Council archive · source document
Minor Change Existing Approval OPW12 0095 03 · OPW12/0095.03
Officer: Mark Lewis
Direct Telephone: 07 53296290
Our Reference: OPW12/0095.03
Your Reference: M1717E
17 July 2024
Noosa Domain Pty Ltd
C/- JFP Urban Consultants Pty Ltd
T1.209 Kon-Tiki Business Centre
Tower 1/55 Plaza Parade
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 16 May 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW12/0095.03
Street address: 35 Walter Hay Dr Noosaville Qld 45663
Real property description: Lot 2 SP 162077
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 23 July 2012
• Development Permit for Operational Works - (Engineering Works - Roadworks, Drainage
Works, Stormwater, Earthworks and Water & Sewerage Infrastructure)
In relation to the request to make a minor change to the existing approval, Council on 11 July 2024,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend Section 5 – Approved Plans.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 11
Document Set ID: 23113824
Version: 2, Version Date: 17/07/2024
[OCR of page images]
v6 NOOSA
@®& Council
Officer: Mark Lewis
Direct Telephone: 07 53296290
Our Reference: OPW12/0095.03
Your Reference: M1717E
17 July 2024
Noosa Domain Pty Ltd
C/- JFP Urban Consultants Pty Ltd
T1.209 Kon-Tiki Business Centre
Tower 1/55 Plaza Parade
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice — Minor Change
Planning Act 2016
| refer to your application received on 16 May 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW12/0095.03
Street address: 35 Walter Hay Dr Noosaville Qld 45663
Real property description: Lot 2 SP 162077
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 23 July 2012
e Development Permit for Operational Works - (Engineering Works - Roadworks, Drainage
Works, Stormwater, Earthworks and Water & Sewerage Infrastructure)
In relation to the request to make a minor change to the existing approval, Council on 11 July 2024,
decided to approve the requested changes. The changes are detailed below.
A. — Approve the change.
B. | Amend Section 5 — Approved Plans.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 23113824
Version: 2, Version Date: 17/07/2024
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4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR OPERATIONAL WORK (ENGINEERING WORKS -
ROADWORKS, DRAINAGE WORKS, STORMWATER, EARTHWORKS AND WATER &
SEWERAGE INFRASTRUCTURE)
Conduct an Engineering Prestart Meeting
1. Prior to any works commencing, a pre-start meeting for engineering works must be
conducted.
(a) No works are to commence on site prior to fencing of the vegetation to be protected.
General
2. Written advice must be provided of the contractor's name and the proposed date of
commencement of construction. An onsite prestart meeting must be organised with
Council’s delegate giving five (5) working days advanced notice prior to the meeting being
conducted (refer to Advisory Notes)
3. All works must be supervised by a Registered Professional Engineer of Queensland
(RPEQ) competent in civil works and must be undertaken by a nominated principal
contractor experienced in the construction of civil works.
4. All necessary State government approvals relating to this development must be obtained
prior to any works commencing on the site
5. Any damage to the external road pavement as a direct consequence of construction
activities associated with this approval shall be remedied by the applicant at the applicant’s
cost. In this regard, the road surface of the street network across the frontage of the site
shall be photographed prior to any works commencing on site and a condition report
submitted and agreed to prior to the pre-start meeting
6. Any damage caused to existing services and assets above or below the ground must be
repaired:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval
7. All works must be constructed and work procedure undertaken in accordance with:
(a) All relevant Department of Main Roads specifications, including the current MUTCD
for works within the existing road reserve
(b) All relevant Sunshine Coast Regional Council Planning Scheme Policies, standard
drawings and guidelines
(c) 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
(d) Provision of the Workplace Health and Safety Act and such other legislation as is
applicable to workplace health and safety
(e) Where applicable, the Queensland Sewerage and Water Supply Act
(f) The list of approved plans/documents, conditions of this Decision Notice and
relevant conditions of the higher order approval viz. 2004/5744 to which this
approval relates
8. All works associated with this approval must be progressed in an expeditious manner to
completion. 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
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4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR OPERATIONAL WORK (ENGINEERING WORKS -
ROADWORKS, DRAINAGE WORKS, STORMWATER, EARTHWORKS AND WATER &
SEWERAGE INFRASTRUCTURE)
Conduct an Engineering Prestart Meeting
1. Prior to any works commencing, a pre-start meeting for engineering works must be
conducted.
(a) No works are to commence on site prior to fencing of the vegetation to be protected.
