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Decision Notice - Minor Change - Council Meeting Decision - 132001 210127 3 [As Published]
Officer: Tara Norley
Direct Telephone: 07 5329 6486
Our Reference: 132001.210127.3
Your Reference: 7190526
27 July 2023
OZCARE
C/- Ethos Urban
GPO Box 1268
BRISBANE QLD 4000
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 December 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: 132001.210127.3
Street address: 100 Cooyar Street, Noosa Heads
Real property description: Lot 9 RP 225312
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 28 June 2001.
• Development Permit for a Material Change of Use - Residential Care Facility (130 beds)
In relation to the request to make a minor change to the existing approval, Council on 20 July 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend the development description.
C. Amend conditions 15 and 26.
D. Delete conditions 1, 2, 23, 27 and 28.
E. Include additional conditions 45 to 77.
F. Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in respect of
construction of access track crossing, maintenance of vegetation buffer one and access track
(including crossing) for the Girraween Nature Refuge and the Residential Care Facility.
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 Development
1. Deleted.
2. Deleted.
3. Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining
properties to the reasonable satisfaction of the Manager of Land Development. Details of the
stormwater drainage scheme shall be submitted in conjunction with a Development Permit
for Operational Works.
4. 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 under the current policies is outlined below. These amounts
will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from
September 2005 until the date of payment.
Stage 3 – March 2001
Water Supply $38,712
Sewerage $19,561
TOTAL $58,273
Stage 4 – September 2005
Water Supply $63,237
Sewerage $32,577
TOTAL $95,814
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.
5. Deleted.
6. The new building extensions shall be connected to Council's existing water supply and
sewerage reticulation systems in accordance with Council’s standards and requirements and
at no cost to Council.
7. To protect the environment against siltation/sediment export or soil erosion as a result of the
proposed building extensions, an erosion and sediment control plan shall be submitted in
conjunction with any Development Permit for Building Works. Site control measures such
as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be
necessary. Prior to commencement of Building Works:-
7.1. all physical site control measures shall be installed and the plan adhered to, and
7.2. a $2,000 site control bond shall be lodged with Council to ensure compliance with this
condition.
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The $2,000 bond will be refunded less any costs incurred by Council in ensuring compliance
with this condition or any additional inspections incurred for substandard work or works
undertaken not in accordance with this permit.
Building
8. The plans submitted for a Development Permit for building works are to comply with the
approved plans
9. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
9.1. On a Sunday or public holiday, at any time; or
9.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
10. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and Section F Clause F2.4 of the Building Code of Australia.
11. An identification 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 foundation inspection or immediately thereafter.
Such survey shall set out the boundaries of the site and the position of the buildings on the
site.
12. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers. A wash down area is required with a cold-water tap,
hose and drain outlet connected to sewer. The drain outlet is to be designed to prevent
stormwater entry to the sewerage system.
13. Air conditioning units shall be located in a manner which prevents 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.
14. All food preparation is to be conducted within the existing approved commercial kitchen.
Land Use
15. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered SK-06, 07 issue B SK-8
& 9 Issue A dated 26/01/2000, SD1 (titled ‘Site Plan’), SD2, SD3, dated July 2005, SD4 dated
May 2005 and DA-1 dated September 2005, unless otherwise superseded by Condition 46
of this approval.
16. 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.
17. 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.
18. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
19. This Development Permit for a material change of use of premises lapses if the use has not
happened by 7 December 2009, unless an application to extend the currency is approved by
Council.
20. 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.
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Additional Conditions 7 December 2005
21. Bus parking shall be provided on site for a minimum of 2 buses.
22. Though no upgrading works/construction is required to the existing access off Cooyar Street,
the existing vegetation adjacent to the access shall be pruned to improve driver sight lines
to both vehicles and pedestrians travelling in Cooyar Street and along the footpath. The
Australian Standard for Off-Street Car Parking (AS2890.1) shall be used as a guide as with
Austroads Guide to Traffic Engineering Practice Part 5 Intersections at Grade.
