Council archive · source document
Approved Decision Notice - MCU24 0094 [As Published] · MCU24/0094
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU24/0094:
Your Reference: 0627
14 April 2025
33 Ross Street Holdings P/L
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 April 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0094
Street address: 33 Ross Cres Sunshine Beach Qld 4567
Real property description: Lot 6 RP 216711
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling House.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
[OCR of page images]
v6 NOOSA
@®& Council
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU24/0094:
Your Reference: 0627
14 April 2025
33 Ross Street Holdings P/L
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
| refer to your application and advise that on 8 April 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0094
Street address: 33 Ross Cres Sunshine Beach Qld 4567
Real property description: | Lot 6 RP 216711
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
e Development Permit for a Material Change of Use - Dwelling House.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Document Set ID: 23687199 Page 1 of 13
Version: 2, Version Date: 14/04/2025
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Page 2
Currency Period
2. This development approval lapses if the use has not happened by 8 April 2031, 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 tables below. 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
200.00 C General arrangement - Lower ground floor plan 17.06.2024
prepared by Shaun Lockyer Architects
200.01 C General arrangement – Upper ground floor plan 17.06.2024
prepared by Shaun Lockyer Architects
200.02 C General arrangement – First Floor plan prepared 17.06.2024
by Shaun Lockyer Architects
210.00 C General arrangement – Roof plan prepared by 17.06.2024
Shaun Lockyer Architects
300.03 B Building elevations – West elevation prepared by 17.06.2024
Shaun Lockyer Architects
400.00 C Building Sections – Section a prepared by Shaun 17.06.2024
Lockyer Architects
400.01 C Building Sections – Section b prepared by Shaun 17.06.2024
Lockyer Architects
400.02 C Building Sections – Section c prepared by Shaun 17.06.2024
Lockyer Architects
400.03 C Building Sections – Section d prepared by Shaun 17.06.2024
Lockyer Architects
400.04 C Building Sections – Section e prepared by Shaun 17.06.2024
Lockyer Architects
400.05 C Building Sections – Section f prepared by Shaun 17.06.2024
Lockyer Architects
Page 2 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
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Currency Period
2. | This development approval lapses if the use has not happened by 8 April 2031, 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 tables below. 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.
200.00 Cc
200.01 Cc
200.02 Cc
210.00 Cc
300.03 B
400.00 Cc
400.01 Cc
400.02 Cc
400.03 Cc
400.04 Cc
400.05 Cc
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
Plan/Document Name
General arrangement - Lower ground floor plan
prepared by Shaun Lockyer Architects
General arrangement — Upper ground floor plan
prepared by Shaun Lockyer Architects
General arrangement — First Floor plan prepared
by Shaun Lockyer Architects
General arrangement — Roof plan prepared by
Shaun Lockyer Architects
Building elevations — West elevation prepared by
Shaun Lockyer Architects
Building Sections — Section a prepared by Shaun
Lockyer Architects
Building Sections — Section b prepared by Shaun
Lockyer Architects
Building Sections — Section c prepared by Shaun
Lockyer Architects
Building Sections — Section d prepared by Shaun
Lockyer Architects
Building Sections — Section e prepared by Shaun
Lockyer Architects
Building Sections — Section f prepared by Shaun
Lockyer Architects
Date
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
17.06.2024
Page 2 of 13
Page 3
The following plans require amendment.
Plan No. Re Plan/Document Name Date
v.
300.00 B Building elevation - Northern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
300.01 B Building elevations – Eastern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
300.02 B Building elevations – Southern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
Page 3 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
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The following plans require amendment.
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
PlanNo. Re _ Plan/Document Name Date
v.
300.00 B Building elevation - Northern elevation prepared by Shaun | 17.06.2
Lockyer Architects 024
ht |
bo |
Noosa Council notation:
Area of elevation that requires | | |
amendment. | | |
| i
300.01 B Building elevations — Eastern elevation prepared by Shaun | 17.06.2
Lockyer Architects 024
? ee ° a. ? 4200 ? ai
| | | |
| | | |
i) aT] '
re 1 | | le
al - = | i : a ’ f
SHES fea
Je = fl
'
oo \- i 4 mal
| | | |
1 ' ' '
| | | |
Noosa Council notation: | |
Area of elevation that requires i j
amendment. | |
I I
| | | |
300.02 B Building elevations — Southern elevation prepared by Shaun | 17.06.2
Lockyer Architects 024
Page 3 of 13
Page 4
Amendm The elevations shall be amended (where annotated on the plans) to reduce
ents the visual presentation of off form concrete and increase the area of the
elevations which include colours and hues of the surrounding natural
landscape.
