Council archive · source document
Decision Notice - MCU22 0038 01 [As Published] · MCU22/0038.01
Officer: Nadine Gorton
Direct Telephone: 07 5329 6215
Our Reference: MCU22/0038.01
Your Reference: 21-0694P/02
28 April 2023
Stockwell Development Group Pty Ltd
PO Box 3144
SOUTH BRISBANE QLD 4101
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 November 2022, 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: MCU22/0038.01
Street address: 26 Eenie Creek Road, Noosaville
Real property description: Lot 22 SP 322201
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 18 August 2022.
• Development Permit for Material Change of Use of Premises - Commercial Business Type
1 Office & Type 2 Medical
In relation to the request to make a minor change to the existing approval, Council on 20 April
2023, decided to:
A. Approve the change.
B. Amend conditions 2, 4, 43 and 52.
C. Delete conditions 40,46,47,48 and 49.
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
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.
Approved Plans
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 and may
be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
0002 P Site Plan, prepared by Buchan 01.12.22
100-B1 L Basement 01, prepared by Buchan 09.11.22
100-B2 M Basement 02, prepared by Buchan 01.12.22
1000 R Ground Floor Plan, prepared by Buchan 01.12.22
1001 Q Level 01, prepared by Buchan 01.12.22
1200 J Roof Plan, prepared by Buchan 09.11.22
A-DA-2000 I Sections, prepared by Buchan 09.11.22
A-DA-3000 L Elevations, prepared by Buchan 09.11.22
A-DA-6001 H Perspectives, prepared by Buchan 28.04.22
A-DA-6002 C Perspectives, prepared by Buchan 18.05.22
1.1 Site Plan, prepared by place design group 17.03.22
1.2 Landscape Elevations, prepared by place 17.03.22
design group
1.3 Perspective view, prepared by place design 17.03.22
group
2.1 Indicative plant palette – streetscape and entry 17.03.22
landscaping, prepared by place design group
2.2 Indicative plant palette – bio basin landscaping, 17.03.22
prepared by place design group
3.1 Indicative materials palette, prepared by place 17.03.22
design group
Nature and Extent of Approved Use
3. The approved use must not commence until all works required by RAL18/0023 have been
completed.
4. This approval is for a total of 2,170m2 of gross floor area, as depicted on the Approved Plans,
for the following uses:
a. Commercial Business Type 1 – Office
b. Commercial Business Type 2 – Medical
c. A radiation treatment facility (radiation bunker) - only to be operated in association with
a proposed oncology use (as detailed in the SLR Consulting Memo dated 3 February
2023 and Schematic of Staffing and Patient Levels prepared by SLR and dated
17.02.2023). The oncology use and radiation treatment facility is to have a combined
gross floor area of 497m2 of the 2170m2 total approved floor area.
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5. The approved uses and associated activities must not result in environmental nuisances
such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or
surrounding uses.
Currency Period
6. This development approval lapses if the use has not happened by 18 August 2028, unless
an application to extend the currency period is approved by Council.
Built Form and Development Appearance
7. The maximum height of the development must be in accordance with the approved plans.
8. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
9. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
10. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like.
11. The development must incorporate the colour scheme and proposed mix of building
materials as outlined in the approved plans (Perspectives, prepared by Buchan dated
18.05.2022).
12. Any exterior façade where plain concrete is used must be painted or otherwise sealed to
prevent staining and mitigate against graffiti.
13. Any security screens on the premises consist of grille or translucent screens and not solid
shutters, screens or roller-doors.
14. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
15. No part of the site may be used for outdoor storage of materials.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. 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. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Street Identification
17. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
18. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
19. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the development site.
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Public Safety
20. All ground floor shopfront glazing must be protected against vandalism by the use of a form
of safety glass such as toughened or laminated glass.
21. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
Lighting must be designed to reduce the contrast between shadows and well lit areas. In
particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
parking and bin storage area.
22. After hours access to loading docks, storage areas and the basement carpark (including the
vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
other suitably appropriate means. The basement carpark must be kept closed and locked at
all times while the use is not operating.
Community Management Statement
23. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
24. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Landscaping
25. The site must be landscaped generally in accordance with an Operational Works permit.
26. Any landscaping in the road reserve must be in accordance with an Operational Works
approval.
27. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and Planning
Scheme Policy (PSP2) - Landscaping and must include in particular:
a. the works shown on the Approved Plans;
b. the feature trees (Angophora costata) must have a minimum pot size of 100 litres;
c. protection of vegetation within the 10-metre wide Environmental and Conservation
Zone;
d. vegetation installed for landscaping adjacent to the 10-metre-wide vegetation strip
protected by the Environmental and Conservation Zone must only include Noosa native
species and not include any of the undesirable species as detailed within the Noosa
Plan 2020 - Scheme Policy 3 Landscaping;
e. vegetated screening of any electrical transformers, bin storage areas and the like from
the road frontage;
f. control of all weed species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
28. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
29. 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.
