SUPERSEDED Minor Change Existing Approval 132005.1133.7

Officer: 	Patrick Murphy
Direct Telephone: 	53296436
Our Reference:	132005.1133.7
Your Reference:	M2652/F
18 January 2018
Altum Constructions
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your request to make a permissible change to the existing approval. On 18 January 2018 Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132005.1133.7
Street address:	75 Resort Drive Noosa Heads
Real property description:	Lot 7 SP178340
Planning Scheme:	The Noosa Plan (3 July 2017)
DEVELOPMENT DESCRIPTION
137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym.

Decision details
Council on 30 August 2007 decided to issue the following type of approval:
Material Change of Use - 155 Multiple Dwelling Units and Associated Facilities - Theatre, Restaurant, Shops & Function Rooms
In relation to representations made by the applicant Council on 1 November 2007 decided to:
A.	Agree to amend Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4, 94 with an amendment to Condition 20 to read as follows:
Condition 20
The Development Permit for a material change of use of premises lapses if the first change of use under the approval has not happened by 30 August 2011, unless an application to extend the currency is approved by Council
B.	Agree to delete Conditions 3 & 18.
C.	Refuse to Change/Delete Conditions 16 & 17.
In relation to a request to make a change to the existing approval, Council on 6 April 2011 decided to:
A.	Approve a change to Condition 20 extending the relevant period to 1 November 2015.
In relation to the request to make a change to the existing approval, Council on 10 September 2015 decided to:
A.	Approve a change to Condition 20 extending the relevant period to 1 November 2017.
B.	Include an additional Advisory Note 11.
In relation to the request to make a change to the existing approval, Council on 11 March 2016 decided to:
Agree to amend Condition 2.
Delete Conditions 11, 16 & 65;
Change Conditions 1, 4, 5, 6, 8, 12, 23, 29, 30, 31, 33, 46, 47, 48, 49, 64 & 70.
Change Advisory Notes 1 & 2
In relation to the request to make a change to the existing approval, Council on 15 December 2016 decided to:
Agree to amend the approved description of the use to read as follows:
Material Change of Use for a Resort of 155 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi- Function Room and Gym
Change Conditions 1, 2, 4, 8, 12, 20, 33, 62, 72 and 73.
Refuse to change conditions 52 & 55 as Unitywater has advised that the conditions are appropriate at this stage.
In relation to the request to make a change to the existing approval, Council on 21 September 2017 decided to:
Amend the description of the development in the Decision Notice to read Material Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym
Agree to change conditions 1, 2, 5, 8, 9, 10, 12, 13, 19, 20, 21 33, 47, 49 & 64
Add condition 96
Delete Conditions 17, 22 and 27
In relation to the request to make a change to the existing approval, Council on 18 January 2018 decided to:
A.	Amend the description of the development in the Decision Notice to read Material Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym.
B.	Agree to change conditions 1, 2, 8, 33, 47, 64, 72, 81, and 83 as per the conditions contained in the General Committee Agenda dated 15 January 2018.
C.	Refuse to amend conditions 4 and 96.
D.	Delegate the powers of Council under the Planning Act 2016 for minor change applications for this development to the Chief Executive Officer.
RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the assessment manager conditions.
CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
Land Use
Prior to the issue of an operational works approval for civil works for each stage of the development, fully detailed architectural proposal plans relevant to each stage must be submitted for Council approval.  Detailed plans must provide the following details as a minimum:
1.1	Full architectural building elevations;
1.2	Detailed roof plans and ground level contours demonstrating compliance with the development’s 8m/12m building height limits above natural and finished ground levels;
1.3	Landscaping areas demonstrating compliance with Condition 5 herein;
1.4	The location of proposed stormwater management/treatment devices;
1.5	Consistency with all management plans for the development;
1.6	Building colour schemes demonstrating compliance with Condition 8 herein; &
Vehicle manoeuvring areas and temporary turning provisions.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed below and are as amended by the conditions herein.
