Council archive · source document
Negotiated Decision Notice - MCU24 0125, OPW24 158 & RAL24 0021 (As Published) · MCU24/0125
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: MCU24/0125
Your Reference: 0685
5 September 2025
Courtware Australia Pty Ltd
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Jack,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
4 September 2025, Council decided your representations. This negotiated decision notice replaces
the decision notice of 1 April 2025.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0125, OPW24/0158 and RAL24/0021
Street address: 73, 75 & 77 Eumundi Noosa Rd Noosaville Qld 4566,
2c, 2d & 2e Starboard Ave Noosaville Qld 4566,
Real property description: Lot 1, 2, 3, 48, 49 & 50 on SP298783,
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 1 April 2025, decided to issue the following type of approval:
• Preliminary Approval for Material Change of Use – Multiple dwelling (15 Units)
• Preliminary Approval for Operational Works – Roadworks, Drainage Work, Stormwater,
Earthworks and Landscaping
• Preliminary Approval for Reconfiguring a Lot – Community Title Subdivision (1 Lot into 15
Lots)
In relation to representations, Council on 4 September 2025 decided to:
A. Agree to delete Preliminary Approval Conditions 1 (1.1-1.7), 2, 3 (3.1-3.4) and 4 (4.1-4.4).
B. Amend the development description to read as follows:
• Development Permit for Material Change of Use – Multiple dwelling (15 Units)
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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• Development Permit for Operational Works – Roadworks, Drainage Work,
Stormwater, Earthworks and Landscaping
• Development Permit for Reconfiguring a Lot – Community Title Subdivision (1 Lot
into 15 Lots)
C. Include the following additional conditions to the Development Permit for Material Change of
Use 5-63
D. Include the following additional conditions to the Development Permit for Operational Works
1-69
E. Include the following additional conditions to the Development Permit for Reconfiguring a Lot
1-11
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU24/0125)
MULTIPLE DWELLING (15 UNITS) INCLUDING DEMOLITION WORKS
1. Deleted.
2. Deleted.
3. Deleted.
4. Deleted.
When Conditions Must Be Complied With
5. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
6. This development approval lapses if the use has not happened by 4 September 2031, unless
an application to extend the currency period is approved by Council.
Approved Plans
7. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below.
Plan No. Rev. Plan/Document Name Date
202507 DA1.04 E Demolition Plan prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA2.01 E Site Plan prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA2.02 E Pad Levels prepared by Blackwood 1/05/2025
Architecture and Design
Annotated by Council
202507 DA2.03 E Basement prepared by Blackwood 1/05/2025
Architecture and Design
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202507 DA2.04 E Ground Floor prepared by Blackwood 1/05/2025
Architecture and Design
Annotated by Council
202507 DA2.05 E Upper Floor 1 prepared by Blackwood 1/05/2025
Architecture and Design
Annotated by Council
202507 DA2.06 E Upper Floor 2 prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA2.07 E prepared by Blackwood Architecture and 1/05/2025
Design
202507 DA3.01 E North and East Elevations prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA3.02 E South and West Elevations prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA4.01 E Section A and B prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA4.02 E Sections C and D prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA4.03 E Sections E and F prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA4.04 E Section G prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA4.05 E Section H prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.01 E Type 1 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.02 E Type 1 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.04 E Type 1 Elevations prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.05 E Type 1 Elevation and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.06 E Type 2 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.07 E Type 2 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.09 E Type 2 Elevations prepared by Blackwood 1/05/2025
Architecture and Design
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202507 DA6.10 E Type 2 Elevation and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.11 E Type 3 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.12 E Type 3 Plan and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.14 E Type 3 Elevations prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.15 E Type 4 Basement prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.16 E Type 4 Ground prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.17 E Type 4 Upper prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.18 E Type 4 Roof prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.20 E Type 4 Elevations prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.21 E Type 4 Elevations and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.22 E Type 5 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.23 E Type 5 Plan and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.25 E Type 5 Elevations prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.26 E Type 6 Plans prepared by Blackwood 1/05/2025
Architecture and Design
202507 DA6.27 E Type 6 Plans and Section prepared by 1/05/2025
Blackwood Architecture and Design
202507 DA6.29 E Type 6 Elevation prepared by Blackwood 1/05/2025
Architecture and Design
Nature and Extent of Approved Use
8. The approved development consists of Multiple dwelling (15 Units).
Built Form and Development Appearance
9. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
10. All units where adjoining an external residential allotment are to screen and batten air
conditioning units to assist with noise mitigation.
