22-040 Final Decision (1)

                           b. The letter to the Registrar from Pure Building Approvals dated 26
                                July 2022 which included advice on the owner’s response to the
                                Council conditions and the ‘Decision to Refuse’ notice.
                   (3) The response from the parties to the Tribunal’s request for advice
                       confirming the appellant also objected to the conditions concerning the
                       front set back and the proposed maximum height of the proposed carport
                       (Reference the email responses received by the Registry on 15
                       September 2022).
                   (4) Planning Act 2016.
                   (5) Noosa Shire Planning Scheme ‘Noosa Plan 2020’ - ‘Low Density
                       Residential Code’
                   (6) The Queensland Development Code, MP 1.2 March 2010.
                   (7) Verbal representations at the Tribunal Hearing on 29 September 2022.
                   (8) The email from Jon Day of Pure Building Approvals to the Tribunal
                       clarifying their client’s position after the Hearing (received by the Registry
                       on 29 September 2022).


Findings of Fact

  20.     The Tribunal finds that the Referral Agency (Noosa Shire Council) did not direct the
          Assessment Manager (Stewart Magill of Pure Building Approvals) to ‘Refuse’ the
          Building Development Application (reference Noosa Council RAB 21/0259).

  21.     The Tribunal finds that the Assessment Manager (Stewart Magill of Pure Building
          Approvals) ‘Refused’ the Building Development Application (reference Noosa
          Council RAB 21/0259) citing the reason that the Referral Agency (Noosa Shire
          Council) condition that there be no roller/panel lift door was an unacceptable
          condition.

  22.     The Tribunal finds that the matters considered in reaching its Decision against this
          ‘refusal’ would be the same as those considered if the Assessment Manager had
          ‘Approved’ the Building Development Application (reference Noosa Council RAB
          21/0259) and the Appellant had appealed against the Council’s ‘Referral Agency’
          conditions (Noosa Shire Council ‘Referral Agency Response’ dated 9 May 2022).


  Reasons for the Decision

  23.     The relevant part of the Noosa Shire Planning Scheme ‘Noosa Plan 2020’ - ‘Low
          Density Residential Code’ is the ‘Performance Outcome’ PO9 that states:




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