Plan No.	Rev.	Plan/Document Name	Date
7038-DA01	12	Altum Constrcutions Masterplan Noosa Springs Resort prepared by Blackburne Jackson Design	03-11-17
7038-DA03	10	Carparking/Basement prepared by Blackburne Jackson Design	29-09-17
7038-DA04	11	Ground Floor prepared by Blackburne Jackson Design	29-09-17
7038-DA05	10	First Floor prepared by Blackburne Jackson Design	29-09-17
7038-DA06	10	Second Floor prepared by Blackburne Jackson Design	03-11-17
7038-DA07	08	Site Section prepared by Blackburne Jackson Design	29-09-17
7038-DA08	09	Site Section prepared by Blackburne Jackson Design	29-09-17
7038-DA09	14	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA10	12	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA11	08	Perspective sketches prepared by Blackburne Jackson Design	29-09-17
7038-DA12	08	Perspective sketches prepared by Blackburne Jackson Design	29-09-17
7038-DA13	07	Overall staging plan prepared by Blackburne Jackson Design	29-09-17
7038-DA14	06	Finishes Palette prepared by Blackburne Jackson Design	29-09-17
7038-DA15	06	Resort Facilities Floor Plan prepared by Blackburne Jackson Design	29-09-17
7038-DA16	05	Facilities Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA17	03	Indicative Apartment Layouts prepared by Blackburne Jackson Design	29-09-17
7038-DA19	06	Building 15 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA20	06	Block 18 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA21	06	Building 3 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA23	06	Block 2 Elevations prepared by Blackburne Jackson Design	29-09-17
7038-DA24	02	Block 15 Sections prepared by Blackburne Jackson Design	06-06-17
7038-DA25	03	Block 18 Sections prepared by Blackburne Jackson Design	29-09-17
DD1.1	F	Location Plan prepared by Sparks Architects	08-06-2017
DD1.2	F	Site Plan prepared by Sparks Architects	08-06-2017
DD1.3	H	Unit Type 1 prepared by Sparks Architects	08-06-2017
DD1.4	H	Unit Type 2 prepared by Sparks Architects	08-06-2017
WD1.8	B	Ground Floor Plan Block 7 prepared by Sparks Architects	23-08-2017
DD1.6	E	First Floor Plan Block 7 prepared by Sparks Architects	08-06-2017
DD1.7	D	Roof Plan Block 7 prepared prepared by Sparks Architects	08-06-2017
DD1.8	E	Ground Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.9	E	First Floor Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.10	D	Roof Plan Block 8 prepared by Sparks Architects	08-06-2017
DD1.11	E	Ground Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.12	E	First Floor Plan Block 9 prepared by Sparks Architects	08-06-2017
DD1.13	D	Roof Plan Block 9 prepared by Sparks Architects	08-06-2017
WD2.1	B	Elevations prepared by Sparks Architects	23-08-2017
WD2.2	B	North Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.3	B	East Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.4	B	South Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.5	B	West Elevations Block 7 prepared by Sparks Architects	23-08-2017
WD2.6	B	Elevations Block 8 prepared by Sparks Architects	23-08-2017
WD2.7	B	Elevations Block 9 prepared by Sparks Architects	23-08-2017
DD3.1	D	Sections Block 7 prepared by Sparks Architects	08-06-2017
DD3.2	B	Section Block 7 prepared by Sparks Architects	08-06-2017
DD3.3	D	Section Block 8 prepared by Sparks Architects	08-06-2017
DD3.4	D	Section Block 9 prepared by Sparks Architects	08-06-2017
DD4.1	G	3D prepared by Sparks Architects	08-06-2017
DD4.2	G	3D prepared by Sparks Architects	08-06-2017
DD4.3	G	3D prepared by Sparks Architects	08-06-2017
DD4.4	G	3D prepared by Sparks Architects	08-06-2017
DD4.5	G	3D prepared by Sparks Architects	08-06-2017
DD4.6	G	3D prepared by Sparks Architects	08-06-2017
DD4.7	G	3D prepared by Sparks Architects	08-06-2017
7088_A01-10_04	04	CTS 400 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-21_B	B	CTS 100 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_A01-31_B	B	CTS 300 Site Plan – Level 1 prepared by Blackburne Jackson Design	03-10-17
7088_02-01_11	11	Facilities Building Level 1 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7088_02-02_10	10	Facilities Building – Roof Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-30_C	C	Block 15 Basement Level – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-31_D	D	Block 15 Level 1 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-32_D	D	Block 15 Level 2 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-33_D	D	Block 15 Level 3 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-34_C	C	Block 15 – Roof Plan prepared by Blackburne Jackson Design	04-09-17
7098_A02-01_F	F	Block 3 Basement Level – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7098_A02-02_E	E	Block 3 Level 1 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7098_A02-03_D	D	Block 3 Level 2 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7098_A02-04_E	E	Block 3 Level 3 – Floor Plan prepared by Blackburne Jackson Design	03-10-17
7098_A02-05_C	C	Block 3 – Roof Plan prepared by Blackburne Jackson Design	03-10-17
7088_A02-90_C	C	Block 16 Basement Level – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-91_D	D	Block 16 Level 1 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-92_D	D	Block 16 Level 2 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-93_D	D	Block 16 Level 3 – Floor Plan prepared by Blackburne Jackson Design	04-09-17
7088_A02-94_C	C	Block 16 – Roof Plan prepared by Blackburne Jackson Design	04-09-17
7088_A04-01_07	07	Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-10_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-11_D	D	Block 15 - Elevations prepared by Blackburne Jackson Design	04-09-17