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11. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
12. The development must use muted environmental colour tones that blend with the natural
environment.
13. The approved colour palette of the development is to include an additional deep, stronger
colour tone to highlight individual dwellings and add visual interest to the street and
surrounds.
Building Height
14. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
15. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. The cash bond or trading bank guarantee will be returned on performance of
the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Protection of Privacy
17. To ensure privacy is protected between adjoining properties, the window located on the
upper level northern building face of Units 1, 6 and 12 must either:
a. have a minimum windowsill height or 1.7 metres above floor level;
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
18. To ensure privacy is protected between adjoining properties, the window located on the
upper level southern building face of Units 5, 11 and 15 must either:
a. have a minimum windowsill height or 1.7 metres above floor level;
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
19. The upper level balconies located on the western building face of Units 1 and 5 must include
either balcony planter boxes, balustrading or fixed external screens, positioned in such a way
to obscure direct views into the habitable room windows or private open space areas of the
adjoining property. Any fixed external screen(s) must not extend more than 50% of the length
of the balcony.
20. The upper level balconies located on the eastern building face of Units 6, 7, 8, 9, 10 and 11
must include either balcony planter boxes, balustrading or fixed external screens, positioned
in such a way to obscure direct views into the habitable room windows or private open space
areas of the adjoining property. Any fixed external screen(s) must not extend more than 50%
of the length of the balcony.
Street Identification
21. The street address of the development from Eumundi Noosa Road and Starboard Avene
must be clearly visible and discernible from the primary frontage of the site by the provision
of a street number and, where appropriate, the building name.
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Fencing and Walls
22. The maximum height any fences adjoining a residential use must not exceed 2.0m above
the natural ground level at any point. Unless is required to satisfy the acoustic condition of
this notice and accepted as generally in accordance by Council.
23. Street fencing must be provided generally as shown on the Approved Plans, and not exceed
1.8 metres in height along Eumundi Noosa Road.
24. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
25. A privacy fence must be constructed to the full length of the development’s boundaries.
26. The fence and any associated retaining walls along the boundary adjoining the side
boundaries of the subject land must be constructed to prevent nuisance from car head lights
and be acoustically constructed to limit the transfer of noise. Written certification must be
provided to Council confirming the acoustic treatments have been incorporated prior to the
sealing of the survey plan.
Clothes Drying Areas
27. Each dwelling must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
Community Management Statement
28. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
29. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
Noise
30. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps, Service Room
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
31. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
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Waste Storage
32. The refuse areas must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
33. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened from public
places and neighbouring properties. A bin wash area is required with a cold-water tap, hose
and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to
prevent storm water entry to the sewerage system.
34. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
LANDSCAPING
Landscaping Works
35. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the approved landscape plans
b. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage
36. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
ENGINEERING
External Works
37. Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with the conditions of this approval, be generally
in accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
Rev. B) dated 30 April 2025 and must include in particular:
a. construction of kerb and channelling and underground stormwater drainage to the
development side only;
b. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice; and
c. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
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Site Access and Driveways
38. A sealed access driveway must be provided from Eumundi Noosa Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this approval, be generally in accordance with TOD Consulting’s Roadworks
and Stormwater Layout Plan (24572-C030, Rev. B) dated 30 April 2025 and must include in
particular:
a. a driveway crossover in accordance with RS-051.
Car Parking
39. A minimum of 34 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with the conditions of this approval, be generally in
accordance with TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030,
Rev. B) dated 30 April 2025 and must include in particular:
a. 4 visitor parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
40. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
41. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with the condition of this approval, be generally in accordance with
TOD Consulting’s Roadworks and Stormwater Layout Plan (24572-C030, Rev. B) dated 30
April 2025 and must include in particular:
a. a 2.0 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Eumundi Noosa Road.