General
2. Written advice must be provided of the contractor's name and the proposed date of
commencement of construction. An onsite prestart meeting must be organised with
Council's delegate giving five (5) working days advanced notice prior to the meeting being
conducted (refer to Advisory Notes)
3. All works must be supervised by a Registered Professional Engineer of Queensland
(RPEQ) competent in civil works and must be undertaken by a nominated principal
contractor experienced in the construction of civil works.
4. All necessary State government approvals relating to this development must be obtained
prior to any works commencing on the site
5. Any damage to the external road pavement as a direct consequence of construction
activities associated with this approval shall be remedied by the applicant at the applicant’s
cost. In this regard, the road surface of the street network across the frontage of the site
shall be photographed prior to any works commencing on site and a condition report
submitted and agreed to prior to the pre-start meeting
6. Any damage caused to existing services and assets above or below the ground must be
repaired:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval
7. All works must be constructed and work procedure undertaken in accordance with:
(a) All relevant Department of Main Roads specifications, including the current MUTCD
for works within the existing road reserve
(b) All relevant Sunshine Coast Regional Council Planning Scheme Policies, standard
drawings and guidelines
(c) 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
(d) Provision of the Workplace Health and Safety Act and such other legislation as is
applicable to workplace health and safety
(e) Where applicable, the Queensland Sewerage and Water Supply Act
(f) The list of approved plans/documents, conditions of this Decision Notice and
relevant conditions of the higher order approval viz. 2004/5744 to which this
approval relates
8. All works associated with this approval must be progressed in an expeditious manner to
completion. 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
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make the site safe due to inactivity on the development site for extended periods of time.
In this regard, Council considers an extended period of inactivity to be greater than two
weeks (excluding inclement weather)
9. The supervising engineer must ensure that the works have been inspected and confirm
their acceptability at the completion of construction. Where municipal works are involved,
such confirmation must be submitted for the respective hold points prior to any site
inspection by Council officers. NB 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
10. Any construction works to be undertaken in the vicinity of Council's existing municipal
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration to existing infrastructure shall be met by
the developer.
11. Rock scour protection is to be provided at the outlet of all stormwater pipes (including
temporary outlets) and is to comply with the requirements of Appendix A of the publication
“Stormwater Outlets in Parks and Waterways” (Brisbane City Council, 2003)
12. The existing preload fill located opposite the proposed stormwater outlet points shall be
removed such that the outlets are free flowing and no ponding of stormwater occurs. The
extent of fill removed shall be determined onsite in consultation with Council’s Engineering
Officer Construction.
Preparation of a Construction Management Plan
13. The works identified in this Decision Notice must be carried out in accordance with an
approved Construction Management Plan endorsed by Council. The Construction
Management Plan must be submitted to Council for approval at least 10 business days
prior to the prestart meeting. In particular, the Construction Management Plan should
address the following:
(a) The access point for all vehicles associated with the construction of the approved
works,
(b) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(c) maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
(d) works programme identifying key components of the works and their respective
durations
(e) 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
(f) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
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10.
11.
12.
13.
make the site safe due to inactivity on the development site for extended periods of time.
In this regard, Council considers an extended period of inactivity to be greater than two
weeks (excluding inclement weather)
The supervising engineer must ensure that the works have been inspected and confirm
their acceptability at the completion of construction. Where municipal works are involved,
such confirmation must be submitted for the respective hold points prior to any site
inspection by Council officers. NB 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
Any construction works to be undertaken in the vicinity of Council's existing municipal
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration to existing infrastructure shall be met by
the developer.
Rock scour protection is to be provided at the outlet of all stormwater pipes (including
temporary outlets) and is to comply with the requirements of Appendix A of the publication
“Stormwater Outlets in Parks and Waterways” (Brisbane City Council, 2003)
The existing preload fill located opposite the proposed stormwater outlet points shall be
removed such that the outlets are free flowing and no ponding of stormwater occurs. The
extent of fill removed shall be determined onsite in consultation with Council's Engineering
Officer Construction.
Preparation of a Construction Management Plan
The works identified in this Decision Notice must be carried out in accordance with an
approved Construction Management Plan endorsed by Council. The Construction
Management Plan must be submitted to Council for approval at least 10 business days
prior to the prestart meeting. In particular, the Construction Management Plan should
address the following:
(a) The access point for all vehicles associated with the construction of the approved
works,
(b) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(c) maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
(d) works programme identifying key components of the works and their respective
durations
(e) 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
(f) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
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Excavation and Filling
14. All earthworks shall be undertaken in accordance with the provisions of AS 3798
“Guidelines on Earthworks for Commercial and Residential Developments”, 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 the commencement of the use
15. Where the development involves excavation or filling over, or is adjacent to, water supply
or sewerage infrastructure, all access chamber levels must be adjusted to provide a
freeboard of 100 above the finished ground surface level.