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30. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Retention of Existing Vegetation
31. A Tree Management Plan in accordance with AS4970-2009 detailing vegetation in the
covenant to the north of the site (Cov. I SP182845). The TMP will demonstrate the Tree
Protection Zones and Structural Root Zones of vegetation in the covenant are protected, to
ensure the health and longevity of vegetation in the covenant. If impacts are proposed, offset
planting may be required for any impacted vegetation.
32. The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works.
33. Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as
security for the protection of the tree/s identified for retention in the conditions of this
approval. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
34. The tree/s identified for retention in the conditions of this approval must be maintained in
good health for the life of the tree.
Environment
35. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within 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.
36. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants from
the site. The erosion and sediment control measures must be designed, installed and
maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
37. Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
ENGINEERING/TRAFFIC
External Works
38. Hoffman Drive and the internal service road must be upgraded for the length of its frontage
to the subject site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. Rectification of any damage to existing kerb and channelling; and
b. Construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
Site Access and Driveways
39. A sealed access driveway must be provided from the internal service road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051 and
respective addendum; and
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b. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety. Warning signage must be provided near
the exit ramp from the underground parking area to warn motorists of pedestrian
movement along the frontage street.
Car Parking
40. Deleted.
41. The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-2004
42. Provision of vandal resistant public lighting with intensities to satisfy the requirements of
Australian Standard AS1158: Public Lighting Code;
43. Provision of 96 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
loading bay and ambulance bay.
44. The motorcycle spaces must be provided within the basement.
45. Implementation of signs and line marking as shown on Figure 3 of the SLR advice dated 20
May 2022.
46. Deleted.
47. Deleted.
48. Deleted.
49. Deleted.
50. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
51. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
52. 5 of the car parking bays provided at grade must be signed and reserved for short stay car
parking.
Security Access to Carpark
53. Where access to the carpark is proposed to be restricted by a security gate, provision must
be made for queuing of vehicles clear of the roadway while waiting for the security gate to
open.
54. Where a secure carpark services a commercial use on the site, the security gate must remain
open at all times while commercial uses on the site are open for business. The requirements
of this condition must be included in the Community Management Statement for anybody
corporate for the subject site.
Service Vehicles
55. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. 1 ambulance space; and
b. 1 SRV space.
Pedestrian and Bicycle Facilities
56. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the site’s
frontage to Hoffman Drive and the internal service road;
b. signage and lighting at strategic locations to direct people to building entries and public
toilet facilities;
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c. a total of 16 bicycle parking spaces; and
d. end of trip facilities involving 8 lockers, 2 male and female showers and change rooms
within the development.
Water Quality
57. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the latest version
of the Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in Stormwater Management Plan, prepared by MPN Consulting,
dated 27th June 2022;
b. bioretention devices which:
i. demonstrate that Bio basin 1 is able to gravity drain to the existing stormwater
infrastructure on site. The outlet pipe grade must be a minimum of 0.5% to
ensure the bio basin is free draining.
i. are designed generally in accordance with the Bioretention Technical Design
Guidelines (Water by Design, 2012)
ii. are designed, where applicable, generally in accordance with IPWEQA Standard
Drawing No. DS-073, DS-075, DS-076, and DS-078
iii. are provided with a free-draining outlet from the sub-soil drainage system
58. A maintenance manual is required to be prepared for the stormwater quality treatment
devices, rainwater tanks and basement pump out system for the development. This manual
is to be submitted to Council at Operational Works stage for review.
59. Permanent educational signage must be erected to educate the residents of the development
about the function of the bioretention device(s). The dimensions, standard, presentation and
location of the educational signage must be in accordance with an Operational Works
approval.
60. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved
Operational Works drawings for the stormwater quality treatment system and detailed life
cycle costing of the system must be attached as an addendum to this document. Records of
all maintenance activities undertaken must be kept and made available to Council upon
request.
61. Any proposed Community Management Statement required for the development must
include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
must include the full cost of maintaining the system in accordance with Water by Design
(2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the
system must be included in the proposed levies for each unit owner.
Stormwater Drainage
62. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval and the Queensland Urban Drainage Manual, and must include in particular:
a. the detention system generally as described in Stormwater Management Plan,
prepared by MPN Consulting, dated 27th June 2022;
b. the use of gravity stormwater drainage and not surcharge pits to the maximum extent
practicable. Surcharge pits may only be used where the catchment is composed of roof
surfaces only;
c. provision of rainwater tanks for the capture and reuse of roof water for the irrigation of
communal landscaping; and
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d. accommodation for both severe storms or severe blockage of the underground
drainage network. A Severe Storm/Severe Blockage Assessment for the drainage
system proposed for the site is to be provided with the development application for
operational works, and is to demonstrate that finished floor levels will not be inundated
under either a severe blockage of the underground drainage network in the 1%AEP
event at year 2100, or for a severe storm exceeding the 1%AEP based on design
blockage.
Acid Sulfate Soils
63. An Acid Sulfate Soil Management Plan must be prepared and submitted with the Operational
Works application for the site. The acid sulfate management plan must include testing,
monitoring and treatment requirements for the works.
Services
64. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
65. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
66. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
67. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
68. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
69. All excavation, fill, soil retaining structures and associated batters must be undertaken in
accordance with an Operational Works approval, and contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council.
70. 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
71. 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.
WASTE DISPOSAL
72. Prior to the issue of any Operational Works approvals the Operational Waste Management
Plan must be amended to reflect that all waste collection will be undertaken by Council’s
contractor via rear lift trucks with the trucks collecting 1100 litre bins.
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73. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
area, within the site, correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is required with a
cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet
must be designed to prevent storm water entry to the sewerage system.
74. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
75. Storage, disposal and management of solid, liquid and vegetative waste is conducted in a
safe and ecologically sustainable manner without environmental nuisance. In this regard,
vegetated waste must be disposed of via a green waste bin or at a local transfer station.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Advice Energex Limited Town Schedule, 10, Part 9, The agency provided
Planning GPO Box Division 2, Table 2 – its response on 8 June
1461 BRISBANE QLD Premises near a 2022 (Reference No.
4001 substation site or subject HBD 7614167). A copy
to an easement of the response is
attached
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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.
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.
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Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
4. 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
Balance Lot for Staged Building Format Plans
5. In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of
the development such that a Building Format Plan is registered with a balance lot for future
development will first require a Development Permit for Reconfiguring a Lot be obtained from
Council.
Sustainability
6. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
7. Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except
where in an appliance used for domestic heating or cooking purposes, which must comply
with particular Standards. Any area identified as a fire pit area on approved plans is to be in
accordance with Local Law & Subordinate Local Law No. 3, Schedule 3. Refer to the
following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Qualified persons
8. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
9. For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
10. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
Resubmission of Amended Documents Required
11. The conditions of this Decision Notice require resubmission of the referenced Arborist Report
to Council with amendments. Please address the amended document/ to Council’s Planning
Assessment Branch with the Reference No. MCU21/0146, separate to any Operational
Works application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the documents be resubmitted prior to lodgement of any
Operational Works application. Should the amended documents not be submitted, the
applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
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ENVIRONMENTAL HEALTH ADVICE
Building Works
12. Noise from residential building works shall comply with the following:
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions
c. Not permitted on Sunday or public holidays.
Measurement of Noise
13. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with either:
a. Australian Standard AS1055.1 “Acoustics–Description and measurement of
environmental noise – General procedures”, or
b. The relevant “Noise Measurement Manual” as provided by the Department of
Environment and Heritage Protection.
14. A qualified person is considered to be either:
a. a Registered Professional Engineer of Queensland, or;
b. an environmental consultant with a minimum of 3 years current experience in the field of
acoustics.
Environmental Protection
15. The development should be undertaken in a manner that causes no unlawful environmental
nuisance under the Environmental Protection Act 1994 by the creation of excessive noise,
lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the
environment.
16. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement,
concrete, builder’s waste or other prescribed contaminants should not to be released to or
be placed where it could reasonably be expected to move into a roadside gutter, storm water
drain or a watercourse. On the spot fines apply for such offences.
ENGINEERING ADVICE
Co-ordination of Operational Works Assessment
17. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Landscaping, Stormwater, Frontage Works,
Works Access, Earthworks and Car Parking
Development Permit for Building Works All building works
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10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Patrick Murphy
Acting Manager, Development Assessment
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. Energex
Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 18 August 2022.
• Decision Notice - Minor MCU22/0038.01 – 20 April 2023, with an amendment to conditions 2, 4, 43 and 52 and the deletion of
conditions 40, 46, 47, 48 and 49.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Page 14
3. Access to the easement and access along the easement must be available to Energex personnel and heavy equipment at all times. 4. Any future works in the vicinity of Energex assets are to be carried out in accordance with the Electricity Entity Requirements: Working Near Overhead and Underground Electric Lines. This guideline can be accessed via the following link: https://www.energex.com.au/__data/assets/pdf_file/0004/344470Working- Near-Overhead-and-Underground-Electric-Lines-WP1323. pdf. Should you require any further information on the above matter, please contact Maddison Low on 0456 836 609. Yours faithfully, Maddison Low Town Planner Reference: HBD 7614167 Page 14 of 15 Document Set ID: 22385500 Version: 8, Version Date: 28/04/2023
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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
(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.
Page 15 of 15
Document Set ID: 22385500
Version: 8, Version Date: 28/04/2023
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