Note: AO5 of the Coastal protection and scenic amenity overlay code
provide further reference.
The following is a useful guide for ensuring that buildings blend with the natural surrounds.
External building materials that are lightweight and comprise predominantly timber or board,
stainless steel, glass, and corrugated iron will generally be more in keeping with the
beach/riverside character than concrete rendered block.
Use external colours and roof finishes which are non-reflective and which do not cause glare.
Shades that match the colours and tones of surrounding vegetation will ensure the buildings
are less visually prominent from the beach or the water.
Appropriate wall colours will depend on the existing native vegetation and backdrop, but may
include muted earth/environmental tones that blend with the natural environment, such as–
• green;
• olive green;
• blue green;
• grey green;
• green blue;
• indigo;
• brown;
• blue grey; and
• green yellow.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. This approval is for a Dwelling house.
Page 4 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
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Noosa Council notation:
Area of elevation that requires
amendment.
Amendm __ The elevations shall be amended (where annotated on the plans) to reduce
ents the visual presentation of off form concrete and increase the area of the
elevations which include colours and hues of the surrounding natural
landscape.
Note: AO5 of the Coastal protection and scenic amenity overlay code
provide further reference.
The following is a useful guide for ensuring that buildings blend with the natural surrounds.
External building materials that are lightweight and comprise predominantly timber or board,
stainless steel, glass, and corrugated iron will generally be more in keeping with the
beach/riverside character than concrete rendered block.
Use external colours and roof finishes which are non-reflective and which do not cause glare.
Shades that match the colours and tones of surrounding vegetation will ensure the buildings
are less visually prominent from the beach or the water.
Appropriate wall colours will depend on the existing native vegetation and backdrop, but may
include muted earth/environmental tones that blend with the natural environment, such as—
© green;
olive green;
e blue green;
© grey green;
¢ green blue;
e indigo;
e brown;
e blue grey; and
e green yellow.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. — This approval is for a Dwelling house.
Document Set ID: 23687199 Page 4 of 13
Version: 2, Version Date: 14/04/2025
Page 5
Building Height
5. The maximum height of the development must not exceed 8.0 metres above the natural and
finished ground level. Including where excavation is undertaken the exposed portion of the
external façade of the building.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
External Colours & Finishes
7. External colours and finishes must be of muted environmental tones that blend with the
surrounding vegetation and landscape, with broad expanses of a single colour or reflective
surfaces not permitted.
*(Refer to Advisory Note)
8. 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.
9. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
10. Any street fencing or structures must not exceed 2.0 metres in height above ground level.
ENGINEERING
Site Access and Driveways
11. A sealed access driveway must be provided from Ross Crescent to all parking and
manoeuvring areas of the development. The works must be generally in accordance with the
approved plans and undertaken in accordance with an Operational Works approval.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The on-site disposal must be in
accordance with the recommendations of a site specific geotechnical report and endorsed
through a Building Permit.
Easements
13. 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.
14. 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.
15. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
16. All works must be carried out in accordance with a site specific Geotechnical Report prepared
by a qualified person* and endorsed through the building permit.
*(Refer to Advisory Note)
17. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the recommendations contained in
the site specific Geotechnical Report and that the development has a minimum factor of
safety against landslip of 1.5 in the long term.
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Document Set ID: 23687199
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Building Height
5. | The maximum height of the development must not exceed 8.0 metres above the natural and
finished ground level. Including where excavation is undertaken the exposed portion of the
external fagade of the building.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
External Colours & Finishes
7. External colours and finishes must be of muted environmental tones that blend with the
surrounding vegetation and landscape, with broad expanses of a single colour or reflective
surfaces not permitted.
*(Refer to Advisory Note)
8. 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.
9. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
10. Any street fencing or structures must not exceed 2.0 metres in height above ground level.
ENGINEERING
Site Access and Driveways
11. A sealed access driveway must be provided from Ross Crescent to all parking and
manoeuvring areas of the development. The works must be generally in accordance with the
approved plans and undertaken in accordance with an Operational Works approval.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The on-site disposal must be in
accordance with the recommendations of a site specific geotechnical report and endorsed
through a Building Permit.
Easements
13. 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.
14. 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.
15. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
16. All works must be carried out in accordance with a site specific Geotechnical Report prepared
by a qualified person* and endorsed through the building permit.
*(Refer to Advisory Note)
17. Certification must be submitted to Council from a qualified person* which certifies that the
Document Set ID: 23687199
development has been constructed in accordance with the recommendations contained in
the site specific Geotechnical Report and that the development has a minimum factor of
safety against landslip of 1.5 in the long term.
