Minor Change Existing Approval 132008.1128.02

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	132008.1128.02  : PMURPHY
Your Reference:	132938-1
28 March 2019
Blue Care
C/- RPS Australia East Pty Ltd
PO Box 1559
FORTITUDE VALLEY  QLD  4006
[email protected]
Dear Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 December 2018, requesting a minor change to an existing development approval. Council on 21 March 2019, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132008.1128.02
Street address:	Grasstree Court & Lexcen Drive, Sunrise Beach Qld 4567
Real property description:	Lot 9 SP 252905
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council on 19 December 2011 decided to issue the following type of approval:
Development Permit for a Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health
Development Permit for Reconfiguring a Lot (1 into 2 lots).
In relation to the request to make a change to the existing approval, Council on 8 November 2017 decided to:
A.	Amend the Approved Plans.
B.	Amend Conditions 7, 8, 33, 35 and 40.
C.	Add additional Condition 80
D.	Add additional Advisory Note 13
In relation to the request to make a minor change to the existing approval, Council on 21 March 2019, decided to approve the requested changes. The changes are detailed below.
A.	Amend the description of the approved use to Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs and Commercial Business – Type 2 Medical and Reconfiguring a Lot (1 into 2).
B.	Approve the change and amend conditions 1, 5, 7, 12, 14, 18, 27, 30.1, 33, 35, 39, 40.1, 41, 64, 65 and 72.
C.	Delete conditions 44, 45 and 80.
D.	Include an additional condition 81
currency period of approval
The currency period for this development approval is in accordance with that stated in Condition 8 of this Decision Notice.
assessment manager conditions
DEVELOPMENT PERMIT CONDITIONS FOR A MATERIAL CHANGE OF USE (MULTIPLE HOUSING – TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL BUSINESS – TYPE 2 MEDICAL; AND WELLBEING – TYPE 1 HEALTH)
PLANNING
General
The development must be undertaken in accordance with this approval and 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 Name	Date
7448-06		Lots 1 & 9 Cancelling Lot 1 on SP177650 Prepared by Conics (Sunshine Coast) Pty Ltd	15 May 2008
DA_106		Masterplan prepared by Smith and Tracey Architects	November 2018
DA_107		Staging Plan prepared by Smith + Tracey Architects	November 2018
DA_108		Precincts Plan prepared by Smith + Tracey Architects	November 2018
DA_109		Pedestrian Circulation prepared by Smith + Tracey Architects	November 2018
DA_110		Vehicular Circulation prepared by Smith + Tracey Architects	November 2018
DA_111		Building Setbacks prepared by Smith + Tracey Architects	November 2018
DA_112		Landscaping Calculation prepared by Smith + Tracey Architects	November 2018
DA_113		Site Cover Calculations prepared by Smith + Tracey Architects	November 2018
DA_115		Typical Site Section A prepared by Smith + Tracey Architects	November 2018
DA_116		External Finishes Schedule prepared by Smith + Tracey Architects	November 2018
DA_117		Area Schedules prepared by Smith + Tracey Architects	November 2018
DA_118		Residential Aged Care – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_119		Residential Aged Care – First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_120		Residential Aged Care – Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_121		Residential Aged Care – N and W Elevations prepared by Smith + Tracy Architects	November 2018
DA_122		Residential Aged Care – S and E Elevations prepared by Smith + Tracy Architects	November 2018
DA_123		Residential Aged Care – Typical Sections prepared by Smith + Tracey Architects	November 2018
DA_124		Residential Aged Care – Village Site Plan prepared by Smith + Tracy Architects	November 2018
DA_125		Central Facilities & ILAs – Basement Car Park prepared by Smith + Tracey Architects	November 2018
DA_126		Central Facilities & ILAs – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_127		Central Facilities & ILAs – Level 1 First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_128		Independent Living Apartment Type a1-2b (& handed) prepared by Smith + Tracey Architects	November 2018
DA_130		Central Facilities & ILAS – S & W elevations	November 2018
DA_131		Central Facilities & ILAs – E Elevation and Typical Section prepared by Smith + Tracey Architects	November 2018
DA_132		Central Facilities & ILAs – N Elevation & Typical Section prepared by Smith + Tracey Architects	November 2018
DA_133		Apartment Buildings – Basement Plan prepared by Smith + Tracey Architects	November 2018
DA_134		Apartment Buildings – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_135		Apartment Buildings – First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_136		Apartment Type a2-2b & type a3-3b prepared by Smith + Tracey Architects	November 2018
DA_137		Apartment Buildings – E & W Elevations prepared by Smith + Tracey Architects	November 2018
