OPW16/0021 - Decision Notice

Officer:	:Monkeith Kadhum
Direct Telephone:	 07 53296290
Our Reference:	:OPW16/0021
Your Reference:	:01550

12 July 2016

Country & Coast, Martoo Consulting Pty Ltd
Coastal Certifiers C/- Sarah Ender Martoo Consulting
PO Box 1684
NOOSA HEADS  QLD  4567

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 11 July 2016, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:

1.	APPLICATION DETAILS

Application No:	OPW16/0021
Street Address:	71 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 1 RP 197117
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Development Permit for Operational Work:- Earthworks, Stormwater and Landscaping

3.	RELEVANT PERIOD OF APPROVAL

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

4.	ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
14517-OP22	B	Earthworks Plans Stage 1 and Stage 2, Prepared by TOD Consulting	30 March 2016
14517-OP23	C	Earthworks Plans Stage 3, Prepared by TOD Consulting	4 May 2016
14517-OP24	B	Earthworks Plans Stage 4, Prepared by TOD Consulting	30 March 2016
14517-OP25	B	Earthworks Plans Stage 5, Prepared by TOD Consulting	30 March 2016
14517-OP26	C	Earthworks Plans Stage 6, Prepared by TOD Consulting	4 May 2016
14517-OP27	B	Earthworks Plans Stage 7, Prepared by TOD Consulting	30 March 2016
14517-OP28	C	Driveway and Overland Flowpath Details, Prepared by TOD Consulting As Annotated in Red by Council	4 May 2016
14517-OP30	B	Construction Details, Prepared by TOD Consulting	30 March 2016
14517-OP31	C	Stormwater Basin and Discharge, Prepared by TOD Consulting As Annotated in Red by Council	4 May 2016
14517-OP32	C	Stormwater Basin Details, Prepared by TOD Consulting As Annotated in Red by Council	4 May 2016
Landscaping Plans
L001	C	Layout, Schedule + Notes, prepared by James Birrell Design Lab	10/05/16
L002	C	Finishes Schedule, prepared by James Birrell Design Lab	10/05/16
L003	C	Planting Schedule 1 of 2, prepared by James Birrell Design Lab	10/05/16
L004	C	Planting Schedule 2 of 2,  prepared, by James Birrell Design Lab As Amended in Red by Council	10/05/16
L201	C	Surfaces Plan (Plan A), prepared by James Birrell Design Lab	10/05/16
L202	C	Surfaces Plan (Plan B), prepared by James Birrell Design Lab	10/05/16
L203	C	Surfaces Plan-Inset A, prepared by James Birrell Design Lab	10/05/16
L204	C	Surfaces Plan-Insets B&C, prepared by James Birrell Design Lab	10/05/16
L205	C	Surfaces Plan-Green Roof, prepared by James Birrell Design Lab	10/05/16
L301	C	Planting Plan (Plan A), prepared by James Birrell Design Lab	10/05/16
L302	C	Planting Plan (Plan B), prepared by James Birrell Design Lab	10/05/16
L303	C	Planting Plan-Inset A, prepared by James Birrell Design Lab	10/05/16
L304	C	Planting Plan-Inset B, prepared by James Birrell Design Lab	10/05/16
L305	C	Planting Plan-Green Roof, prepared by James Birrell Design Lab	10/05/16
L401	C	Landscape Details, prepared by James Birrell Design Lab	10/05/16
L402	C	Landscape Details, prepared by James Birrell Design Lab	10/05/16
L403	C	Landscape Details, prepared by James Birrell Design Lab	10/05/16
L404	C	Landscape Details, prepared by James Birrell Design Lab	10/05/16
L405	C	Landscape Details, prepared by James Birrell Design Lab	10/05/16
L501	C	Sections and Elevations, prepared by James Birrell Design Lab	10/05/16
L502	C	Sections and Elevations, prepared by James Birrell Design Lab	10/05/16
L503	C	Sections and Elevations, prepared by James Birrell Design Lab	10/05/16

PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater, Energex) and external parties on which the development works are proposed must have been obtained and a copy supplied to Council.
Copies of the approved plans, duly signed by the supervising consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer Construction at the “pre start” meeting.
A detailed condition report of the following must be completed and submitted to Council at the prestart meeting and prior to any works commencing. The report must include but not be limited to:
photographs of the access easement and the adjoining fencing/walls
photographs of the frontage of the site,
photographs of the lead in roads (Solway Drive, Bryan Street and Seaview Terrace),
photographs of the existing landscaping along lead in roads and the access easement,
any private properties that could potentially be impacted on by the works (particularly directly adjoining properties and other properties adjacent to the access easement).
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 53296244*. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering and stormwater drainage works;
Landscaping;
Erosion and sediment control works;
Other relevant parties.
(*) refer to advisory notes
A Construction Management Plan must be submitted to Council for approval prior to the pre-start meeting. The CMP must be generally in accordance with the requirements of Condition 17 of the higher order approval (MCU14/0084) and must include but not be limited to:
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise construction times, impacts on traffic, on-street parking, delivery of services and other relevant issues.
The works must not impede the legal use of the access handle by the benefited parties without their prior agreement. An effective notification procedure must be in place in this regard to advise the affected parties.
identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Traffic management during all aspects of the construct phase including shall be generally in accordance with Sea View Terrace Traffic Management Plan and its attachments (6 diagrams) prepared/compiled by Hutchinson Builders dated March 2016.  The plan and its MUTCD must be amended prior to the prestart to include this changes:
The proposed No Parking 6am-6pm workdays on the west side of Seaview Terrace shall apply only to the last two parking spaces (ie approximately the last 15m before the cul-de-sac head).
Maintenance of safe pedestrian access along Seaview Terrace at all time.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Parked trucks must have engines turned off.
All reasonable efforts must be made to minimise impact on traffic flow and the availability of parking spaces for local residents
If any additional parking or traffic restrictions are required on Seaview Terrace these restrictions must be approved in writing by Council prior to the implementation of any additional restrictions.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval MCU14/0084 to which this approval relates.
All relevant Noosa Council Planning Scheme Policies and standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Works within Road Reserve – Reinstatement Works
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath or road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
Any road reinstalment works required due to the development works must match neatly with existing road and verge/footpath features to the reasonable satisfaction of Council. The grassed verge should generally have a maximum crossfall of 5%, except in the location of a pathway where the maximum crossfall is to be 2.5%.
Earthworks and Retaining Walls
All earthworks, stabilisation works, piling works and earth retention works must be undertaken generally in accordance with the approved plans and must be carried out in compliance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B.  Test results as required by AS 3798, and a certificate of quality, uniformity and stability of the earthworks must be provided by a RPEQ and submitted to Council at the completion each stage of Earthworks or as otherwise agreed on in the prestart meeting.
All earthworks, batters and stabilisation and earth retention works must be contained wholly within the property boundaries unless written consent from the owners of the affected properties is submitted to and accepted by Council prior to the works being undertaken.
Stormwater Drainage - General
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by concentrating, blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
LANSCAPING AND CONSERVATION AREA

