Council archive · source document
Minor Change Existing Approval MCU21/0156.03 [As Published]
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: MCU21/0156.03
Your Reference: 240368
25 February 2025
AI McRaye
C/- EarthCert Building Consultancy Pty Ltd
PO Box 432
POMONA QLD 4568
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 November 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0156.03
Street address: Malolo Noosa 13/89 Eumundi Noosa Rd Noosaville Qld 4566
Real property description: Lot 13 SP 333814 & SP 333814
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 June 2022
• Development Permit for Material Change of Use of Premises - (22 x Multiple Dwelling
units)
In relation to the request to make a minor change to the existing approval, Council on 25 February
2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 2.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 16
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
[OCR of page images]
v6 NOOSA
@®& Council
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: MCU21/0156.03
Your Reference: 240368
25 February 2025
Al McRaye
C/- EarthCert Building Consultancy Pty Ltd
PO Box 432
POMONA QLD 4568
[email protected]
Dear Sir/Madam,
Decision Notice — Minor Change
Planning Act 2016
| refer to your application received on 12 November 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU21/0156.03
Street address: Malolo Noosa 13/89 Eumundi Noosa Rd Noosaville Qld 4566
Real property description: Lot 13 SP 333814 & SP 333814
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 June 2022
e Development Permit for Material Change of Use of Premises - (22 x Multiple Dwelling
units)
In relation to the request to make a minor change to the existing approval, Council on 25 February
2025, decided to approve the requested changes. The changes are detailed below.
A. — Approve the change.
B. Amend condition 2.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 16
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
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Page 2
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval 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/Document Name Date
DA.5 F Site Plan, prepared by Black Wood Architecture 7/03/2022
& design
DA.6 H Ground Floor Site Plan, prepared by Black Wood 13/05/2022
Architecture & design
DA.7 F Level One Site Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.8 F Site Elevations, prepared by Black Wood 7/03/2022
Architecture & design
DA.9 F Site Elevations, prepared by Black Wood 7/03/2022
Architecture & design
DA.10 F Site Elevations, prepared by Black Wood 7/03/2022
Architecture & design
DA.11 F Site Section, prepared by Black Wood 7/03/2022
Architecture & design
DA.12 F Ground Floor Plan: TH01-TH04, prepared by 7/03/2022
Black Wood Architecture & design
DA.13 F Level One Floor Plan: TH01-TH04, prepared by 7/03/2022
Black Wood Architecture & design
DA.14 F TH01-TH04 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.15 F TH01-TH04 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.16 F TH01-TH04 Sections, prepared by Black Wood 7/03/2022
Architecture & design
DA.17 H Ground Floor Plan: TH05-TH08, prepared by 13/05/2022
Black Wood Architecture & design
DA.18 F Level One Floor Plan: TH05-TH08, prepared by 7/03/2022
Black Wood Architecture & design
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Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval 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.
DA.5
DA.6
DA.7
DA.8
DA.9
DA.10
DA.11
DA.12
DA.13
DA.14
DA.15
DA.16
DA.17
DA.18
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
Rev.
