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Negotiated Decision Notice 131998 981211 5

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                                                                                 Officer:            Nadine Gorton
                                                                                 Direct Telephone:   07 53296215
                                                                                 Our Reference:      131998.981211.5
                                                                                 Your Reference:     n/a

               22 April 2025


               Christian Youth Council
               C/- Pivotal Perspective Pty Ltd
               3/93 Hilton Tce
               TEWANTIN QLD 4565
               [email protected]



               Dear Sir/Madam
                                                Negotiated Decision Notice
                                                         Planning Act 2016

               I refer to your application and the representations you made in respect to the decision notice. On
               17 April 2025, Council decided your representations. This negotiated decision notice replaces the
               decision notice of 19 December 2024.
               Details of the negotiated decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:             131998.981211.5

                   Street address:             59 Kabi Rd Cootharaba Qld 4565

                   Real property description: Lot 394 M 371117, Lot 7 RP 216403, Lot 650 M 37380

                   Planning Scheme:            Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council on 19 December 2024, decided to issue the following type of approval:
               •       Material Change of Use - Undefined use
               In relation to representations, Council on 17 April 2025 decided to:
               A.      Agree to amend conditions 12, 57, 58, 66, 68, 76, 81, 86, 97 & 98.
               B.      Delete condition 44.
               C.      Refuse to amend condition 88 and 96 as:
                       a.     Condition 88 is a reasonable and relevant condition as the proposed use is a vulnerable
                              use and patrons are required to be evacuated when the fire danger rating is Extreme
                              and Catastrophic as this mitigation strategy is aligned with QFES guidance material.
                              Condition 96 relates to upgrades to the Kabi Road intersection necessitated by the
                              current proposal and increase to the number of patrons using the site.



               ABN 97.969.214.121                                                                 PO Box 141
               noosa.qld.gov.au                                                            Tewantin QLD 4565
               [email protected]                                                            07 5329 6500
                                                                                                           Page 1 of 20
Document Set ID: 23699332
Version: 3, Version Date: 22/04/2025
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               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

               Building
               1.     The Plans submitted for the Development Permit for building works are comply with the
                      approved plans.
               2.     Construction work associated with the 18 hole par 3 golf course element of the complex shall
                      not be permitted on Sundays public holidays or between the hours of 6:00 pm and 7:00 am,
                      provided that these hours may be modified with specific approval from the Manager of
                      Building.
               Health
               3.     A greased arrester should be provided at the clubhouse (if food preparation or cooking
                      occur). Include all trade waste information on the hydraulic drawings.
               Engineering
               4.     Prior to undertaking any excavation, the person acting on this permit shall contract public
                      utility service providers to ascertain the location of their underground services.
               5.     For the following classes of work associated with development, a Development Permit for
                      Operational Works must be obtained prior to commencement of works relating to that class
                      of work. The application may combine any or all of these classes of work –
                      •       Access and/or carpaking
                      •       Drainage
                      •       Frontage works
                      •       Roadworks
                      •       Site Filing
                      •       Excavation of materials to fill another site
                      •       Landscaping
               6.     The person acting on this permit shall apply and obtain for all other necessary permits
                      including crane permits, road opening permits, hoarding permits, footpath occupation permits
                      and/or any other approvals required under any other Act.
               7.     Before the issue a Development Permit for Operational Works, the Applicant shall sign a
                      written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
                      kerb and gutter, or other Council property damaged as a result of construction of the
                      proposed development.
                      If any Council property or facilities (such as underground drainage) is damaged by any
                      person acting under a condition of this permit, though may cause whatsoever in the course
                      of, directly or indirectly carrying out development, that person shall forthwith notify the
                      Manger-Land Development an shall forthwith rectify that damage as its cost and to the
                      satisfaction of the Manager-Land Development.
                      Alternatively, the Applicant may request the Council to carry out the rectification works.
                      In all cases, Council reservices the right to carry out rectification works in an emergency and
                      where no reasonable attempt has been made to complete the rectification works as part of
                      the development.
                      All costs incurred by Council in any rectification works shall be repaid to Council prior to the
                      commencement of the use.




