Extension to Currency Period - Refused 132006.1395.04

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	132006.1395.04
Your Reference:	01951
23 July 2018
RACV National Response Pty Ltd
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
Dear Sir/Madam
Extension to Currency Period
Planning Act 2016
I refer to your request received on 22 December 2015, to extend the currency period for an existing approval. On 19 July 2018 Council decided to refuse your request.
Details of the decision are as follows:
APPLICATION details
Application No:	132006.1395.04
Street address:	142 Noosa Drive Noosa Heads Qld 4567
Real property description:	Lot 3 SP 126203
Planning Scheme:	The Noosa Plan (16 September 2013)
decision details
Council on 15 May 2008 decided to issue the following type of approval:
Application No.	Type of Development
132006.1395	Preliminary Approval for Material Change of Use - Application to be Assessed Against the Superseded Planning Scheme - Multiple Dwelling (10 Units)
In relation to the request to extend the currency period, Council on 19 July 2018 decided to refuse the application. The reasons for refusal are detailed below.
Application No.	Type of Development
132006.1395.04	Extension to Currency Period
reasons for refusal
1.	The development is not consistent with the Noosa Plan 2006 as the proposal exceeds the maximum gross floor area permitted for the site and the proposal does not adequately respond to the site’s environmental values.
2.	Significant time has lapsed since the ecological assessment reports were originally submitted and the information in these reports is now outdated. Updated ecological reports have not been submitted.  Review of the original ecological report also finds the report is deficient as it does not satisfactorily address known koala movement through the site.
3.	Significant time has lapsed since the water quality assessment reports were originally submitted and the proposed stormwater drainage solutions are not compliant with the current Sate Planning Policy for Stormwater.
4.	Different bushfire hazard mapping to that used for the initial approval applies as the State Planning Provisions came into effect after the original approval and result in a higher hazard rating. The higher hazard rating may require changes to setback/buffer areas and an amended layout. An updated bushfire management plan has not been submitted to enable an assessment of the current bushfire hazard.
5.	The approval is contrary to the Planning Regulation 2017’s assessment benchmarks for development in koala habitat area as the development has not satisfactorily considered safe koala movement measures and habitat connectivity values.
6.	The community is unlikely to be aware of the proposal given the significant time that has lapsed and no works have commenced on site.
7.	If this request was refused and a further development application was lodged it is likely that submissions would be received raising valid grounds of objection to the proposed development’s non-compliance with The Noosa Plan given the site’s significant location and environmental values.
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.

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.

DECISION NOTICE HISTORY 132006.1394 (06/1395) Original Approval dated 24 January 2008. 132006.1394.001 Negotiated Decision Notice dated 15 May 2008. 132006.1394.02 Change to Existing Approval dated 14 July 2008. 132006.1394.03 Extension to Relevant Period dated 4 April 2012 132006.1394.04 – Extension to Relevant Period dated 19 July 2018

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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
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