DA_138		Apartment Buildings – Typical N Elevation & Section prepared by Smith + Tracey Architects	November 2018
DA_139		Apartment Building 4 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_1340		Apartment Building 4 / Sections prepared by Smith + Tracey Architects	November 2018
DA_141		Apartment Building 3 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_142		Apartment Building 3 / Sections prepared by Smith + Tracey Architects	November 2018
DA_143		Apartment Building 2 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_144		Apartment Building 2 / Sections prepared by Smith + Tracey Architects	November 2018
DA_145		Apartment Building 1 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_146		Apartment Building 1 / Sections prepared by Smith + Tracey Architects	November 2018
DA_147		Apartment Buildings – Photo Montage from National Park prepared by Smith + Tracey Architects	November 2018
DA_148		ILU Type C (2B-1G) prepared by Smith + Tracey Architects	November 2018
DA_149		ILU Type C (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_150		ILU Type D (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_151		ILU Type H1 (2B-1G) + K1 (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_152		ILU Type H2 (2B-1G) + H2 (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_153		Independent Living Units – Roof Plans prepared by Smith + Tracey Architects	November 2018
DA_154		Independent Living Units – Elevation Sheet 1 prepared by Smith + Tracey Architects	November 2018
DA_155		Independent Living Units – Elevation Sheet 2 prepared by Smith + Tracey Architects	November 2018
DA_156		Independent Living Units – Typical Sections prepared by Smith + Tracey Architects	November 2018
DA_114		Masterplan / Carparking Layout prepared by Smith + Tracey Architects	November 2018
The applicable requirements of this development approval are to be effected, prior to the use of any stage of the development.  Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The requirements for Reconfiguring a Lot included in this development permit must be completed prior to the commencement of any use and may not be abandoned.
Nature and Extent of Approved Use
The approved development comprises the following:
Multiple Housing – Type 3 Retirement & Special Needs (122 independent living units and apartments and 96 aged care beds)
Commercial Business – Type 2 Medical (as indicated on approved plans)
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must be submitted, to secure performance of all conditions of this approval, prior to the pre-start meeting for Stage 1 of the development. 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.
Staging
The development may be staged in accordance with the plan titled ‘Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106
Relevant Period
The Development Permit for a material change of use of premises lapses if the use has not commenced within 4 years of the date of this approval (19 December 2021) and the development, including all works, completed within 8 years of the date of this approval (19 December 2025).
Fencing to road frontages
All fencing to road frontages of the site shall be setback a minimum of 1 metre and stepped in alignment at maximum 5 metre intervals.  Fencing may be on the boundary only where it is less than 1.2 metres high or of open construction.
Built Form
All buildings, including roofs, shall be finished in muted natural tones that blend with the natural surrounds.  In particular, the apartment buildings visible from the west must be visually unobtrusive.
Careful consideration must be given to the views of the development from the west and a darker colour palette to that indicated in the development application is required.  A reduction in roof pitch to the apartment buildings should also be considered to reduce visual bulk.
Detailed architectural renderings showing finishes and colours of the apartment buildings must be submitted to Council for approval prior to the issue of an operational works approval.
Transformers, waste storage areas and the like shall be screened to reduce their visual impact to the street.
LANDSCAPE & ECOLOGY
Flora
In conjunction with an application for operational works on the site for the first stage, the applicant must submit an operational works application for Vegetation Management for the development site. The Vegetation Management operational works application must detail:
Identification of all active Glossy Black Cockatoo food trees within the development footprint or in areas likely to be impacted upon by the operation or construction of the development.
A Vegetation Clearing Offset program to be undertaken to re-establish the habitat to be cleared from the site to a nearby location with similar soil properties. A receiving site is to be identified and maintained for a specified period (minimum 5 years) after the establishment of the receiving site.