Plans submitted for Operational Works approval shall clearly show the required sight lines
and the extent of vegetation pruning required to achieve compliance.
Given the importance of maintaining clear sight lines, the applicant shall also submit a
management plan that demonstrates how these sight lines will be maintained for the long
term.
23. Deleted.
24. All vehicles shall enter and leave the site in a forward direction.
Service Areas (Service Yard)
25. The proposed service yard (refuse collection area) is inadequately sized to accommodate
the necessary refuse storage and the area required for a refuse collection vehicle to
manoeuvre. As such, the applicant shall prepare detailed designs of the service yard
demonstrating the refuse storage area and that the Council refuse vehicle has adequate
room to collect the refuse and carry out a 3-point turn in order to enter and leave the area in
forward gear.
26. To enable efficient use of delivery spaces appropriate signage shall be installed to limit
delivery parking to a maximum time of 30 minutes.
27. Deleted.
Carparking
28. Deleted.
29. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 2 with allowance for vehicles to enter and leave the site in a forward gear.
30. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Vegetation Protection & Preservation
31. Vehicular pavements within the drip zone of any of the existing trees on site to be retained
shall be designed as a pervious pavement (such as grass paving cells or similar), as this will
allow water that falls on this surface to penetrate to the trees root system. The pavement
shall be constructed so as not to damage the tree or their root system and in this regard
temporary fencing shall be provided around the trees during construction to help protect
them.
Plans shall be submitted to the Council for approval that clearly show the type and extent of
the pervious pavement and the temporary fencing prior to obtaining a Development Permit
for Operational Works.
Park Contributions
32. A Park contribution of $5,289 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Operational Works in accordance with Council’s
Planning Scheme Policy PSP24 Park Requirements for Development Applications. This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
September 2005 until the date of payment.
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Pathway Contributions
33. A pathway contribution of $5,343 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Pathway Trunk Network 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 Consumer Price Index, All Groups Brisbane from September
2005 until the date of payment.
Stormwater Drainage
34. All stormwater drainage shall be collected on site and discharged so there is no net increase
in stormwater runoff from the site.
35. Roof runoff from any new buildings shall be directed to a rainwater storage system or tank
(minimum storage capacity equivalent to 20 litres/m2 of new roof area or greater) that is
plumbed to service the toilets in the new building and landscaping areas. The design of the
rainwater storage system shall be to the satisfaction of the Manager Plumbing Services.
36. To ensure that polluted run-off does not enter Council’s stormwater drainage system or
nearby creeks, stormwater run-off from the carparking areas and the driveways shall have
the first flush (the first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor
provided on site prior to being permitted to discharge from the site.
All other clean stormwater, such as roof water, can bypass the grease/oil arrestor.
To this end, a detailed maintenance plan shall be prepared for the proposed grease/oil
arrestors, which shall be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
The approved maintenance plan shall be incorporated in the Management Plan for the
development and a copy of this shall be provided for Council’s records prior to
commencement of the approved Use.
A Development Permit for Building Works shall not be granted until a Development Permit
for Operational Works has been issued in regard to the drainage scheme.
37. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
38. The existing sewer main that traverses the site and the ‘zone of influence’ (taken as the area
within a 45-degree angle measured from the invert of the sewer main to the finished surface
level) shall be accurately located and determined by a licensed Surveyor and shown on all
plans submitted for Operational Works approval.
To ensure Council’s sewer main is accessible for maintenance purposes and is protected
from risk of damage no structures requiring a building permit (eg. buildings, swimming pools,
retaining walls, raised terraces, etc) shall be constructed within this ‘zone of influence’ and
as such the applicant shall amend Operational Works plans including Building plans to
ensure compliance.
Town Water Supply
39. The new building and extensions 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.
Earthworks
40. Any filling works required on site shall be carried out in accordance with Section 3.8 of
Council’s Engineering Design Standards Manual and so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses.
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Erosion and Sediment Control
41. 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.
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
42. 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.
43. 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.
44. 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.