F
Plan/Document Name
Site Plan, prepared by Black Wood Architecture
& design
Ground Floor Site Plan, prepared by Black Wood
Architecture & design
Level One Site Plan, prepared by Black Wood
Architecture & design
Site Elevations, prepared by Black Wood
Architecture & design
Site Elevations, prepared by Black Wood
Architecture & design
Site Elevations, prepared by Black Wood
Architecture & design
Site Section, prepared by Black Wood
Architecture & design
Ground Floor Plan: THO1-TH04, prepared by
Black Wood Architecture & design
Level One Floor Plan: THO1-TH04, prepared by
Black Wood Architecture & design
THO1-THO4 Elevations, prepared by Black
Wood Architecture & design
THO1-THO4 Elevations, prepared by Black
Wood Architecture & design
THO1-TH04 Sections, prepared by Black Wood
Architecture & design
Ground Floor Plan: THO5-THO8, prepared by
Black Wood Architecture & design
Level One Floor Plan: THO5-TH08, prepared by
Black Wood Architecture & design
Date
7103/2022
13/05/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
13/05/2022
7103/2022
Page 2 of 16
Page 3
DA.19 F TH05-TH08 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.20 F TH05-TH08 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.21 F TH05-TH08 Sections, prepared by Black Wood 7/03/2022
Architecture & design
DA.22 F Ground Floor Plan: TH09-TH12, prepared by 7/03/2022
Black Wood Architecture & design
DA.23 F Level One Floor Plan: TH09-TH012 prepared by 7/03/2022
Black Wood Architecture & design
DA.24 F TH09-TH12 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.25 F TH09-TH12 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.26 F TH09-TH12 Sections, prepared by Black Wood 7/03/2022
Architecture & design
DA.27 F Ground Floor Plan: TH13-TH16, prepared by 7/03/2022
Black Wood Architecture & design
DA.28 F Level One Floor Plan: TH13-TH16, prepared by 7/03/2022
Black Wood Architecture & design
DA.29 F TH13-TH16 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.30 F TH13-TH16 Elevations, prepared by Black 7/03/2022
Wood Architecture & design
DA.31 F TH13-TH16 Sections, prepared by Black Wood 7/03/2022
Architecture & design
DA.32 F Ground Floor Plan: TH17-TH18 + APT19- 7/03/2022
APT22, prepared by Black Wood Architecture &
design
DA.33 F Level One Floor Plan: TH17-TH18 + APT19- 7/03/2022
APT22, prepared by Black Wood Architecture &
design
DA.34 F TH17-TH18 + APT 19-22 Elevations, prepared 7/03/2022
by Black Wood Architecture & design
DA.35 F TH17-TH18 + APT 19-22 Elevations, prepared 7/03/2022
by Black Wood Architecture & design
DA.36 F TH17-TH18 + APT 19-22 Sections, prepared by 7/03/2022
Black Wood Architecture & design
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Document Set ID: 23576112
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DA.19
DA.20
DA.21
DA.22
DA.23
DA.24
DA.25
DA.26
DA.27
DA.28
DA.29
DA.30
DA.31
DA.32
DA.33
DA.34
DA.35
DA.36
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
THO5-THO8 Elevations, prepared by Black
Wood Architecture & design
THO5-THO8 Elevations, prepared by Black
Wood Architecture & design
THO5-THO8 Sections, prepared by Black Wood
Architecture & design
Ground Floor Plan: THO9-TH12, prepared by
Black Wood Architecture & design
Level One Floor Plan: THO9-TH012 prepared by
Black Wood Architecture & design
THO9-TH12 Elevations, prepared by Black
Wood Architecture & design
THO9-TH12 Elevations, prepared by Black
Wood Architecture & design
THO9-TH12 Sections, prepared by Black Wood
Architecture & design
Ground Floor Plan: TH13-TH16, prepared by
Black Wood Architecture & design
Level One Floor Plan: TH13-TH16, prepared by
Black Wood Architecture & design
TH13-TH16 Elevations, prepared by Black
Wood Architecture & design
TH13-TH16 Elevations, prepared by Black
Wood Architecture & design
TH13-TH16 Sections, prepared by Black Wood
Architecture & design
Ground Floor Plan: TH17-TH18 + APT19-
APT22, prepared by Black Wood Architecture &
design
Level One Floor Plan: TH17-TH18 + APT19-
APT22, prepared by Black Wood Architecture &
design
TH17-TH18 + APT 19-22 Elevations, prepared
by Black Wood Architecture & design
TH17-TH18 + APT 19-22 Elevations, prepared
by Black Wood Architecture & design
TH17-TH18 + APT 19-22 Sections, prepared by
Black Wood Architecture & design
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
Page 3 of 16
Page 4
DA.37 F Type A Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.38 F Type A1 Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.39 F Type B Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.40 F Type C Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.41 F Type D Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.42 F Type E Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.43 F Type F Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
DA.44 F External Materials & Finishes prepared by Black 7/03/2022
Wood Architecture & design
