Minor Change Existing Approval MCU19 0024.01

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	MCU19/0024.01 & OPW19/0049.01
Your Reference:	n/a
1 April 2022
PA Blonk & JC Blonk &
Body Corp - Watersedge on Weyba CMS 54380
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY  QLD  4563
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 16 February 2022, requesting a minor change to an existing development approval. Council on 30 March 2022, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0024.01 & OPW19/0049.01
Street address:	Watersedge On Weyba 1/239 Weyba Rd Noosaville
Real property description:	Lot 1 SP 300169
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 20 June 2019
Development Permit for Material Change of Use of Premises – Multiple Housing – Type 2 Duplex
Development Permit for Operational Works – Drainage, Stormwater, Carparking & Access
In relation to the request to make a minor change to the existing approval, Council on 30 March 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 2
currency period of approval
The currency period for this development approval for Material Change of Use and Operational Works is 6 years starting the day that this development approval takes effect.

assessment manager conditions
Material Change of Use
PLANNING
When Conditions must be Complied With
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.
Approved Plans
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.
Plan No.	Rev.	Plan/Document Name	Date
02	9	Site Plan, drawn by Aaron Waters As annotated by Council	13/05/2019
03	9	Ground Floor Plan, drawn by Aaron Waters	13/05/2019
04	9	First Floor Plan, drawn by Aaron Waters	13/05/2019
05	9	Elevations, drawn by Aaron Waters As annotated by Council	13/05/2019
06	9	Elevations, drawn by Aaron Waters	13/05/2019
07	9	Sections, drawn by Aaron Waters	13/05/2019
P01	9	Street View Perspective, drawn by Aaron Waters	13/05/2019
P02	9	Rear View Perspective, drawn by Aaron Waters	13/05/2019
SK100	N/A	Ground Floor – Pergola - prepared by Peter Hull Architect	20.09.2021
SK101	N/A	Pergola Plan – Pergola - prepared by Peter Hull Architect	14.09.2021
SK200	N/A	Section – Pergola - prepared by Peter Hull Architect	14.09.2021
SK201	N/A	Section – Pergola - prepared by Peter Hull Architect	14.09.2021
SK104	N/A	Landscape Plan – Pergola  prepared by Peter Hull Architect	4.03.2022
Plot Ratio
Buildings and other roofed structures (excluding gatehouse) must not exceed a plot ratio of 0.45:1. Amended plans demonstrating compliance must be submitted to Council prior to the pre-start meeting.
Landscaping Setback
The development must provide a minimum 2 metre wide soft landscaping strip along the site’s front boundary to the reasonable satisfaction of Council. Amended plans demonstrating compliance with this condition must be submitted to Council prior to the pre-start meeting.
Materials and Finishes
The development must comprise of a variation of external materials and finishes.
The external masonry walls to the southeast elevation must be substituted with lightweight materials in parts to break up the appearance of building bulk. Amended plans demonstrating compliance with this condition must be submitted to Council prior to the pre-start meeting.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level. Except for the upper extent of the skillion roof forms which must not exceed 8.2 metres above the finished ground level and the natural ground level.
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
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
To ensure privacy doors, windows or glazing that have the potential to overlook the private spaces of neighbouring properties must include 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.