7098_A04-01_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7098_A04-02_D	D	Block 3 - Elevations prepared by Blackburne Jackson Design	03-10-17
7088_A04-30_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_A04-31_D	D	Block 16 - Elevations prepared by Blackburne Jackson Design	04-09-17
7088_05-01_06	06	Sections prepared by Blackburne Jackson Design	03-10-17
7088_A05-10_C	C	Block 15 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_A05-15_C	C	Block 16 - Sections prepared by Blackburne Jackson Design	04-09-17
7088_AA05-20_03	03	Sections prepared by Blackburne Jackson Design	29-05-17
7088_AO17-01_01	01	Facilities Buildings Perspectives prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_01	01	Quarry Café Views prepared by Blackburne Jackson Design	19-05-17
7088_AO17-03_02	02	Parkside Residences prepared by Blackburne Jackson Design	06-06-17
7088_AO17-04_02	02	Parkside Terrace 15 prepared by Blackburne Jackson Design	29-09-17
7088_AO17-05_02	02	Parkside Terrace 15 prepared by Blackburne Jackson Design	29-09-17
7088_AO17-06_02	02	Parkside Residences 3 prepared by Blackburne Jackson Design	06-06-17
Deleted.
The ancillary shop, restaurant/cafe, multi-function room, gym and other ancillary facilities shall be operated and maintained as a Resort. A letting pool service promoting and managing short term accommodation must also be established on site and made available to all owners of multiple dwelling units. The community management statement for any or all bodies corporate having control of the Resort or any part thereof shall incorporate this condition. Where the development is staged, the common resort facilities must be completed and operational as part of the first stage or after construction of the 64th Unit.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines, the Bushfire Management Plan for the site and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed for each stage prior to the related premises being occupied and maintained at all times thereafter and shall include:
Planting of koala and glossy back cockatoo feed trees;
Tall canopy trees throughout the site (exclusive of any fire buffer areas) to assist in visually integrating the development into its landscape setting, partially screen buildings, and reduce visual building bulk.
Screen planting along the site’s frontage to Resort Drive, which includes mature planting.
Entrances and exits must be landscaped prior to the occupation of Stage 1.
Koala food trees to the Resort Drive frontage must be retained, unless permitted to be removed in accordance with an approved arborist report.
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. The landscape plans required to be submitted are to denote areas of existing vegetation or existing trees to be retained and demonstrate vegetation retention on site and to the Resort Drive frontage to provide filtered views of the development.
Any advertising sign or device is to comply with Council's policies on advertising.
The development’s external colour scheme shall use muted environmental tones of browns, greens and greys to integrate the development with its landscape setting and ensure the development does not visually impact on the vegetated skyline. All buildings shall utilise the finishes palette detailed on Plan 7038- DA14 Issue 06 Dated 29-09-17. The use of paint finish Taubmans Tahira White is to be minimised.
A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work for each stage confirming compliance with the maximum RL’s shown for each building on the approved plans of development.
The natural ground level shall be reinstated around the basement levels so as not to comprise a storey pursuant to the Schedule to the Planning Scheme to the reasonable satisfaction of Council’s delegate.
Deleted.
The development must comply with the Bushfire Hazard Assessment and Management Plan AC1345BFIRE Rev.1, Duke Environmental Letter dated 25/10/2016 and Fire and Evacuation Management Plan 7043/DA28 contained in the Parc Noosa Bushfire Management Plan and Evacuation Plan for Owners and Tenants. Certification of compliance with this condition must be provided to Council prior to occupation of each and any stage of the development. A revised Bushfire Management Plan, which addresses the retention of the tree adjacent to Block 17 where proposed to be retained, must be submitted prior to the lodgement of an Operational Works Permit for Stage 9A.
Secure bicycle racks shall be provided on site to accommodate a minimum of 20 bicycles on site and 10 at the existing clubhouse facilities.  The proposed bicycle racks shall be identified on the landscaping plans and shall be located to the reasonable satisfaction of Council’s delegate.
End of trip facilities shall be provided within the approved building at a minimum of 2 showers and 10 lockers.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
Deleted.
Deleted.
Deleted.
The requirements of this development approval are to be effected for each stage, prior to the use of each stage. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The uncompleted aspects of this development approval lapses if the whole of the approved use has not happened by 15 December 2026.
The developer must obtain all of the other Development Permits referred to in the Decision Notice for each stage, prior to obtaining a Development Permit for Building Works.
Land Development
Land Titling
Deleted.