DA.46 G Landscape Area, prepared by Black Wood 30/03/2022
Architecture & design
DA.48 F Perspective 1, prepared by Black Wood 7/03/2022
Architecture & design
DA.49 G Perspective 2, prepared by Black Wood 13/05/2022
Architecture & design
DA.51 G Perspective 4, prepared by Black Wood 13/05/2022
Architecture & design
DA.52 G Perspective 5, prepared by Black Wood 13/05/2022
Architecture & design
DA.53 G Perspective 6, prepared by Black Wood 13/05/2022
Architecture & design
DA.54 G Perspective 7, prepared by Black Wood 13/05/2022
Architecture & design
DA.55 G Perspective 8, prepared by Black Wood 13/05/2022
Architecture & design
DA.58 A AO9 Accessibility Compliance, prepared by 7/03/2022
Black Wood Architecture & design
DA.59 A Type B1 Floor Plan, prepared by Black Wood 7/03/2022
Architecture & design
BA0.09 - West Fence Plan, prepared by Black Wood 29/06/2022
Architecture & design
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Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
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DA.37
DA.38
DA.39
DA.40
DA.41
DA.42
DA.43
DA.44
DA.46
DA.48
DA.49
DA.51
DA.52
DA.53
DA.54
DA.55
DA.58
DA.59
BAO.09
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
Type A Floor Plan, prepared by Black Wood
Architecture & design
Type A1 Floor Plan, prepared by Black Wood
Architecture & design
Type B Floor Plan, prepared by Black Wood
Architecture & design
Type C Floor Plan, prepared by Black Wood
Architecture & design
Type D Floor Plan, prepared by Black Wood
Architecture & design
Type E Floor Plan, prepared by Black Wood
Architecture & design
Type F Floor Plan, prepared by Black Wood
Architecture & design
External Materials & Finishes prepared by Black
Wood Architecture & design
Landscape Area, prepared by Black Wood
Architecture & design
Perspective 1, prepared by Black Wood
Architecture & design
Perspective 2, prepared by Black Wood
Architecture & design
Perspective 4, prepared by Black Wood
Architecture & design
Perspective 5, prepared by Black Wood
Architecture & design
Perspective 6, prepared by Black Wood
Architecture & design
Perspective 7, prepared by Black Wood
Architecture & design
Perspective 8, prepared by Black Wood
Architecture & design
AO9 Accessibility Compliance, prepared by
Black Wood Architecture & design
Type B1 Floor Plan, prepared by Black Wood
Architecture & design
West Fence Plan, prepared by Black Wood
Architecture & design
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
7103/2022
30/03/2022
7103/2022
13/05/2022
13/05/2022
13/05/2022
13/05/2022
13/05/2022
13/05/2022
7103/2022
7103/2022
29/06/2022
Page 4 of 16
Page 5
MCU21/0156.03 – Outdoor Covered Area for Unit 13
A103 - Proposed Site Plan, prepared by Collins Building 16.01.2025
Designs
A202 - Proposed Ground Plan, prepared by Collins 16.01.2025
Building Designs
A301 - North & East Elevations, prepared by Collins 16.01.2025
Building Designs
A401 - Building Cross Section S1, prepared by Collins 16.01.2025
Building Designs
Nature and Extent of Approved Use
3. Eighteen (18) small dwellings and 4 x other dwellings are approved.
Currency Period
4. This development approval lapses if the use has not happened by 4 April 2028, unless an
application to extend the currency period is approved by Council.
Built Form and Development Appearance
5. The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
7. Deleted
8. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
9. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
10. The refuse area must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
11. The development must use muted environmental colour tones that blend with the natural
environment.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. The cash bond or trading bank guarantee will be returned on performance of
the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Protection of Privacy
13. A maximum of 0.6m of fill is permitted within 1m of the boundary where adjoining a residential
use.
14. Screening devices for the upper decks of TH4, TH5 & TH8 must be provided as indicated on
the approved plans and where necessary to meet privacy conditions of this Decision Notice.
15. To ensure privacy is protected between adjoining properties to the north and east,
townhouses (TH) 1-8 must:
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Document Set ID: 23576112
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10.
11.
12.
13.
14.
15.
MCU21/0156.03 — Outdoor Covered Area for Unit 13
A103 - Proposed Site Plan, prepared by Collins Building | 16.01.2025
Designs
A202 - Proposed Ground Plan, prepared by Collins | 16.01.2025
Building Designs
A301 - North & East Elevations, prepared by Collins | 16.01.2025
Building Designs
A401 - Building Cross Section S1, prepared by Collins | 16.01.2025
Building Designs
Nature and Extent of Approved Use
Eighteen (18) small dwellings and 4 x other dwellings are approved.
