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SUPERSEDED Decision Notice - Other Change - 132004 4029 01 & RAL22 0010 [As Published]
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: 132004.4029.01 &
RAL22/0010
Your Reference: 220311
23 May 2023
RL Ford
C/- Adams & Sparkes Town Planning
PO Box 1000
BUDDINA QLD 4575
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 16 May 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132004.4029.01, RAL22/0010
Street address: Avoca Lodge 6 Martin St Peregian Beach Qld 4573
Real property description: Lots 1 & 2 SP 215946 & Lot 0 GTP 345
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 4 November 2004.
• Material Change of Use – Extension to Duplex Dwelling.
In relation to the request to make an Other Change to the existing approval, Council on 16
May 2023, decided to approve the requested changes. The changes are detailed below.
A. Approve the Other Change.
B. Amend Conditions 1, 3, 5, 5.3, 7, 18, 21.
C. Include additional Conditions 5.4, 5.5, 5.6, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48
and 49.
D. Delete Conditions 8, 12, 15, 16, 17 and 19.
E. Approve the application for Reconfiguring a Lot – Subdivision by Community Title
Scheme.
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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4. ASSESSMENT MANAGER CONDITIONS
Land Use
Approved Plans
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table/s below. The plans must be amended to
incorporate the amendments listed within the table below and resubmitted to Council
prior to the issue of any Development Permit for Operational Works*.
Plan No. Rev. Plan/Document Name Date
132004.4029
SK01 A - Site Plan, prepared by unknown March 2004
SK02 A - Ground Floor Plan, prepared by unknown March 2004
SK03 A - Upper Floor Plan, prepared by unknown March 2004
SK04 A - Roof Plan, prepared by unknown March 2004
SK05 A - South and East, prepared by unknown March 2004
SK06 A - North and West, prepared by unknown March 2004
132004.4029.01
21-068-DD-02 E Proposed Site & Roof Plan, prepared by 4 May 2023
DCM Building Design + Drafting
21-068-DD-11 E Unit 1 Existing + Demolition + Proposed, 4 May 2023
prepared by DCM Building Design +
Drafting
21-068-DD-03 E Landscaping & Areas Plan, prepared by 4 May 2023
DCM Building Design + Drafting
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The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
21-068-DD-05 E Unit 2 Proposed Ground Floor Plan, 4 May 2023
prepared by DCM Building Design +
Drafting
21-068-DD-06 E Unit 2 Proposed First Floor Plan, 4 May 2023
prepared by DCM Building Design +
Drafting
21-068-DD-12 E 3D Elevations 01, prepared by DCM 4 May 2023
Building Design + Drafting
21-068-DD-13 E 3D Elevations 02, prepared by DCM 4 May 2023
Building Design + Drafting
21-068-DD-15 E Elevations 01, prepared by DCM 4 May 2023
Building Design + Drafting
21-068-DD-16 E Elevations 02, prepared by DCM 4 May 2023
Building Design + Drafting
21-068-DD-18 E Sections 01, prepared by DCM Building 4 May 2023
Design + Drafting
21-068-DD-19 E Sections 02, prepared by DCM Building 4 May 2023
Design + Drafting
21-068-DD-20 E Site 3D View, prepared by DCM 4 May 2023
Building Design + Drafting
Amendments The total gross floor area of the development is to be reduced,
to not exceed a plot ratio of 0.4:1.
*(Refer to Advisory Note)
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. All fencing shall be setback at least 1 metre from the front property boundary, with at
least half of the fencing to be setback 2 metres. The area of land between the fence and
the front property boundary shall be densely landscaped to screen any fencing.
4. Any deck areas shall not be enclosed with shutters, glass panelling or the like, thus
remaining as open structures.
Landscaping Works
5. The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines and a properly prepared landscape plan. Such
landscaping is to be completed prior to the premises being occupied and maintained at
all times thereafter. The landscape plan is to include the following:
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5.1. The implementation of garden beds with screening vegetation consisting of a
mixture of native trees with mid and understorey planting in the setback area along
the Martin Street road frontage and along the eastern boundary.
5.2. The mature coconut palm in the south-eastern corner of the site shall be replaced
with a large endemic tree (100 Litre +) to achieve a height of 8-10 metres.
5.3. A large endemic tree (75 Litre +) shall be provided in the rear garden of Unit 1 to
replace the trees required to be removed due to the extensions, in order to
maintain the amenity of the area.