Page 5 of 13
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Page 6
*(Refer to advisory Note)
Earthworks and Retaining Walls
18. All earthworks and associated retaining structures/batters, 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. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
19. 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.
Works within Erosion prone area
20. The building footprint in the Erosion prone area (85 metres as shown in the Moffatt and Nichol
report dated 22 January 2025) is to be supported by a piling system designed by an
appropriately RPEQ qualified and experienced engineer.
21. Contiguous pile walls or piles with a grout curtain are to be located no further east than the
landward extent of the erosion prone area.
22. Within the erosion prone area, piles are to be located outside of the 6.0 metre Council rear
boundary setback and designed as individual piles to allow movement of sediments through
natural processes.
23. The construction of any footings or piling is not to damage any vegetation within the Sunshine
Beach Foreshore Reserve.
LANDSCAPE CONDITIONS
Landscaping Works
24. A minimum of 20% of the site must be retained as soft landscaping.
25. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
26. 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 Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Fauna Management
27. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
28. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Legal disposal of all removed vegetation and debris.
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Document Set ID: 23687199
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*(Refer to advisory Note)
Earthworks and Retaining Walls
18. All earthworks and associated retaining structures/batters, 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. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
19. 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.
Works within Erosion prone area
20. The building footprint in the Erosion prone area (85 metres as shown in the Moffatt and Nichol
report dated 22 January 2025) is to be supported by a piling system designed by an
appropriately RPEQ qualified and experienced engineer.
21. Contiguous pile walls or piles with a grout curtain are to be located no further east than the
landward extent of the erosion prone area.
22. Within the erosion prone area, piles are to be located outside of the 6.0 metre Council rear
boundary setback and designed as individual piles to allow movement of sediments through
natural processes.
23. Theconstruction of any footings or piling is not to damage any vegetation within the Sunshine
Beach Foreshore Reserve.
LANDSCAPE CONDITIONS
Landscaping Works
24. Aminimum of 20% of the site must be retained as soft landscaping.
25. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
26. 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 Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Fauna Management
27. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
28. Removal of existing trees and vegetation must be undertaken by a qualified person* and
Document Set ID: 23687199
must include:
a. Legal disposal of all removed vegetation and debris.
Page 6 of 13
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Page 7
*(Refer to Advisory Note)
Revegetation of the coastal setback
29. Prior to the commencement of use the applicant shall undertake revegetation of the coastal
setback. The revegetation, shall be 5.0 metres in width from the seaward or rear boundary
of the site and shall include a mix of native landscaping such as ground covers, shrubs and
trees to provide adequate landscape buffering to protect the coastal dune system.
Plantings are sourced from the Noosa Plan 2020 - PSP2 Landscaping planning scheme
policy and maintained for the life of the use at the site.
(* Refer to Advisory Note)
30. 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.
Retention of Existing Trees
31. Existing trees in the road reserve must be assessed by a qualified person* and retained and
protected where possible. Where mature trees are to be removed, reasonable grounds must
be given by the qualified person*.
DEMOLITION WORKS
32. 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.
Works
33. 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
34. 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.
35. 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.
36. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work. Health and
Safety
37. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
38. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
39. 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.
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29.
30.
31.
*(Refer to Advisory Note)
Revegetation of the coastal setback
Prior to the commencement of use the applicant shall undertake revegetation of the coastal
setback. The revegetation, shall be 5.0 metres in width from the seaward or rear boundary
of the site and shall include a mix of native landscaping such as ground covers, shrubs and
trees to provide adequate landscape buffering to protect the coastal dune system.
Plantings are sourced from the Noosa Plan 2020 - PSP2 Landscaping planning scheme
policy and maintained for the life of the use at the site.
(* 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.
Retention of Existing Trees
Existing trees in the road reserve must be assessed by a qualified person* and retained and
protected where possible. Where mature trees are to be removed, reasonable grounds must
be given by the qualified person”.
DEMOLITION WORKS
32.
33.
34.
35.
36.
37.
38.
39.
Document Set ID: 23687199
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.
Works
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
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.
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.
Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work. Health and
Safety
All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
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.
Page 7 of 13
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Page 8
40. 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.