Vehicle Access
Vehicular access driveways to serve the development shall be constructed from the Leslie Drive (shown on plans as Resort Drive) frontage of the site generally in accordance with the approved plans.
The driveways shall be designed and constructed 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 AS2890.1-2004, Council will require that the driveway be removed and reconstructed to levels that do comply.
Please note, a step between the driveway and the remainder of the verge 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 verge, the driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight line requirements as defined in AS2890.1, 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 site in a forward direction.
Vehicle Access Easement
Deleted.
If in the future service vehicle access is to be granted to Precinct E2, a vehicle access easement shall be created over the proposed driveway that gives access to Precinct E2.  The easement shall be the width of the driveway and shall benefit Precinct E2 and burden Resort parcel that is the subject of the approval.
Where any turnaround area or access route is required over the adjacent Precinct E2, an access easement [or similar provision] shall be created over the title to enable the utilisation of the area of that land required for the manoeuvre.
Loading Areas
The loading dock and refuse area shall be modified to ensure that Large Rigid Vehicles can manoeuvre into them safely and shall be located generally as shown on the approved plans.
Service Vehicles Turnaround
Unless legal access has been provided through the adjacent Precinct E2, a turnaround area shall be constructed within the development (Precinct F) to Council’s standards.  This may be removed once alternative access through Precinct E2 has been made available to an appropriate standard.
If constructed the turning area shall be sign posted to avoid visitors parking in them and it is suggested that the sign have the following wording or similar - “No Parking - Vehicle Turning Area Only”.
Car Parking and Circulation Pathways
Carparking shall be provided within the site generally as shown on the approved plans. Carparking shall include 285 carpark spaces with 250 of these to be covered carpark spaces, and include 10 clearly defined disabled carpark spaces for the unit component of the development. Five carparking spaces for staff in addition to resident and visitor spaces are to be provided on site. Visitor and staff carparking, including all at grade car parking situated between Blocks 2 and 3 must be maintained in common property and be available to all units. Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
The carparking areas 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 and with a minimum head clearance (headroom) at any point of 2.2m.
Turning areas shall be provided at the end of the aisles when required and they 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.
All service driveways shall be designed to comply with AS 2890.1-2004 in particular with regard to gradients and turning areas required for the light service vehicles.
Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed to ensure that the root system water supply is maintained.  Pavements 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/or drainage and the temporary fencing prior to obtaining a Development Permit for Operational Works.
Where retained trees are located in areas proposed to be filled on site (or are located on neighbouring allotments to the actual site to be filled), there will be a need to prevent fill material from being placed on the trees root system.  To this end the design of the filling works will need to incorporate terracing around the tree or a similar means of ensuring that the natural ground level around the trees remains generally the same as existing.  These measures shall clearly be shown on the plans submitted for Operational Works approval and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
Any modifications to the existing road as a result of the proposed driveway access points, including road widening or realignment, shall be designed and constructed by the applicant.
Footpath improvements such as topsoiling, grassing, and tree planting are required to the Leslie Drive (show as Resort Drive) frontage of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.  Grass shall be couch, free of weeds.
A new 2.0m wide concrete path connecting the resort to the pathway on the opposite side of the road shall be constructed as shown on in accordance with Council’s design standards and to an alignment that protects any significant vegetation or any underground services.  A pram ramp shall be installed where the pathway crosses the kerb line.
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.
Undergrounding Power
Any connection to the site for power and telecommunications will be underground.
Roof Water & Stormwater Drainage
Roof water runoff from any new building should be directed to a rainwater storage systems or tanks.  Storages and/or tanks shall be installed to ensure water from the tanks/storages is used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) in accordance with the Water Sensitive Design Code of the Noosa Plan. The location and capacity of the tanks shall be clearly shown on the plans submitted for Operational Works approval and any overflow shall be directed to the road frontage/the stormwater drainage system/etc located on Leslie Drive.
All stormwater drainage shall be managed so that:
there is no net increase in 1 year ARI peak stormwater flows from the site at any stage of the development that will cause scour at any point in the receiving environment. Where there is an increase in 1 year ARI peak stormwater flows, a Hydraulic Engineer must certify that the increase will not be responsible for any scour in the receiving environment; and
the discharge of stormwater from construction or completed stages of the site does not affect the approved design residence time of the Noosa Springs Golf Course lake system.
All stormwater drainage shall be collected and discharged in a manner to ensure no harm to the receiving natural and built environments.
Stormwater run-off must be treated to prevent prescribed water contaminants and nutrients discharging from any part of the site at concentrations that are likely to cause cyanobacteria, algal outbreak or other adverse reaction within the Noosa Springs Golf Course lake system or other receiving waters.