Stormwater Drainage
42. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with the conditions of this approval,
be generally in accordance with the Approved Plans and the Queensland Urban Drainage
Manual.
43. Prior to Council attending the prestart meeting, submit and have approved by Council, an
amended revision of Engeny’s Stormwater Management Plan (BBNE00529_0002_0001-
REP-001-2) to include the following amendments:
a. provide clarification on Section 4.1 with respect to the modelling of the proposed
detention tank within the townhouse site and gap flows that do not report to the existing
detention basin.
b. provide clarification and justification on what climate change assumptions have been
adopted in Sections 4.2 and 4.3 and provide an amended non-worsening assessment
based on like-for-like scenarios, with respect to climate change assumptions, based on
the 1% AEP (2100) event.
c. provide justification on how the gap flows in Section 4.3 have been calculated (for the
total 1% AEP flow), if the calculations are based on WBNM modelling or TOD
Consulting’s stormwater calculations, and how the resulting flow reports in Starboard
Avenue during the 1% AEP event.
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Roofwater Capture and Reuse
44. Each dwelling is to be provided with 2kL of roofwater storage for a combined total of 30kL
across the development in accordance with Blackwood’s Ground Floor Plan (DA2.04, Rev.
E) dated 1 May 2025. The roofwater is to be plumbed for reuse for non-potable fixtures such
as:
a. pool top-up;
b. landscape irrigation; and
c. other greywater uses.
Services
45. Underground reticulated electricity and telecommunication services must be provided to
each lot/unit in accordance with the standards and requirements of the relevant service
provider.
46. 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.
47. 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.
Easements
48. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
49. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
50. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
51. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be undertaken in accordance with the conditions
of this approval, be generally in accordance with TOD Consulting’s Earthworks Layout Plan
(24572-C020, Rev. B) dated 30 April 2025 and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
52. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
53. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
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DEMOLITION WORK
Codes of Development
54. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Demolition Works
55. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
56. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
57. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
Water Quality and Drainage
58. Erosion and sediment control is to be undertaken in accordance with the requirements of the
Water Quality and Drainage Code of the Noosa Plan. Measures are to be installed and/or
maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Health and Safety
59. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
60. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
61. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
62. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
Plumbing and Drainage
63. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS (OPW24/0158)
(ROADWORKS, DRAINAGE WORK, STORMWATER, EARTHWORKS AND EARTHWORKS)
Approved Plans
1. 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. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Building Works*.
Plan No. Rev. Plan/Document Name Date
24572-C012 A ROAD ALIGNMENT SETOUT PLAN AND 23 January
TABLES 2025
Prepared by TOD Consulting
24572-C020 B EARTHWORKS LAYOUT PLAN 30 April 2025
Prepared by TOD Consulting
24572-C021 A EARTHWORKS SECTIONS 23 January
2025
Prepared by TOD Consulting
24572-C022 B RETAINING WALL LAYOUT PLAN 30 April 2025
Prepared by TOD Consulting
24572-C023 A RETAINING WALL DETAILS SHEET 1 23 January
2025
Prepared by TOD Consulting
24572-C024 A RETAINING WALL DETAILS SHEET 2 23 January
2025
Prepared by TOD Consulting
24572-C031 B PAVEMENT JOINTING LAYOUT PLAN 30 April 2025
Prepared by TOD Consulting
24572-C032 A PAVEMENT TYPICAL DETAILS 23 January
2025
Prepared by TOD Consulting
24572-C033 B STORMWATER DRAINAGE 30 April 2025
LONGITUDINAL SECTIONS (10% AEP)
Prepared by TOD Consulting
24572-C034 B STORMWATER DRAINAGE 30 April 2025
LONGITUDINAL SECTIONS (1% AEP)
Prepared by TOD Consulting
24572-C035 B STORMWATER DRAINAGE 30 April 2025
CATCHMENT PLAN
Prepared by TOD Consulting
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24572-C040 A ROAD LONGITUDINAL SECTIONS AND 23 January
TYPICAL SECTIONS 2025
Prepared by TOD Consulting
24572-C041 A ROAD CROSS SECTIONS EUMUNDI- 23 January
NOOSA ROAD 2025
Prepared by TOD Consulting
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
24572-C030 B ROADWORKS AND STORMWATER 30 April 2025
LAYOUT PLAN
Prepared by TOD Consulting
24175 OPW-02 C PLANTING PLAN 6 May 2025
Prepared by Element Design
24175 OPW-03 C PLANTING PLAN 6 May 2025
Prepared by Element Design
24175 OPW-04 C PLANTING PLAN 6 May 2025
Prepared by Element Design
24175 OPW-05 C PLANTING PLAN 6 May 2025
Prepared by Element Design
24175 OPW-06 C PLANTING PLAN 6 May 2025
Prepared by Element Design
24175 OPW-07 C PLANTING PLAN 6 May 2025
Prepared by Element Design
Amendments: The above plans must be resubmitted to Council for agreement prior
to a prestart meeting and incorporate the following amendments:
