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Approved Decision Notice - MCU24 0094 [As Published] · MCU24/0094

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                                                             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


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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
Full text of the other 12 pages

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




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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




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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.




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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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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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*(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.

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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.

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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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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.

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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.




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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.

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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




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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

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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 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.




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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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               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

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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.




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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.

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(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

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