Additional Conditions – 20 July 2023 (132001.210127.3)
When Conditions must be Complied With
45. 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
46. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below and in conjunction with Condition 15 of this
approval.
Plan No. Rev. Plan/Document Name Date
1907NOO_ J Proposed Site Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_002.0
1907NOO_ F Proposed Overall Ground Floor Plan, prepared by 19/06/2023
Enrich Architecture
PD_A_003.1
1907NOO_ F Proposed Ground Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_011
1907NOO_ F Proposed First Floor Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_012
1907NOO_ A Proposed Acacia Wing Refurb., prepared by 19/06/2023
Enrich Architecture
PD_A_014
1907NOO_ F Site Sections and Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_250
1907NOO_ E Banksia Wing Elevations, prepared by Enrich 19/06/2023
Architecture
PD_A_310
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1907NOO_ E Administration & Communal Area Elevations, 19/06/2023
prepared by Enrich Architecture
PD_A_311
1907NOO_ G Tree Removal Plan, prepared by Enrich 19/06/2023
Architecture
PD_A_001.2
01737 LC_01 B Landscape Site Plan, prepared by View March 2023
Landscape Architecture
01737 LC_02 B Landscape Concept Plan, prepared by View March 2023
Landscape Architecture
01737 LC_03 B Landscape Detailed Concept Plan, prepared by March 2023
View Landscape Architecture
01737 LC_04 B Suggested Planting Character, prepared by View March 2023
Landscape Architecture
Building Height
47. The maximum height of the development must not exceed 9 metres above the ground level
for the roof of the Banksia building only, in accordance with the approved plans. All other
buildings in the development must not exceed 8 metres in height above the ground level
48. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Nature and Extent of Approved Use
49. The total number of persons residing on the premises at any one time must not exceed 130.
Performance Bond
50. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, 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. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Water & Sewer Connections
51. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
52. 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 premises.
ENGINEERING
Site Specific Conditions
53. The use of the existing fire trail located on Council land (Lot 1 SP239726) for purposes other
than maintenance and for emergency services (eg temporary access for construction
purposes) must be administered through an Access Permit by Council’s Parks and Gardens
department.
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54. The emergency vehicle access located on Council land (Lot 1 SP239726) must be
constructed and maintained in accordance with the ‘Infrastructure Deed in Respect of
Construction of Access Track Crossing, Maintenance of Vegetation Buffer Zone And Access
Track (Including Crossing) For The Girraween Nature Refuge And The Aged Care Facility’
and a subsequent Operational Works permit.
55. The existing vegetation adjacent to the access must be pruned to improve driver sight lines
to both vehicles and pedestrians travelling in Cooyar Street and along the footpath. The
Australian Standard for Off-Street Car Parking (AS2890.1) must be used as a guide as with
Austroads Guide to Traffic Engineering Practice Part 5 Intersections at Grade and any
associated addendum.
56. All works associated with this permit must ensure that the fire trail is kept functional and
operational during all stages of work and for all intended uses (drainage outlet and access
for emergency services).
Car Parking
57. A minimum of 44 car parking spaces must be provided and marked on the site and made
available and accessible at all times while the use is open for business. The works must be
generally in accordance with Proposed Overall Ground Floor Plan (PD_A_003.1 E) dated 23
March 2023.
Stormwater Drainage
58. Stormwater runoff from the development must be connected to a lawful point of discharge
without causing scour or damage to the subject site or any adjoining properties. The works
must be undertaken in accordance with an Operational Works approval and be generally in
accordance with STP Consultants’ Stormwater Layout Plan (SKC01) dated 21 March 2023
and (SCK02) dated 20 March 2023. The works must include, but not be limited to:
a. All Causeways (both temporary and permanent) must be constructed to comply with
all relevant sections of Queensland Urban Drainage Manual (QUDM);
b. All Causeways (both temporary and permanent) must be constructed to comply with
Section 10.3.5 of Sunshine Coast Council’s Open Space Landscape Infrastructure
Manual 2022 (Type 5 Fire Access Trail); and
c. Works must not adversely affect the existing water quality treatment capabilities of the
development as to result in pollutants exiting the site.
