Refused Decision Notice RAL20 0005 · RAL20/0005

Officer: 	Kerri Coyle
Direct Telephone: 	07 53296245
Our Reference:	RAL20/0005 & MCU20/0028
Your Reference:	18019
13 May 2020
SM Tritton & PJC Loxton
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 13 May 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	RAL20/0005 & MCU20/0028
Street address:	20 Mitti St Noosa Heads Qld 4567
Real property description:	Lot 2 RP 173874
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Development Permit for Material Change of Use (Detached House) & Reconfiguring a Lot – Residential (1 into 2 lots)
reasons for refusal
Refuse the application for the following reasons:
The proposal is not consistent with The Noosa Plan’s Reconfiguring a Lot Code as the proposed lots are not suitable for their intended use as they do not contain house site areas 100% above the 1% AEP flood level with lot 1 subject to significant flooding from an overland drainage path.
The proposed lots are not consistent with The Noosa Plan’s Noosa Heads Locality Code as the proposal will not maintain the safety of people and will not achieve a high level of residential amenity for residents given the overland drainage path that traverses the property.
The proposed development will cause offsite flooding impacts contrary to Overall Specific Outcome O2 of the Detached House Code and Specific Outcomes O19 and O20 of the Reconfiguring a Lot Code.
The proposed reconfiguration will ultimately place more people within an area which has a clear risk of flooding compromising people’s safety.
The proposed lots do not comply with The Noosa Plan’s Reconfiguring a Lot Code and Noosa Heads Locality Code as the lots are located within 50m of Noosa National Park, which is mapped as having very high/high values under the Biodiversity Assessment V4.1. Further the site is part of a wetland complex that is in proximity to a record of endangered (Oxelyan Pygmy Perch) and vulnerable (Honey Blue Eyes) aquatic species whose range may include the development site.
The proposed new dwelling house is fully located within a palustrine wetland and is a groundwater dependent ecosystem and therefore is inconsistent with the overall outcomes sought by the Detached House Code (14.51.2 a) and h) as the land is not suitable for a detached house and the proposal will adversely impact on the site and surrounding area’s environmental values, including environmentally sensitive areas.
The proposed detached dwelling and second lot would increase the potential development footprint and allowable site density, exacerbating known impacts, and resulting in additional impacts on the amenity of the locality contrary to Specific Outcome O26 of the Detached House Code.
The proposal is contrary to the draft Noosa Plan as it proposes to establish a lot and house site within a groundwater dependant ecosystem which is defined as an ecologically important area. Specifically:
The development fails to meet the outcomes of 9.4.8 Water Quality and Drainage Code in that it does not protect ecology and groundwater dependent ecosystems nor maintain fish passage.
The development proposes drainage lines and does not propose to reinstate or revegetate disturbed areas and is therefore inconsistent with specific outcomes in PO5.
The development is not designed to be located, designed, constructed and operated to protect and enhance environmental values and water quality of waterways, wetlands, lakes, ground waters and drainage systems and therefore is inconsistent with outcomes P06, 11, 12 and 13 relating to stormwater quality and protection of receiving waters.
The development proposes new infrastructure excavation and fill in a groundwater discharge zone and is therefore inconsistent with outcomes AO13.1, 13.2.
As such the development fails to meet Overall Outcomes Coastal Communities (7.2.6.2) as it is neither sited nor designed to protect ecologically important areas and retain landscape elements.
Note the following are reasons for adopting this decision:
The Noosa Plan does not support the establishment of a separate allotment within 50m of the National Park;
The proposed lot is flood affected;
The proposed development will cause offsite flooding impacts; and
The proposal does not comply with the outcomes of the Noosa Plan and the draft New Noosa Plan.
referral agencies
Not Applicable

submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(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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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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