Decision Notice - Approved by Delegation of Authority OPW18 0293

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW18/0293 : JELDER
Your Reference:	16004 132007.12.8, OPW18/0118, REC13/0109.01
27 June 2019
Noosaville Medical & Professional Centre Pty Ltd
C/- Adamson Town Planning Property P/L TTE
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]

Dear Shane,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 26 June 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW18/0293
Street address:	88a Goodchap St Noosaville Qld 4566
Real property description:	Part Lot 3 SP 264909
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Operational Works - Carparking, Stormwater Drainage and Stormwater Treatment Works
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Prior to the issue of Development Permit for Operational Works for this application, the stormwater management design must be amended to demonstrate that the bioretention basin will only receive stormwater flows from catchments the bioretention basin is modelled to treat (i.e. the stormwater catchment of the parking area Sub 2 as detailed on Figure 4 in the Stormwater Management Plan for Lot 4 Good Chap Street Noosaville by Aquaintel Dated 25 June 2017). Catchments that are not modelled to be treated by the bioretention basin (i.e. the stormwater catchment of Telstra Site Sub 1), must be redirected around or under the bioretention basin. This matter has also been raised in Council’s Information Request dated 28 November 2018.
Supporting documentation must include, checklists within the Water by Design Bioretention Technical Design Guidelines, Long Sections of the stormwater drainage system to demonstrate functionality as well as adequate cover must be provided and other information as requested in Council’s Information Request Items 2 and 6 for this OPW application.
Prior to the issue of Development Permit for Operational Works, detailed design plans along with supporting documentation must be provided to demonstrate all aspects of the development, including scour protection shall be contained wholly within the subject allotment. Supporting documentation must include information required by Item 4 of the Information Request for this application.
Prior to the issue of Development Permit for Operational Works for this application, provide information to demonstrate how the proposed works meets the Performance Outcomes of Acid Sulfate Soils Overlay Code of The Noosa Plan in relation to proposed excavation works below 5.0m AHD.  This matter has also been raised in in Item 5 of Council’s Information Request dated 28 November 2018.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
It must be noted that a Preliminary Approval for Operational Works does NOT permit commencement of any works.  Further representation to change the Preliminary Approval to a Development Permit may be made within the appeal period (normally 20 business days unless the appeal period is suspended).  After the appeal period expires, the Preliminary Approval cannot be changed to a Development Permit, and a fresh development application for Operational Works will be required to be made, addressing the requirements of the Preliminary Approval.
A Development Permit for Operational Works has not been issued because essential design details associated with the stormwater drainage works and stormwater treatment works for the development site have not been submitted for Council’s assessment and approval. Council may favourably consider changing the Preliminary Approval to a Development Permit via the Negotiated Decision process, if the applicant provides the satisfactory information to address the conditions of this Preliminary Approval.
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,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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
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