Easements
59. 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.
60. 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.
61. 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
62. All fill 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. The works must be generally in accordance
with STP Consultant’s Earthworks/Track Layout Plan (STP22-0347 SKC03) dated 23 March
2023.
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63. 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
64. 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.
LANDSCAPING
Landscaping Works
65. 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 must
include in particular:
a. the works shown on the approved Landscape Concept plans shown in the Approved
Plans
b. Vegetation clearing within the site is to be offset through the rehabilitation of the area
of vegetation adjacent to Cooyar Street. The area is to incorporate revegetation works
that offset all native vegetation removal that is proposed on the site.
c. control of all weeds 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.
66. 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.
67. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Retention of Existing Trees
68. The existing Allocasurina littoralis within the Bushfire buffer associated with Lot 1 SP239726
must be retained in accordance with an Arborist Report (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval
*(Refer to Advisory Note)
69. The existing Allocasurina littoralis in the south-eastern portion of the subject site must be
retained, except where required to be removed to accommodate the approved building, in
accordance with the recommendations of an Arborist Report (or part thereof) prepared by a
qualified person* and endorsed through an Operational Works approval.
*(Refer to Advisory Note)
70. Prior to the prestart meeting, a bank guarantee or a bond of $10,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this approval
listed within this Decision Notice. The bond:
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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.
*(Refer to Advisory Note)
Fauna Management
71. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
72. Permanent artificial nesting boxes must be installed within the development site to provide
compensatory habitat for arboreal mammals and hollow dependent avian species. The
works must be undertaken in accordance with an Operational Works approval.
Bushfire Management
73. The development must be carried out in accordance with the Bushfire Hazard Assessment
and Management Plan v2 listed within this Decision Notice*.
*(Refer to Advisory Note)
74. The development must be carried out in accordance with the Building Bushfire Safety and
Spread Prevention Strategy listed within this Decision Notice*.
*(Refer to Advisory Note)
75. A 2.5 metre high non-flammable permanent fence must be constructed adjacent to the
southern extension of the existing building footprint in accordance with the recommendations
of the Bushfire hazard Assessment and Management Plan v2 listed in this Decision Notice.
76. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer to Advisory Note)
77. A copy of the bushfire evacuation plan for the development must be provided to the nearest
fire authority.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
J000542 2 Bushfire Hazard Assessment & Management 21/03/2023
Plan, prepared by North Coast Environmental
Services
J000542 1 Bushfire Evacuation Plan, prepared by North 08/12/2022
Coast Environmental Services (Appendix 2 of the
Bushfire Hazard Assessment & Management
Plan, prepared by North Coast Environmental
Services)
WBFE965- OP1 Building Bushfire Safety and Spread Prevention 22/03/2023
001-2023 Strategy, prepared by Walkerbai Fire Engineering
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6. REFERRAL AGENCIES
Not applicable
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. 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
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.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
8. PROPERTY NOTES
132001.210127.3 – Infrastructure Agreement
1. An Infrastructure Agreement has been signed in association with Council Approval
132001.210127.3. The Agreement relates to the works required to be carried out on Council
land for the purposes of stormwater works, access and bushfire mitigation measures.
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 Building Works All building work.
Operational Works Access, Stormwater, Earthworks, Landscaping
11. SUBMISSIONS
Not applicable
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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.
13. 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
Manager - Development and Regulation
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
Infrastructure Agreement
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 28 June 2001.
• Negotiated Decision Notice – 9 August 2001, with an amendment to condition 2.
• Decision Notice – Compiled Decision – 7 December 2005, with an amendment to conditions 4, 15 & 19 and additional 24 conditions
and 3 advices and delete condition 5.
• Decision Notice - Minor – 132001.210127.3 – 20 July 2023, with an amendment to development description and conditions 15 &
26 and additional conditions 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,
71, 72, 73, 74, 75, 76 & 77.and delete conditions 1, 2, 23, 27 and 28.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 22515524
Version: 7, Version Date: 27/07/2023