5.4. The landscaping area specific to Unit 2 is to be undertaken in accordance with an
Operational Works approval and the Noosa Plan for that specific area, and must
include in particular:
a. the areas shown on the approved concept landscape plan as listed in
Condition 38.
b. all landscape garden beds located wholly within the property.
c. 2 street trees are to be provided along each frontage, and are to be setback
a minimum of 1 metre from the road verge, and are to be of a species that
do not impact on services.
5.5 All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed
to grow to full form and be refurbished when its life expectancy is reached.
5.6 All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
6. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
The landscape plans referred to above are to denote areas of existing vegetation or
existing trees proposed to be retained.
7. The landscaping plans referred to in the conditions are to be prepared and certified by
a suitability qualified and experienced Landscape Architect or Horticulturalist.
8. DELETED.
9. The proposed development shall have all kitchen, laundry and bathroom fittings that
comply with the AAA Water Conservation Rating System as defined by the AS/NZS
6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National
Plumbing and Drainage Standard Part 1.2). All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are
excluded from this requirement.
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for operational works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
11. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval to effect compliance with conditions.
12. DELETED.
13. This Development Permit for a material change of use of premises lapses if:-
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13.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 4 November 2008, unless application is made and approved
by Council for an extension; or
13.2. the use of any premises pursuant to the Development Permit ceases.
14. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for building works.
Land Development
15. DELETED.
16. DELETED.
Carparking
Off Street
17. DELETED.
18. A minimum of 4 car parking spaces must be provided on the site. The works must include
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
19. DELETED.
Pathway Contributions
20. A pathway contribution of $68.00 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to
the Council prior to obtaining a Development Permit for Operational Works. This amount
will be subject to variations in the Price Index, All Groups Brisbane from June 2004 until
the date of payment.
Stormwater Drainage
21. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be generally in accordance with RECOR’s
Stormwater Management Plan (20220116-SWMP01) dated 27 September 2022.
Sewer Mains
22. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to
Council.
Town Water Supply
23. The site shall be connected to Council’s existing town water supply and be constructed
in accordance with Council’s standards and requirements at no cost to Council.
Service Easements
24. A registered easement shall be created over the existing sewer main that crosses the
site. The easements shall generally be parallel to and centred over the sewer main and
be equivalent in width to twice the depth to invert level of the sewer at the deepest point
within the allotment (measured from the finished surface) and be no less than 3.0 metres
wide.
In this regard, plans submitted for Operational Works approval shall accurately show the
location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at
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the Land Titles Office and any additional Titles Office forms or requisitions requiring the
consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to
the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
25. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement or any other public utility’s
underground must have its foundations designed so that no surcharge loads are
imposed upon such underground infrastructure. Foundations must be taken down a
minimum of 1 metre below a line of influence measured 1 metre in the direction of the
foundation from the centreline of the closest underground service and along the natural
angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be
designed by a registered practicing Geotechnical Engineer and submitted with the
application for a Development Permit for Operational Works.
Headworks
26. Contributions shall be paid to Council in accordance with Planning Scheme Policies
PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage
Headworks Contributions respectively and at the rates applicable at the time of payment.
An estimate only of the contribution rates as of June 2004 under the current policies is
as follows:
Water Supply $1,097
Sewerage $1,271
TOTAL $2,368
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
the headworks contributions not be paid at the due time, Council shall call upon the
trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses
or is cancelled, the contribution or trading bank guarantee will be returned.
Erosion and Sediment Control
27. Any person acting on this permit shall prevent erosion and sediment export from leaving
the site. Site control measures such as silt fencing, controlled gravel access to the site
and controlled disposal of waste, will be necessary.
28. In this regard plans detailing the methods of controlling erosion and sediment are
required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.
General
29. Any damage caused to any public utility during the course of construction shall be
repaired to Council’s standards and at no cost to Council.
30. Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site shall be at no cost to
Council.
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31. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site shall be covered to prevent materials including dust being
windblown from the vehicle.
Building Services
32. A contour survey of the subject site is to be carried out by a Licensed Surveyor and is
to be submitted to Council at the time of application for building approval. Such survey
shall set out the natural surface levels of the site and the position of buildings on the
site.
33. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
maximum building height above natural surface, required by the provisions of the
Planning Scheme.
Environmental Health
34. The developer must provide a suitably screened imperviously paved area large enough
for all refuse and recycling containers.
35. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure
or located in a manner which prevents a noise nuisance beyond the subject land in
accordance with the nuisance provisions of the Environmental Protection Regulation
1998. On the spot fines apply for such offences.
36. Noise emission from air conditioning equipment shall comply with the following
requirements:
36.1. The equipment shall be installed and located in a manner which prevents noise
nuisance beyond the subject land in accordance with the nuisance provisions of
the Environmental Protection Regulation 1998 and Council’s Local Law No. 12 -
Control of Nuisances. Infringement Notices (on-the-spot fines) may apply for
offences.
36.2. Submission of written certification from a suitably qualified person confirming that
the noise levels comply when measured at the nearest residential boundary. This
is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council.
36.3. A person must not use equipment on any day if it makes or causes noise to be
made –
36.3.1. Before 7am or after 10pm: More than the lower of either –
• 40 d(B)A
• 3 d(B)A above the background noise level
36.3.2. From 7am to 7pm: More than the lower of either –
• 50 d(B)A
• 5 d(B)A above the background noise level
36.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
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Additional Conditions – 17 May 2023
Site Access and Driveways
37. A sealed access driveway must be provided from Avocet Parade to all parking and
manoeuvring areas of Unit 2 (Lot 6 on 2SP215946). The works must be undertaken in
accordance with an Operational Works approval and must be generally in accordance
with the proposed driveway design included as part of RECOR’s Proposed Residential
Development drawing set (20220116) dated 27 September 2022.
Geotechnical Stability
38. All works must be carried out in accordance with a Geotechnical Report (or part thereof)
prepared by a qualified person* and endorsed through an Operational Works approval.
Earthworks and Retaining Walls
39. All fill and associated batters must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
40. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
41. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
42. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Building Appearance
43. External design features, materials and finishes must be as shown on the Approved
Plans, with no inclusions or alterations made without approval in writing by Council.
44. External finishes of the building must be a mix of lightweight and textured external
finishes, with masonry areas incorporating a variety of textured finishes to break up the
surface.
45. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
or the like thus remaining as open structures.
46. External colours and finishes must be of an understated colour scheme and low-
reflective roofing and cladding materials.
47. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
48. The boundary setback along the common boundary with Lot 343 P93114 is to be for soft
landscaping only, no services are to be provided in this area.
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49. The upper-level balcony located on the eastern building face of Unit 1 must include either
balcony planter boxes, balustrading or fixed external screens, positioned in such a way
to obscure direct views into the habitable room windows or private open space areas of
the adjoining property. Any fixed external screen(s) must not extend more than 50% of
the length of the balcony.
RECONFIGURING A LOT
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
2. 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
10626 PROP C - Proposed Boundary Realignment, 23 May 2022
prepared by Skyline Surveyors
(annotated by Council)
Currency Period
3. This development approval lapses if the use has not happened by 17 May 2027 unless
an application to extend the currency period is approved by Council.
Boundary Encroachments
4. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the
site comply with the relevant provisions of the planning scheme and the Building
Act 1975, unless varied by this Decision Notice
5. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
6. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within an
easement
7. all retaining walls and structures are fully contained within the lot they retain
8. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties
9. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
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5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
2022016 01 RECOR’s Proposed Residential Development 27
drawing set (20220116) dated 27 September September
2022. 2022
20220116- 0 Stormwater Management Plan, prepared by 27
SWMP01 RECOR Consulting dated 27 September 2022. September
2022
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency
at DILGP Via MyDAS2 Division 3, Table 1 - provided its
at https://prod2.dev- Areas with substantial response on 12
assess.qld.gov.au/suite potential for UXO July
/ (for assistance, 2022(Reference
contact DILGP at 5352 No. 2206-29296
9701 or SRA). A copy of
email:SEQNorthSARA the response [email protected] attached
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
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 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land
and Resources Tribunal, and the Minister administering the ACH Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH
Act.
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Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities. Your attention is also directed to the fact
that in addition to the requirements of the National Construction Code as they relate to
people with disabilities, one or more of the following may impact on the proposed
building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plan/s to Council with
amendments. Please address the amended plan/s to Council’s Development
Assessment Branch with the Reference No. 132004.4029.01 separate to any
Operational Works application. To avoid delays and assessment issues with the
Operational Works application, it is recommended the plan/s be resubmitted prior to
lodgement of any Operational Works application. However, should the plan/s not be
submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of
a Development Permit.