The Vegetation Clearing Offset program must include the details of the transfer methods to be engaged including:
12.3.1	The transfer of soil/seed bank media off the site to the designated receiving site(s);
12.3.2	Methods of transfer including, inter alia, mastication of native vegetative matter, tile transfer of live soil/plant matrix, peat locations and extents, sexual and vegetative methods of revegetation of offset receiving site and other deemed pertinent matters by a person with industry experience in the successful establishment and/or re-establishment of heathland vegetation;
12.3.3	Transfer of rare and threatened plant species (sexual and/or vegetative);
12.3.4	Details of pre-treatment works prior to transfer of soil/seed bank media off the site and methods of transplanting;
12.3.5	Details of seed collections times and estimated establishment procedures and times;
12.3.6	Details of the receiving site, including tenure, contractual details, establishment, monitoring and maintenance details and suitability of the site for the purpose;
12.3.7	All information must be prepared by a person with industry experience in the successful establishment and/or re-establishment of heathland vegetation. Industry and educational institution involvement is recommended.
The establishment of the vegetation offsets must be completed prior to the commencement of the use of the first stage.
The Vegetation Management operational works application must detail the protection of vegetation off site from the impacts of clearing.  That is, the demarcation of the vegetation to be retained by the use of temporary fencing or alike.
The Vegetation Management operational works application must detail the location and extent of vegetation disturbance on Lot 9 SP252905 and Lot 6 RP901384 must be accurately marked on-site, including any setback requirements for bushfire mitigation purposes, for Council officers to inspect prior to commencement of any vegetation clearing.
Fauna
Vegetation must only be removed or disturbed in accordance an approved Fauna Management Plan for the development must be prepared by a qualified person and submitted to Council prior to the issue of any Development Permit for Operational Works.
The fauna management plan is to detail the methods to ensure the fauna values of the site are managed in a way that the removal of vegetation from the site does not cause immediate harm to fauna. The application must ensure spotter/catchers are engaged and reports are supplied to the relevant statutory authorities. The fauna management plan is to prohibit on-site dogs or cats during the construction process and prohibit cats or dogs during the operational use of the site.
All identified Glossy Black Food trees are to be propagated at a ratio of 8:1 from the parent tree and replanted in landscaping areas on the development site and maintained for a specified period of time (minimum 3 years).
All protected vegetation removal must be undertaken in accordance with the relevant provisions of applicable legislation. Any operational works application must detail the clearing procedures and address any relevant Koala clearing guidelines or regulations.
Any lighting to the development is not to impact on the ecological values of the adjacent National Park and the southern portion of Lot 9 SP 252905, i.e. lighting must not be directed toward, and light spill must be minimised to, the adjacent National Park or remnant vegetation to the south.  Details of the design response to this requirement must be submitted with the application for operational works.
With the exception of fencing to the boundaries with adjoining residential allotments or the Sunrise Beach shops, any new fencing to delineate boundary alignments must be constructed to allow for the movement of fauna. Such fencing must:
Allow adequate clearance at ground level for local macropods
Not include any use of barbed wire or similar materials
Provide regular opportunities for passage over and through for local native fauna
Any new fencing to common boundaries with adjoining residential allotments or the Sunrise Beach shops shall be of timber construction or incorporate timber koala poles of at least 200mm diameter at maximum centres of 10 metres.
Bushfire
An amended Bushfire Management Plan (BMP) must be submitted that demonstrates all bushfire mitigation measures contained in the BMP have been assessed by a competent person from the Queensland Fire and Rescue Service (QFRS) and a copy of their assessment is to be provided to Council for further consideration. The amended BMP is to incorporate any recommended QFRS changes and is to consider the impacts of smoke and fire safety with relation to the health and safety of residents within an aged care facility.
An updated Bushfire Management Plan must be submitted and include all detailed relevant information for the operational use of the proposed development. This information is to include, inter alia, building setbacks to hazardous vegetation, bushfire attack level of construction, emergency evacuations procedures and accommodate the inclusion of local native species in the landscaping of the development. Reliance on land managers outside of the development area for reducing bushfire risk must not be a bushfire response strategy. That is, the development site must be able to appropriately respond to external risks from fire independently, considering the fire-prone natural environment in which it is proposed.
A bushfire evacuation plan for the site must be prepared by a qualified person, endorsed by QFRS and submitted to Council prior to the issue of any Development Permit for Operational Works.
A copy of the bushfire evacuation plan for the development must be provided to the nearest fire authority.
The development must be carried out in accordance with an approved Bushfire Management Plan for the development.
