Extension to Currency Period - Refused 152006.1999.2

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	152006.1999.2
Your Reference:	M1775
22 August 2017
JS Hofmann & Mrs KM Hofmann
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558
Dear Sir
Extension to Currency Period
Planning Act 2016
I refer to your request received on 7 July 2017, to extend the currency period for an existing approval. On 17 August 2017 Council decided to refuse your request.
Details of the decision are as follows:
APPLICATION details
Application No:	152006.1999.2
Street address:	191 Hollett Rd Noosaville Qld 4566
Real property description:	Lot 53 SP 163571
Planning Scheme:	The Noosa Plan (3 July 2017)
type of development
Planning & Environment Court on 5 July 2013 issued the following type of approval:
Application No.	Type of Development
152006.1999	A Development Permit Reconfigure a Lot (52 Lots & Park)
In relation to the request to extend the currency period, Council on 17 August 2017 decided to refuse the application. The reasons for refusal are detailed below.
Application No.	Type of Development
152006.1999.2	Extension to Currency Period
reasons for refusal
1.	The approval is not consistent with the South East Queensland Regional Plan as the development would result in the creation of an urban settlement within an area where the intent is to protect the landscape and the capacity for rural production and the development would be prohibited under the Planning Regulations 2017.
2.	The approval is not consistent with the Noosa Plan 2006 as the proposed urban development is not located within an established village and would result in fragmentation of land holdings outside of areas already allocated for such purpose by the Noosa Plan. The development is also partly located within the Riparian Buffer area identified for protection by the Biodiversity Overlay.
3.	The approval is contrary to the South East Queensland Koala Conservation State Planning Regulatory Planning Provisions as the development will result in the removal of non-juvenile koala habitat trees.
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 results in a higher hazard rating. The higher hazard rating may require changes to setback/buffer areas and an amended subdivision layout. An updated bushfire management plan has not been submitted to enable an assessment of the current bushfire hazard.
5.	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.
6.	The community is unlikely to be aware of the proposal given the significant time that has lapsed, the Noosa Plan’s current zoning and no works have commenced on site.
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

Kerri Coyle
Manager – Development Assessment
Enc:	Appeal Rights

	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.
(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.
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.

[word/footer1.xml]
Page 2 of 3

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
										Page 1 of 3

[word/footer3.xml]
Page 3 of 3

[word/header2.xml]
3

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL