Decision Notice OPW17/0055

Officer:	:Monkeith Kadhum
Direct Telephone:	 07 53296293
Our Reference:	:OPW17/0055
Your Reference:	:16-003302

13 April 2017

Palm Lake Works Pty Ltd
C/- Calibre Consulting (QLD) Pty Ltd
PO Box 10349
BRISBANE  QLD  4000

[email protected]

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 13 April 2017, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW17/0055
Street Address:	19 Trading Post Rd COOROY  QLD  4563
Real Property Description:	Lot 102 SP 287641
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work (Engineering Works: Earthworks, Roadworks, Stormwater Drainage Works)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

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.
Drawing No.	Rev.	Drawing Description	Date
16-003302-4100	A	Drawing Index and Locality Plan – Stage 3, prepared by Calibre Consulting	30/01/2017
16-003302-4101	A	Legend, prepared by Calibre Consulting	30/01/2017
16-003302-4102	A	Notes, prepared by Calibre Consulting	30/01/2017
16-003302-4200	A	Bulk Earthworks Layout Plan, prepared by Calibre Consulting	30/01/2017
16-003302-4201	A	Bulk Earthworks Sections, prepared by Calibre Consulting	30/01/2017
16-003302-4202	A	Retaining Walls Typical Details, prepared by Calibre Consulting	30/01/2017
16-003302-4300	A	Survey Setout Layout Plan, prepared by Calibre Consulting	30/01/2017
16-003302-4301	B	Roadworks and Drainage layout Plan, prepared by Calibre Consulting	14/03/2017
16-003302-SK002	1	Turning Templates Layout Plan, prepared by Calibre Consulting	14/03/2017
16-003302-4302	A	The Promenade Longitudinal Section & Details Sheet 1 of 5, prepared by Calibre Consulting	30/01/2017
16-003302-4303	A	Clearwater Drive Longitudinal Section & Details Sheet 2 of 5, prepared by Calibre Consulting	30/01/2017
16-003302-4304	A	Billabong Prd Longitudinal Section & Details Sheet 3 of 5, prepared by Calibre Consulting	30/01/2017
16-003302-4305	A	Longitudinal Section & Details Sheet 4 of 5, prepared by Calibre Consulting	30/01/2017
16-003302-4306	A	Longitudinal Section & Details Sheet 5 of 5, prepared by Calibre Consulting	30/01/2017
16-003302-4307	A	Carparking Setout Sheet 1 of 1, prepared by Calibre Consulting	30/01/2017
16-003302-3408	A	Carparking Setout Sheet 1 of 1, prepared by Calibre Consulting	30/01/2017
16-003302-4311	B	Stormwater Drainage Longitudinal Sections Sheet 1 of 2,  prepared by Calibre Consulting	14/03/2017
16-003302-4312	A	Stormwater Drainage Longitudinal Sections Sheet 2 of 2,  prepared by Calibre Consulting	30/01/2017
16-003302-4315	A	Stormwater Drainage Structural Details Sheet 1 of 2,  prepared by Calibre Consulting	30/01/2017
16-003302-4316	A	Stormwater Drainage Structural Details Sheet 2 of 2,  prepared by Calibre Consulting	30/01/2017
16-003302-4700	B	Northern Bio-Retention Basin Layout Plan,  prepared by Calibre Consulting	14/03/2017
16-003302-4701	A	Northern Bio-Retention Basin Sections,  prepared by Calibre Consulting	30/01/2017
16-003302-4702	B	Stormwater Quality Notes & Details,  prepared by Calibre Consulting	14/03/2017
16-003302-4800	A	Lamont Rd Roadworks and Drainage Layout Plan,  prepared by Calibre Consulting As Annotated in Red by Council	30/01/2017
16-003302-4801	A	Lamont Rd Longitudinal & Cross Sections,  prepared by Calibre Consulting As Annotated in Red by Council	30/01/2017
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater, Energex) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6291*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Stormwater Sensitive Design;
Erosion and sediment control works;
Other relevant parties.
(* refer to Advisory Notes)
A Construction Management Plan must be submitted to Council prior to the prestart meeting and must specifically address the following:
Traffic Management Plan (TMP) during all aspects of the construct phase particularly for the external roadworks for Lamonts including:
Approval from Department of Transport and Main Roads (TMR) for TMP prior to the prestart meeting particularly for works associated with roadworks in Elm Street road reserve.
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe pedestrian and traffic access across the frontage of the site, particularly to Lamonts Road both during daily construction and after daily construction has ceased.
Any required fencing to the work site during the construction phase of the development.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
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 and services and other relevant issues
Identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Measures to minimise any adverse environmental impacts including dust and noise emissions.
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill 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
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval MCU15/0111 & REC15/0031 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
The works be coordinated with other approved operational works for this site.
External Roadworks
All roadworks and associated drainage works within Elm Street road reserve must be carried out in accordance with approval(s) by TMR.
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above generally in accordance with IPWEA Standard Drawing RS-170.
All street surfacing for roads under Noosa Council jurisdiction must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete, unless other pavement types are approved as feature areas in intersection thresholds, etc.
The installation and/or modification of any traffic signs, street signs, line marking and Raised Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok installation system. All new signage must be Class 1 retroreflective material in accordance with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part 1: Retroreflective sheeting.
Pavement Design and Construction
The pavement design for Lamonts Road shown on the engineering drawings is not approved. To attain approval for the pavement design, the following details must be submitted and certified by an RPEQ with the proposed pavement design:
The design CBR must be based on the four day soaked CBR value for the subgrade material.
The design subgrade CBR must be representative of each homogenous insitu section of finished subgrade. With respect to each section:
For four or less test results, the design CBR must be taken as the least estimated insitu CBR result.
For five or more test results, the design CBR must be taken as the 10th percentile of all estimated insitu CBR results
The samples must be taken generally in the position of the outer wheel path on both sides of the proposed road.  A sketch plan showing the location of all tests must be submitted with the test results for pavement design approval
Where imported material has been (or is proposed to be) used for subgrade replacement, and the depth of the imported material is less than 300mm, the pavement design CBR must be based on the testing results of the insitu material and not the imported material.
At the time of subgrade inspection by Council, the subgrade must exhibit no visible signs of deformation under proof rolling by a fully loaded water truck. The pavement subgrade will not be passed until this requirement has been achieved.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Internal Roadworks
Internal roadworks and parking areas must be constructed generally in accordance with approved plans.
Parking spaces provided on site must comply with the applicable sections of AS2890.1 (2004), AS2890.2 (2002) and AS2890.6 (2009) and be certified by an RPEQ.
Parking areas shall be provided with vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
All required linemarking and traffic management signage must be generally in compliance with Manual of Uniform Traffic Control Devices (MUTCD).
All internal roads, parking areas and pathways must have a slip resistant surface and be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are generally at a maximum grade of:
1 in 6 where in proximity to water bodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Landscaping
Works associated with this approval shall be consistent with and take into consideration Development Permit for Operational Works - Landscaping, File Reference: OPW16/0303.
Stormwater Drainage
Where a stormwater structure, pipeline and/or open drain within the subject site receives stormwater flows from a Council asset or other public property (eg public road),  a stormwater easement must be created over that part of the site to accept the flows into the subject site. The easement must be created at no cost to Council. The dimensions and terms of the easement shall be determined and agreed with Council prior to the endorsement of The Plan of Survey by Council.
Stormwater drainage on the site must be provided generally in accordance with the approved plans and must be certified by the supervising RPEQ.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by increasing flows, blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion & Sediment Control
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material for each stage. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
E&SC measures must be  installed and maintained to ensure any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to minimise the amount of sediment leaving the site in rainfall events that exceed 85%ile 5 day or 46mm.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Approved Stormwater Management Plan
The supervising RPEQ must supervise installation of all water quality treatment devices and provide a letter certifying that installation of all water quality improvement devices were completed in accordance with the Construction and Establishment phase sections of Council endorsed version of the of the of the Stormwater Management Construction & Maintenance Plan prepared for Palm Lakes Resorts Prepared by Calibre Consulting dated February 2017 (Ref # 16-001014-02C).
Prior to commencement of use the supervising RPEQ must provide a letter certifying that the installation of water quality improvement devices was completed in accordance with the Construction and Establishment Phase sections of the Council endorsed version of the of the of the Stormwater Management Construction & Maintenance Plan prepared for Palm Lakes Resorts Prepared by Calibre Consulting dated February 2017 (Ref # 16-001014-02C).
Water Sensitive Design
