Decision Notice - Approved by Delegation of Authority RAL20 0012

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	RAL20/0012
Your Reference:	93/223

23 December 2020
GM Black
C/- Max Watterson & Associates
PO Box 639
COOROY  QLD  4563
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 23 December 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	RAL20/0012
Street address:	Blackdown - 352 Eastern Branch Road, Kin Kin 1/352 Eastern Branch Road, Kin Kin 2/103 Williams Road, Kin Kin
Real property description:	Lot 0, Lot 1 and Lot 2 on GTP105806
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring A Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
93-223AB	1	Plan of Proposed Reconfiguration of Lots 1 & 2 and Common Property on GTP105806, prepared by Max Watterson + Associates	15/10/2020
93-223AE	1	Plan of Core Koala Habitat Area within Proposed Reconfiguration of Lots 1 & 2 and Common Property on GTP105806, prepared by Max Watterson + Associates	15/10/2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 23 December 2024, unless an application to extend the currency period is approved by Council.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the subdivision plan to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Electricity and Telecommunication Services
Electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DILGP via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/  (for assistance, contact DILGP at 5352 9701 or email: [email protected])	Schedule 10, Part 10, Division 3, Subdivision 3 – Development in SE Qld Koala Habitat Area	The agency provided its response on 9 November 2020 (Reference No. 2008-18281 SRA). A copy of the response is attached
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
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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

Tara Norley
Development Planner

Enc:	Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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

[word/footer1.xml]
Page 11 of 12

[word/footer2.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 12

[Attachment: image10.jpeg (image text)]
 

bLJOL}eUS Oz0Z/60/+0 :21e0 H.LNOS :uoiBey BIWENG quewedsq — OWT Aq paredeid (sliojoe.jU09 payeBajap pue sapjoupuey ayy UA

 

 

 

 

 

 

 

 

 

 

 

 

 

             

  

 

            

_ SSION ORIN F BOG WOH PaHUIOD | iSO Ajalos sal| sauepunog asaty Bulje09| Joy Aigisuodsey “sauiepunog eae
Vu Ss L8z8 L 8002 JO UONEDO| ay) UI! JsIsse 0} PaplAosd sue SJUIOg SOUaJAJSy PaAaq ‘a}ON,
dyvl SulHS Neen apes wesel ‘salJepunog je6e| ey Jo uoWejueseiday ayesnooe ue LON ele AOU
KINO ALYINIXONddy ale ueld siuj Uo UaoYs sauepunog Auedoud ay,

Luoisien | pLJZLO/0ZOZ-CI 88eO SVATE _
yuaWUlano5 squawese3
puejsuaend sjequeg puey LJ

N ‘ revo ‘wed (9g eUOZ VOW) WLN ‘uoRoelolg veay BEY
/ 908S0ld19
/ uo Zz pue | ‘9 $307 Ul (ZV - LV SHEd) VW eal Jo uel OO oOo sor patans []
i . wooe ost 00 OS} OOF of 0 Squlog eoualejey penueq Z+
ued ssuodsay Aouaby jeaiuysaL azis leded gy ® oooh! eteos puebe
\ \ 7
vESOGOL
vEI0GOL © VELBBV a wv asc
€€9060L £62887 IL 7
O9S0602 665887 oL 7 ad
vLSO60L 609887 6 7 a
98S060  LT988V 8 ww a
Téso60L — Sz988r Z ew seared
Os9060/ 18/88 9 ww
6E8060L  68688r S Tv
978060  L9688r v Tv
€6Z060L  8€688r € Tv
8220602  7S688r c TW
O€80602 — L66887 T Tv

 
 

wiod

eauy

 

 

umoys jou ele sjaqe| UeyM

guenbes enuluco
pevdo -wnjeq

(9g eu0Z YON) WL :uoqoeolg

S}UIOd soUaIaJay PeALEq

 

908S01d195
0

squlod Sdo ily

     

   

908S0ld1L9
b

 

908S0ldL9D
@

 

 

ogzzozetet
*

ogzzoztet
9

oeHOW,
ez
ogzzozae
¢

EASTERN

pozsoded \

_--z7-—7)_\

        
      

  

 

Los tected
.

  
  

 

\ 9

zogeo1as|

\ ae 4 eS

LX zoseo1ds
“es

 

 

 


[Attachment: image11.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.jpg (image text)]
RA6-N

   

Queensland
Government

Queensland Treasury
SARA reference: 2008-18281 SRA

Council reference: RaL20/0012
Applicant reference: 93/223

9 November 2020

Chief Executive Officer
Noosa Shire Council
PO Box 141

Tewantin Qld 4565
[email protected]

Attention: Tara Norley

Dear Ms Norley

SARA response—352 Eastern Branch Road and 103 Williams
Road, Kin Kin

(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 24 August 2020.

