Decision Notice - Approved by Delegation of Authority RAL22 0013

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	RAL22/0013  :
Your Reference:	TS 2223 Gooch
14 November 2022
DJ Colston
PO Box 29
PEREGIAN BEACH  QLD  4573

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 November 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL22/0013
Street address:	39 Lorilet St & 42 Lowry St Peregian Beach Qld 4573
Real property description:	Lot 392 SP 246599 & Lot 402 SP 246599
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
TS2223-POD	B	Plan of Development – Proposed Boundary Rearrangement, prepared by Colston Surveyors	21/06/2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 10 November 2026, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017): Premises contaminated because of unexploded ordnance.	The agency provided its response on 31 October 2022 (Reference No. 2209-31176 SRA). A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Jada Lyons
Assistant Development Planner

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

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Part 7: Miscellaneous

30 Representations about a referral agency response

20.1. An applicant may make representations to 8 concurrence agency st any ime before the application
|s decided, about changing a matter inthe referral agency response?

2 An applicant may elect. under section 22 to stop the assessment managers decision period in which
‘tw take this action. If concurrence agency wishes to amend ther response in relation to
representations made under tis secton, hey must do so in accordance with section 28


[Attachment: image11.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
 

Queensiand
Government

‘SARA ference: 2200-31178 SRA.
CCounci reference: RALZ2/00"3
‘Applicant reference: TS 2223 Goech

121 October 2022

(Chiat Executive Officer
Noosa Shire Council
PO Box 141

Tewantin GLO 4565
[email protected] gov.2u

Attention: Don Colston

Desr SitMadam

SARA response—39 Lorilet Street and 42 Lowry Street,

Peregian Beach
(Referral agency response given under section 58 of the Planing Act 2016)

 

“The development application described below was confirmed as properly refered by the State
Assessment and Referral Agency (SARA) on 7 October 2022.

Response

‘Outcome: ‘Referral agenay response with conditons

Date of response: 138 Oxtober 2022,

Condition: “The sondtons in Attachment 1 must be atached to any
development approval

Abie: ‘Advice tthe applicants in Attachment 2

Reasons: “The reasons forthe referal agency response arin Attachment 3.

Development det

 

Description: Development permit Reconfiguring a lt for boundary
realignment

SARA role Referral agency

‘SARA wigger Schedule 10, Part 4, Division 3, Table 1, tem 1 (10.4.3.1.1)—

Contaminated premises (unexploded ordnance) (Planning Regulation

‘Sou Eat aueersiang (Nor regonat
fie Ane Butg. Lee 12 Fret
‘Alene areosmaers

Page rots Pose T128, warocrycor GLO 4558


[Attachment: image4.png (image text)]
2017)
“SARA reference: 2200-31178 SRA
Assessment Manager Noosa Shire Council
‘Steet address: 30 Loniet Steet, Peregian Beach; 42 Lowry Street, Peregian Beach
Real property description: Lot 382 and 402 on SP248600
Applicant name: Mr Don Colston
‘Applicant contact detals: PO Box 20
Peregian Beach QLD 4573,

[email protected] au

Representations

‘Rn applicant may make representations o a concurrence agency, al any tne Before te appicaton S
‘decided, about changing a matter inthe referral agency response (5.20 Development Assessment Rules)
‘Copies of the relevant provisions are in Attachment &

‘A.copy ofthis response has been sant othe applicant for their information,

For futher information please contact Richard Wilson, Planning Officer, on 5362 8774 or via email
'[email protected] who will be pleased to assist.

‘ce MrDon Colston, donetravelingsurveyer comau

‘ene Altachment 1 -Referal agency condtions|
‘tachment 2-Advioe tote sppeant
‘tachment 3 - Razeons for rferl agency response
‘Atachment 4 Representations provsions

‘ate Assecemant and Rete Agenoy Page 20t6


[Attachment: image5.png (image text)]
Attachment 1—Referral agency con

 

ions

‘Under secon SEU TOViV ofthe Panning Act 2076 the Yolowing condone TUR DE SISERETw Sy SHORTT
approval relaing otis appeaton)

 

‘Conditions

‘Condition timing

 

Reconfiguring ofa lot

 

104.

sami

3.1.1 The chief executive administering the Planning Act 2016 nominates the
‘of te Department of State Development, Infrastructure Local Goverment and Planr
‘enforcement authority forthe development to which this development approval relates for the

iristraion and enforcement of any matter relating tothe folowing conditions:

Director-General
ning to be the

 

7

Provide wien confirmation to the Deparment of Siate Development,
Infrastructure, Local Government and Planning by an approved contractor
‘on the Australian Goverment. Department of Defence, Unexploded
‘Ordnance (UXO) Panel thatthe subject site has been remediated and
‘leared of unexploded ordnances.