The active filter media of the bioretention device must be 560m2. Active filter media area is the area of the bioretention basin surface that is not covered by any impermeable structure such as a sediment forebay, riser, etc.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved. The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to the construction holdpoint for the Bioretention device.
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to commencement of use.
Prior to commencement of use, the supervising RPEQ must certify must certify that all hardstand areas of the development drain to stormwater improvement features designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
Bioretention Devices - Landscaping
Landscape plans must include a mixture of at least five of the following species for planting in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Landscape plans for the areas surrounding the bioretention basin filter media footprint must be arranged to minimise shading to the filter media footprint are. Suitable plants include the following:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Banksia robur
Dianella brevipendunculata
Themada triandra
Cymbopogan refractus
Melaleuca thymifolia
Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.
Landscaping to the surface of the bioretention basin filter media area must not commence until 80% of building work within each contributing catchment is complete or after 3 years, whichever occurs first. An uncompleted works bond of 150% of the value of the planting to the surface of the bioretention basin filter media area must be provided to Council prior to the release of the Plan of Survey.
Where required, mulch within the batters of bioretention basins must be installed in a manner that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
The development shall be provided with approved permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution of our waterways by reducing the amount of heavy metals, litter, suspended solids, and nutrients discharged to Six Mile Creek”. The signage must be consistent with the Noosa Design Principles manual.
Damage to Services and Assets
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:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY AND COMMENCEMENT OF USE
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that all works of this permit have been constructed in accordance with the Operational Works permit.
Certification of the completed works must be provided by the supervising engineer, together with certification from the Hydraulic Engineer that states that the completed works conform with all aspects of the flood/drainage modelling for the development.
As Constructed Plans (Council)
Prior to acceptance of civil works to become Council assets “On Maintenance”, the lodgement of satisfactory “As Constructed” records must be submitted to Council. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures
The data must be in accordance with Council’s – Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks, and fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels
The data must be submitted in hardcopy form and digital format (Asset Design and As Constructed (ADAC)) in GDA94 Zone 56 coordinate values. Guidelines on the use of ADAC are available at www.adac.com.au
On Maintenance
Where applicable, all municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
certification that all works have been undertaken and completed in accordance with the requirements of this Permit
as Constructed details in accordance with Council’s Planning Scheme Policy
maintenance and operational manuals for all proprietary or site specific devices
The maintenance periods are as follows:
Civil Works – a minimum of 12 months
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A reinspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements
Submitted certification wrongly states works comply with approval requirements.
5.	REFERRAL AGENCIES

Not Applicable.

6.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
To note that Survey Setout Tables and their contents shown on the approved plans are not part of Council assessment and approval.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6291 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
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.
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 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.

7.	PROPERTY NOTES

The following Property Note will be placed against the affected site in Council’s property record system:
This site is provided with stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site.  These devices are required to be maintained in accordance with the Council Endorsed Version of the Cooroy Retirement Community Stormwater Management Construction and Maintenance Plan Prepared by Calibre Consulting.  Records of maintenance activities undertaken are to be kept and made available to council officers upon request.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

10.	SELF ASSESSABLE CODES

Not Applicable.

11.	SUBMISSIONS

Not Applicable.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

14.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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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