Landscaping
A Landscape Plan shall be prepared by a suitably qualified Landscape Architect or Horticulturalist and shall be in accordance with Council’s Landscaping Code of The Noosa Plan and Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The Landscaping Plan shall be submitted and approved as part of an application for Operational Works. The Landscaping Plan shall address landscaping treatments for the development including internal streetscapes, buffer areas and open space areas, adjoining road network and properties, including:-
Incorporation of koala sensitive design and koala food trees.
Incorporation of Glossy Black Cockatoo food trees.
Screening vegetation to buildings, including western elevations and any subfloor areas.
Landscaping treatments to internal road network and between buildings.
Landscaping treatments to open space areas, including any rehabilitation and planting enhancement requirements drainage basins;
Landscape buffers and fencing to adjoining properties.
The location of pedestrian pathways and seating within the site and on the road reserve adjoining the site.
All plant species are to be local native species suitable for the site (excluding turf species).
Such landscaping is to be completed in accordance with the approved landscaping plan prior to acceptance of the development on maintenance.
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.
Landscaping to the internal portions of the development site in accordance with Division 17 Landscaping Code of the Noosa Plan and Planning Scheme Policy 3 Landscaping Plants and Guidelines, ensure koala sensitive design including koala food trees, and Glossy Black Food trees. Due to the location of the proposed site adjacent to National Park, all plant species are to be local native coastal species, excluding turf species.
Landscaping outcomes are to ensure comprehensive local native planting occurs on the development site and the BMP is to be amended to acknowledge this outcome.
CIVIL ENGINEERING
Roadworks
Prior to the commencement of use of Stage 1 of the development, the applicant must construct an eastern extension of Grasstree Court, incorporating kerb and channel on both sides, to provide a direct connection to Ben Lexcen Drive. The intersection must be a full intersection generally in accordance with the plan titled Conceptual Intersection Details Ben Lexcen Drive and Grasstree Court Option 2 (Project No, 18-001942 Drawing Number 3000-SK-005) prepared by Calibre and dated 15.01.19. The centre of the intersection of the Grasstree Court extension with Ben Lexcen Drive must be located in line with the common property boundary between 38 Ben Lexcen Drive and 40 Ben Lexcen Drive. The Ben Lexcen Drive service road carriageway must be realigned as necessary to intersect at a right angle with the Grasstree Court extension. The roadworks and intersection must be of sufficient size to cater for large vehicles, including Council’s articulated library vehicle, to access Grasstree Court, the frontage of the local shops and the Lipton Street roundabout.
All associated and ancillary work including pavement correction to the existing pavement, drainage works, modification of the footpath, and adjustments to the existing infrastructure shall be undertaken to complete the roadworks.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Prior to the commencement of use of Stage 1 of the development, the applicant must relocate the existing bus stop on the western side of Ben Lexcen Drive near Grasstree Court to a location opposite 44 Ben Lexcen Drive. The existing carriageway must be widened at the location of the bus stop as necessary to provide an indented bus bay at least 3 metres wide, measured between the kerb and existing marked edge line.
The design of the bus bay must be in accordance with Austroads' Guide to Road Design. A bus shelter, in accordance with Translink requirements, must be installed at the bus stop. A concrete footpath, at least 2 metres wide, must be constructed on the western side of Ben Lexcen Drive from the Grasstree Court extension to the re-located bus stop.
All associated and ancillary work including drainage works, modification of the footpath, and adjustments to the existing infrastructure shall be undertaken to complete the works.
Frontage Works
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grasstree Court and Ben Lexcen Drive frontages of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
Prior to the commencement of use of Stage 1 of the development, the applicant must:
Remove the existing roadway and footpath connection between Ben Lexcen Drive and the adjacent service road through the north-east corner of Lot 9 SP 252905 and across the Ben Lexcen Drive verge. Kerb must be re-instated on the western side of Ben Lexcen Drive where the roadway connection currently joins and a concrete footpath, at least 2 metres wide, must be constructed along the western verge of Ben Lexcen Drive from this point up to the intersection with the Grasstree Court extension,
Construct a concrete footpath, at least 2 metres wide, along the full length of the southern side of Grasstree Court up to the footpath to be constructed on the western side of Ben Lexcen Drive, and
Construct a concrete footpath, at least 2 metres wide, along the full length of the northern side of Grasstree Court up to the existing footpath at the eastern end of Grasstree Court.
Pram ramps shall be installed at the intersection of Grasstree Court and Ben Lexcen Drive and wherever needed to direct pedestrians across the road.
