Minor Change Existing Approval 132007.616.05

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	132007.616.05  : JELDER
Your Reference:	3655
27 November 2018
Tike Property P/L
C/- BA Group
PO Box 3495
CALOUNDRA DC  QLD  4551

[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 May 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132007.616.05
Street address:	8 Attunga Hts Noosa Heads Qld 4567
Real property description:	Lot 23 RP 89506
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
The following type of approval was issued on 11 October 2007.
Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 Duplex
In relation to the request to make a change to the existing approval, Council on 9 May 2011 decided to:
A.	Approve a change to Condition 13 extending the relevant period to 11 October 2013.
In relation to the request to make a change to the existing approval, Council on 19 September 2013 decided to:
A.	Approve a change to Condition 13 extending the relevant period to 11 October 2017.
In relation to the request to make a change to the existing approval, Council on 16 June 2017 decided to:
Change to Condition 13.
Deletion Conditions 35 and 37.
Include additional Condition 59
Add additional Advisory Note 7.
In relation to the request to make a minor change to the existing approval, Council on 15 November 2018, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Amend conditions 1, 3, 8, 27, 28, 34, 39, 41, 43, 44, 45 and 51.
C. 	Delete conditions 4, 6, and 42.
D. 	Include the following additional conditions 60, 61, 62, 63 and 64.
E.	Amend the approved plans/documents to read as ‘Not applicable’ (included in conditions).
F. 	Delete advisory note 3.
G. 	Include additional advisory notes 8, 9, 10, 11 and 12.
currency period of approval
The currency period for this development approval is stated in Condition 13 of the Assessment Manager Conditions.
assessment manager conditions
Land Use
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
D04 of 19	-	Site Plan, drawn by Mercury Design	30.10.2018
D05 of 19	-	External Works Plan, drawn by Mercury Design	30.10.2018
D06 of 19	-	Basement Floor Plan, drawn by Mercury Design	30.10.2018
D07 of 19	-	Ground Floor Plan, drawn by Mercury Design	30.10.2018
D08 of 19	-	First Floor Plan, drawn by Mercury Design	30.10.2018
D09 of 19	-	Roof Plan, drawn by Mercury Design	30.10.2018
D10 of 19	-	Elevations, drawn by Mercury Design	30.10.2018
D11 of 19	-	Elevations, drawn by Mercury Design	30.10.2018
D12 of 19	-	Section, drawn by Mercury Design	30.10.2018
D13 of 19	-	Section, drawn by Mercury Design	30.10.2018
D14 of 19	-	House B Pool Section, drawn by Mercury Design	30.10.2018
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.  In this regard:-
Finished ground level of the landscaped areas within the front setback and along the sides and rear of the carpark level shall be retained or reinstated to the existing natural ground level as indicated by the contours on the site plan.
Where practicable, the heights of any retained structures shall be minimised and the adjacent landscaped areas battered/mounded up.
Native screening vegetation, shall be provided along the side and rear boundaries.  The vegetation shall include understorey plantings and a diverse range of trees ranging from 45 to 75 Litres in size.
Clothes lines, water tanks, bin enclosures and the like shall not to be located where they will significantly reduce the effectiveness of any screening vegetation.
3.5. 	The Callitrus columellaris (2 of) within the front setback area to Attunga Heights shall be retained. The Pandanus tectorius (1 of) is to be relocated to the landscape garden in front of the lift well.
3.6. 	Deleted.
The landscaping plan shall include a minimum of four (4) native species of a minimum size of 100 Litres to replace existing trees to be removed from the site.
The landscaping plan shall detail treatment to planter boxes/court areas indicated on Level 2.  The height of any planter box shall not exceed 1.0 above slab level.
A minimum of 1 x 45litre Banksia integrefolia street tree shall be established on the Attunga Heights frontage within the road reserve.
Any declared species (weeds) shall be removed from the site.  In this regard, there are a number of umbrella trees on the site that are to be removed.
Deleted.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use. The landscape plans are to denote areas of existing vegetation or existing trees proposed or required to be retained.
Deleted.
The building height shall not exceed 8.0metres above natural ground level.
To ensure privacy doors, windows, glazing or balconies that have the potential to overlook the private spaces of neighbouring properties must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for operational works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a material change of use of premises lapses if the use has not happened by 11 October 2021, unless an application to extend the currency is approved by Council.
Building Services
Condition Survey
A condition survey is to be carried out of adjoining buildings, structures and services prior to any demolition works or construction works taking place on site.  If distress already exists, a photographic survey shall be undertaken, the distress measured and a plan to monitor changes to distress shall be implemented.
Demolition
Infrastructure including reticulated water, sewerage, stormwater, and electricity are to be protected from damage and made safe to the standard required by the regulatory authority;
All infrastructure must be disconnected, capped or sealed including:-
electricity meters  removed and electrical wires disconnected; and
telephone lines are disconnected; and
high speed data cables and television provider boxes are disconnected and removed to the standard required by the regulatory authority;
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, must be removed from the building and disposed of in accordance with industry best practice.
Waste generated during construction must be stockpiled in a centralised location and covered as required to prevent material being blown onto adjoining properties including the road reserve or food waste from generating vermin. All site waste must be disposed of to an approved waste disposal facility either directly or via an approved waste receptacle and collection service.  Storage areas are to be located near the temporary access to the site so that access can be gained with out damage to infrastructure.
Any damage to footpaths, street plantings, kerb and channel or roadways at the removal site, the relocation site or between the sites must be repaired or reinstated to at least pre-existing conditions.
Sediment and erosion control measures must be placed on site prior to the works commencing and shall be maintained until all works are complete. The erosion and sediment control measures shall be in accordance with the “Best practice guidelines for control of stormwater on building sites” prepared by Healthy Waterways (copy attached or available at www.healthywaterways.org).
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying out materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
A Waste Management Plan shall be submitted for the demolition to the Environmental Health Section of Noosa Council, prior to the development permit for building works being issued. The Plan shall contain the following information:-
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume (m³)	On-site *specify proposed reuse or onsite recycling methods	Off-site *specify contractor & recycling outlet	*Specify contractor & landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber – please specify				
Plasterboard				
Metals – please specify				
Asbestos				
Other – please specify				
NOTE: Details of site area to be used for onsite separation, treatment and storage (including weather protection) shall be provided on the plan drawings accompanying your application.
Land Development
Vehicle Access
A vehicular access driveway to serve the development shall be constructed from the Attunga Heights frontage of the site with a maximum width of 3.5m. The driveway shall be setback a minimum of 1.5 metres from the centre of the existing sewer manhole located within the Attunga Heights road reserve in the frontage of the subject site.
The driveway shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the site in a forward direction.
Car Parking
27.	Carparking shall be provided within the site generally as shown on plan D17 of 19 dated 7 September 2018 by Mercury Design.
28.	A minimum of 3 covered carpark spaces shall be provided on site.
The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Attunga Heights frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A new 1.5m wide concrete path shall be constructed along the Attunga Heights frontage of the site in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.
All paths, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit. Any damaged, irregular or substandard sections of kerb & channel must be replaced to the reasonable satisfaction of Council.
Roof Water & Stormwater Drainage
Deleted
All stormwater drainage (including roof water overflow from the rainwater storage system) shall be collected and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s kerb & channel street drainage system in Attunga Heights.  Plans of the drainage design shall be prepared by a Registered Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
Deleted
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to the existing sewerage reticulation system and be constructed in accordance with Unitywater’s standards and requirements/approval of the service provider (Unitywater) at no cost to Unitywater.
The existing sewer main that is located in the adjoining property on the southern side of the site and the ‘zone of influence’ (taken as the area within a 45-degree angle measured from the invert of the sewer main to the finished surface level) shall be accurately located and determined by a licensed Surveyor and shown on all plans submitted for Operational Works approval.
To ensure the sewer main is accessible for maintenance purposes and is protected from risk of damage, no structures requiring a building permit (eg. buildings, retaining walls exceeding 1m in height, raised terraces, etc) shall be constructed within this ‘zone of influence’ or within 1.5m of the centreline of the sewer main, whichever is the greater, unless approved otherwise by the service provider (Unitywater).
The site shall be connected to the existing sewerage reticulation system and in accordance with the requirements/approval of the service provider (Unitywater) at no cost to Unitywater.
Deleted.
All water meters must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Unitywater and not behind fences or locked gates. In this regard approval of the water meter configuration and location must be obtained from Unitywater.
For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be served by, otherwise as approved by Unitywater
44.1. A single Body Corporate water meter to measure the total water consumption (including fire hose reels, but excluding fire hydrants and fire sprinkler systems), and
44.2. Individual water meters to each tenement capable of being separately rated, and
44.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Service Easements (Sewer)
Provide easements over sewerage gravity mains located in private land:
in accordance with the South East Queensland Water Supply and Sewerage Design and Construction Code; and
with Unitywater’s most current registered dealing held by the Department of Natural Resources and Mines without alteration or amendment.
Ensure the proposed easement land is cleared of any encroachment.
No building or other structure shall be constructed or encroach over an easement.
Earthworks
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or buildings and/or services and/or lands that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
The excavation of the site and the construction of the proposed works shall not have any adverse affects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard a Registered Professional Engineer Queensland shall supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions (Park)	$1,352
PSP16 – Sewerage Headworks Contributions	$1,234
PSP17 – Water Supply Headworks Contributions	$2,243
PSP20 – Pathway Trunk Network Contributions	$304
TOTAL Contribution Amount =	$ 5,133
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from June 2007 until the date of payment.
All contributions must be paid prior to the change of use happens.
General
For the following classes of work associated with development, a Development Permit for Operational Works must be obtained prior to commencement of works relating to that class of work.  The application may combine any or all of these classes of work:-
Access and/or Carparking.
Stormwater Drainage.
Frontage Works.
Erosion & Sediment Control
Landscaping
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle
Environmental Health
The developer must provide waste storage and disposal facilities, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc) shall comply with the following requirements:
The equipment shall be installed and located in a manner that prevents excessive noise in accordance with Council’s Local Law No. 12 - Control of Nuisances.  Infringement Notices (on-the-spot fines) may apply for offences.
A person must not use equipment on any day if it makes or causes noise to be made –
From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours -
From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
From 7pm to 10pm: More than 3 dB(A) above the background noise level.
Pool pumps must not be audible at an effected premises between 10pm-7am
Attunga Heights must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular the reconstruction of the kerb and channel.