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               8.     The Assessment Manager for building work shall ensure that all other permits required by
                      this permit have been obtained and outcomes from imposed conditions incorporated into the
                      building plans prior to issue of a Development Permpermait for Building Works.
               9.     All parking associated with the approved use shall be provided within the development site.
                      Formalised On-Site parking shall be for at least 80 car spaces, 2 Tourist Bus bays, including
                      a minimum of 10 spaces for staff. At lease 4 spaces shall be clearly marked for disabled
                      car spaces.
                      Additional contingency car parking shall be provided on shite for at least another 10 car
                      spaces and 1 tourist Bus and expanded as necessary to meet demand.
                      The car parking areas shall be designed to comply with the provisions as AS 2890.1-1993
                      for user class 2.
               10.    The formal car parking area shall be drained and the constructed with gravel pavement using
                      materials that minimise dust.
                      The access from the property boundary to the car park area shall be constructed to access
                      road standards except as a sealed road for the first 100 meters from the property boundary
                      and gravel thereafter using materials consistent with the formal car park area. Plans
                      specifications for these works shall be submitted in conjunction with an application for a
                      Development Permit for Operational Works
               11.    Provided that the use authorised by this permit has not lapsed, all carparking shall be kept
                      maintained and line-marked in a condition fir for use to the reasonable satisfaction of the
                      Manager-Land Development.
               12.    A contribution toward roadworks external to the development site in the Cootharaba Road
                      catchment shall be paid prior to the commencement of the Integrated Permaculture Designed
                      Organic Orchard and Golf Course Complex. The amount of the contribution as at September
                      1999 is $100,000 and shall be subject to changes in the Consumer Price Index, All Groups
                      Brisbane, up until the date of payment.
               13.    Prior to the commencement of the use, Kabi Road shall be upgraded to local road standard
                      of 6m seal on 8m gravel formation for its full length from the intersection with Cootharaba
                      Road to the development site, at not cost to Council.         Subject to satisfactory traffic
                      management being incorporated into the design of Kabi Road and fill batters being at a
                      maximum grate of 1:6, the gravel pavement width may be reduced to 7 metres. Design
                      details to be submitted in conjunction with the application for a development permit for
                      operational works.
               14.    No Council property of facility shall be interfered with during works associated with this
                      development.
               15.    All designs for engineering works involving the construction of pavements, kerb and channel,
                      vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage
                      reticulation shall be prepared in accordance with the requirements of Council’s Engineering
                      Design Standards, shall refence where applicable to Council’s Standard Drawings and shall
                      incorporate best engineering practice.
               16.    A suitably qualified Registered Professional Engineer shall prepare engineering drawings
                      and specifications for all engineering works which shall be submitted in conjunction with an
                      application for Development Permit for Operational Works.
               17.    Prior to commencement of the use, a certificate shall be submitted to Council from a
                      registered Professional Civil Engineer certifying that he has supervised all operational works
                      and that all works have been completed in workmanlike manner in accordance with good
                      engineering practice and in accordance with permits/approvals required pursuant to this
                      approval.
               18.    The following steps are undertaken prior to commencement of any construction on a public
                      road:



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                      •       The Principal Contractor shall give Council’s Inspector seven (7) days’ notice of
                              intention to commence works.
                      •       The Principal Contractor or any of this subcontractors shall not undertake any works
                              unless each contractor has public liability insurance in the sum of $10,000,000 and
                              copies of current public liability insurance policies are submitted to Council’s inspector.
                      •       The Principal Contractor shall nominate a site representative and give a telephone
                              number that can reach the site representative at any time during a 24 hour day.
                      •       The site representative shall arrange to meet on-site with Council’s Inspector to obtain
                              Council’s requirements for construction of access.
                      •       All signage, including that for safety during construction, shall be in accordance with
                              the Manual of Unifor Traffic Control Devices and Department of Transport (Main Road
                              Division) Roadworks Signing Guide.
               19.    The Transportation of all materials to and from the development site shall be undertaken in
                      a manner such that no particulate matter escapes onto a public road. All vehicles carrying
                      materials either to or from the development site shall be covered to prevent materials
                      including dust being windblown from the vehicle.
               20.    A program of works is to be submitted with any application for a Development Permit for
                      Operational Works detailing the construction schedule and proposed prevention measures.
                      Where the program is changed for any reason whatsoever, a copy of the revised program
                      shall be submitted to Council’s Works Inspector within seven (7) days.
               21.    Operational works are to be carried out in a manner that prevents:
                      •       Pollution of a waterway
                      •       Dust nuisance to residents in the vicinity
                      •       Transfer of dirt and debris onto a public road
                      •       Excessive noise (less than 1.5 Dba above ambient measured at the lot boundaries)
                      •       Excessive traffic delays (less than 5 minute delays)
                      •       Diminution of neighbourhood amenity (long term parking of employees vehicles,
                              parking of construction equipment etc.)
               22.    Where operational works are likely to affect nearby residents, at least 3 days notice of
                      commencement of work, the name of the site supervisor, and a 24 hour contact telephone
                      number shall be distributed to affected residents.
               23.    Fill imported to the site may only be from a site licensed with The Environment Protection
                      Authority or from a site for which a development permit for operational works has been
                      issued.
               24.    A practicing Geotechnical Engineer shall test the existing ground conditions for suitability of
                      placing additional fill prior to such fill being placed.
                      Filling works shall be restricted to the subject site itself, and the finished fill levels are to taper
                      to the existing levels prior to the rear boundary of the property.            Batters shall be at a
                      maximum grade of 1:4 unless retained by a wall.
                      Any existing fill or natural materials on the development site or with the extent of approved
                      works external to the site which do not satisfy the Manager-Land Development’s or a
                      Geotechnical Engineer’s requirements shall be removed and replaced with suitable material.
               25.    Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No.
                      W8A, and all work shall be supervised by a qualified Geotechnical Engineer who shall certify
                      that fill has been compacted to the required standard.




