Minor Change Existing Approval 51987.2885.3

Officer: 	Nadine Gorton
Direct Telephone: 	07 53296215
Our Reference:	51987.2885.3  : NGORTON
Your Reference:	n/a
31 January 2022
ME Tooth & NR Hodson-Tooth & Body Corporate - The Shores Cts 5607
C/- Brennan Planning P/L
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 17 December 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51987.2885.3
Street address:	The Shores 1/15 Howard St Noosaville Qld 4566  The Shores 15 Howard St NOOSAVILLE  QLD  4566
Real property description:	BUP 9727, Lot 1 BUP 9727  BUP 9727
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on <: <insert date of original approval>
Development Permit for Material Change of Use of Premises / Reconfiguration of a Lot / Operational Works - <select the relevant type of development and insert original development approval for the relevant>
NOTE:	Please ensure that ALL changes are shown in the History Box below (including changes of conditions, deletion of conditions and additional conditions).
In relation to the request to make a minor change to the existing approval, Council on 27 January 2022, decided to approve the requested changes. The changes are detailed below.
Insert the A., B. etc from the Minor Changes report
A.	<.
Copy / Insert the details under the headings from the Original or latest Changes Decision Notice (RELEVANT PERIOD OF APPROVAL (THIS NEEDS TO BE CHANGED TO READ CURRENCY PERIOD OF APPROVAL), ASSESSMENT MANAGER CONDITIONS) ETC. You will need to update details of any of the changes made to this changes e.g additional conditions, deletion of conditions (remember to always keep numbering, so if a condition has been deleted just replace the condition with the word “Deleted”.
currency period of approval
LEAVE FOR OFFICERS TO COMPLETE
The currency period for this development approval is (insert original No of years.) years starting the day that the original development approval (insert original Application No.) took effect.
OR IF THERE IS A CONDITION RELATING TO THE CURRENCY PERIOD THEN USE THE PARAGRAPH BELOW
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
<
(reminder that any conditions that were agreed to be deleted keep the numbering and replace the condition wording with the word “Deleted”. e.g
35.	Deleted.
reasons for approval
<Insert Reasons for Approval>
NOTE: <DELETE - 5. Reasons for Approval if not applicable.>
referral agencies
<
advisory notes
Not applicable.
OR
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
< Insert Advisory Notes
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
<
variation approval details
<
further development permits required
<
submissions
<
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.
YF
Enc:	Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Referral Info - SARA details Insert Autotext SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])
(F3) – otherwise delete
DECISION NOTICE HISTORY
Original Decision Notice - insert date.
Negotiated Decision Notice - insert date, with an amendment to conditions <insert conditions that were changed> and additional conditions <insert additional conditions> or delete conditions <insert conditions deleted>
Decision Notice - Minor (insert changes application No. e.g MCU17/0002.01) - <insert date>, with an amendment to conditions <insert conditions that were changed> and additional conditions <insert additional conditions> or delete conditions <insert conditions deleted>
Decision Notice – Other Change - (insert changes application No. e.g MCU17/0002.01) - <insert date>, with an amendment to conditions <insert conditions that were changed> and additional conditions <insert additional conditions> or delete conditions <insert conditions deleted>
Decision Notice – Extension to Currency Period - (insert changes application No. e.g MCU17/0002.01) - <insert date>, with an amendment to conditions <insert conditions that were changed> and additional conditions <insert additional conditions> or delete conditions <insert conditions deleted>

	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