General
41. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
42. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
43. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
MNA_205215_33 00 33 ROSS CRESCENT, SUNSHINE BEACH 22 January 2025
Ross Crescent
Coastal Hazard Assessment prepared by
Sunshine Beach
Moffatt and Nichol
24096-001 0 Geotechnical Investigation prepared by 18 June 2024
Tectonic Geotechnical & Environmental
Engineers
S24-043 Stormwater Management Report prepared by 3 July 2024
Westera Partners
S24-043 Letter titled Response to Council’s Request for 4 September 2024
Information prepared by Westera Partners
6. REFERRAL AGENCIES
Not applicable.
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Document Set ID: 23687199
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40.
41.
42.
43.
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.
General
Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
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.
REFERENCE DOCUMENTS
Plan No. Rev. | Plan/Document Name Date
MNA_205215_33 00 33 ROSS CRESCENT, SUNSHINE BEACH 22 January 2025
Ross Crescent
Sunshine Beach
Coastal Hazard Assessment prepared by
Moffatt and Nichol
24096-001 0 Geotechnical Investigation prepared by | 18 June 2024
Tectonic Geotechnical & Environmental
Engineers
$24-043 Stormwater Management Report prepared by | 3 July 2024
Westera Partners
$24-043 Letter titled Response to Council's Request for | 4 September 2024
6.
Information prepared by Westera Partners
REFERRAL AGENCIES
Not applicable.
Document Set ID: 23687199
Page 8 of 13
Version: 2, Version Date: 14/04/2025
Page 9
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
2. 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.
Qualified Person
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
a. has a degree in civil engineering or engineering geology; and
b. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
4. For the purpose of Landscaping, a qualified person is considered to be a person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Resubmission of Amended Plans Required
5. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU24/0094. However, should the plans not be submitted,
the applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
Construction Management Plan
6. Prior to works commencing a Construction Management Plan must be submitted to Council
as part of a Road Reserve Permit. Note any damage to the existing road system as a result
of haulage operations shall be fully repaired at the applicant’s expense
Fires in Urban Areas
7. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Works within Road reserve
8. Any works within the road reserve including vegetation clearing or storage of materials must
be approved through a road reserve permit by Council.
Page 9 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
[OCR of page images]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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. For
further information, please refer to https://www.noosa.qid.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
2. | 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.
Qualified Person
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
a. has a degree in civil engineering or engineering geology; and
b. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
4. For the purpose of Landscaping, a qualified person is considered to be a person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Resubmission of Amended Plans Required
5. | The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Councils Development Assessment
Branch with the Reference No. MCU24/0094. However, should the plans not be submitted,
the applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
Construction Management Plan
6. Prior to works commencing a Construction Management Plan must be submitted to Council
as part of a Road Reserve Permit. Note any damage to the existing road system as a result
of haulage operations shall be fully repaired at the applicant's expense
Fires in Urban Areas
7. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Works within Road reserve
8. Any works within the road reserve including vegetation clearing or storage of materials must
be approved through a road reserve permit by Council.
Document Set ID: 23687199 Page 9 of 13
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Page 10
Equitable Access and Facilities
9. 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
Building and Construction Industry (Portable Long Service Leave) Levy
10. 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.
Co-ordination of Operational Works Assessment
11. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
12. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase of the Operational
Works including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian and vehicle access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
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, 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
ii. dispute resolution procedures
Page 10 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
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Equitable Access and Facilities
9. 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
Cc. the Disability (Access to Premises — Buildings) Standards
Building and Construction Industry (Portable Long Service Leave) Levy
10. 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.
Co-ordination of Operational Works Assessment
11. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
12. Apreliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase of the Operational
Works including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian and vehicle access for the areas affected by the
works during and after daily construction has ceased
iii. | proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
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
Cc. 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, 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
ii. dispute resolution procedures
Document Set ID: 23687199 Page 10 of 13
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Page 11
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
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Private Infrastructure
13. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
Road Reserve Permit
14. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit and any associated building 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]. 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 Operational Works Access – Driveway.
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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.
Page 11 of 13
Document Set ID: 23687199
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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
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Private Infrastructure
13. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
Road Reserve Permit
14. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council's road reserve
for the purpose of acting on this development permit and any associated building 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 Councils Road Reserve Officer at
[email protected]. 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 Operational Works | Access — Driveway.
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
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.
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Page 12
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,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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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,
EG
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
Document Set ID: 23687199 Page 12 of 13
Version: 2, Version Date: 14/04/2025
Page 13
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.
Page 13 of 13
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
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
aLGIP; 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.
Document Set ID: 23687199
Version: 2, Version Date: 14/04/2025
(3)
(4)
(5)
(6)
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.
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.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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)
(2)
(3)
(4)
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.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 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.
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) adeemed 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)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
Page 13 of 13
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