2. Each unit must be provided with a 2,000L roofwater storage tank.
The location of the tanks and associated drainage infrastructure
must be consistent across the Civil, Architectural and
Landscaping plans.
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
02
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
03
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
08
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ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
09
ED 24175 OPW- C Details Plan prepared by Element Design 06/05/25
10
ED 24175 OPW- C Specifications Plan prepared by Element 06/05/25
12 Design
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
04
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
05
Amendments • Landscape treatment along the eastern boundary adjacent
Lot 4 SP298783 and Lot 108 SP106085 is to incorporate the
following species at 1 metre centres to screen the
development from neighbouring properties:
• syzygium austral ‘Straight and narrow’
• Callistemon viminalis ‘Slim’.
• Updated landscape treatment within the 1 m wide retaining
wall garden that runs the length of the site north to south
behind units 12-15 inclusive. The treatment must include
additional tall species at 2.5 metres centres with the following
screening species:
• syzygium austral ‘Straight and narrow’
• syzygium ‘cascade’
• Callistemon viminalis ‘Slim’.
• Banksia integrifolia
• Tristaniopsis ‘Luscious
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
01
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
06
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
07
Amendments • Removal of pavers / steppers leading from each unit to the
footpath within Eumundi Noosa Road Reserve.
• Incorporation of addition tall shrubs within the boundary of
each unit on the western side of any boundary fencing at a
rate of 2 per unit frontage incorporating the following species:
c. Grevillea ‘Moonlight’
d. Grevillea ‘Honey Gem’
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• Incorporation of 6 Banksia integrifolia spread evenly
throughout the road reserve revegetation area. Minimum pot
size to be 45litre.
ED 24175 OPW- C Planting Plan prepared by Element Design 06/05/25
11
Amendments • Update Plant schedule
CURRENCY PERIOD
3. The Currency Period for this development approval lapses if the development has not
substantially started by 6 September 2027, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
4. A site control and/or compliance bond of $20,000 is to be submitted to Council prior to the
pre-start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
5. Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works;
b. be calculated using a schedule of works and relevant bond equation;
c. have approval of the bond calculations and amount from Council prior to lodgement;
d. be lodged with Council and accompanied by the Bond Administration Fee/s; and
e. be requested for release by writing to Council when relevant approval requirements
have been met.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
6. Submit amended plans to Council as described by the conditions of this approval. Plans must
be submitted and approved prior to the pre-start meeting.
7. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
8. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the prestart meeting.
9. A condition report of the drainage system and end-of-line bioretention basin must be
completed for agreement at the prestart meeting. The condition report is to include:
a. a CCTV inspection of the existing stormwater network commencing from the end-of-
line bioretention basin in Ely Street and continuing to the next upstream structure from
“EX4/4” (as identified on the Approved Plans); and
b. a dilapidation report of the existing end-of-line bioretention basin in Ely St.
10. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
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11. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
12. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. civil engineering works;
b. landscape works;
c. erosion and sediment control works; and
d. Arboreal works.
e. Fauna management works.
f. Landscape works.
g. Other relevant parties.
13. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. traffic management during all aspects of the construct phase including:
i. a Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
and
iv. adequate parking arrangements for construction workers;
Note that Construction Vehicle Parking within the Eumundi Noosa Road
Reserve is unlikely to be supported due to traffic safety and damages to
Council and Department of Transport and Main Roads’ property. Any off-
site parking proposal must provide owner’s consent and maintain
adequate traffic and pedestrian safety.