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               26.    The sewerage system for the club house and any toilet and washing facilities shall be
                      designed to cater for a minimum hydraulic loading of 4,000 litres per day with peak loadings
                      above 4,000 l/day being determined from details estimates.
               27.    Pursuant to Item 15 of Schedule 1 to the Environmental Regulation, 1988, a current licence
                      shall be held for this sewerage facility from the Environment Protection Agency (EPA).
               28.    Disposal of septic and sullage effluent may be by domestic aerated sewerage treatment plan
                      approved with disposal of final effluent by sub-surface irrigation. This system may be used
                      in conjunction with an approved composting toilet. Full details shall be submitted to Council
                      together with a copy of the EPA licence.
                      The Installation, operation and maintenance of the system shall be in accordance with all
                      licence conditions.
               29.    A detailed geotechnical report from a registered professional geotechnical engineer shall be
                      submitted covering the disposal area for the effluent disposal area. All recommendations of
                      the geotechnical engineer shall be incorporated in the design of the disposal area.
               30.    A final Environmental Management Plan (EMP) covering all aspects of the development
                      including all operational works as outlined in the Response to Finalised Information prepared
                      by Gary Dillon and Associates dated 20th April shall be submitted for approval as part of the
                      application for a development permit for Operational works. All baseline data required to
                      establish performance benchmarks shall be undertaken and included in the application.
               31.    To protect the environment against siltation/sediment export or soil erosion as a result of this
                      development, The Environment Management Plan shall detail all site control measures such
                      a silt fencing, sediment control ponds, nutrient stripping ponds. Prior to commencement of
                      any works, all physical site control measures shall be installed, and the plan adhered to.
               32.    All existing noxious weeds, including but not limited to Groundsel bush (Baccharis
                      halimifolia), Giant Rats Tail Grass (Sporobolus pyramidalis and S. natalensis), and Salvinia
                      molesta, shall be kept cleared from the development site.
                      Under State Legislation, Gall Fly (Rhopalomya Californica) is not a recognised means of
                      control destruction of groundsel bush. Any existing Declared Noxious Plants under the Rural
                      Lands Protection Act (1985) which have a control category of P2, P3 or P4 shall be controlled
                      in a manner pursuant to the Rural Lands Protection Act (1985).
                      The notification period to Council of the completion of eradication works shall be a minimum
                      of thirty (30) days. The Applicant is advised that Council’s Noxious Weeds Officer will not
                      undertake an inspection the development site until after this notification period has expired.
               33.    As part of the application for a development permit for operational works, details for
                      rehabilitation of the dam and waterway areas by the use of native fauna and flora shall be
                      included.
               34.    All suitable native trees shall be retained. Details of retained trees shall be submitted with
                      any application for a Development Permit for Operational Works.
                      Particular care shall be given not to interfere with the natural ecology around retained trees
                      likely to cause stress to these trees.
               35.    The existing vegetation on this site shall be retained except where required to be removed
                      to enable construction of roads, accesses or pegging of surveyed boundaries. Particular
                      care shall be taken not to disturb vegetation adjacent to existing creeks and watercourses.
               36.    Prior to commencement of any operational works arising out of this permit, security in the
                      sum of $25,000 must be lodged with Noosa Council, to secure performance of conditions of
                      this approval relating to works external to this site. The security shall be in the form of cash
                      or unconditional trading bank guarantee acceptable to the Manager-Land Development.




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                      The security will be returned upon satisfactory performance of all relevant conditions of this
                      approval and any other related development permit for operational, less any costs incurred
                      by Council in ensuring compliance with these conditions of for any additional inspections
                      incurred for substandard work or works undertaken not in accordance with the is permit.
               37.    The requirements of ENERGEX, OPTUS and TELSTRA shall be satisfied in relation to any
                      existing services which currently traverse the development site. Written confirmation by the
                      relevant authorities that satisfactory arrangements have been made to formalise any existing
                      informal services shall be submitted prior to commencement of the use.
               38.    All stormwater drainage shall be designed in accordance with the provision of the 1987
                      Australian Rainfall and Runoff (A.R.R.), Australian Standard AS3500.3.2-1988 ‘Stormwater
                      Drainage-Acceptable Solutions’ and Noosa Council Standards. Pipe and channel drainage
                      systems shall be designed to cater for 10 (ten) year Average Recurrence Interval design
                      storm for Kabi Road.
               39.    The water quality of any water originating from and leaving the site shall not vary by more
                      than 5% form the baseline data for water currently leaving the site measured in the north
                      eastern area of the development site. Monitoring of water quality in the dams shall be
                      undertaken monthly during construction and annually during operation.
               40.    A water quality plan be included in the EMP and once approved, shall be complied with at all
                      times.
               41.    Stormwater drainage shall include measures to protect proposed allotments from run-off from
                      surrounding land. The design shall also address controls for gross pollutants, nutrient runoff,
                      oil and grease, and silt and sediment.
                      Underground stormwater systems shall be designed in accordance with Noosa Council’s
                      Engineering Design Standards, and shall also be connected, where possible to Council’s
                      existing drainage systems.
                      An easement of minimum with 4.0 metres shall be granted in favour or Council over any
                      stormwater pipes that traverse private property.
                      Designs that concentrate stormwater onto adjoining land shall require separate form
                      approval from the owner of the land or relevant Government Authority. Such approval shall
                      be submitted with the design in conjunction with an application for a Development Permit for
                      Operational Works.
               Town Planning
               42.    Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are numbered No. G177.DCP.02
                      Figure 3 prepared by GNP Golf Design Pty Ltd and dated May 1998 and as may be amended
                      by these conditions.
               43.    The approval of the Sport and Recreation (golf course) component of the Integrated
                      Permaculture Designed Organic Orchard and Golf Course Complex, is only valid for as long
                      as the Agriculture use (Permaculture) is undertaken on this site. The Sport and Recreation
                      (Golf Course) use, and ancillary uses, lapses if the Permaculture use ceases on the site.
               44.    Deleted.
               45.    The Regional Manager, Cultural Heritage Program, Southeast Region, Environment
                      Protection Agency should be contacted immediately on (07) 3325 8425 should any cultural
                      artifacts be exposed during construction.
               46.    The proponent should give some consideration to rehabilitating the existing and proposed
                      waterway features, to a more natural state, by the use of native fauna and flora. The
                      Southern Fisheries Centre (Mr Bob Simpson, (07) 3817 9590 may be contacted for advice
                      on stocking native fish.