The first application for Operational Works under this approval (with the exception of Operational Works for Bulk Earthworks) must include a Water Quality Management Plan submitted to the Council for approval prior to obtaining a Development Permit for Operational Works. The Water Quality Management Plan must clearly demonstrate how each cumulative stage of development will achieve the water quality management requirements of this approval.
Where stormwater runoff from the site will enter the Noosa Springs Lake System, the Water Quality Management Plan must be endorsed by an aquatic scientist or equivalent expert in the field of water quality management, and include the following information:
MUSIC Modelling and calculations to demonstrate that concentrations of Total Nitrogen, Total Phosphorous and prescribed water contaminants at risk of occurring in runoff from each cumulative stage of the developed site will be no more than pre-development concentration, or be of a concentration that is compatible to the water quality needs of the lake system
Construction and Operational Monitoring Phase monitoring protocol to confirm that any nutrients or prescribed water contaminants at risk of runoff from the development site is not responsible for adverse water quality matters within the Noosa Springs Lake System.
Where waters will bypass the Noosa Springs Lake System, the Water Quality Management Plan must include calculations certified by an RPEQ to demonstrate the following will be achieved:
the design residence times of the Noosa Springs Golf Course lake system are maintained;
an 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen prior to discharge of stormwater from the site.
The maintenance Schedule within the approved Water Quality Management Plan must be included within the Community Management Statement prior to commencement of use.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
All internal reticulation sewers as indicated on Tate Professional Engineers Dwg C1732/05/F-PO5 Revision G dated 07/06/07 are to be designed and constructed in accordance with Planning Scheme Policy 6, Engineering Design Standards – Water & Sewerage.
Internal Reticulation Sewers are to discharge to existing manholes NH17/41/05 and NH17/11/19.  Where a sewer outlet traverses a separately titled Precinct E2, it shall be designed as a Council-owned sewer and be constructed in accordance with NSC requirements and contained in a registered easement in favour of Noosa Shire Council.
Town Water Supply
The site 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.
All internal private water reticulation mains as indicated on Tate Professional Engineers Drawing C1732/05/F-PO5 Revision G dated 07/06/07 are to be designed and constructed in accordance with Planning Scheme Policy 6, Engineering Design Standards – Water & Sewerage.
A single water metered connection must be located outside the property boundary and in an easily assessable location to facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind fences or locked gates.  In this regard approval of the water meter configuration and location must be obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of hydraulic drawings.
The applicant is advised that this development may require the provision of fire hydrants and a booster pump in accordance with the Building Code of Australia, and consultation may also be needed with Queensland Fire Services to ensure suitable fire fighting infrastructure is provided.  To this end any necessary fire hydrants shall be clearly shown on the plans submitted for any Operational Works approval and if a booster pump is deemed necessary, the plans shall indicate where the fire truck is to be accommodated in order to provide boosting to the water supply.
Service Easements (Sewer / Stormwater)
A registered easement shall be created over the zone of influence of any sewer that traverses another parcel.  The easement shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the sewer at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0m wide overall.  In this regard a licensed surveyor shall accurately locate all sewer mains and determine the necessary width of the easement, which shall be shown on any plans submitted for Operational Works / Building Works approval. To this extent the surveyor shall certify that the sewer and the zone of influence is wholly contained within the easement to be created.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles Office and any additional Titles Office forms or requisitions requiring the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
A registered easement shall be created over any stormwater drainage pipes or pits within the site that collects stormwater from a Council road.
No building or other structure shall be constructed or encroach over an easement.
Earthworks & Site Stability
Earthworks carried out on site shall not affect the structural integrity of any of the existing land or structures that border the development site.  To this end all works shall be undertaken in accordance with the recommendations of a Geotechnical Engineer or similar qualified expert which identifies suitable building foundations and any measures that may be  required to protect the stability of adjoining buildings if Precinct E2 has been constructed and/or structures and/or land
Acid Sulfate Soils
Where excavations of non-imported soils below the elevation of 5m AHD are necessary for construction, the application for Operational Works for Bulk Earthworks, Stormwater and /or Landscaping must demonstrate and include certification from a suitably experienced and qualified geotechnical engineer of methods necessary to ensure construction and operation of the development:
is consistent with Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines; and
will not result in the release of acid or associated metals; and
will not cause localised lowering of groundwater
Erosion and Sediment Control
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.