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures; and
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h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense.
14. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
15. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
*(Refer to Advisory Note)
Landscaping
16. Prior to requesting a prestart meeting:
a. Receipt of amended plans approval.
b. Tree protection fencing for vegetation within the road reserve must be installed under
the supervision of the qualified person*.
*(Refer to Advisory Note).
DURING CONSTRUCTION
Engineering
17. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
18. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
19. All works must be constructed and work procedure undertaken in accordance with:
a. the approved plans/documents and conditions detailed in this Decision Notice;
b. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
c. the latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Roadworks (External Roadworks & Road Widening Works)
20. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
21. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
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22. The developer must notify Council’s Traffic Engineer for any works involving the removal or
modification of existing Council-owned traffic signs and/or parking bays prior to such works
commencing.
23. Root barriers are required to be installed behind the back of kerb for all new kerbs within 5m
of a trunk of a tree.
Pavement Design and Construction
24. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
25. Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
26. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
27. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
28. All pathways must be constructed in accordance with the following requirements:
a. all footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
b. provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards.
c. all paths must have a slip resistant surface.
d. expansion and contraction joints must provide a flush finish. Installation of joints by saw
cutting is preferred to ensure a smooth ride for cyclists.
e. the required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
29. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety.
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
Site Access and Driveways
30. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-051.
31. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
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32. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties.
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway
d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path.
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
33. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
34. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
35. Fall protection must be provided to retaining walls that are over 1m high.
36. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
37. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
38. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
39. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
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Erosion and Sediment Control
40. A ‘for construction’ Erosion and Sediment Control Plan (E&SCP) must be provided to
Council’s Delegate at least 2 weeks prior to the on-site pre-start meeting and prior to works
commencing. The E&SCP must:
a. be prepared by a suitably qualified and experienced professional;
b. be updated to reflect the current phase of the works (including clearing, earthworks,
civil construction, services installation and landscaping) and detail the type, location,
sequence and timing of measures and actions to effectively minimise erosion, manage
flows and capture sediment;
c. be consistent with current best practice standards to the extent that the standards are
not inconsistent with the conditions of approval and taking into account all
environmental constraints including erosion hazard, season, climate, soil, and
proximity to waterways;
d. provide sufficient detail regarding the manner in which compliance with all conditions
of this permit relating to E&SC is to be achieved;
e. include details of proposed flocculants and automatic dosing systems for sediment
basins, including jar testing results. Demonstrate the suitability of the proposed
flocculant having regard to the downstream receiving environment and water quality;
and
f. include the results of all soil investigations undertaken for the site and on which the
E&SCP is based.
41. A construction hold point inspection with a Council delegate is required following the removal
of existing ground cover (i.e., grass) and prior to the commencement of the bulk earthworks.
At the time of the inspection, the erosion and sediment controls prescribed by the supervising
RPEQ or CPESC must be installed in accordance with current best practice standards.
Written certification from the supervising RPEQ or CPESC must be provided to Council
certifying that the on-site controls satisfy the conditions of this approval.
42. A logbook of all Erosion & Sediment Control (E&SC) activities must be prepared for the
development and maintained until the completion of the works. The logbook must be made
available to the Council upon request, within five (5) business days of the date of the request.
Each entry into the logbook must document the extent of works, the date the works occurred
and any observations or notes. It is expected that logbook entries may include, but are not
limited to:
a. amendments to the E&SC plan(s);
b. maintenance of any erosion and sediment controls;
c. emptying of detention basins (with Discharge Authority Certificates);
d. inspections by the supervising RPEQ or CPESC; or
e. any breaches of sediment exiting the site.