All paths, pram ramps, driveways and parking areas shall be designed and constructed to ensure pedestrian safety using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
Pedestrian crossings shall be provided in Grasstree Court generally as shown on ‘Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106. The crossing shall include linemarking and suitable signage in accordance with the MUTCD.
All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit.
Vehicle Access
Vehicular access driveways to service the development shall be constructed from the Grasstree Court frontages of the site. The driveways shall be generally in accordance with Council’s standard drawing SEQ R-051 and Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106.
The driveways shall be designed and constructed to Council’s design standards and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with AS/NZS 2890.1-2004 and AS 2890.2-1989, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveways and any associated fencing or vegetation near the driveways shall comply with the minimum sight line requirements as defined in AS 2890.1, section 3.2.4.  The applicant shall demonstrate compliance by illustrating these sight lines on the plans submitted for both Operational Works approval and Building Works approval.
All vehicles shall enter and leave the sites in a forward direction.
The vehicle access driveway to proposed carparking level in the apartment buildings must be constructed prior to the commencement of the use of the apartment buildings.
All internal roads shall be designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks. The roads shall be:
Generally in accordance with drawing number ‘Masterplan’ prepared by Smith and Tracy dated November 2018, Plan Ref: DA_106,
A minimum width of 5.5 metres, and
Suitable for Council’s refuse collection vehicle to traverse through the site
Car Parking
Carparking shall be provided within the sites generally as shown on drawings numbered DA_114 “Masterplan/Carpark Layout” prepared by Smith and Tracey Architects dated November 2018 and DA_133 “Apartment Buildings – Basement” prepared by Smith and Tracey Architects dated November 2018 and within the “Independent Living Units” as shown the approved floor plans, except as modified herein.
On road visitor spaces within the site shall be indented or staggered such that vehicle movements and passing opportunities are not adversely affected.
Turning/manoeuvring areas shall be provided within each of the basement parking areas of the “Apartment Buildings”.
Deleted.
Deleted.
The carparking areas shall be designed to comply with the provisions of AS/NZS 2890.1-2004 (user Class 1A for Residential, Class 1 for Staff and Class 3 for Visitors), AS/NZS 2890.6:2009 (Disabled spaces) and AS 2890.2 (Commercial) with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
The required turning/manoeuvring areas shall be line-marked with chevrons and have the words “No Parking” painted on the pavement.  A sign shall also be provided to indicate that the area is a “Turning Area Only” and that “No Parking is Permitted”.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces shall be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
Roof Water & Stormwater Drainage
Roof runoff from any new dwelling/building shall be directed to a rainwater storage system or tank that is installed to ensure water from the rainwater storage system or tank is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC) current at the time of building approval, and shall be part of the plumbing application for approval.  The location and capacity of the tanks shall be clearly shown on the plans submitted for Building Works / Operational Works approval and any overflow shall be directed to the approved stormwater drainage system.
Earthworks
Earthworks required on site shall be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or structures and/or lands that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.  In this regard any fences to be replaced shall be clearly shown on the plans submitted for Operational Works approval.
Site Stability
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed designs including drawings, calculations, specifications and a schedule of works, shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
A construction management plan/strategy to ensure no damage occurs to Council services shall be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
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.
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.
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.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
HYDRAULICS & WATER QUALITY
Stormwater Drainage
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 designed in accordance with the requirements if the Queensland Urban Drainage Manual, and must include in particular the provision of a relief overland flowpath from the proposed sag point in the internal street drainage system. The development layout is to be amended as necessary to achieve compliance with this condition.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development which achieves compliance with the Management Objectives specified in Section 4 of the Girraween Stormwater Management Plan prepared by Ecological Engineering and dated 22/12/2006. The Stormwater Management Plan (SWMP) submitted with the application is specifically not approved and a revised site SWMP consistent with the above is required to be provided with the application for Operational Works. The revised site SWMP is to specifically address the following:
Stormwater detention storage for downstream flood mitigation is not required for this site and is to be deleted from the design. The stormwater devices are to be raised in order to eliminate or reduce retaining structures and instead provide batters to the biofiltration surface
Revised MUSIC modelling is to be provided demonstrating how the Girraween Stormwater Management Plan pollutant load reduction targets and frequency of discharge targets for surface flows to the national park will be achieved
Groundwater and in-situ infiltration testing is to be undertaken at the RL of the proposed infiltration surface/interface for each proposed device and is to be used to inform the design
Level spreaders must be provided at the interface between all discharge locations and the adjoining National Park. The plans must be supported by calculations demonstrating all proposed level spreaders are appropriately sized to dissipate flows at non-erosive velocities for peak runoff events up to and including the 1 in 100 year ARI event of critical duration. Level spreaders are to be provided parallel to the downstream natural surface contours.