HYDRAULICS & WATER QUALITY
Erosion and Sediment Control
16. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
must not be released from the site, or be likely to be released should rainfall occur, unless
all reasonable and practicable measures are taken to prevent or minimise the release and
concentration of contamination. These measures must include as a minimum, but are not
limited to, the following:
(a) Ensure non essential exposure of soil is prevented by: restricting the extent of
clearing to that necessary for access to, and safe construction of, the approved
works; protecting vegetation in all other areas of the site; and by minimising the
duration of soil exposure by:
I. staging the works to minimise the area of soil exposed at any one time;
II. effectively stabilising cleared areas prior to rainfall if works are delayed or
works are not intended to occur immediately. See E&SC Advice Note 1;
III. effectively stabilising areas at finished level without delay; and
IV. effectively stabilising steep areas, such as stockpiles, batters and
embankments, which are not being actively worked and prior to rainfall.
(b) Where it is not feasible to effectively stabilise cleared areas of exposed soil, such
as areas being actively worked, implement a full suite of erosion and sediment
controls to minimise erosion and maximise sediment capture in those areas; and
(c) In areas of exposed soil where it is not feasible to either effectively stabilise the
surface or implement a full suite of erosion and sediment controls, for example in
the areas being actively worked and where the implementation of some erosion and
sediment controls would impede construction activities, ensure contingency
measures are available on site and are implemented, prior to rain, to minimise
erosion and maximise sediment capture.
(d) Effectively stabilise all stockpiles, batters and embankments without delay. Where
it is not feasible to effectively stabilise a stockpile, batter or embankment, such as
areas being actively worked, ensure that sediment controls are installed and surface
stormwater flows are managed such that erosion of stockpiles, batters or
embankments is not caused by concentrated stormwater flows.
(e) For all works or other disturbances undertaken within waterways (including riparian
areas) ensure:
I. prior written approval from the relevant consent authority exists, and
II. Work within waterways must only be: undertaken during dry weather; be
promptly rehabilitated conforming to the natural channel form, substrates and
riparian vegetation as far as possible; and be undertaken in accordance with
Best Practice Erosion and Sediment Control, Appendix I – Instream works,
Sections 14 and 16, International Erosion Control Association (2008)
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Excavation and Filling
14. All earthworks shall be undertaken in accordance with the provisions of AS 3798
“Guidelines on Earthworks for Commercial and Residential Developments”, 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 the commencement of the use
15. Where the development involves excavation or filling over, or is adjacent to, water supply
or sewerage infrastructure, all access chamber levels must be adjusted to provide a
freeboard of 100 above the finished ground surface level.
HYDRAULICS & WATER QUALITY
Erosion and Sediment Control
16. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
must not be released from the site, or be likely to be released should rainfall occur, unless
all reasonable and practicable measures are taken to prevent or minimise the release and
concentration of contamination. These measures must include as a minimum, but are not
limited to, the following:
(a) Ensure non essential exposure of soil is prevented by: restricting the extent of
clearing to that necessary for access to, and safe construction of, the approved
works; protecting vegetation in all other areas of the site; and by minimising the
duration of soil exposure by:
|. staging the works to minimise the area of soil exposed at any one time;
ll. effectively stabilising cleared areas prior to rainfall if works are delayed or
works are not intended to occur immediately. See E&SC Advice Note 1;
Ill. effectively stabilising areas at finished level without delay; and
IV. effectively stabilising steep areas, such as_ stockpiles, batters and
embankments, which are not being actively worked and prior to rainfall.
(b) Where it is not feasible to effectively stabilise cleared areas of exposed soil, such
as areas being actively worked, implement a full suite of erosion and sediment
controls to minimise erosion and maximise sediment capture in those areas; and
(c) In areas of exposed soil where it is not feasible to either effectively stabilise the
surface or implement a full suite of erosion and sediment controls, for example in
the areas being actively worked and where the implementation of some erosion and
sediment controls would impede construction activities, ensure contingency
measures are available on site and are implemented, prior to rain, to minimise
erosion and maximise sediment capture.