Community Management Statement
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Street Identification
The street address of the development 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site 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 the development site.
External Works
The frontages of the subject site must be upgraded in accordance with the Operational Works conditions included in this Decision Notice.  The works must include in particular:
Upgrading and replacing sections of the existing pathway to achieve a width of 2.0m for the full length of the frontage of the site and be extended as may be necessary to achieve smooth connection and acceptable transition with the adjoining pathways.
Removal of any redundant access driveway (including kerb layback) and damaged kerb line, 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.
Condition 21a is imposed pursuant to s128 of the Planning Act 2016 being trunk infrastructure.
Site Access and Driveways
Sealed access driveways must be provided generally in accordance with the approved plans and in accordance with the Operational Works conditions of this permit. The works must include in particular crossover in compliance with IPWEAQ standard drawings SEQ R-49 and SEQ R-050 and ensuring compliant grades across the width of the new 2.0m wide pathway.
Car Parking
Car parking spaces must be provided on the site in accordance with the approved plans.  The works must include in particular:
Sufficient turning area within the site to permit a vehicle to reverse from the garaging and exit the site in a forward gear in a total of 2 movements.
Crossfalls, gradients and dimensions in accordance with Australian Standard AS2890:1 Parking Facilities.
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.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge generally in accordance with approved plan.  The works must comply with the Operational Works conditions of this permit and include in particular:
Collection and discharge of stormwater to the road kerb & channel and/or into an existing stormwater structure/pit.
Provision of approved kerb adapters for all new kerb outlet.
The use of gravity stormwater drainage.
The proposed development must not adversely impact on the existing drainage conditions on other properties by diverting runoffs or increased stormwater ponding. Where necessary stormwater pipeline/s must be provided on the development site to alleviate any potential of increased ponding on other properties.
Electricity and Telecommunication Services
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.
Earthworks and Retaining Walls
All earthworks and associated batters/retaining walls must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.  All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments and be certified by the supervising RPEQ.
Easements
Where applicable, easement must be created over all stormwater pipelines on the site that convey stormwater flows from adjacent properties.
ENVIRONMENTAL HEALTH
Waste Storage
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.
Operational Works
(Driveway, Parking, Stormwater, External Frontage Works and Landscaping)
SITE SPECIFIC CONDITIONS
Any works on an adjoining property must only be undertaken with an explicit written permission from the landowners for the works be carried out on their site and a copy of permission is provided to Council prior to the works be undertaken.
Any services (including domestic stormwater connection into kerb line) 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 in writing. Where trenching is proposed across an existing concrete pathway, a whole section of the pathway (from join to join) must be replaced.
APPROVED PLANS
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.
Plan No.	Rev.	Plan/Document Name	Date
C-11-266974-2C	C	Stormwater Management Plan, prepared by Civil & Structural Engineering Design Services	09/05/2019
C-11-266974-4B	B	Detail on Vehicular Crossing, prepared by Civil & Structural Engineering Design Services	06/05/2019
LP01	B	Landscape Plan, drawn by Exhibit Green Landscape Architects As annotated by Council	16/05/2019
Prior to Commencement of Works
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 6245*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works.
Erosion and sediment control works.
Landscaping works.
* Refer to Advisory Notes
At least 5 working days prior to any works commencing, written advice must be provided to Council detailing:
The name, contact details and ACN for the supervising Registered Professional Engineer of Queensland (RPEQ) and Principal Contractor.
Proposed dates for commencement and completion of construction.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. A certificates demonstrating currency of a Public Liability Insurance Policy of not less than $20 million covering any risk arising from the proposed work outside of property boundary must be submitted to Council prior to the prestart meeting.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to Council in writing within 5 business days of the change occurring.
Any required performance/security bond must be submitted to Council prior to requesting the prestart meeting.
A condition report including photographs of the frontages of the work site and bordering fences must be completed and submitted to Council prior to the prestart meeting.
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.