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:
Stormwater quality treatment devices of a size and location generally in accordance with those documented in the revised site SWMP required by the above condition; and
Bioretention devices which:
Are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001
Incorporate a coarse sediment forebay (in addition to the required filter media surface area), which is sized in accordance with the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland and designed generally in accordance with IPWEQA Standard Drawing No. WSUD-005
Have safe, unobstructed and all weather access from the road frontage for maintenance purposes, particularly for the coarse sediment forebay
Are provided with a high flow bypass to ensure that flows which exceed the treatment capacity of the device are bypassed in order to avoid damaging of the filter media or subjecting the filter media to excessive sediment loads.
Are provided with a free-draining outlet from the sub-soil drainage system.
All stormwater quality treatment devices must be maintained in accordance with a Maintenance Manual prepared for the development by a qualified person and submitted to Council prior to the issue of any Development Permit for Operational Works.  The Maintenance Manual must include:
A plan showing the location of the individual components of the system
For proprietary products the manufacturer’s data and product information sheets
For bioretention basins reference to the Water By Design Maintaining Vegetated Stormwater Assets and Rectifying vegetated stormwater assets
Location of inspection and monitoring points shown clearly on the plan
A schedule or timetable for the proposed regular inspection, maintenance and monitoring of the devices.
For proprietary products a maintenance contract of a minimum 10 years to demonstrate that the proprietary product shall be maintained as per the manufacturers specifications
Details of the location and method for maintenance of any proprietary products to demonstrate that collected pollutants and nutrients shall be disposed of in accordance with relevant legislation.
Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Permanent educational signage must be erected to educate the residents of the development about the function of the bioretention devices.  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.
ENVIRONMENTAL HEALTH
Waste Management
The development must be provided with waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area(s) correctly sized for the required number of refuse, recycling and commercial waste containers and suitably screened from public places and neighbouring properties. A bin wash area(s) is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council’s Environment & Landscape Assessment Unit.
The layout, design and construction of the development shall be such that the largest design refuse collection vehicle (RCV) required to service the site, is afforded easy, safe and unobstructed access and manoeuvring whilst collection occurs. In particular, the route taken by the RCV must allow for entry and exiting of the site in a forward direction. Internal trafficable roads shall be designed to accommodate the swept path of the largest design RCV.
On refuse collection day, the site management entity shall be responsible for the placement of refuse bins at a location which affords easy, safe and unobstructed access for the cleansing contractor.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9  “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, shall be developed and implemented on site, the contents of which shall be endorsed by Council’s Environment & Landscape Assessment Unit prior to or at the time an application is made for operational works. The Waste Management Plan must include the following as a minimum: -
The types and estimated volumes of waste that will be generated from the activities approved within the development.
Methods to be used for dealing with garden waste.
Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
Description of procedures and clearly identified site responsibilities for all site occupants for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
A description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash.
A description of types and volume of waste storage containers to be used, and the collection frequency of containers,
The waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, styrofoam boxes, etc, and bin washing facilities connected to sewer.
UNITYWATER
Water & Sewage
A single Unitywater installed primary water meter must be provided immediately inside the property boundary of each Lot (excluding balance Lot 1).  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
The fire-fighting demand on Unitywater’s water supply system from the development must comply with Unitywater requirements and industry standards.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers)
A minimum clearance of 1.5 metres must be maintained between Unitywater sewers and proposed building envelopes, buildings (including roof overhang) and other structures.
The proposed bio-retention basins must be located a minimum of 1.5 metres from Unitywater sewerage infrastructure and clear of any sewer easement.
The level of the existing sewer access chambers within the development site must be adjusted to suit the proposed finished surface levels. Work must be undertaken by Unitywater at the applicants cost.
Stormwater retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable Unitywater approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Deleted.