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43. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within the site, or be likely to be released should
rainfall occur, unless all reasonable and practicable measures are taken to prevent or
minimise the release and concentration of contamination. These measures must be
designed, implemented and maintained in accordance with “Best Practice Erosion and
Sediment Control” published by the International Erosion Control Association (Australasian
Chapter) (IECA, 2008), to the extent that such measures and practices are also consistent
with the following:
a. Minimise erosion:
i. Restrict the extent of clearing to that necessary for access to and safe
construction of the approved works;
ii. Protect vegetation in all other areas of the site;
iii. Minimise the duration of soil exposure by undertaking land clearing and
stabilisation according to the rainfall erosion hazard as specified in IECA (2008)
Tables 4.4.2 and 4.4.7
iv. Prior to either the approval of the plan of survey for the development or
commencement of use, all site surfaces are to be effectively stabilised using
methods that will continue to achieve effective stabilisation in the medium to
long term. For the purpose of this condition, an effectively stabilised surface is
defined as one that does not or is not likely to result in visible evidence of soil
loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to
water contamination.
b. Manage concentrated stormwater flows:
i. Implement drainage and erosion control measures (including contingency
measures), prior to rainfall, which prevent or minimise rill erosion and gully
erosion.
ii. Ensure clean stormwater is diverted/managed around or through the site
without increasing the concentration of total suspended solids or other
contaminants in the flow and without causing erosion (on-site or off-site). If it is
not feasible to divert all areas discharging clean stormwater around or through
the site, the clean stormwater runoff is managed in the same manner as
contaminated stormwater runoff and ensures that sediment basins are sized to
accommodate the additional volume of runoff.
iii. Prior to each rainfall event ensure concentrated stormwater flow paths are
provided with capacity in accordance with IECA (2008) Table 4.3.1 and do not
cause water contamination, rill or gully erosion, sedimentation or damage to
structures or property.
c. Minimise sediment released from the site:
i. All site sub-catchments greater than 2,500m2 in area, are to be provided with
sediment controls which are designed, implemented and maintained to a
standard which would achieve at least 80% of the average annual runoff volume
of the contributing catchment treated (i.e. 80% hydrological effectiveness) to
50mg/L Total Suspended Solids (TSS) or less, and pH in the range 6.5–8.5.
Where this is proposed to be achieved through the use of sediment basins, the
following applies:
A. each basin is sized and operated in accordance with either a Type-A or
Type-B sediment basin as documented in IECA (2008) Appendix B (June
2018) unless otherwise justified, based on the contributing catchment area
including undisturbed catchments which cannot be diverted;
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B. each Type-A or Type-B sediment basin is to be provided with an automated
system of flocculant dosing and a suitable supply of flocculant/coagulant,
with the type of flocculant/coagulant determined based on Chemical
Coagulants and Flocculants Fact Sheet (IECA, 2018);
C. markers are provided within each basin indicating the maximum sediment
storage level and any additional water storage capacity for water reuse;
D. during discharge from the primary outlet system, the concentration of total
suspended solids (TSS) discharged does not exceed 50mg/L and that pH
is within the range of 6.5-8.54. These discharge standards apply equally to
any intentional release of any water captured or stored within the site;
E. The hydraulic structures such as inlets, outlets, spillways must be
structurally sound for the design events as specified in IECA (2008); and
F. The sediment basin is to be constructed and operational before any
disturbance occurs in the catchment upslope of the basin. Accumulated
sediment from basins and other controls is to be removed and disposed of
appropriately without causing water contamination.
ii. For site sub-catchments less than 2,500m2 in area and where it is not feasible
to divert runoff from these small disturbed areas of the site to a sediment basin,
compensatory erosion and sediment controls are implemented prior to rainfall
to ensure that erosion of those of areas is minimised and Type 2 or Type 3
sediment controls are provided in accordance with IECA (2008).
iii. Controls are to be installed to minimise the tracking of dirt from the site onto
roadways. Any dirt on roadways caused by vehicles leaving the site is to be
removed without causing water contamination, prior to rainfall and at least at
the end of each work day.
d. Manage works within waterways:
i. Waterways, including perennial and permanent waterways, are not to be
altered, nor riparian (including rehabilitated) vegetation disturbed without prior
written approval of the relevant administering authority.
ii. Work within waterways is to be:-
A. only undertaken during the lower rainfall months;
B. promptly rehabilitated conforming to the natural channel form, substrates
and riparian vegetation as far as possible; and
C. undertaken in accordance with Best Practice Erosion and Sediment
Control, Appendix I – Instream works, Sections 14 and 16, (International
Erosion Control Association, 2008).
iii. Temporary vehicular crossings of waterways are to be designed and
constructed to convey flows for the 63%AEP and remain stable for all rainfall
events up to the 10% AEP event of critical duration.
iv. ESCs are not to be constructed within the riparian buffer zone, unless it is not
feasible to site them elsewhere, and then only within cleared areas.