 

 

Response
Outcome: Referral agency response — with conditions.
Date of response: 9 November 2020
Conditions: The conditions in Attachment 1 must be attached to any
development approval.
Advice: Advice to the applicant is in Attachment 2.
Reasons: The reasons for the referral agency response are in Attachment 3.
Development details
Description: Development permit Reconfiguring a lot - boundary realignment
(2 lots and common property into 2 lots and
common property)
SARA role: Referral Agency.
SARA trigger: Koala habitat areas - Schedule 10, Part 10, Division 3, Subdivision 3,

South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore

Page 1 of 7 PO Box 1129, Maroochydore QLD 4558


[Attachment: image4.jpg (image text)]
SARA reference:
Assessment Manager:

Street address:

Real property description:

Applicant name:

Applicant contact details:

Representations

2008-18281 SRA

Table 1 (Planning Regulation 2017) - Development interfering with
koala habitat in koala habitat areas outside koala priority areas

Clearing native vegetation - Schedule 10, Part 3, Division 4, Table 2,
Item 1 (Planning Regulation 2017) - Development application
reconfiguring a lot that is assessable development under Section 21

2008-18281 SRA

Noosa Shire Council

352 Eastern Branch Road and 103 Williams Road, Kin Kin
Lot 1 on GTP105806 and Lot 2 on GTP105806

Geoff Black

C/- Max Waterson & Associates
PO Box 639

Cooroy QLD 4563
[email protected]

 

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Luke Farrelly, Planning Officer, on (07) 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely

 
 

2

Garth Nolan

Manager (Planning)
cc Geoff Black, [email protected]
enc Attachment 1 - Referral agency conditions

Attachment 2 - Advice to the applicant

Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications

State Assessment and Referral Agency

Page 2 of 7


[Attachment: image5.jpg (image text)]
Attachment 1—Referral agency conditions

2008-18281 SRA

 

(Under section 56(1)(b) (i) of the Planning Act 2076 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)

 

No.

 

Conditions

 

Condition timing

 

Reconfiguring a lot

 

Schedule 10, Part 3, Division 4, Table 2, Item 1—Development application reconfiguring a lot that is
assessable development under Section 21 — The chief executive administering the Planning Act 2016
nominates the Director-General of the Department of Natural Resources, Mines and Energy (DNRME)
to be the enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:

 

1.

 

 

The clearing of vegetation under this development approval is limited
to the areas identified as Area A (A1 — A2) as shown on attached
Technical Agency Response Plan TARP 2008-18281 SRA, prepared
by LMO (DNRME), dated 01/09/2020.

 

At all times

 

 

State Assessment and Referral Agency

Page 3 of 7


[Attachment: image6.jpg (image text)]
2008-18281 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1. Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has
its ordinary meaning.

 

 

 

 

State Assessment and Referral Agency Page 4 of 7


[Attachment: image7.jpg (image text)]
2008-18281 SRA

Attachment 3—Reasons for referral agency response

 

(Given under section 56(7) of the Planning Act 2076)

The reasons for the department’s decision are:

The proposal is for boundary realignment (2 lots and common property into 2 lots and common
property).

The application was referred to SARA as the new boundary would result in new exempt clearing of
mapped native vegetation and mapped koala habitat.

SARA assessed the application against State code 25: Development in South East Queensland
koala habitat areas and State code 16: Native Vegetation Clearing.

SARA issued an information request, and in the information response the applicant changed the
location of the proposed boundary to avoid as much as practicable, the mapped koala habitat. This
effectively negated the koala habitat trigger and assessment against state code 25.

The development can otherwise comply with State code 16, subject to the condition in Attachment 1
of this referral agency response, which limits the clearing of vegetation under this development
approval to identified areas.

Material used in the assessment of the application:

The development application material and submitted plans

Planning Act 2016

Planning Regulation 2017

The State Development Assessment Provisions (version [2.6]), as published by SARA
The Development Assessment Rules

SARA DA Mapping system

State Assessment and Referral Agency Page 5 of 7


[Attachment: image8.jpg (image text)]
2008-18281 SRA

Attachment 4—Change representation provisions

 

(page left intentionally blank)

State Assessment and Referral Agency Page 6 of 7


[Attachment: image9.jpg (image text)]
2008-18281 SRA

Attachment 5—Approved plans and specifications

 

(page left intentionally blank)

State Assessment and Referral Agency Page 7 of 7