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               47.    The clubhouse is limited to a size of 280m2. Any future application for the granting of a
                      Liquor Licence should be limited in the hours of the licence to not later than 10pm Monday
                      to Sunday, to minimise the potential impacts on surrounding residences. The clubhouse is
                      not permitted to operate after 10pm daily and is not to be utilised as a Function Room.
               48.    The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of excessive noise, lighting nuisance
                      or other emissions.
               49.    The open space and setback areas are to be landscaped in accordance with Council’s Policy
                      on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is
                      to be completed prior to the commencement of the golf course component of the use and
                      maintained at all times thereafter to the reasonable satisfaction of the Director of Environment
                      & Planning.
               50.    Existing trees on the site and within road reservice are to be retained, except where required
                      to be removed due to building operations or the conduct of the approved use. The landscape
                      plans referred to above are to denote areas of existing vegetation or existing trees proposed
                      to be retained.
               51.    Any advertising sign or device is to comply with the provisions of Council’s policies on
                      advertising.
               52.    The developer must submit security in the form of a cash bond or trading bank guarantee to
                      the sum of $20,000 to secure performance of all conidiations of this approval, prior to the
                      issue of a Development Permit for building works. 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.
               53.    The requirements of this development approval are to be effected, prior to the use of the
                      premises. Council reserves the right to call upon the bond or guarantee sum referred to in
                      this approval to effect compliance with conditions.
               54.    This development Permit for material change of use of premises lapses if :-
                      a.      The use or erection of a building or other structure associated with the use, has not
                              been commenced within four (4) years of the date of issue of the Development Permit,
                              unless application is made and approved by Council for an extension; or
                      b.      the use of any premises pursuant to the Development Permit ceases.
               55.    Prior to the commencement of development, the developer must obtain the following
                      Development Permits:-
                      a.      Development Permit for building works;
                      b.      Development Permit for plumbing and drainage works;
                      c.      Development Permit for operational works of landscaping, carparking and access;
                      d.      Development Permit for reconfiguring a Lot (amalgamation).
                      The developer must obtain all of the other Development Permits referred to above, prior to
                      obtaining a Development Permit for building works, unless the Council agrees otherwise.
               Additional Conditions - 19 December 2024
                      When Conditions must be Complied With
               56.    Unless otherwise stated, conditions 56 to 108 relating to the Group Farm Stay
                      Accommodation and Associated Activities, of this Decision Notice must be complied with
                      prior to the use commencing, and then compliance maintained at all times while the use
                      continues.




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                      Currency Period
               57.    The Group Farm Stay Accommodation and Associated Activities use lapses if the use has
                      not happened by 7 March 2031 unless an application to extend the currency period is
                      approved by Council.
                      Approved Plans
               58.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below. The plans must be amended to incorporate the
                      amendments listed within the table below and resubmitted to Council prior to the issue of any
                      Development Permit for Operational Works

                         Plan No.          Rev.   Plan/Document Name                          Date

                         A-DA-01.02        09     Existing/Demo Site Plan prepared by 9/12/2024
                                                  Elevation Architecture

                         A-DA-01.04        17     Proposed Development Site Plan 9/12/2024
                                                  prepared by Elevation Architecture

                         A-DA-01.05        09     Permaculture Utilisation prepared by 9/12/2024
                                                  Elevation Architecture

                         A-DA-CL-01.03     D      Site Plan – Clamping Village prepared by 8/11/2024
                                                  Elevation Architecture

                         A-DA-CL-03.02     E      Floor Plan – Clamping 1 prepared by 8/11/2024
                                                  Elevation Architecture

                         A-DA-CL-03.03     D      Floor Plan – Dining & Activity prepared 8/11/2024
                                                  by Elevation Architecture

                         A-DA-CL-03.04     D      Floor Plan – Clamping 2 prepared by 8/11/2024
                                                  Elevation Architecture

                         A-DA-CL-09.01     B      Context Elevations – Village 1 prepared 8/11/2024
                                                  by Elevation Architecture

                         A-DA-CL-09.02     D      Elevations - Dining & Activity prepared by 8/11/2024
                                                  Elevation Architecture