Contributions Towards Council Infrastructure
Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading various infrastructure at the rates applicable at the time of payment.  An estimate only of the amended contribution amounts relating to this “Change to an Existing Approval” dated 18 January 2018 under the Council policies and requirements applied on the original approval is outlined in the table below:
Contribution Required For:	PSP12 – Public Open Space Contributions	PSP16 – Sewerage Headworks Contributions	PSP17 – Water Supply Headworks Contributions	PSP20 – Pathway Trunk Network Contributions	TOTAL Contribution Amount per Stage
Stage CTS 100	$0	$51,653	$173,751	$27,538	$252,942
Stage CTS 200	$0	$17,315	$57,735	$8,919	$83,969
Stage CTS 300	$0	$32,283	$108,935	$17,211	$158,429
Stage CTS 400 Resort Facilities	$0	$8,516	$23,239	$3,599	$35,354
Stage CTS 500	$0	$39,033	$129,632	$20,002	$188,667
Stage CTS 600	$0	$17,756	$59,914	$9,466	$87,136
Stage CTS 700	$0	$18,929	$63,182	$9,779	$91,890
Stage CTS 800	$0	$17,756	$59,914	$9,466	$87,136
Stage CTS 900	$0	$14,527	$49,021	$7,745	$71,293
TOTAL Contribution Amount =	$0	$217,768	$725,323	$113,725	$1,056,816
Please note that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from September 2017 until the date of payment.
All contributions must be paid prior to commencement of the use.
Water Supply and Sewerage contributions are payable directly to Unitywater.
Deleted.
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.
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.
All contractors responsible for the transportation of all materials to and from the site for construction purposes shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials related to construction operations, either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle
Environmental Health
Waste Disposal shall comply with an approved Waste Management Plan prepared in accordance with Council’s PSP 11 Waste Management Plans.  The Waste Management Plan must be submitted to Council for approval prior to the issuing of a development permit for Operational Works.
The developer must provide 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 correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap and grease arrestor.
The development must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including:
an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
b)	a bin wash area 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 which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively, the waste area can be roofed, or another appropriate design approved by Council.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Environmental Health Section, prior to issue of development permit for operational works
The Plan must include the following information: -.
types of wastes that will be generated from the activities approved within the development.
estimated volumes or tonnage of both recyclables and waste generated.
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 for getting all waste to the bins; the storage of bins and the collection of bins by the contractor.
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.
description of types and volume of waste storage containers to be used.
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.
detailed description of vehicular access routes to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
Street litterbins shall be provided by the applicant throughout the development and serviced by management staff and at their expense.
A provision for temporary turning for waste vehicles shall be provided should precinct E2 be developed before F or visa versa (as per additional information supplied in letter dated 12 June 2007).
Further details are required prior to operational works approval detailing the construction waste management plan and method for onsite separation, treatment and storage.
Refuse chutes must be provided in accordance with Council’s Policy for “Refuse Chutes and Accessories in Multi Storey Buildings”.
Where any food premises is included in a development, the following is required:
Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval.
Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards. (Both available from Council)
Toilets for customers and staff to be provided in accordance with Building Code of Australia.  Obtain advice from a building certifier on numbers and standards, including disable access.
Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668.  A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade.
Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises.
The development must be undertaken and operated in a manner that does not cause any nuisance to the amenity of other landholders and residents in the neighbourhood by reason of the creation of excessive noise, lighting or other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
Noise emission from mechanical equipment (air conditioners, refrigeration equipment, or pool pumps etc) shall comply with the following requirements:
A person must not use equipment on any day if it makes or causes noise to be made:
i.	From 10pm to 7am: Not more than the higher of either:
a.	40 dB(A)
b.	3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours
ii.	From 7am to 7pm: Not more than the lower of either:
50 dB(A)
5 dB(A) above the background noise level
iii.	From 7pm to 10pm:
Not more than 3 dB(A) above the background noise level.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment complies with the requirements of Noosa Council Local Law No. 12 – Control of Nuisances and the requirements of the Environmental Protection Regulation 1998.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  This assessment must take into account noise from any other fixed equipment on the property e.g. swimming pool pump, heating/cooling equipment, etc that may increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
The development shall comply with the noise management strategies contained in the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to issue of Operational Works to the reasonable satisfaction of Manager, Environmental Health Noosa Council: -
The necessary and appropriate noise control measures incorporated into the façade of the apartments and within the restaurant. These measures shall include:
83.1.1	Upgraded glazing and air-conditioning to the potentially affected apartments;
83.1.2	Strategically placed wing walls on balconies to screen the apartment and balconies from alfresco dining areas;
83.1.3	Installation of a roof over the outdoor dining area with absorption to the underside should be explored;
83.1.4	Revised hours of operation to no later than midnight;
83.2		Formulate and implement a Noise Management Plan to deal with noise emissions from the premises including patron noise.
83.3		The applicant must advise prospective purchasers that a noise management plan has been prepared to manage noise emissions related to the development.