(d) Effectively stabilise all stockpiles, batters and embankments without delay. Where
it is not feasible to effectively stabilise a stockpile, batter or embankment, such as
areas being actively worked, ensure that sediment controls are installed and surface
stormwater flows are managed such that erosion of stockpiles, batters or
embankments is not caused by concentrated stormwater flows.
(e) For all works or other disturbances undertaken within waterways (including riparian
areas) ensure:
|. prior written approval from the relevant consent authority exists, and
Il. Work within waterways must only be: undertaken during dry weather; be
promptly rehabilitated conforming to the natural channel form, substrates and
riparian vegetation as far as possible; and be undertaken in accordance with
Best Practice Erosion and Sediment Control, Appendix | — Instream works,
Sections 14 and 16, International Erosion Control Association (2008)
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III. Temporary vehicular crossings of waterways must be designed and
constructed to convey flows and remain stable for all rainfall events up to the
1 in 10-year average recurrence interval (ARI) event of critical duration.
(f) Ensure clean stormwater is diverted or managed around or through the site without
increasing the concentration of total suspended solids or other contaminants in the
flow and without causing erosion (on site or off site). If it is not feasible to divert all
areas discharging clean stormwater around or through the site, manage the clean
stormwater runoff as for contaminated stormwater runoff, and ensure that sediment
basins are sized to accommodate the additional volume of runoff (See E&SC
Advice Note 2).
(g) Ensure sheet flows of stormwater are managed such that sheet and rill erosion is
prevented or minimised.
(h) Ensure that all concentrated stormwater flows including drainage lines, diversion
drains, channels and batter chutes are managed onto, through, and at release
points from the site in all rain events up to and including the average recurrence
interval (ARI) event of 1 in 2 year ARI without causing water contamination, sheet,
rill or gully erosion, sedimentation, or damage to structures or property
(i) Ensure measures have been implemented such that the runoff from all disturbed
areas flows to a sediment basin or basins. Where it is not feasible to divert runoff
from small disturbed areas of the site to a sediment basin, implement compensatory
erosion and sediment controls (See E&SC Advice Note 3).
(j) Ensure each sediment basin has the capacity to treat flows to current best practice
standards (see E&SC Advice Note 4) and as a minimum to contain all the
stormwater runoff from the 80th percentile 5 day rainfall depth and store 2 months
sediment from the receiving catchment, as determined using the Revised Universal
Soil Loss Equation.
(k) Ensure sediment basins are maintained with sufficient storage capacity to capture
and treat the runoff for the design rainfall depth or event. Where sediment basins
are proposed to be oversized for storage of captured water for re-use, install survey
markers in each such basin to indicate the level that water within the basin must be
lowered to, in order to meet the storage capacity specified in the above requirement.
(l) Ensure sediment basins are dewatered as soon as practicable after each rainfall
event.
(m) Ensure stormwater captured in sediment basins is treated prior to discharge to
minimise the volume and concentration of contaminants released from site, having
due regard to forecast rainfall (See E&SC Advice Note 5).
(n) Ensure sediment basins and associated structures such as inlets, outlets and
spillways are structurally sound for 10 year ARI rainfall event, under normal
circumstances and for 100 year ARI rainfall event, if failure of the basin poses a
threat to downstream dwellings or public safety.
(o) Ensure accumulated sediment from basins and other controls is removed and
disposed of appropriately without causing water contamination.
(p) Ensure sediment does not leave the site on the tyres of vehicles.
UNITYWATER
17. A single Unitywater installed primary water meter must be provided immediately inside the
property boundary. Additional water meters must be installed for each title of a community
title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance
with Unitywater requirements and remain accessible at all times for reading and
maintenance purposes.
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(f)
(g)
(h)
(i)
(i)
(k)
(I)
(m)
(n)
(0)
(Pp)
Ill. Temporary vehicular crossings of waterways must be designed and
constructed to convey flows and remain stable for all rainfall events up to the
1 in 10-year average recurrence interval (ARI) event of critical duration.
Ensure clean stormwater is diverted or managed around or through the site without
increasing the concentration of total suspended solids or other contaminants in the
flow and without causing erosion (on site or off site). If it is not feasible to divert all
areas discharging clean stormwater around or through the site, manage the clean
stormwater runoff as for contaminated stormwater runoff, and ensure that sediment
basins are sized to accommodate the additional volume of runoff (See E&SC
Advice Note 2).
Ensure sheet flows of stormwater are managed such that sheet and rill erosion is
prevented or minimised.