                         A-DA-CL-10.01     D      Elevations - Dining & Activity prepared by 8/11/2024
                                                  Elevation Architecture

                         A-DA-CL-11.1      B      Tent Type 1 – Standard Students tent 8/11/2024
                                                  prepared by Elevation Architecture

                         A-DA-CL-11.2      B      Tent Type 2 – PWD Students tent 8/11/2024
                                                  prepared by Elevation Architecture

                         A-DA-CL-11.3      B      Tent Type 3 – Standard Teachers Tent 8/11/2024
                                                  prepared by Elevation Architecture

                         A-DA-CL-11.4      B      Tent Type 4 – PWD Teachers tent 8/11/2024
                                                  prepared by Elevation Architecture




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                         A-DA-01.03         15     Proposed Whole Site Plan prepared by 17/02/2025
                                                   Elevation Architecture

                      Nature and Extent of Approved Use
               59.    The Group Farm Stay Accommodation approval is for a maximum of 88 beds comprising 80
                      student beds and 8 teacher beds with a maximum gross floor area of 1150m2.
               60.    The Group Farm Stay Accommodation is to be operated in conjunction with the existing
                      permaculture golf course and agricultural activities on site and is to be generally consistent
                      with the recommendations of The Permaculture, Syntropic and Regenerative Agriculture
                      Food Systems report dated June 2022.
               61.    The Group Farm Stay Accommodation is to be used for school camps and sporting/
                      community groups.
               62.    The accommodation tents and beds not rented out to individuals.
               63.    The golf course is to be closed to the general public whilst the Group Farm Stay
                      Accommodation is in operation.
               64.    No staff accommodation is approved for the site other than the on-site manager and the 8
                      teacher beds within the tents.
               65.    The premises must not be used for events, functions or parties (e.g. parties, raves, markets,
                      competitions, functions, events or wedding receptions).
               66.    During Extreme or Catastrophic Fire Danger Ratings (FDR), buses capable of evacuating all
                      patrons must remain on site whilst the Group Farm Stay Accommodation is in operation.
               67.    Service vehicle movements associated with the use on the premises (including loading and
                      unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
                      all on Sundays or public holidays.
                      Building Appearance
               68.    External design features, materials and finishes must be as generally shown on the Approved
                      Plans, with no inclusions or alterations made without approval in writing by Council.
               69.    The Group Farm Stay Accommodation and Hall is to be of a temporary nature and of
                      lightweight construction as detailed on the approved plans. The accommodation and
                      communal hall are to be on suspended floors and be capable of being removed. All tents are
                      to include canvas walls and PVC membrane roof.
               70.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
                      Amenity
               71.    The operation of the approved use must not detrimentally affect the residential amenity
                      (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
                      residents or cause a nuisance, including a noise nuisance.
               72.    Amplified music must cease in outdoor spaces by 9pm 7 days a week.
               73.    Any vertical illumination resulting from direct, reflected or other incidental external lighting
                      emanating from the site must not exceed 8 lux when measured at any point 1.5 metres
                      outside the boundary and at any level from ground level upward.
               74.    Except in the case of a lawful rural or emergency purpose, or unless approved otherwise by
                      Council’s delegate, helicopters or other aircraft must not land or take off from the property at
                      any time.
               75.    Fireworks and lasers are not permitted at any time.
                      Building Height
               76.    The maximum height of the development must not exceed 8 metres above the ground level.


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                      Water Supply
               77.    The development must be provided with a potable water supply having a capacity sufficient
                      for the use.
                      Sustainable Building Design
               78.    The development is to supply the equivalent of at least 33% of its power through renewable
                      sources. Certification must be submitted to Council prior to the use commencing which
                      certifies compliance with the condition.
                      Waste Management
               79.    A Waste Management Plan must be prepared that details the type and quantity of waste
                      material that is likely to be generated by the development; where and how the waste will be
                      stored, disposed of and procedures for handling the waste. The Waste Management Plan
                      must be submitted and approved by Council prior to the issue of a Development Permit for
                      Operational Works.
                      Land Amalgamation
               80.    All properties the subject of the development must be amalgamated, or alternatively retained
                      within reciprocal access easements prior to issue of the Building Approval for proposal.
                      Landscaping Works
               81.    Plant pest (weeds) must be managed to:
                      a.      Ensure declared plants under the Land Protection (Biodiversity Act 2016 and sub-
                              ordinate Regulation 2016) are controlled and prevented from spreading.
                      b.      Oversee management of environmental weeds identified in the Noosa Biosecurity Plan
                              2020, utilising techniques that minimise regrowth, prevent damage to non-target
                              species, retain conservation values and maintains site stability.
               82.    All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
                      Land Rehabilitation
               83.    A vegetation protection covenant must be registered against the titles of the properties over
                      the area identified as Core Koala Habitat on Lot 7 RP216403, Lot 394 M371117, and Lot 650
                      M37380 pursuant to Section 97A of the Land Title Act 1994. The covenant document and a
                      survey plan must be submitted to Council for endorsement prior to lodgement with the
                      relevant titles authority for registration of title. The covenant document must:
                      a.      incorporate the requirements of this Decision Notice
                      b.      include Noosa Council as Covenantee
                      c.      reference Queensland Land Title Registry Standard Terms Document No. 715597513.
               84.    If a provision included in the covenant document is requisitioned or refused registration by
                      the relevant titles authority, a substitute provision must be included in the document which
                      as nearly as practicable addresses the objective sought by the requisitioned or refused
                      provision. The wording of the substitute provision must be agreed by Council.
                      Fencing to Protected Land
               85.    A permanent fence or permeant markers must be constructed along the entire length of the
                      interface of the site with the vegetation protection covenants. The fence / markers must be
                      constructed in accordance with an Operational Works approval and must be to the following
                      specifications:
                      a.      allow adequate clearance at ground level for local macropods
                      b.      not include any use of barbed wire or similar materials