A Construction Management Plan must be submitted to Council for approval prior to the prestart meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
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 commencing.
A safe pedestrian and cyclists access, at minimum width of 1.5m, must be maintained across the frontage of the site at all times both during daily construction and after daily construction has ceased.
Fencing to worksite/s during the construction phase of the development.
Providing safe and adequate parking arrangements for all machinery and cars during construction phase without adversely impacting on the traffic flows, traffic safety and the availability of parking spaces in the local streets. Particular attention must be given to prevent any adverse impact on the operation and accessibility of the existing bus stop.
Effective procedures and measures to minimise adverse environmental impact on other properties and roads users including noise and dust emission.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication and contact protocol with the neighboring owners, to advise of construction times, impacts on traffic and services and other relevant issues.
During Construction
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:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety.
Earthworks
Fill imported to the site must only be from a site licensed with The Environmental Protection Agency or from a site for which a Development Permit for Operational Works has been issued approving the export of fill.
Pathway
A public pathway must be constructed along the frontages of the site and in compliance with the following requirements:
To have an alignment that caters for existing features (eg existing street trees, power poles etc).
Must have minimum width of 2.0 metres unless a variable width is necessary and approved by Council to protect existing trees.
Must be extended beyond the frontage of the site to achieve smooth connection and acceptable transition with the adjoining pathways.
Must comply with Standard Drawing SEQ R-065.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
To include any modifications to ensure the footpath finishes flush with all existing surfaces, service covers and the like, so as not to create a pedestrian safety or trip hazards.
Must not cause stormwater ponding on the grassed verge or other properties.
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.
The road verge area must be reinstated to match the new kerb line, pathway and driveways. The 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.
Site Access and Driveways
Driveways must be provided to the site generally in accordance with the approved plans and must comply in particular with the following:
Be generally in compliance with IPWEAQ Standard Drawings SEQ R-049 and SEQ R-050.
To have a maximum width of 4.5 metres within the road verge and 5.5 metres at the kerb line.
To smoothly match the grades and levels of the new concrete footpath without posing trip hazard.
Must have a slip resistant surface.
Must be constructed so as not to concentrate stormwater runoff onto neighbouring properties or cause ponding of water within the road grassed verge.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards. The structural integrity and the ongoing maintenance of the crossover, driveway and parking areas will remain the responsibility of the property owner.
Stormwater Works
Stormwater drainage works for the site must be provided generally in accordance with the approved plans and must comply in particular with following requirements:
The finished surface levels of the site must be graded and shaped to ensure that all surface runoff is directed to the proposed drainage system and the street kerb and channel, and not directed onto any adjoining property.
Must not cause adverse impact on the existing drainage conditions on other properties (eg by diverting additional flows or causing additional stormwater ponding).
Free-of-obstruction overland flow paths be provided within the site in accordance to the recommendations of design/supervising engineer to ensure that no adverse impacts on the existing drainage conditions on other properties due the subject development during major storm events.
Erosion and Sediment Control
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.
Effective erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards and in consultation with supervising engineer.
The applicant must ensure non-essential exposure of soil is prevented by restricting the extent of works and minimising the duration of soil exposure to adverse weather conditions. Exposed areas must be effectively stabilised without delay prior to any predicted rainfall occurring and turfed as soon as practicable.
Prior to the final inspection for operational works, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which 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.
Supervision/Certification
Upon completion of the work a certificate must be issued by an RPEQ or a registered practicing engineer certifying that the works have been constructed in accordance with the Operational Works permit and were undertaken in accordance with the relevant engineering standards and best engineering practices.
All municipal works (eg pathway) must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to the commencement of the use. To achieve ‘On Maintenance’, the supervising RPEQ must submit to council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
As Constructed details in accordance with Council’s Planning Scheme Policy
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgment of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Surveyor in regard to the cadastre and the location, level and type of all services and structures.
The data must be in accordance with Council’s (Noosa Plan) – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and must be submitted in accordance with Council’s current requirements for “As Constructed” data.
Landscaping Works
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)
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.
Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
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.
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Planning Assessment Branch with the Reference No. MCU19/0024.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
Where applicable, the QLeave levy must be paid prior to the commencement of development works on site, QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
General Advisory Notes
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/Registered Engineer.  The RPEQ/Registered Engineer 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.
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.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” 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
Contact Council on 5329 6291 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
A minimum maintenance period of 12 months will apply to all municipal works (eg public concrete pathway) and thereafter until such time as the works are performing in accordance with the approved design unless notifies otherwise.
General Environmental Advisory Note
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.
Qualified Person
Qualified Person, for the purpose of:
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.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Demolition and all building works (Private Certification)
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Nadine Gorton
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice -20 June 2019.
Decision Notice - Minor MCU19/0024.01 & OPW19/0049.01 – 30 March 2022; Amend condition 2

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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ee) NOOSA COUNCIL