Court Judgement 01032021 Cases - Appeal 20-034 · 132010.105.01

      (b)   The Respondent’s written submissions provided by email dated 2 December 2020, in
            response to the Directions (Respondent’s Jurisdiction Submissions), including the
            following attachments:

            (i)      The Change Approval;

            (ii)     Doonella Noosa Plan of Development dated 29 July 2003 )(POD);

            (iii)    Doonella Estate Residential Design Guidelines dated 29 August 2006; and

            (iv)     Fire Management Plan for Lake Doonella, Tewantin dated 21 April 2011 (FMP).

      46.   The Appellant’s written submissions provided by email dated 9 December 2020, in
            response to the Directions (Appellant’s Jurisdiction Submissions).

      47.   The Respondent’s written submissions provided by email dated 18 December 2020,
            in response to the Further Directions (Respondent’s Further Jurisdiction
            Submissions).

      48.   The Appellant’s further written submissions provided by email dated 22 December
            2020, in response to the Respondent’s further submissions in paragraph (d)
            (Appellant’s Further Jurisdiction Submissions).

      49.   The Respondent’s response to the Final Directions provided by email dated 24 March
            2021 (Respondent’s Final Submissions).

      50.   An email dated 8 April 2021, from Mr Grehan on behalf of the Appellant to the
            Tribunal’s Registrar (Appellant’s Final Submissions).

      51.   Noosa Plan 2020 (Noosa Plan).

      52.   Planning Act 2016 (PA).

      53.   Planning Regulation 2017 (PR).

      54.   Building Act 1975 (BA).

      55.   Building Code of Australia.

      56.   Queensland Development Code (QDC).

Findings of Fact

The Tribunal makes the following findings of fact:

Jurisdiction issue

57.   The Respondent’s Jurisdiction Submissions provided a detailed planning background for
      the development of the subject site and indeed the broader Doonella Noosa Estate.

58.   The Tribunal accepts the Respondent’s Jurisdiction Submissions with respect to the
      planning background for the development of the subject site.

59.   In particular, the Respondent identified the following:

      (a)   that a development approval for a material change of use to create the Doonella Noosa
            Estate (being Application No. 132003.22113.8 (23616 DA)) (Earlier Approval)
            continued in effect for the development of the subject site;

      (b)   the Earlier Approval established the POD that remained binding upon development
            within the Doonella Noosa Estate;



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