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                      c.      constructed of fire-proof materials
                      Fauna Management
               86.    Native 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.
                      Bushfire Management
               87.    The development must be carried out in accordance with Bushfire Hazard Assessment and
                      Management Plan v4 prepared by North Coast Environmental Services dated 06/09/2024,
                      which must be amended to include:
                      a.      Revised plans that incorporate the latest architectural plans that show the clamping
                              infrastructure wholly outside of the Noosa plan Bushfire hazard mapping potential
                              impact buffer.
                      b.      Section 5.3 Water Supply is to be updated to include a minimum of 20,000 litres of
                              dedicated static water supply for firefighting purposes for each group of 7 cabins. The
                              last paragraph of this section needs to be updated as an error is present “shared
                              between 2 cabins’ This should read 7.
                      c.      Revised plans that demonstrate a minimum 10,000 litres of dedicated static water
                              supply for firefighting purposes is available at the shelter in place location.
                      d.      Revised plans that incorporate the recommended fire access trail within Lot 394
                              M371117 (see Plate 23 of the Bushfire Hazard Assessment and Management Plan)
                              and extending along the southern boundary until it meets the eastern boundary of the
                              subject site, before gaining access to Road 176.
                      e.      Detail that the fire access trail along the southern boundary is to be gated and used for
                              emergency access only.
                      The report must be resubmitted and approved by Council incorporating the above
                      amendments prior to the issue of any Development Permit for Operational Works.*
               88.    The development must be carried out in accordance with Bushfire Evacuation Plan v4
                      prepared by North Coast Environmental Services and dated 06/09/2024, which must be
                      amended as follows
                      a.      Revised plans that that incorporate the latest architectural plans that shows the internal
                              evacuation route that connects directly between the shelter in place building and the
                              clamping infrastructure.
                      b.      Section 8 Evacuation Triggers, to be updated to include:
                              i.       Daily review of FDR forecasts for the Southeast Coast which are available from
                                       the Bureau of Meteorology
                              ii.      Evacuation of all guests and non-essential staff prior to the commencement of
                                       any day with a forecast FDR rating of Extreme or Catastrophic.
                      c.      Section 7 Evacuation Routes, to incorporate detailed plans of the secondary
                              emergency access and associated maintenance requirements.
                      The report must be resubmitted to Council incorporating the above amendments prior to the
                      issue of any Development Permit for Operational Works.*
                      *(Refer to Advisory Note)
               89.    The site must be provided with water storage reservoirs for emergency firefighting purposes
                      in accordance with the amended Bushfire Hazard Assessment and Management Plan. Such
                      storage must be provided in addition to the water supply capacity required for the use and
                      must be provided in the form of a static water supply tank. If by rainwater tank, water storage
                      for firefighting purposes must be provided either in a separate rainwater tank or a reserve
                      section in the main water supply tank on which:



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                      a.      the domestic take off from the tank is at or above the required amount of water required
                              by the amended bushfire management plan; and
                      b.      standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel
                              drive rural services vehicles.
               90.    The site must be provided with an auxiliary power supply such as a petrol driven fire fighter
                      pump (or generator), together with a hose of sufficient length to easily reach around to all
                      sides of the building.
               91.    A copy of the Bushfire Hazard Assessment and Management Plan listed within this Decision
                      Notice must be provided to the nearest fire authority.
               92.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the bushfire management conditions
                      of this Decision Notice.
                      *(Refer to Advisory Note)
               93.    The development must be managed in accordance with the Bushfire Evacuation Plan listed
                      within this Decision Notice.
                      *(Refer to Advisory Note)
               94.    A copy of the Bushfire Evacuation Plan for the development must be provided to the nearest
                      fire authority.
                      Performance Bond
               95.    Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Operational Works. 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.
                      External Works – Kabi-Cootharaba Intersection
               96.    The existing intersection joining Cootharaba Road with Kabi Road must be upgraded to
                      include a sealed Basic Right Turn Treatment. The works must be undertaken in accordance
                      with an Operational Works approval, be generally in accordance with section 7.2 of
                      Austroads’ A Guide to Road Design Part 4A, sections 5, 6 and 8 of BMC Traffic’s Traffic
                      Engineering Assessment Report (Doc ID: 22354477) dated 22 March 2023, The Noosa Plan
                      2020 – PSP6 Engineering Design Standards, and include, but not be limited to:
                      a.      a design prepared by a suitably qualified person (RPEQ);
                      b.      adequate manoeuvring about the intersection for a 12.5m and 14.5 rigid vehicle, so
                              that no part of the rigid vehicles exits the traffic lane(s); and
                      c.      widening of Kabi Road in accordance with Condition 97 ..
                      External Works – Kabi Road
               97.    Prior to the commencement of the Group Farm Stay Accommodation use, Kabi Road must
                      be upgraded for the full length of the road (i.e., between 59 Kabi Road and Cootharaba
                      Road). The works must be undertaken in accordance with an Operational Works approval,
                      be generally in accordance with The Noosa Plan 2020 – PSP6 Engineering Design
                      Standards for a “Rural, Local” road, and include, but not be limited to:
                      a.      a design prepared by a suitably qualified person (RPEQ);
                      b.      a combined sealed traffic lane width of 6.0m;
                      c.      a gravel shoulder width of 1.0m;
                      d.      a pavement design suitable to cater for heavy vehicles (i.e., rigid vehicles, buses, etc.);
                      e.      all associated drainage infrastructure (i.e., table drain, culvert, etc.);