Open Space Conservation Area

Existing trees on site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3m of the building footprint.
No clearing is permitted within the Open Space Conservation zone, unless authorised by conditions of this permit or further operational works permit.
All vegetation in the Open Space Conservation zone must be protected from clearing or construction activities by:
Clearly delineating the Open Space Conservation and Rural Settlement zone boundary with protective fencing.
The protective fencing must have signage installed at regular intervals facing the development stating the area is a protected area and nom unauthorised access is permitted.
Any dogs on–site during the construction period must be restrained and are not permitted in the Open Space Conservation zone.
Prohibiting entry to the Open Space Conservation zone during construction unless to undertake approved works.
restricting stockpiling, storage and works to Rural Settlement zone
Rehabilitation of disturbed areas of the Open Space Conservation zone must:
Be undertaken immediately following completion of the works that required the disturbance.
Be undertaken as soon as possible and no later than 7 days after the disturbance if the disturbance has been unplanned or a result of accident, mishap or deliberate action by any persons.
Result in the area being stable and revegetated.
Be established with revegetation works.
Be revegetated with a species mix and density reflective of the local variant of the Regional Ecosystem, site specific conditions and infrastructure requirements.
Green Roof/Walls
The plants and support systems to the Green Roof and Walls must be maintained for the life of the development to ensure screening of the walls and rooves from the beach and adjacent public areas. Any plant and support systems failures must be replaced within 28 days of the failure occurring.
Landscaping Supervision and Certification
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Prior to commencement of use the following (prepared by a qualified person* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
(* Refer to Advisory Note)
Erosion & Sediment Control
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material. At the hold point inspection, all required sediment controls, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. Priority must be given in the design to avoid the development of channel, gully or rill erosion. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
E&SC measures must be  installed and maintained to ensure runoff from the site does not create gully or rill erosion and/or that any waters discharged from the site up to and including a  85%ile 5 day rain event (or 46mm rainfall event)  contain less than 50mg Total Suspended Solids per litre. All relevant measures detailed in the International Erosion and Sediment Control Book 2008 or Sunshine Coast Manual for Erosion and Sediment Control must be installed to reduce erosion impacts and minimise the amount of sediment leaving the site.
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
The level spreader required to disperse low flows from the lower bioretention basin must be located in a position where its installation causes the least necessary disturbance to vegetation, whilst also achieving the objective of being located on the flatter parts of the site, at elevations lower than any structural elements and at elevations lower than near surface sandstone.
A geotechnical engineer must be engaged prior to commencement of construction to provide input to the:
Final location of the level spreader from both bioretention basins, and other drainage outlets on the site.
The final dimensions of the rock dissipaters form each bioretention basin. These must be the minimum size necessary to effectively dissipate flows from the bioretention basin in accordance with QDUM calculations.
The final location and design of the dissipaters shall be determined at a time agreed between Council Officers and the applicant’s representatives during the pre-start meeting. The final location of drain outfalls must be to the mutual agreement of Council Officers and the Geotechnical Engineer. The Geotechnical engineer must certify that the location and design of drain outfalls will not affect slope stability.
Screening vegetation must be provided around and throughout the rock dissipaters to ensure they are not visible from any point on the designated National Park walking trails.
Water Sensitive Design
Stormwater drainage works on the site must be generally in accordance with the approved plans and as amended by theses conditions and/or by annotation by Council.
Stormwater management on the site must be generally in accordance with the Stormwater Management Plan - 71 Seaview Terrace, Sunshine Beach Markus Hasler by Aqua Intel Date 6 May 2016 Doc No.2014022-RPT-003.
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to commencement of use.
The bio retention basins must be installed with an impervious liner. The impervious liner must replace the filter cloth as referenced on Drawing 14517-OP32 Rev C dated 4 may 2016 by Tod Consulting.
A construction hold point with a council delegate must be established once the impervious liner is installed in the excavation for each bioretention basin. At the time of inspection, the underdrainage pipes along with a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved. The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
80% of the catchment flowing to the bioretention basins must be effectively stabilised prior to the construction holdpoint for the Bioretention device.
Bioretention Devices - Landscaping
The boiretention basins must be vegetated with at least five of the following species, at a minimum density of 8 plants/m2:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Landscape plans for the areas surrounding the bioretention basin filter media footprint must be arranged to minimise shading to the filter media footprint are. Suitable plants include the following:
Carex appressa
Carex fascicularis
Ficinia nodosa
Juncus usitatis
Lomandra longifolia
Ghania sieberiana
Banksia robur
Dianella brevipendunculata
Themada triandra
Cymbopogan refractus
Melaleuca thymifolia
Where landscaping/garden beds are proposed adjacent to the bioretention basin, a 900mm deep root barrier must be installed to the interface between the landscape/garden/forest area and the bioretention basin to prevent root intrusion to the biobasin infrastructure.
Bioretention Devices - Education
Each bioretention basin shall be provided with approved permanent signage to educate the property owner on the function of the bioretention basin. The wording for the signage for each bioretention basin is to include: “BIORETENTION BASIN - This bioretention reduces the amount of heavy metals, suspended solids, and nutrients discharged from hardstand areas of this site to the receiving water course within Noosa National Park”.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by the supervising RPEQ certifying that all stormwater works and earthworks have been constructed in accordance with the Operational Works permit.
As Constructed Plans
Upon the completion of the operational works the lodgement of satisfactory “As Constructed” plans must be submitted to Council for records purposes. The “As Constructed” information must include:
Drawings and data certified by a qualified experienced Civil Engineer (RPEQ) for design intent, and certified by a Licensed Surveyor in regard to the cadastre and the location, level and type of all services and structures.
Landscape/planting plans.
5.	REFERRAL AGENCIES
Not Applicable for the Operational Works Application
6.	REFERENCED DOCUMENTS

The following documents are referenced in the assessment of the application:
Stormwater Management Plan - 71 Seaview Terrace, Sunshine Beach Markus Hasler by Aqua Intel Date 6 May 2016 Doc No.2014022-RPT-003.

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 Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Arranging Prestart Meeting
Contact Council on 5329 6244 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
Qualified Person - Landscaping
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
8.	PROPERTY NOTES
The following property notes or similar will be placed against the property in Council’s property record system:
This property is equipped with 2 bioretention basins that must be maintained by the property owner in accordance with the Bioretention Maintenance and Operation Manual for 71 Seaview Terrace, Sunshine Beach by AquaIntel, dated 6 May 2016 Doc No: 2014022TRPTT003.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
10.	FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
11.	SELF ASSESSABLE CODES
Not Applicable.
12.	SUBMISSIONS
Not Applicable.
13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
14.	RIGHTS OF APPEAL
You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.
15.	OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Approved Plans/Documents
Appeal Rights

cc	Unitywater

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

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

Division 8 	Appeals to court relating to development applications and approvals

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

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

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

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

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

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

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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OPW16/0021

[Attachment: image4.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL