Extension to Currency Period - Approved REC12 0066.03

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	REC12/0066.03
Your Reference:	PR149392
3 June 2021
Resort Parks Australia Noosa North Trust
C/- RPS Group
PO Box 6149
MERIDAN PLAINS  QLD  4551
[email protected]
Dear Sir/Madam,
Extension to Currency Period
Planning Act 2016
I refer to your request received on 30 April 2021, to extend the currency period for an existing development approval. On 1 June 2021, Council decided to approve your request.
Details of the decision are as follows:
APPLICATION details
Application No:	REC12/0066.03
Street address:	1 Beach Rd Noosa North Shore Qld 4565
Real property description:	Lot 1 RP 135678, Lot 2 RP 135678
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
decision details
The following type of approval was issued on 9 November 2012
Development Permit for Reconfiguration of a Lot (Boundary Realignment – 2 Lots into 2 Lots)
In relation to the request to extend the currency period for this approval, Council on 1 June 2021, decided to extend the currency period as detailed below.
currency period of approval
The currency period ends for this development approval on 19 May 2023.
assessment manager conditions
PLANNING
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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to submission of any subdivision plan to Council for compliance assessment* .
*(Refer to Advisory Note)
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the boundary clearances 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
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of The Plumbing and Drainage Act 2002 and associated codes and requirements
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
ENGINEERING
Endorsement of the Plan of Survey
In conjunction with the lodgement of the Plan of Survey, all the relevant details of the proposed new easements, G and F must be submitted to Council with a confirmation that the proposed easements details are of appropriate and adequate dimensions for purpose of the intended use of the easements and any associated maintenance access requirements.
In conjunction with the lodgement of the Plan of Survey, updated easement documents for the sewerage easements B and C must be submitted to Council to include the new lots and provide all lots with the necessary right for the use of the easement/s to reflect the updated Infrastructure Agreement between the relevant parties.
Prior to Council endorsing the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal. Any changes required by Council’s Solicitor must be attended to prior to endorsing the Plan of Survey.
Any necessary Titles Office forms requiring the consent of Council are to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents and the covenants documents (as detailed in the conditions of this permit) must also be lodged with any additional Titles Office forms or requisitions requiring the consent of Council being attended to without delay.
Prior to the submission of the Plan of Survey for Council endorsement, the applicant must provide an updated Infrastructure Agreement/s detailing all necessary rights for treating and conveying treated and/or untreated sewerage and the associated operation responsibilities and cost. An agreement for water entitlement of the shared dam shall also be required.
LANDSCAPE & ECOLOGY
Ecological Preservation
Pursuant to Section 97A of the Land Title Act 1994, covenants must be registered against the title of proposed Lot 2 in relation to the land area described as:-
Area west of Maximillian Road for environmental purposes for riparian protection; and
Area east of Maximillian Road identified as Regional Ecosystem 12.2.12 on Vegetation Management Act Regional Ecosystem and Remnant Map Version 6.1for vegetation protection.
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:
incorporate the requirements of this Decision Notice
include Sunshine Coast Regional Council as Covenantee
reference Queensland Land Title Registry Standard Terms Document No. 713966030. or the most recent updated version.
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.
The obligations of the registered covenant must be complied with by the applicant and all successors in title.
All proposed new lot boundaries in the area east of Maximilian Road must be set back a minimum of 10 metres from the trunks of the outer trees located in the regional ecosystem from remnant vegetation as depicted on Vegetation Management Act Regional Ecosystem and Remnant Map Version 6.1.
Land Protection
Signage for Protected Land must be erected along the eastern and western length of the covenant area east of Maximillian Road identified as Regional Ecosystem 12.2.12 on Vegetation Management Act Regional Ecosystem and Remnant Map Version 6.1.
The signage must be constructed in accordance with the following specifications:
(a) 	Visible, durable and prominent signage (minimum size of A5 with minimum font of 48 pt) must be installed on posts along the covenant protection area stating "This land is protected by an Environmental Covenant" or similar wording approved in writing by Council.
(b) 	All posts must be durable, weather resistant and visually complementary to the natural environment
(c)	Covenant signage posts must be a minimum 1.2 meters high
(d)	Covenant signage posts must be erected vertically at every 15 meters intervals or at covenant boundary direction changes, which every distance is the shortest.
(e)	All signage and posts must be maintained in a legible and prominent manner for the life of the covenant.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	Department of Environment & Heritage Protection GPO Box 2454 BRISBANE  QLD  4001	Tidal works, or development in a coastal management district.	The agency provided its response on 20 September 2012 (Reference No. SPCC04650212).  A copy of the response is attached.
		Contaminated Land	The agency provided its response on 20 September 2012 (Reference No. SPCL04650112).  A copy of the response is attached.
Concurrence	Department of Transport and Main Roads PO Box 1600 Sunshine Plaza Postal Shop MAROOCHYDORE  QLD 4558	State Controlled Roads	The agency provided its response on 17 August 2012 (Reference No. TMR12-003662).  A copy of the response is attached.
Advice	Department of Environment & Heritage Protection GPO Box 2454 BRISBANE  QLD  4001	Land in or near a wetland	The agency provided its response on 20 September 2012  (Reference No. SPAR04650012)
APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan No.	Rev.	Plan Name	Date
SS2478_02_C		Plan of Reconfiguration of Proposed Lots 1 and 2 and Proposed EMT F in Lot 1 and EMT G in Lot 2, prepared by Wolter Consulting Group	9/5/2012
REFERENCED DOCUMENTS
Referenced Documents
Document No.	Rev.	Document Name	Date
Job No. 7296/08	2	Site-Based Management Plan –Noosa North Shore Eco-Tourism Portal, prepared Cardno Pty Ltd	05.06.2006
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Nature and Extent of Approved Development
The applicant is advised that this development approval comprises:
Reconfiguring a Lot for a Boundary Realignment (2 into 2 Lots)
ENGINEERING
Plan of Survey
2.	In conjunction with the lodgement of the Plan of Survey for Council endorsement, all legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
GENERAL
Aboriginal Cultural Heritage Act 2003
3.	There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights

Department of Transport & Main Roads PO Box 1600 Sunshine Plaza Postal Shop MAROOCHYDORE  QLD  4558	Department of Environment & Heritage Protection GPO Box 2454 BRISBANE  QLD  4001

DECISION NOTICE HISTORY
Original Decision Notice – 9 November 2012
Change to an Existing Approval – REC12/0066.01 -15 January 2015, with an extension to the relevant period to 19 November 2018
Decision Notice – Other Change – REC12/0066.02 -  7 November 2018 - with an extension to the relevant period to 19 November 2020.
Decision Notice – Other Change – REC12/0066.03 -  1 June 2021 - with an extension to the relevant period 19 May 2023.

	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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ee) NOOSA COUNCIL