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                      f.      deleted
                      g.      considerations to the existing residential driveway crossovers; and
                      h.      a sealed turnaround facility sufficiently sized to accommodate a 3-point turn manoeuvre
                              of a heavy rigid vehicle (HRV) located at the end of the road.
                      Fire Access Trail
               98.    The development site must be provided with an Emergency Bushfire Evacuation Route
                      connecting to Council’s “Road 176”. The emergency route is to be used for emergencies only
                      and is not to be used for deliveries or general access.
                      The works must be undertaken in accordance with an Operational Works approval and
                      section 5.5 of North Coast Environmental Services’ Bushfire Hazard Assessment and
                      Management Plan (J001061, v.4) dated 11 September 2024, and include, but not be limited
                      to:
                      a.      a design prepared by a suitably qualified person (RPEQ) that is to an acceptable
                              standard to cater for a HRV, 14.5m rigid vehicle (i.e., bus) and appropriate fire-fighting
                              appliances in the event of a fire emergency only.
                      b.      a design that allows for unbroken access for a HRV, 14.5m rigid vehicle (i.e., bus) and
                              appropriate fire-fighting appliances through the site (i.e., from “Road 176” to all parking
                              and manoeuvring areas and through to Kabi Road);
                      c.      a design that includes passing bays and turning areas;
                      d.      the emergency route, all internal roads and associated manoeuvring areas must not
                              exceed a gradient of 12.5%;
                      e.      the emergency route must have a maximum cleared width of 10.0 metres and a
                              minimum cleared width of 6.0 metres; and
                      f.      the upgrades to “Road 176” and associated drainage infrastructure, which must be
                              maintained by the applicant during the life of the development.
                      g.      Consultation must occur with the existing resident(s) that access “Road 176” in relation
                              to the proposed works.
                      Site Access and Driveways
               99.    A sealed access driveway must be provided from Kabi Road to all parking and manoeuvring
                      areas of the development. The works must be undertaken in accordance with an Operational
                      Works approval, be generally in accordance with Elevation Architecture’s Proposed
                      Development Site Plan (A-DA-01.04, Rev. 17) dated 9 December 2024, and Council’s
                      standard drawing RS-051 and any associated addendum.
                      Car Parking
               100. A minimum of 8 car parking spaces and 2 bus bays must be provided and marked on the site
                    and always made available and accessible while the use is open for business. The works
                    must be undertaken in accordance with an Operational Works approval, be generally in
                    accordance with Elevation Architecture’s Proposed Development Site Plan (A-DA-01.04,
                    Rev. 17) dated 9 December 2024 and must include in particular:
                      a.      8 staff parking spaces within the total, which are clearly marked for that purpose;
                      b.      1 disabled parking space/s within the total;
                      c.      2 bus bays;
                      d.      a sealed turnaround facility sufficient sized to accommodate a 3-point turn manoeuvre
                              of a 14.5m rigid vehicle in accordance with section 5.5 of North Coast Environmental
                              Services’ Bushfire Hazard Assessment and Management Plan (J001061, v.4) dated
                              11 September 2024;




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                      e.      marked pedestrian routes between the proposed car parking area(s) and the clamping
                              site area; and
                      f.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.
               101. Directional signage must be provided to direct visitors and patrons to the car parking spaces
                    provided on site.
                      Service Vehicles
               102. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
                    The works include in particular:
                      a.      regular access for vehicles up to a 14.5m rigid vehicle.
                      Stormwater Drainage
               103. 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, be generally in accordance with RECOR’s Stormwater Layout Plan (C040, Rev. C)
                    dated 26 September 2024 and must include in particular:
                      a.      the disposal of stormwater without causing scour or damage to the subject site or any
                              adjoining properties; and
                      b.      the extension of Council’s existing box culvert (600mm x 1200mm) to allow for the Kabi
                              Road upgrade. The extension must meet the requirements of QUDM and Condition 97.
                      Easements
               104. 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.
               105. 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.
               106. 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
               107. All earthworks and associated retaining structures/batters, both above and below ground,
                    both temporary and permanent, must be undertaken in accordance with an Operational
                    Works approval, be generally in accordance with RECOR’s Earthworks Plan (C020, Rev. C)
                    dated 26 September 2024 and contained entirely within the subject site unless written
                    permission from the respective landowner(s) is provided to Council.
               108. 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.
               5.     REFERENCE DOCUMENTS

