outcome 2(c), (d) & (h), Performance
Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands
Overlay Code as the proposed lot boundaries transect a wildlife corridor and no rehabilitation
is proposed to improve this ecological linkage.
4. The proposed lots are in part located in a medium bushfire hazard area and the Bushfire
Management Plan does not make any assessment of the proposed development or identify
any bushfire mitigation measures, based on ecological principles, to minimise the risk to
people and property from bushfire hazard.
4. REFERRAL AGENCIES
Not applicable.
5. SUBMISSIONS
Not applicable.
6. 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.
7. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager – Development and Regulation
Enc: Appeal Rights
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Document Set ID: 22512985
Version: 9, Version Date: 26/07/2023
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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
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 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 –
(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 notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
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 non-
to the person; or 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; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
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 (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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