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Damage to Services and Assets
44. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
LANDSCAPING
General
45. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
46. All works must be constructed, and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. The relevant conditions of the higher order Material Change of Use approval viz
MCU24/0125 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Retention of Existing Trees and Vegetation
47. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
48. A qualified person * must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
b. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
c. Supervise and undertake necessary tree protection for all trees affected by the
development on neighbouring Lots. This includes tree identified in the approved
arborist report as outside project scope within the neighbouring properties east of the
development site. Where trees within neighbouring properties are found to be unsafe
due to works relating to this development approval, the developer is solely responsible
for the removal and replacement of these trees.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees on neighbouring properties affected by the
development within striking distance of the development works and site and carry out
hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity
trees.
*(Refer to Advisory Note)
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Fauna Management
49. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations.
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
g. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
50. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Stump grinding to below finished surface level.
b. Rectification to the finished surface levels and materials.
c. No damage to other vegetation for retention.
d. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Landscaping Works
51. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
52. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
53. Landscape works must:
a. Ensure amenity or sales signage and ancillary infrastructure (pavers or steppers) are
not installed within the road reserve.
b. Ensure permanent irrigation is not installed within the road reserve.
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled. *(Refer
to Advisory Notes)
54. Public amenity trees* must:
a. Meet AS 2302 – Tree Stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
*(Refer to Advisory Note)
55. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
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FOLLOWING CONSTRUCTION
Bonds
56. Bonds must:
a. Meet the requirements of the relevant Council Planning Scheme Policy for performance
and uncompleted works.
b. Be calculated using a schedule of works and relevant bond equation.
c. Include GST.
d. Have approval of the bond calculations and amount from Council, prior to lodgement.
e. Be lodged with Council and accompanied by the Bond Administration Fee/s.
f. Be requested for release by writing to Council, when relevant approval requirements
have been met.
57. Performance Bonds must be lodged for:
a. Streetscape Landscape.
On Maintenance
58. Maintenance periods* must be:
a. 12 months for Streetscape Landscape.
*(Refer to Advisory Note)
59. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds.
b. Landscaping certification.
c. Tree certification in accordance with AS 2302 – Tree Stock for landscape use
60. On Maintenance management includes:
a. Establishing and maintaining the works in accordance with the intent and requirements
of all approvals.
b. To aesthetically compliment the surrounding local area.
c. Rectification of works failing ‘on ground’ to a solution that still meets approval intents.
d. Regular mowing, weeding and fertilising of grass areas.
e. Mulching, fertilising and aeration of garden areas.
f. Cleaning of all external surfaces including prompt removal of graffiti.
g. Replacement of dead or poorly performing plants.
h. Repair and replacements of damaged landscape infrastructure (furniture and fixtures).
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Off Maintenance
61. Prior to requesting an Off Maintenance inspection the following must be provided:
a. Written request of bond release.
62. Off Maintenance Inspection must be requested:
a. By contacting Council. *
b. Only after lodgement of a completed Landscape Checklist and all other required
certification and documentation.
c. Only after all works are confirmed in good order including:
i. Remulching, fertilising and aeration of garden areas.
ii. Replacement of plant material.
iii. Removal of plant material impeding regulation sightlines.
*(Refer to Advisory Note)
PRIOR TO THE COUNCIL SIGNING THE PLAN OF SURVEY
Certification
63. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
64. A condition report of the drainage system and end-of-line bioretention basin must be
completed for agreement prior to the acceptance of “On Maintenance”. The condition report
is to include:
a. a CCTV inspection of the existing stormwater network commencing from the end-of-
line bioretention basin in Ely Street and continuing to “FI2/4” (as identified on the
Approved Plans); and
b. a dilapidation report of the existing end-of-line bioretention basin in Ely St.