                        Plan No.       Rev. Plan/Document Name                                 Date

                        J001061        4      Bushfire Hazard Assessment & Management 06.09.2024
                                              Plan v4, prepared by, North Coast
                                              Environmental Services

                        J001061        1      Bushfire Hazard Assessment & Management 06.09.2024
                                              Plan v4 - Appendix 2 Bushfire Evacuation Plan


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                                                 v4, prepared by, North Coast Environmental
                                                 Services

                        -                 -      Proposal for Permaculture, Syntropic & June 2022
                                                 Regenerative Agriculture food systems for CYC
                                                 Campsite prepared by PermEco Inc (Tome
                                                 Kendall & Zaia Kendall)

                        -                 -      Traffic Engineering Assessment Report           22 March 2023
                                                 Prepared by BMC Traffic

                        C020              C      Earthworks Plan                                 26 September
                                                                                                 2024
                                                 Prepared by RECOR

                        C040              C      Stormwater Layout Plan                          26 September
                                                                                                 2024
                                                 Prepared by RECOR

               6.     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
               1.     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
               2.     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
               3.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      traffic management during all aspects of the construction phase including:
                              i.       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;
                              ii.      maintenance of safe vehicle and pedestrian access for the areas affected by the
                                       works during and after daily construction has ceased;
                              iii.     proposed fencing to the site during the construction phase of the development;
                              iv.      approval of the Traffic Management Control Plan by the Department of Transport
                                       and Main Roads (DTMR) for any works on State controlled roads; and
                              v.       provision for worker car parking.
                      b.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures;
                      c.      works programme identifying key components of the works and their respective
                              durations;




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                      d.      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;
                      e.      Include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details;
                      f.      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;
                      g.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager; and
                              ii.      dispute resolution procedures.
                      h.      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.
                      Performance Bond Agreement
               4.     An applicant for a development application may make an agreement with an assessment
                      manager, referral agency or other person to establish the responsibilities, or secure the
                      performance, of a party to the agreement about a development condition.
                      Qualified Person
               5.     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.
               6.     For the purpose of preparing an Arborist Report, a qualified person is considered to be a
                      person with either:
                      a.      ISA certification; or
                      b.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
                              the field of arboriculture.
               7.     For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
                      landscape architect or ecologist with a minimum of 3 years current experience in the field of
                      landscape design.
               8.     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.
               9.     For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                      with the bushfire requirements of this Decision Notice, a qualified person is considered to be
                      an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
                      and management.
               Infrastructure Charges
               10.    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




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               7.     PROPERTY NOTES

               The following property notes will be placed against the subject property in Council’s property record
               system:
               Vegetation Protection Covenant
               1.     A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to
                      occur within the covenanted area, except where in accordance with the terms of the
                      covenant.
               Bushfire Management
               2.     To ensure the safety of people and property on this property is maintained, all buildings and
                      structures must be sited and/or constructed in accordance with the bushfire management
                      conditions of Council Approval 131998.981211.5 and associated Operational Work
                      approvals.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required              Subject of the required Development Permit

                Development            Permit   for   Operational Roadworks,    Earthworks,     Stormwater,
                Works                                             Drainage, External Works     Access and
                                                                  Landscaping

                Development Permit for Building Works            Building Works

               10.    SUBMISSIONS

               There were 2 properly made submissions about the application. In accordance with the Planning
               Act 2016, the name, address and electronic address of the principal submitter for each properly
               made submission is provided and attached.
               11.    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.
               12.    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.




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               Yours faithfully,




               Patrick Murphy
               Manager, Development Assessment
               Development Regulation


               Enc:   List of Submitters
                      Appeal Rights
                      Infrastructure Charge Notice
                      Approved Plans/Documents



               DECISION NOTICE HISTORY
               •   Original Decision Notice – 21 October 1999 (12637 DA)
               •   Negotiated Decision Notice – 16 March 2000, with an amendment to conditions 2, 9, 10, 12, 13, 26 & 39.

               •   Decision Notice - Minor - 131998.981211.2 - 19 January 2006, with an amendment to condition 47.

               •   Decision Notice – Other Change – 19 December 2024 – 131998.981211.5 with additional conditions 58 to 108 (inclusive).
               •   Negotiated Decision Notice – Other Change– 16 April 2025 - 131998.981211.5 – with amendment to conditions 12, 57, 58, 66,
                   68, 76, 81, 86, 97, 98 and delete condition 44.




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                                          List of Submitters
                                          PLANNING ACT 2016 & PLANNING REGULATION 2017




                Name                   Email                            Address

                Aaron White            [email protected]           77 Bunneys Lane Kin Kin
                Adrian Williams        [email protected]        President of Noosa
                                                                        Ratepayers Assoc. PO Box
                                                                        94 Noosa Heads Qld 4567
                                                                        0418477089




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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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