83.4	The Noise Management Plan referred to in Condition 83.2 shall be incorporated in perpetuity in the By-Laws of the Body Corp for the building.
83.5	The Noise Management Plan shall include a process for dealing with complaints and specify that the Restaurant Management and Body Corp Manager be responsible for dealing with any noise complaints.
The location and noise attenuation for all plant and equipment is to comply with the requirement of the Environmental Protection (Noise) Policy and Noosa Council’s Local Law No 12 Control of Nuisances.
On completion of the development, a certificate by an appropriately qualified acoustic consultant shall be submitted to Council demonstrating that the development complies with the above conditions.
No specific waste collection times can be conditioned.  Waste collection will be in accordance with the current waste contractors at that time.
All liquid waste produced by the commercial section of the development is “Trade Waste” and is to be treated as required under the Noosa Trade Waste Policy prior to release to the sewer.
The hydraulic drawings are to show all the Trade Waste requirements in accordance with the Noosa Trade Waste Policy.  NB: A Trade Waste Permit must cover all types of Trade Waste discharged.
A Trade Waste Application must be submitted prior to the issue of a Development Permit for Building Works.
A completed Trade Waste application showing the Trade Waste requirements in accordance with the Noosa Trade Waste Policy are to be submitted to Council together with an applicable fee and two (2) sets of professionally drawn plans.
Trade Waste requirements are to be in place, inspected and approved prior to the commencement of trading or operation. The appropriate Trade Waste Permits will be issued following approval at final inspection.
Specific requirements
Unobstructed access is to be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing.  Where access is restricted, a pump out line is required.
A place of food preparation and/or cooking is to have the liquid waste connected to a Trade Waste line that discharges to an approved grease arrestor of a size determined by Council’s Trade Waste Policy.
The floor of the bin wash area is to fall to a bucket trap with the waste pre-treated by a grease arrestor prior to discharge to the sewer and also an appropriate backflow prevention devise is to be installed.  Rainwater is to be excluded from the bin wash area and if in excess of 700mm x700mm (max 0.5m²) it is to be roofed.
All waste water from any carwash areas shall be directed to Council’s sewer via trade waste interceptor. Should a charge be levied on the residents under Noosa Council Trade Waste Environmental Plan, carwash facilities will be charged 90% of all metered water to the premises.
The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no structures or swimming pools are to be located in these areas. No access is to be provided from the rear of these Blocks to Resort Drive
REFERRAL AGENCY CONDITIONS
The referral agency applicable to this application is:
Referral Agency	Address	Basis
Dept of Environment & Resource Management (formerly Dept of Natural Resources & Mines)	PO Box 573 Nambour	Advice Agency – Acid Sulfate Soils
		Concurrence Agency – Clearing of Vegetation
APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the assessment manager conditions.
ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is advised that this “Change to an Existing Approval” dated  18 January 2018 will result in amendments to the development contributions and infrastructure charges for the amended development based on the following Uses Class/Uses and applicable quantities:
Stage No.	Existing Development	Approved Development
	Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Stage CTS 100	Detached House	1 Lot & Dwelling (paid under 22980DA Lot Reconfiguration)	Multiple Housing – Type 4 – Conventional	33 x 3+ bedroom units
Stage CTS 200	N/a	N/a	Multiple Housing – Type 4 – Conventional	6 x 2 bedroom units 6 x 3+ bedroom units
Stage CTS 300	N/a	N/a	Multiple Housing – Type 4 – Conventional	20 x 3+ bedroom units
Stage CTS 400 (Resort Facilities)	N/a	N/a	Commercial Business – Type 1 – Office (Reception 30 m2 Back of house 40 m2 Multipurpose room 1 = 45 m2 Refuse room 10 m2)	125 m2
			Entertainment & Dining Business – Type 1 – Food & Beverage (Café 135 m2 Outdoor Dining 110 m2)	245 m2 (indoor 135 m2 + outdoor 110 m2)
			Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness (Resort facility) (Amenities 45 m2 Waiting & Treatment room 25 m2 Gymnasium 115 m2 Pool Equipment 15 m2)	200 m2 (Non-court area = 85 m2 & Court area = 115 m2)
			Retail Business – Type 2 – Shop (Convenience 30 m2)	30 m2
Stage CTS 500	N/a	N/a	Multiple Housing – Type 4 – Conventional	7 x 1 bedroom units 5 x 2 bedroom units 16 x 3+ bedroom units
Stage CTS 600	N/a	N/a	Multiple Housing – Type 4 – Conventional	11 x 3+ bedroom units
Stage CTS 700	N/a	N/a	Multiple Housing – Type 4 – Conventional	6 x 2 bedroom units 7 x 3+ bedroom units
Stage CTS 800	N/a	N/a	Multiple Housing – Type 4 – Conventional	11 x 3+ bedroom units
Stage CTS 900	N/a	N/a	Multiple Housing – Type 4 – Conventional	9 x 3+ bedroom units
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan. An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
This “Change to an Existing Approval” dated 18 January 2018 will trigger amendments to be made to the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be issued for the estimated amount totalling $541,091.00 (payable in accordance with completion of each Stage) and subject to variations in the Consumer Price Index, All Groups Brisbane from September 2017 until the date of payment.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
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.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $150,000, then a portable long service leave levy is required to be paid. In accordance with Section 77(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
The plans for the proposed building work have not been assessed for compliance with the requirements of the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the matter that either or both the Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the proposed building work.