Additional Conditions – (132007.616.07) 15 November 2018

0:45.1 Plot Ratio/Gross Floor Area
The plot ratio and gross floor area of the development must not exceed 0.45:1 and 239.4m2 respectively.

Nature and Extent of Use
The approved duplex development comprises of (2) units with each unit having two (2) bedrooms.
Privacy
62. 	All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
Landscaping
An amended landscaping plan shall be submitted to Council that reflects the amended landscaping dimensions as per the approved external works plan D05 of 19 dated 30 October 2018, prior to the issue of an Operational Works approval.
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
referral agencies
Not Applicable
aPPROVED PLANS/DOCUMENTS
Not applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 Dwelling	Multiple Housing - Type 2 – Duplex	2 x 2 Bedroom Units
Deleted.
Digital detailed designs including drawings, calculations, etc, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.  The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Infrastructure Charges
This This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). The Infrastructure Charges Notice relates to the Transport network (Road and Public Transport components) missing from the current approval and is payable in addition to:

Development Permit Condition 51 for Contributions Towards Council Infrastructure; and
Infrastructure Agreement dated 19 September 2013 attached to the property for Stormwater network contribution.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Performance Bond
Where the works include Council assets (construction of new or modifications to existing) a portion of the performance bond will be retained as a “maintenance bond” as described in Council’s Planning Scheme Policy 5 Engineering Design Standards – Roads, Drainage and Earthworks. Alternatively the developer may submit a separate “maintenance bond” at the completion of the works.
The bond amount will be:
5% of the agreed value of the works or
$1500, whichever is the greater amount
property notes
Not Applicable
variation approval details
Not Applicable
further development permits required
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building works
submissions
Not Applicable
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Billy Glover
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 2007/616 - 11 October 2007.
Decision Notice – Changes to an Existing Approval - 132007.616.02 -9 May 2011 - with an amendment to condition 13
Decision Notice – Changes to an Existing Approval - 132007.616.03 – 9 September 2013 - with an amendment to condition 13
Decision Notice – Changes to an Existing Approval – 132007.616.04 -16 June 2017 - with an amendment to conditions 13, include additional condition 59 and delete conditions 35 & 37
Decision Notice – Minor Change – 132007.616.05 -15 November 2018 - with an amendment to conditions 1, 3, 8, 27, 28, 34, 39, 41, 43, 44 & 45, include additional condition 60, 61 & 62 and delete conditions 4, 6, 42 & 51.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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