Ensure that all concentrated stormwater flows including drainage lines, diversion
drains, channels and batter chutes are managed onto, through, and at release
points from the site in all rain events up to and including the average recurrence
interval (ARI) event of 1 in 2 year ARI without causing water contamination, sheet,
rill or gully erosion, sedimentation, or damage to structures or property
Ensure measures have been implemented such that the runoff from all disturbed
areas flows to a sediment basin or basins. Where it is not feasible to divert runoff
from small disturbed areas of the site to a sediment basin, implement compensatory
erosion and sediment controls (See E&SC Advice Note 3).
Ensure each sediment basin has the capacity to treat flows to current best practice
standards (see E&SC Advice Note 4) and as a minimum to contain all the
stormwater runoff from the 80th percentile 5 day rainfall depth and store 2 months
sediment from the receiving catchment, as determined using the Revised Universal
Soil Loss Equation.
Ensure sediment basins are maintained with sufficient storage capacity to capture
and treat the runoff for the design rainfall depth or event. Where sediment basins
are proposed to be oversized for storage of captured water for re-use, install survey
markers in each such basin to indicate the level that water within the basin must be
lowered to, in order to meet the storage capacity specified in the above requirement.
Ensure sediment basins are dewatered as soon as practicable after each rainfall
event.
Ensure stormwater captured in sediment basins is treated prior to discharge to
minimise the volume and concentration of contaminants released from site, having
due regard to forecast rainfall (See E&SC Advice Note 5).
Ensure sediment basins and associated structures such as inlets, outlets and
spillways are structurally sound for 10 year ARI rainfall event, under normal
circumstances and for 100 year ARI rainfall event, if failure of the basin poses a
threat to downstream dwellings or public safety.
Ensure accumulated sediment from basins and other controls is removed and
disposed of appropriately without causing water contamination.
Ensure sediment does not leave the site on the tyres of vehicles.
UNITYWATER
17. A single Unitywater installed primary water meter must be provided immediately inside the
property boundary. Additional water meters must be installed for each title of a community
title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance
with Unitywater requirements and remain accessible at all times for reading and
maintenance purposes.
Document Set ID: 23113824
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18. Easements (3.0 metres mininmum) must be provided over Unitywater rising mains within
the development site. A 4.0 metre wide easement is required over sewers greater than 3.0
metres deep. Easements must be centrally located over the main.
19. Provision of an access easement in favour of Unitywater, allowing vehicular access by
Unitywater to Unitywater rising mains within the development site.
20. Proposed tree plantings must maintain a minimum horizontal clearance of 1.5 metres from
Unitywater sewerage rising mains. Landscaping plants within these clearances must be
low growing when mature and suitable approved varieties.
21. During the maintenance period the applicant must carry out necessary repairs to: defects
and/or damage of road works; drainage and associated work; water supply and sewerage
reticulation and pump stations and associated equipment. These repairs include damage
and/or alterations caused by third parties carrying out works within the development.
22. No building or structure can encroach within an existing or proposed sewer easement
without the written approval of Unitywater.
23. Construction works undertaken in the vicinity of Unitywater’s existing water supply or
sewerage infrastructure must not adversely affect the integrity of the infrastructure. All
costs associated with repair, replacement or alteration to existing infrastructure must be
met by the applicant.
5. APPROVED PLANS
The following plans are Approved plans for the development:
Approved Plans
Plan No. Rev Plan/Document Name Date
M1717E5-L01 A Construction Staging Plan, prepared by 28 February
JFP Consulting Engineers 2018
M1717E5-EW01 C Earthworks Layout Plan, prepared by JFP 4 May 2018
Consulting Engineers
M1717E5-EW02 B Earthworks Details Plan, prepared by JFP 27 April 2018
Consulting Engineers
M1717E5-R01 F Roadworks Layout Plan, prepared by JFP 18 April 2024
Consulting Engineers
M1717E5-R02 A Roadworks Details Plan, prepared by JFP 28 February
Consulting Engineers 2018
M1717E5-R03 H Roadworks Intersection Details Plan, 18 April 2024
prepared by JFP Consulting Engineers
M1717E5-R04 A Roadworks Longitudinal Sections 28 February
Swallow Street, prepared by JFP 2018
Consulting Engineers
M1717E5-R05 A Roadworks Cross Sections Swallow 28 February
Street, prepared by JFP Consulting 2018
Engineers
M1717E5-R06 B Roadworks Longitudinal Sections Blue 10 January
Gum Street, prepared by JFP Consulting 2020
Engineers
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18.