As Constructed Plans and ADAC XML Files (Council)
65. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
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d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards”, and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
66. All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
Maintenance’, the supervising RPEQ must submit to Council:
a. certification that all works have been undertaken and completed in accordance with the
requirements of this Permit.
b. as Constructed details in accordance with Council’s Planning Scheme Policy.
c. maintenance and operational manuals for all proprietary or site specific devices.
Off Maintenance
67. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection.
68. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements.
b. submitted certification falsely states works comply with approval requirements.
69. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
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RECONFIGURING A LOT (RAL24/0021)
(1 LOT INTO 15 LOTS)
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to the lodgement of a Plan Seal application.
Currency Period
2. 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 4 September 2029
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table/s below.
Plan No. Rev. Plan/Document Name Date
DA1.05 E Lot Plan prepared by Blackwood 1/05/2025
Architecture & Design
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement.
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement.
c. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot.
d. all retaining walls and structures are fully contained within the lot they retain unless
otherwise required by condition.
e. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties.
f. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
Water & Sewer Connections
6. An underground connection to reticulated water and sewerage must be provided to each
Multiple Dwelling in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to each Multiple Dwelling.
Services
7. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
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8. 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.
9. Certification must be submitted to Council from all relevant service providers (Energex, NBN)
which certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Community Management Statement
10. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
11. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH 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 Unit to discuss any obligations under the ACH Act.
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Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
5. The assessment of this development was based on a proposal having a plot ratio of 0.5:1,
as depicted on the Approved Plans and conditioned.
6. Should the outstanding matters raised in this approval be addressed to Council’s satisfaction,
Council may change the approval to a Development Permit through the Negotiated Decision
Notice process.
Submission of Amended Plans Required (as required by MCU23/0094 & RAL23/0014)
7. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments as per the Material Change of Use and Reconfiguring a Lot Development.
Please address the amended plan/s to Council’s Development Assessment Branch.
The revised plans are to be provided to Council for review and approval prior to the
issue of Building Approval.
Sustainability
8. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
9. Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
10. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
11. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
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Qualified Person
12. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and assessment and either:
iii. International Society of Arboriculture (ISA) certification; or
iv. A Diploma of Arboriculture.
d. Undertaking Fauna site works and calculating compensatory habitat is considered to
be a Fauna Spotter Catcher with current certification under the Queensland Parks and
Wildlife Service.
e. Assessing and certifying soil quality is considered to be an Agronomist or
Horticulturalist with three years current experience in soil testing.
Landscape Works
13. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
14. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
Road Reserve Permit
15. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
16. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
Building and Construction Industry (Portable Long Service Leave) Levy
17. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
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Resubmission of Amended Documents Required
18. The conditions of this Decision Notice require resubmission of the referenced Stormwater
Management Plan to Council with amendments. Please address the amended document to
Council’s Development Assessment Branch with the Reference No. MCU24/0125.
Road Reserve Permit
19. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Sealing
20. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
21. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
General Advisory Notes
22. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-051.
23. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
24. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
25. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
26. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
27. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
28. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
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Environmental Advisory Notes
29. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
30. Council recommends the installation of an on-site weather monitoring station to record the
volume of rainfall during inclement weather events. Council may request access to the rainfall
data following inclement weather events that lead to the release of sediment laden water
from the development site.
31. Council recommends the principal contractor prepares a logbook (physical or electronic) for
all watering activities for the purposes of dust control. Council may request access to the
logbook during dry and windy periods that results in sediment (dust) exiting the development
site.
32. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
33. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
34. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently and is not likely to result in visible
evidence of sedimentation or erosion or lead to water contamination.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building works.
11. SUBMISSIONS
Not applicable.
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12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Matt Pinese
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice - 1 April 2025.
• Negotiated Decision Notice – 4 September 2025, with an amendment to Development descriptions of MCU24/0125,
OPW24/0158 & RAL24/0021, add additional conditions 5 – 63 of MCU24/0125, 1 – 69 of OPW24/0158 and 1 – 11 of
RAL24/0021 and delete conditions 1 – 4 of MCU24/0125.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 24095782
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