‘The Unexploded Ordnance (UXO) Panels found online at

tovwwn. defence gov suleststemanagementsupporideholWhoTeEngsa

2.350,

 

 

Prior te
of works

 

 

 

‘ate Assecemant and Rete Agenoy

Page sets


[Attachment: image6.png (image text)]
Attachment 2—Advice to the applicant

 

General advice

 

7. ] Terms and phrases used inthis dooumant are defined inthe Planning Act 2076 fe regulation or
‘the State Development Acsecoment Provisions (SDAP) v3.0. if word remains undefined it has
its ordinary meaning.

72. _ | Provide the owner, occupier and any person employed to work on the subjed st the folowing
information
(@) Residual UXO may sil exist following remediation and all work should proceed with due
(©) The procedure tobe followed by any person nding an object suspected of being explosive
‘ordnance or component thereat
1. advise the police immediately
i. Gonet disturb the object
‘ake action, where appropriate o prevent it being disturbed by
(6) Another person:
note ts approximate dimensions and general sppearance
rote the route tos location.

 

 

“Applicants wanting o find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors, may use the following websites:
‘Department of Environment and Science -htps/www.des.qld.gov aul

+ _ Commonwealth Dapartment of Defence -htpiwww defence gov. uu

 

 

 

 

‘ate Assecemant and Rete Agenoy Page sors


[Attachment: image7.png (image text)]
Attachment 3—Reasons for referral agency response
‘Given under secton S87] of tne Panning Act 2076)

‘The reasons for SARA’s decision are:

‘+ the proposed development is fora development permit for a reconfiguring of a lot (boundary
realignment)
the subject st is located in an area with a substantial unexploded ordnance potential
“The development therefore required referral to SARA for assessment against the SDAP version 3.0,
‘State code 13: Unexploded ordnance (State code 13)

‘+ SARAas assessed the development application against State code 13 and determined thatthe
evelopment complies with State code 13, subject to a condition to ensure the development
‘manages the land in a manner that protects human safety and the environment

Material used in the assessment of the application:
‘The development application material and submitted plans

Planning Act 2016

Planning Regulation 2017

‘SDAP version 3.0, a5 published by SARA

‘The Development Assessment Rules

‘SARA DA Mapping system

‘Human Rights Act 2019,

‘ate Assecemant and Rete Agenoy Page sets


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Development Assessment Rules—Representations about a
referral agency response

“The following provisions are those set out in sections 28 and 20 of the Development Assessment Rules!
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

128.1. Despite part2, a concurence agency may, after ts referral agency assessment period and any
further period agreed ends, change is referral agency response or give alate reeral agency
response before the application is decided, subject to section 28.2 and 28.3,

128.2. Aconcurrence agency may change its referral agency response at any time before the application
{is decided
(a) the change isin response to a change which the assessment managers satisfied is a change

under secton 26.1; oF
(©) the Minister has given the concurrence agency a direction under section 38 of the Act: or
(6) the applicant has given writen agreement tothe change tothe referal agency response?

283. Aconcurrence agency may give alate referral agency response before the aplication s decided,
‘the applicant has given written agreement tothe late referal agency response.
284. Ifa concurrence agency proposes to change its referral agency response under section 2.2(3)
the concurence agency must—
(3) ive notice ofits intention to change its feral agency response tothe assessment manager
_and a copy tothe applicant within 5 days of receiving notice ofthe change under section 26.1;
and
(©) the concurence agency has 10 days from the day of giving notice under paragraph (a). or 8
further period agreed between the applicant andthe concurrence agency o give an amended
referral agency response to the assessment manager and 3 copy tothe applicant.

1 Pursuant o Section 08 of the Planning Act 2016

2 Inthe instance an applicant has made representations tothe concurrence agency under section 30,
{and the concurrence agency agrees to make te change included inthe representations, sacton|
22.2(¢)'s taken to have been saisfed.