19.
20.
21.
22.
23.
Easements (3.0 metres mininmum) must be provided over Unitywater rising mains within
the development site. A 4.0 metre wide easement is required over sewers greater than 3.0
metres deep. Easements must be centrally located over the main.
Provision of an access easement in favour of Unitywater, allowing vehicular access by
Unitywater to Unitywater rising mains within the development site.
Proposed tree plantings must maintain a minimum horizontal clearance of 1.5 metres from
Unitywater sewerage rising mains. Landscaping plants within these clearances must be
low growing when mature and suitable approved varieties.
During the maintenance period the applicant must carry out necessary repairs to: defects
and/or damage of road works; drainage and associated work; water supply and sewerage
reticulation and pump stations and associated equipment. These repairs include damage
and/or alterations caused by third parties carrying out works within the development.
No building or structure can encroach within an existing or proposed sewer easement
without the written approval of Unitywater.
Construction works undertaken in the vicinity of Unitywater’s existing water supply or
sewerage infrastructure must not adversely affect the integrity of the infrastructure. All
costs associated with repair, replacement or alteration to existing infrastructure must be
met by the applicant.
| 5.
APPROVED PLANS |
The following plans are Approved plans for the development:
Approved Plans
Plan No. Rev Plan/Document Name Date
M1717E5-L01 A Construction Staging Plan, prepared by | 28 February
JFP Consulting Engineers 2018
M1717E5-EWw01 Cc Earthworks Layout Plan, prepared by JFP | 4 May 2018
Consulting Engineers
M1717E5-EW02 B Earthworks Details Plan, prepared by JFP | 27 April 2018
Consulting Engineers
M1717E5-R01 F Roadworks Layout Plan, prepared by JFP | 18 April 2024
Consulting Engineers
M1717E5-RO2 A Roadworks Details Plan, prepared by JFP | 28 February
Consulting Engineers 2018
M1717E5-RO3 H Roadworks Intersection Details Plan, | 18 April 2024
prepared by JFP Consulting Engineers
M1717E5-R04 A Roadworks Longitudinal Sections | 28 February
Swallow Street, prepared by JFP | 2018
Consulting Engineers
M1717E5-RO5 A Roadworks Cross Sections Swallow | 28 February
Street, prepared by JFP Consulting | 2018
Engineers
M1717E5-RO6 B Roadworks Longitudinal Sections Blue | 10 January
Gum Street, prepared by JFP Consulting | 2020
Engineers
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M1717E5-R07 A Roadworks Cross Sections Blue Gum 28 February
Street, prepared by JFP Consulting 2018
Engineers
M1717E5-R08 B Roadworks Sections Silver Gull 27 April 2018
Boulevard, prepared by JFP Consulting
Engineers
M1717E5-R09 A Roadworks Details, prepared by JFP 28 February
Consulting Engineers 2018
M1717E5-D02 E Drainage Layout Plan, prepared by JFP 27 September
Consulting Engineers 2018
M1717E5-D03 C Drainage Longitudinal Sections, prepared 4 June 2018
by JFP Consulting Engineers
6. REFERENCED DOCUMENTS
The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No. Rev. Document Name Date
M1717 B Stormwater Infiltration System 16 August 2006
Maintenance Plan for Noosa
Domain Retirement Village
Walter Hay Drive, Noosaville,
prepared by JFP Consulting
Engineers
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Engineering
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
2. Written advice must be provided of the contractor’s name and the proposed date of
commencement of construction prior to contacting Council's delegate on 5475 9866 to
arrange a pre-start meeting.
3. 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.
4. This approval requires that contributed assets are provided to Council in a state consistent
with Council’s standards and specifications and the approved drawings at both the start
and end of the maintenance period. The applicant is responsible for ensuring that the
contributed assets meet these standards at the completion of the maintenance period. Any
damage caused to the contributed assets during the maintenance period is the
responsibility of the applicant.
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M1717E5-RO7 A Roadworks Cross Sections Blue Gum | 28 February
Street, prepared by JFP Consulting | 2018
Engineers
M1717E5-RO8 B Roadworks Sections = Silver — Gull | 27 April 2018
Boulevard, prepared by JFP Consulting
Engineers
M1717E5-RO9 A Roadworks Details, prepared by JFP | 28 February
Consulting Engineers 2018
M1717E5-D02 E Drainage Layout Plan, prepared by JFP | 27 September
Consulting Engineers 2018
M1717E5-D03 Cc Drainage Longitudinal Sections, prepared | 4 June 2018
by JFP Consulting Engineers
|6. | REFERENCED DOCUMENTS
The following documents are referenced in the assessment manager conditions:
Referenced Documents
Document No.