Any proprietary stormwater quality improvement device included to achieve the required stormwater quality Management Objectives specified in Section 4 of the Girraween Stormwater Management Plan, must demonstrate only be granted an Operational Works Approval on the following provisions:
A suitably qualified and experienced professional must provide independent verification that the parameters within the node for the device in MUSIC modelling have been tested and verified as per Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018 to achieve the predicted outcomes in the MUSIC model for the development. For the purpose of this condition, the suitably qualified and experienced professional must be able to demonstrate a minimum 10 years urban stormwater testing and modelling experience and be verified in writing by Stormwater Australia as having an appropriate reputation and track record within the stormwater industry to provide such independent advice.
Where testing to achieve the certification of the proprietary stormwater quality improvement device is from an area with rainfall intensities and patterns that are statistically inconsistent with the region of the Noosa Shire that the device is to be installed, and / or the size of the development the device has been tested on is more than 2500m2 smaller than the development the device is proposed to service, the following additional conditions apply:
The proprietary stormwater device treatment train must be tested and re-verified in accordance with the Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. A suitably qualified and experienced professional, as verified by Stormwater Australia must use the results from the onsite testing to re-run the MUSIC node for the proprietary devices and confirm whether or not the required pollutant reduction efficiencies of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen for the overall development are delivered.
Where the field results and re-run MUSIC node demonstrate the required pollution reduction efficiencies for the development are not met, the applicant must implement additional measures to achieve the required pollution reduction targets. The additional measures must include, in order of priority, elevated maintenance, and then increased treatment capacity of the stormwater quality improvement devices. Following application of additional measures, the system must be retested in accordance with Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. Where pollution reduction targets continue to not be demonstrated the proprietary device must be removed and replaced with a bio-retention device constructed in accordance with an Operational Works approval or the applicant must enter into an agreement with Council to provide improved water quality outcomes within the catchment area.
A separate water quality performance bond must be provided prior to any pre-start meeting for the development. The water quality performance bond must be 150% of the cost of water quality monitoring required to comply with Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. The performance bond will be incrementally returned annually for the value of monitoring works completed that year. The full value of the bond shall be returned upon demonstration that the development delivers the required pollution reduction targets.
DEVELOPMENT PERMIT CONDITIONS FOR RECONFIGURING A LOT (1 LOT INTO 2)
General
Development undertaken in accordance with this approval must generally comply with the approved plans of development.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Relevant Period
The relevant period is four (4) years from the day this permit takes effect and ends on 14 December 2015, during which time all conditions must have been complied with, and the Plan of Survey lodged with Council for endorsement, unless an application to extend the relevant period is approved by Council.
Nature Refuge Dedication
In accordance with former Noosa Shire Council resolution of its Ordinary Meeting of 29 March 2007, the balance undeveloped Open Space conservation portion of Lot 1 SP177650 must be gazetted a Nature Refuge under the Queensland Nature Conservation Act. Evidence of the initiation of the gazettal process must be provided to Council within 3 months of sealing of the plan of survey associated with this approval.
Water & Sewage
Reticulated water must be provided to each lot in the development (excluding balance Lot 1). This must include:
Works in accordance with the approved findings of the water supply network analysis by Worley Parsons, dated 30 July 2008.
Construction of a new 150mm diameter watermain to Unitywater standards from the existing 200mm watermain in Ben Lexcen Drive to the existing 100mm diameter watermain in the Culdesac of Grasstree Court.
A water service and approved water meter for each lot in accordance with Unitywater Standard Drawings SCW 350,355 and 360.
Water meters located on alternative boundaries to electrical pillars.
Reticulated sewerage must be provided to each lot in the development (excluding balance Lot 1). This must include:
Creation of a new Lot for the existing Unitywater sewer pump station and dedication of the lot in favour of Unitywater.
Layout of the pump station access and parking areas within the pump station Lot in accordance with Unitywater standard drawing SCW 501 or agreed alternative configuration to suit existing infrastructure layout.