Noosa Council recommends that the following matters be considered to address equitable access and facilities in the building:
a)	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 AS1428.2;
b)	Applicants should be aware that a “Disability Standard on Access to Premises is being developed and most likely will result in changes to the Building Code of Australia;
c)	Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is the building certifier’s responsibility to assess the requirements for fire separation and appropriate methods of construction as part of the building works approval process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the pool enclosure is not permitted.
Class 2 or 3 building in a designated bushfire prone area must comply with AS 3959.
Energy Efficiency requirements were introduced in the Building Code of Australia for Class 2, 3 and Class 4 parts of buildings from the 1 May 2005. The energy efficiency requirements do not apply to all previously constructed Class 2, 3 and Class 4 building parts prior to 1 May 2005 or substantially designed prior to the 1 May 2005.
Additional ADVISORY NOTE - 10 September 2015, amended 10 March 2016, amended 15 December 2016, amended 21 September 2017 & amended 18 January 2018
Infrastructure Charges
This Development Permit for a “Change to Existing Approval for an Extension to Relevant Period” will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).
This Infrastructure Charge relates only to the Public Transport and Stormwater networks previously missing from the earlier approval.
This “Change to an Existing Approval” dated 18 January 2018 will trigger amendments to be made to the “Infrastructure Charge Notice” previously issued. An amended Infrastructure Charge Notice will be issued for the estimated amount totalling $288,158.00 (payable in accordance with completion of each Stage) and subject to variations in the Consumer Price Index, All Groups Brisbane from September 2017 until the date of payment.
PROPERTY NOTES
Not Applicable
PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, carparking and access, site civil works, roadworks, erosion and sediment control, frontage works, stormwater drainage and filling of site.
SELF ASSESSABLE CODES
Not Applicable
SUBMISSION
Nil
reasons / grounds for appoval
Not Applicable
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 Council’s decision, electronic copies of which are available on line at www.noosa.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY Original Decision Notice - 30 August 2007 Negotiated Decision Notice  -1 November 2007, , with an amendment to Conditions 8, 11.2, 11.4, 13, 14, 20, 27, 40, 53, 64, 68, 78, 80, 81, 82.1.4, 94 with an amendment to Condition 20 to extend the relevant period until 30 August 2011. Agree to delete Conditions 3 & 18 and refuse to Change/Delete Conditions 16 & 17. Change to an Existing Approval - 6 April 2011, with an amendment to Condition 20 extending the relevant period to 1 November 2015. Change to an Existing Approval - 10 September 2011, with an amendment to Condition 20 extending the relevant period to 1 November 2017and include an additional Advisory Note 11. Change to an Existing Approval – 11 March 2016, with an amendment to Condition 2, the deletion of Conditions 11, 16 & 65, Change to Conditions 1, 4, 5, 6, 8, 12, 23, 29, 30, 31, 33, 46, 47, 48, 49, 64 & 70 and a change to Advisory Notes 1 & 2. Change to an Existing Approval – 15 December 2016, with an amendment to Conditions, 2, 4, 8, 12, 20, 33, 62, 72 and 73. Change to an Existing Approval – 21 October 2017, change conditions, 1, 2, 5, 8, 9, 10, 12, 13, 19, 20, 21 33, 47, 49 & 64 and add new condition 96 and delete 17, 22 and 27 Change to an Existing Approval – 18 January 2018, change conditions 1, 2, 8, 33, 47, 64, 72, 81 and 83 and refuse to change conditions 4 and 96.

Yours faithfully

Kerri Coyle
Manager Development Assessment

Encl.	Amended Infrastructure Charge Notices X 2
Approved Plans/Documents
Appeal Rights
cc	Unitywater
SARA Ref: SPD-0815-019961
[email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
228 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.
(Refer to Schedule 1 of the Planning Act 2016)
(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.
229 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.
230 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.
231 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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