Rev. | Document Name
Date
M1717
B Stormwater Infiltration System | 16 August 2006
Maintenance Plan for Noosa
Domain Retirement Village
Walter Hay Drive, Noosaville,
prepared by JFP Consulting
Engineers
ADVISORY NOTES |
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Engineering
There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
Written advice must be provided of the contractors name and the proposed date of
commencement of construction prior to contacting Council's delegate on 5475 9866 to
arrange a pre-start meeting.
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.
This approval requires that contributed assets are provided to Council in a state consistent
with Council’s standards and specifications and the approved drawings at both the start
and end of the maintenance period. The applicant is responsible for ensuring that the
contributed assets meet these standards at the completion of the maintenance period. Any
damage caused to the contributed assets during the maintenance period is the
responsibility of the applicant.
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5. 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.
6. 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.
Erosion and Sediment Control
1. In this document, an effectively stabilised surface is defined as one that does not:
(a) have visible evidence of soil loss caused by sheet, rill or gully erosion or
(b) lead to sedimentation, or
(c) lead to water contamination
2. Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting
clean stormwater around or through the site because it will cause an increase in the volume
and frequency of contaminated releases from the sediment basin. For this reason, diverting
clean stormwater into a sediment basin is not acceptable unless the proponent
demonstrates that diverting clean stormwater around or through the site is not feasible.
3. Compensatory controls are erosion controls, flow controls and sediment controls which
compensate for the lack of sediment basin and are applied such that the type, timing,
placement and management of controls minimise the potential for water contamination and
environmental harm. This is primarily achieved by reducing the risk of erosion and
subsequent sediment release, for example by turfing or mulching and managing
concentrated flows in the area
4. Research has shown that sediment basins designed on a “batch” or total storm capture
approach are only capable of treating a small percentage of the annual runoff volume
without basin size becoming excessive. Innovation in sediment basin design to incorporate
continuous flow treatment is likely to occur in the future and as this technology becomes
available in best practice guidelines it is required that this technology be adopted where a
better water quality outcome will result. In the interim the minimum basin size is as specified
in the condition.
5. Dewatered flows from sediment basins must be treated to ensure total suspended solids
concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can be
demonstrated that a non compliant release occurred to facilitate a better environmental
outcome. For example, higher total suspended solids concentrations may be acceptable in
circumstances where further rain is imminent and it can be substantiated that releasing
partially treated basin water which has a TSS concentration exceeding the release limit,
would minimise the total contamination released from the site, by providing for the capture
and treatment of expected runoff. However, releasing waters from sediment basins without
treatment is not acceptable
Unitywater
1. All internal water supply mains and reticulated sewerage is privately owned and maintained,
and is the responsibility of the body corporate.
2. Connection of the proposed works to existing Unitywater water supply and sewerage
reticulation can only be performed by Unitywater. A quotation for such works will be
prepared upon request.
3. Unitywater currently requires the installation of Elster PSM 50100/39 dual check meters.
Water meters may be purchased direct from “Elster” and installed by the developer, or
Unitywater can provide the meters and undertake the works.
4. Where connection to the existing reticulation system is required, the depth of the existing
pipework must be determined prior to initiation of works to ensure that the connection can
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5. 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.
6. 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.
Erosion and Sediment Control
1. In this document, an effectively stabilised surface is defined as one that does not:
(a) have visible evidence of soil loss caused by sheet, rill or gully erosion or
(b) lead to sedimentation, or
(c) lead to water contamination
2. Diverting clean stormwater runoff into a sediment basin is an inferior option to diverting
clean stormwater around or through the site because it will cause an increase in the volume
and frequency of contaminated releases from the sediment basin. For this reason, diverting
clean stormwater into a sediment basin is not acceptable unless the proponent
demonstrates that diverting clean stormwater around or through the site is not feasible.
3. Compensatory controls are erosion controls, flow controls and sediment controls which
compensate for the lack of sediment basin and are applied such that the type, timing,
placement and management of controls minimise the potential for water contamination and
environmental harm. This is primarily achieved by reducing the risk of erosion and
subsequent sediment release, for example by turfing or mulching and managing
concentrated flows in the area
4. Research has shown that sediment basins designed on a “batch” or total storm capture
approach are only capable of treating a small percentage of the annual runoff volume
without basin size becoming excessive. Innovation in sediment basin design to incorporate
continuous flow treatment is likely to occur in the future and as this technology becomes
available in best practice guidelines it is required that this technology be adopted where a
better water quality outcome will result. In the interim the minimum basin size is as specified
in the condition.