Building and Construction Industry (Portable Long Service Leave) Levy
5. The QLeave levy must be paid prior to the issue of a development permit where it is
required. Council will not be able to issue a Decision Notice without receipt of details
that the Levy has been paid.
Co-ordination of Operational Works Assessment
6. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will
result if all works are lodged in a single application.
Qualified Person
7. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical
stability for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
8. has a degree in civil engineering or engineering geology; and
9. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Infrastructure Charges
10. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges
Resolution” made pursuant to the planning legislation and regulations current at the time
of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development
Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage,
Vegetation Clearing.
Development Permit for Building Works All building work (including demolition)
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a negotiated decision
notice will be issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online
at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
SARA
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DECISION NOTICE HISTORY
• Original Decision Notice – 4 November 2004.
• Decision Notice – Other Change – 132004.4029.01 – 16 May 2023, with an amendment to conditions 1, 3, 5, 5.3, 7, 18 and
21 and additional conditions 5.4, 5.5, 5.6, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49. Delete conditions 8, 12, 15,
16, 17 and 19.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Representations 2206-28286 SRA 2017) 2206-29296 SRA Noosa Shire Council 6 Martin Street, Peregian Beach Lot 0 on GTP345, Lot 1 on SP215946 and Lot 2 on SP215946 Richard Ford C/- Adams + Sparkes Town Planning PO Box 1000 BUDDINA QLD 4575 [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 Rose Dagg, Senior Planning Officer, on 07 3452 7726 or via email [email protected] who will be pleased to assist. Yours sincerely David Hooper Manager cc Richard Ford C/- Adams + Sparkes Town Planning, [email protected] enc Attachment 1 - Referral agency condition Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions State Assessment and Referral Agency Document Set ID: 22435165 Version: 5, Version Date: 23/05/2023 Page 20f 5 Page 15 of 20
Page 16
2208-28296 SRA Attachment 1—Referral agency condition (Under section 56(1)(b)(i) of the Planning Act 2016 the following condition must be attached to any development approval relating to this application) No. Condition Condition timing Material Change of Use and Reconfiguring a Lot 10.4.3.1.1—Contaminated premises (unexploded ordnance)—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of State Development, Infrastructure, Local Government and Planning 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 condition: 1. Provide written confirmation to the Department of State Development, Prior to the Infrastructure, Local Government and Planning by an approved commencement of contractor on the Australian Government, Department of Defence, works Unexploded Ordnance (UXO) Panel that the subject site has been remediated and cleared of unexploded ordnances. The UXO Panel is found online at: http/www_defence gov au/estatemanagementi/su dehy OTOE! agée.asp State Assessment and Referral Agency Page 3 of 5 Document Set ID: 22435165 Page 16 of 20 Version: 5, Version Date: 23/05/2023
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2206-28286 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP), version 3.0. If a word remains undefined it has its ordinary meaning. 2. Provide the owner, occupier and any person employed to work on the subject site the following information: (a) Residual UXO may still exist following remediation and all work should proceed with due caution. (b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: i. advise the Police immediately ii. do not disturb the object ii. take action, where appropriate, to prevent it being disturbed (c) Another person: i. note its approximate dimensions and general appearance ii. note the route to its location. Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors, may use the following websites: Department of Environment and Science — https://www.des.qid.gov.au/ Commonwealth Department of Defence — http:/Awww.defence.gov.au/uxo/ State Assessment and Referral Agency Page 4 of 5 Document Set ID: 22435165 Page 17 of 20 Version: 5, Version Date: 23/05/2023
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2208-28296 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reason for SARA’s decision is: The development complies with State code 13: Unexploded ordnance of the SDAP. Specifically, the development application can be conditioned to ensure that risks associated with unexploded ordnance are appropriately managed to protect human health and the environment. Material used in the assessment of the application: *¢ the development application material and submitted plans © Planning Act 2016 ¢ Planning Regulation 2017 ¢ SDAP (version 3.0), as published by SARA * Development Assessment Rules * SARA DA Mapping system ¢ Human Rights Act 2019. Attachment 4—Representations about a referral agency response provisions (page le# intentionally blank) State Assessment and Referral Agency Page 5of 5 Document Set ID: 22435165 Page 18 of 20 Version: 5, Version Date: 23/05/2023
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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
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
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 (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or 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 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
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 (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(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 (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
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. 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 (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. 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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