Confirmation Notice Assessment Manager MCU21 0110

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU21/0110
Your Reference:	16022
6 July 2021
Noosa Springs Real Estate Pty Ltd
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY  QLD  4563
[email protected]
Dear Si/Madam
Confirmation Notice
Planning Act 2016
Council confirms receipt of the application described below, which was properly made on 22 June 2021.
This Confirmation Notice has been prepared in accordance with the Development Assessment Rules and contains information relevant to the processing and assessment of the application. The following details are confirmed:
application details
Application No.	MCU21/0110
Street Address:	61 Noosa Springs Dr Noosa Heads Qld 4567
Real Property Description:	Lot 4 SP 178340
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
type of development proposed
The application seeks development approval for:
Development Permit for Material Change of Use - Resort complex (112 units), Bar, Food and drink outlet, Outdoor sport and recreation (3 x tennis courts),
public notification details
Public notification is to be carried out for this application in accordance with the requirements set out in Part 4 of the Development Assessment Rules. The public notification period for this application must be a period of at least 15 business days, in accordance with section 53(4)(b) of the Planning Act 2016.
referral details
The application must be referred to the referral agencies listed below within 10 business days starting the day after receiving this notice, or a further period agreed by Council. Council also needs to be notified when the material was given to the referral agency. Please note that the application will otherwise lapse under section 31 of the Development Assessment Rules.
Referral Status	Referral Agency and Address	Referral Trigger

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 1, Table 1 – Development exceeding the threshold in LGA2
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 10, Division 3, Subdivision 3 – Development in SE Qld Koala Habitat Area

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule, 10, Part 9, Division 2, Table 2 – Premises near a substation site or subject to an easement
information request
Council intends to make an information request.
Other Details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left hand side of the screen. Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours faithfully,

Patrick Murphy
Coordinator Planning

	Explanatory Note – Public Notification Procedures Planning Act 2016 & Development Assessment Rules

INTRODUCTION
The purpose of this Explanatory Note is to provide guidance to applicants on the public notification requirements under Section 53 of the Planning Act 2016 (the Act) and under the Development Assessment Rules (the Rules). The Act and the Rules, set out the requirements for the giving of public notice. These guidelines quote much of the material contained within the Act and the Rules.
If there is doubt about a particular public notification aspect, the applicant should refer to the Act and the Rules or have the public notice procedures undertaken by a consultant who is familiar with the public notice requirements.
Whilst every care has been taken in preparation of this explanatory note, ultimately it is the applicant's responsibility to ensure that the procedures are correctly followed. Council will not accept any responsibility for incorrect giving of public notice.
OVERVIEW OF PUBLIC NOTIFICATION PROCEDURES (PUBLIC NOTICE)
There are three distinct tasks to be undertaken when carrying out public notice:
1.	Publishing a notice in a local newspaper.
2.	Placing a notice or notices on the premises.
3.	Giving notice to adjoining owners.
After the notification period has ended, the applicant must give the assessment manager notice of compliance with the public notice requirements.
One key aspect to note is that an application automatically lapses if public notification does not start within 20 business days of the completion of the relevant preceding part. Furthermore, the application also automatically lapses if applicant does not give the assessment manager the notice of compliance with the public notice requirements within 10 business days from the day after the last day on which a submission may be made.
WHEN NOTIFICATION PART STARTS
Part 4 of the Rules states when the public notification part starts. The following is an extract from Part 4.
16. When this part starts
16.1.	If there are no referral agencies for the application and part 3 does not apply because:
(a)	the applicant has advised that it does not wish to receive an information request and it is not an application mentioned in section 11.3; or
(b)	the assessment manager states in the confirmation notice that it does not intend to make an information request; public notification must start within 20 days of the day after the confirmation notice is given to the applicant.
16.2. If—
(a)	the applicant has advised that it does not wish to receive an information request; and
(b)	it is not an application mentioned in section 11.3; and
(c)	there are referral agencies;
public notification must start within 20 days after the day the last referral assessment period for any referral agency has started.
16.3.	If sections 16.1 and 16.2 do not apply, public notification must start within 20 days of the day after part 3 has ended.
16.4.	For a changed application, where public notification is required to be undertaken again from its beginning, public notification must commence within 20 days—
(a)	if both part 2 and part 4 are relevant to the application as a result of the changed application, the day after part 3 has ended;
(b)	otherwise, the day after the day notice is given under section 26.2(a) or 26.2(c).
WHAT IS PUBLIC NOTICE
The following is extracted from Part 4 of the Rules.
17.	Public notice requirements
17.1.	The applicant, or the assessment manager acting under section 53(10) of the Act, must give public notice by—
(a)	publishing a notice at least once in a newspaper circulating generally in the locality of the premises the subject of the application; and
(b)	placing notice on the premises the subject of the application that must remain on the premises for the period of time up to and including the stated day; and
(c)	giving notice to the adjoining owners of all lots adjoining the premises the subject of the application.
17.2.	The applicant must give notice to the assessment manager of the intended start date of public notification.
17.3.	Schedule 3 prescribes the way in which public notice must be given.
17.4.	All public notice requirements under section 17.1 and 17.2 must be undertaken within the period prescribed under section 16.
18.	Notice of compliance
18.1.	If the applicant gives public notice, it must, within 10 days from the day after the last day on which a submission may be made, or a further period agreed between the applicant and the assessment manager, give the assessment manager notice of compliance with the public notice requirements.
PUBLIC NOTIFICATION PERIOD
Section 53 of the Act states the required public notification period. The following is an extract from Section 53.
53(4)	The notice must state that—
(a)	a person may make a submission about the application to the assessment manager; and
(b)	any submission must be made by a stated day that is at least—
(i)	for an application that includes a variation request—30 business days after the notice is given; or
(ii)	for an application of a type prescribed by regulation—the period, of more than 15 business days after the notice is given, prescribed for the application; or
(iii)	for any other application—15 business days after the notice is given.
53(5)	 However, if the development assessment rules require the notice to be given in more than 1 way, the period mentioned in subsection (4)(b) starts on the day after the day when the last notice is given.
Please ensure that all public notices that are published in the newspaper, placed on the land, and given to adjoining land owners clearly state that:
(a)	written submissions may be made electronically; and
(b)	electronic submissions are to be sent to [email protected]
(c)	all submissions, including individual submitter's particulars, will be published on Council's website (Online Services) and therefore will be accessible to internet search engines

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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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