5. Dewatered flows from sediment basins must be treated to ensure total suspended solids
concentrations of less than 50mg/L and that pH is within 6.5-8.5 unless it can be
demonstrated that a non compliant release occurred to facilitate a better environmental
outcome. For example, higher total suspended solids concentrations may be acceptable in
circumstances where further rain is imminent and it can be substantiated that releasing
partially treated basin water which has a TSS concentration exceeding the release limit,
would minimise the total contamination released from the site, by providing for the capture
and treatment of expected runoff. However, releasing waters from sediment basins without
treatment is not acceptable
Unitywater
1. All internal water supply mains and reticulated sewerage is privately owned and maintained,
and is the responsibility of the body corporate.
2. Connection of the proposed works to existing Unitywater water supply and sewerage
reticulation can only be performed by Unitywater. A quotation for such works will be
prepared upon request.
3. Unitywater currently requires the installation of Elster PSM 50100/39 dual check meters.
Water meters may be purchased direct from “Elster” and installed by the developer, or
Unitywater can provide the meters and undertake the works.
4. Where connection to the existing reticulation system is required, the depth of the existing
pipework must be determined prior to initiation of works to ensure that the connection can
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Page 9
be made without the use of vertical bends. Approval from Unitywater must be obtained
where minimum pipe cover cannot be maintained
5. Unitywater is not responsible for alterations to existing services that may be required when
Unitywater is connecting new water mains to the live water network. This may involve
negotiations with other service authorities.
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the Building Code of Australia – Part D3 as they relate to people with
disabilities. Your attention is also directed to the fact that in addition to the requirements of
the Building Code of Australia – Part D3 as they relate to people with disabilities, one or
both of the following may impact on the proposed building work:
2. the Disability Discrimination Act 1992 (Commonwealth); and
3. Anti-Discrimination Act 1991 (Queensland).
(a) Sunshine Coast Regional Council recommends that the following matters be
considered to address equitable access and facilities in the building:
4. the building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
AS 1428.2;
5. applicants should be aware that a “Disability Standard on Access to premises” is currently
being developed and most likely will impose changes on the Building Code of Australia;
and
6. any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
(a) 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.
(b) You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
8. 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.
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be made without the use of vertical bends. Approval from Unitywater must be obtained
where minimum pipe cover cannot be maintained
5. Unitywater is not responsible for alterations to existing services that may be required when
Unitywater is connecting new water mains to the live water network. This may involve
negotiations with other service authorities.
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the Building Code of Australia — Part D3 as they relate to people with
disabilities. Your attention is also directed to the fact that in addition to the requirements of
the Building Code of Australia — Part D3 as they relate to people with disabilities, one or
both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
(a) Sunshine Coast Regional Council recommends that the following matters be
considered to address equitable access and facilities in the building:
4. the building and environs should be designed to meet the requirements of the Human
Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and
AS 1428.2;
5. applicants should be aware that a “Disability Standard on Access to premises” is currently
being developed and most likely will impose changes on the Building Code of Australia;
and
6. any services and facilities in the building complex should allow independent, dignified and
equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
(a) 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.
(b) You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
8. 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.
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9. 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,
Mark Lewis
Coordinator - Engineering
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 23 July 2012.
• Decision Notice - Minor OPW12/0095.03 – 11 July 2024, with an
amendment to section 5
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9. 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,
2
Mark Lewis
Coordinator - Engineering
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
e Original Decision Notice — 23 July 2012.
e Decision Notice - Minor OPW12/0095.03 — 11 July 2024, with an
amendment to section 5
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(
iv}
who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business
days after a decision notice for the decision is given to the
agency; or
(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or
(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.
Note —
See the P&E Court Act for the court's power to extend the appeal
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.
(5) If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-
(a) the adopted charge itself; or
(b) for a decision about an offset or refund-
(i) the establishment cost of trunk infrastructure identified in
aLGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
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(3)
(4)
(5)
(6)
The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to —
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and
(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and
(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(f) for an appeal to the P&E Court — the chief executive; and
(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.
The service period is —
(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and
(e) adeemed refusal.
non-appealable, for a decision or matter, means the decision or
matter-
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.
232 Rules of the P&E Court
(1)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
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