A 3.0 metre wide easement must be provided over all Unitywater sewers located in private property including the sewer rising main.  A 4.0 metre wide easement must be provided over Unitywater sewers greater than 3.0 metres deep. Easements must be located centrally over the main.
referral agencies
Referral Trigger	Referral Status	Referral Agency	Referral Address
Vegetation Clearing IPR schedule 2, table 3, item 11 (MCU) IPR schedule 2, table 2, item 4 (ROL)	Concurrence	Department of Environment and Resource Management	PO Box 573, NAMBOUR  QLD  4560
Koala Conservation IPR schedule 2, table 3, item 18 (MCU) IPR schedule 2, table 2, item 33 (ROL)	Concurrence	Department of Environment and Resource Management	PO Box 573, NAMBOUR  QLD  4560
Wetlands IPR schedule 2, table 3, item 20 (MCU) IPR schedule 2, table 32, item 38(ROL)	Advice	Department of Environment and Resource Management	PO Box 573, NAMBOUR  QLD  4560
Conservation Estate IPR schedule 2, table 3, item 40 (MCU) IPR schedule 2, table 2, item 39 (ROL)	Advice	Department of Environment and Resource Management	PO Box 573, NAMBOUR  QLD  4560
Copy of the referral agency conditions were attached to the original approval.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Connection to the Unitywater live water supply and live sewerage system must be undertaken by Unitywater at the applicants cost.
A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.
Trade waste generated on-site shall be subject to Unitywaters Trade Waste Policy and the Water Supply (Safety & Reliability) Act 2008.  The applicant is advised to contact Unitywater’s Trade Waste Officer on 54318333 to determine trade waste requirements.
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 and construction phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.  Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.
The management of clinical waste must be conducted in accordance with the provisions of the Environmental Protection (Waste Management) Regulation 2000- Part 5 Management of clinical and related wastes.
Due regard should be given to the design and location of noise emitting fixed plant and equipment and any acoustic treatment that may be required. It is advised that an appropriately qualified acoustic consultant be involved with the selection and installation of such equipment. A qualified acoustic consultant can give advice on how to best locate and design the equipment such that it can meet statutory noise or planning requirements.
In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements.
Infrastructure Contributions
This development permit may trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Councils “Adopted Infrastructure Charges Resolution (No.1) 2011” under the State Planning Regulatory Provision (Adopted Charges) and the “Sustainable Planning Act 2009”.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
Infrastructure Charges – 8 November 2017
This Change to an Existing Approval dated 19 December 2011 will trigger Infrastructure Charge Notice/s to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. Separate notices will be issued by Council and Unitywater for their respective “trunk” infrastructure networks and will replace the original Adopted Infrastructure Charge Notices (No’s. 110 and 111) issued on the original approval.
property notes
The following property note will be placed against the subject property in Council’s property record system:
MCU08/1128 – Stormwater Quality Treatment Devices
This site is provided with stormwater quality treatment devices which capture and store pollutants from stormwater runoff generated on the site. These devices are required to be routinely checked and serviced/cleaned out as per the endorsed maintenance manual. Records of maintenance activities undertaken are to be kept and made available to Council Officers upon request
variation approval details
Not Applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Reconfiguration of a Lot	(Sewage pump station lot creation and access easements)
Development Permit for Operational Work	Access and/or Carparking. Site Civil Works. Roadworks. Stormwater Drainage. Frontage Works. Vegetation Management, Clearing and Offset. Fauna Management. Landscaping. Erosion & Sediment Control.
Development Permit for Building Work	All Building Works
submissions
There were 5 properly made submissions about the application. In accordance with Integrated Planning Act 1997, the name and address of the principal submitter for each properly made submission is provided and attached.
reasons / grounds for approval
The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:
1.	The development layout accords with the site’s zonings following amendments to The Noosa Plan dated 11 May 2011 and master planning previously undertaken for the site, which include significant dedication of land for environmental conservation.
2.	The proposed medical use is ancillary and complimentary to the development’s aged care and residential uses.
3.	The development addresses an identified need for aged care and retirement dwellings in the area and is supported by adopted Council strategies for housing and the elderly.
4.	The site is well located to provide future residents with access to local services and transport.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
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,
Kerri Coyle
Manager Development Assessment
Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc.	Unitywater & SARA

DECISION NOTICE HISTORY
Original Decision Notice -19 December 2011.
Decision Notice – Minor (132008.1128.01), dated 8 November 2017 with an amendment to approved plans, conditions 7. 8. 33. 35 & 40 and additional condition 80 and an additional Advisory Note.
Decision Notice – Minor (132008.1128.02), dated 21 March 2019 with an amendment to the description of the approved use to Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs and Commercial Business – Type 2 Medical and Reconfiguring a Lot (1 into 2), amendment to Conditions 5, 7, 12, 14, 18, 27, 30.1, 33, 35, 39, 40.1, 41, 64, 65 and 72. Delete Conditions 44, 45 & 80 and include an additional condition 81.

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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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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