Currency Period
This development approval lapses if the use has not happened by 4 April 2028, unless an
application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must not exceed 8 metres above the natural and
finished ground levels.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the
buildings do not exceed the maximum height requirement of this Decision Notice.
Deleted
All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like, except where required to satisfy any
privacy condition of this Decision Notice.
The refuse area must be of muted environmental tones to reduce the visual impact of the
infrastructure in the streetscape and suitably screened by landscaping where viewed from
the street.
The development must use muted environmental colour tones that blend with the natural
environment.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
start meeting. The cash bond or trading bank guarantee will be returned on performance of
the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Protection of Privacy
A maximum of 0.6m of fill is permitted within 1m of the boundary where adjoining a residential
use.
Screening devices for the upper decks of TH4, TH5 & TH8 must be provided as indicated on
the approved plans and where necessary to meet privacy conditions of this Decision Notice.
To ensure privacy is protected between adjoining properties to the north and east,
townhouses (TH) 1-8 must:
Page 5 of 16
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
Page 6
a. provide screening devices to upper level balconies; and/or
b. have a minimum window sill height or 1.7 metres above floor level; and/or
c. be fitted with translucent glazing; and/or
d. be fitted with fixed external screens..
Street Identification
16. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Fencing and Walls
17. The maximum height any fences adjoining a residential use must not exceed 2.0m above
the natural ground level at any point. If additional height is required to satisfy the acoustic
condition of this notice, this should be in accordance with an Operational Works approval.
18. Street fencing must be provided generally as shown on the approved plans.
19. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street. A mix of understorey and taller species
must be included.
20. A privacy fence must be constructed to the full length of the northern, southern and eastern
boundaries.
21. The fence along the boundary adjoining Lot 99 SP106085 and Lot 100 SP106085 (adjoining
visitor car spaces) must be constructed to prevent nuisance from car head lights and be
acoustically constructed to limit the transfer of noise. Written certification must be provided
to Council confirming the acoustic treatments have been incorporated.
Clothes Drying Areas
22. Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Community Management Statement
23. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
24. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
c. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
Land Amalgamation
25. All properties subject to the development must be amalgamated into a single lot prior to
endorsement of the first survey plan (plan seal) for the development and evidence of such
amalgamation must be submitted to Council.
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16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
provide screening devices to upper level balconies; and/or
have a minimum window sill height or 1.7 metres above floor level; and/or
be fitted with translucent glazing; and/or
aoe
be fitted with fixed external screens..
Street Identification
The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Fencing and Walls
The maximum height any fences adjoining a residential use must not exceed 2.0m above
the natural ground level at any point. If additional height is required to satisfy the acoustic
condition of this notice, this should be in accordance with an Operational Works approval.
Street fencing must be provided generally as shown on the approved plans.
The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street. A mix of understorey and taller species
must be included.
A privacy fence must be constructed to the full length of the northern, southern and eastern
boundaries.
The fence along the boundary adjoining Lot 99 SP106085 and Lot 100 SP106085 (adjoining
visitor car spaces) must be constructed to prevent nuisance from car head lights and be
acoustically constructed to limit the transfer of noise. Written certification must be provided
to Council confirming the acoustic treatments have been incorporated.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened
from public view.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The site includes a stormwater management and water quality treatment system.
b. | The stormwater management and water quality treatment system must be maintained
in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
Assets (Version 1).
Cc. The full cost of maintaining the system in accordance with the Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be included in the
proposed levies for each dwelling owner/body corporate.
Land Amalgamation
All properties subject to the development must be amalgamated into a single lot prior to
endorsement of the first survey plan (plan seal) for the development and evidence of such
amalgamation must be submitted to Council.
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Document Set ID: 23576112
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Page 7
Noise
26. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. 10pm to 7am: No audible noise.
27. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
Waste Storage
28. The developer 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. A bin wash area is required with a cold-water tap, hose
and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to
prevent storm water entry to the sewerage system.
29. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
ENGINEERING
External Works
30. Eumundi Noosa Road must be upgraded at the frontage of the development site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. Extending the raised concrete central median so it extends 6m past the southern side
of the proposed crossover and making any necessary adjustments to surrounding line
marking at the frontage of the site to accommodate this median extension; and
b. Removal of the existing property access crossovers to 89, 91 and 93 Eumundi Noosa
Road and reinstatement of the kerb and channel.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
31. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. Construction of a 2.0m wide concrete footpath and verge area to match the balance of
the site frontage, including the provision of topsoil and turf where the existing verge is
grassed generally in accordance with plan number 31131-C6.1 as prepared by SCG
Consulting Engineers.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
32. A sealed access driveway must be provided from Eumundi Noosa Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
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Noise
26. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. _ Air-conditioning and Refrigeration
i. 7am to 10pm: Maximum level allowable = background + 5dB(A)
ii. 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
i. 7am to 7pm: Maximum level allowable = background + 5dB(A)
ii. 7pm to 10pm: Maximum level allowable = background + 3dB(A)
iii. | 10pm to 7am: No audible noise.
27. Thecertification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies and with the requirements of this Decision Notice.
Waste Storage
28. The developer 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. A bin wash area is required with a cold-water tap, hose
and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to
prevent storm water entry to the sewerage system.
29. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
ENGINEERING
External Works
30. Eumundi Noosa Road must be upgraded at the frontage of the development site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. Extending the raised concrete central median so it extends 6m past the southern side
of the proposed crossover and making any necessary adjustments to surrounding line
marking at the frontage of the site to accommodate this median extension; and
b. Removal of the existing property access crossovers to 89, 91 and 93 Eumundi Noosa
Road and reinstatement of the kerb and channel.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
31. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. Construction of a 2.0m wide concrete footpath and verge area to match the balance of
the site frontage, including the provision of topsoil and turf where the existing verge is
grassed generally in accordance with plan number 31131-C6.1 as prepared by SCG
Consulting Engineers.
This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
32. A sealed access driveway must be provided from Eumundi Noosa Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
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Page 8
a. A driveway crossover generally in accordance with plan numbers 31131-C6.1 & 31131-
C6.2 as prepared by SCG Consulting Engineers and Councils Standard Drawing RS-
051.
Car Parking
33. A minimum of 34 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. A minimum of 34 covered parking spaces within the total;
b. A minimum of 8 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use;
c. 1 disabled parking space/s within the total; and
d. Dimensions, crossfalls and gradients must be in accordance with Australian Standard
AS2890: Parking Facilities.
34. Suitable ingress and egress to visitor car spaces must be demonstrated with any Operational
Works application. If this cannot be achieved, amended plans relating to this approval must
be submitted.
Stormwater Drainage
35. 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 the Queensland Urban Drainage Manual and be generally in accordance with SCG’s
Stormwater Management Plan, ref. 31131 (SWMP), Rev B, dated 02/03/2022 and plan
numbers 31131-SW1.1 Rev B, 31131-SW1.2 and 31131-SW1.5 as prepared by SCG
Consulting Engineers.
Services
36. Underground reticulated electricity and telecommunication services must be provided to
each unit in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
37. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
38. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
39. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
40. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
41. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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33.
34.
35.
36.
37.
38.
39.
40.
41.
a. | Adriveway crossover generally in accordance with plan numbers 31131-C6.1 & 31131-
C6.2 as prepared by SCG Consulting Engineers and Councils Standard Drawing RS-
051.
Car Parking
A minimum of 34 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. | Aminimum of 34 covered parking spaces within the total;
b. | Aminimum of 8 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use;
1 disabled parking space/s within the total; and
Dimensions, crossfalls and gradients must be in accordance with Australian Standard
AS2890: Parking Facilities.
Suitable ingress and egress to visitor car spaces must be demonstrated with any Operational
Works application. If this cannot be achieved, amended plans relating to this approval must
be submitted.
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 the Queensland Urban Drainage Manual and be generally in accordance with SCG’s
Stormwater Management Plan, ref. 31131 (SWMP), Rev B, dated 02/03/2022 and plan
numbers 31131-SW1.1 Rev B, 31131-SW1.2 and 31131-SW1.5 as prepared by SCG
Consulting Engineers.
Services
Underground reticulated electricity and telecommunication services must be provided to
each unit in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Page 9
Earthworks and Retaining Walls
42. All fill, associated batters and retaining structures, both above and below ground must be
contained entirely within the subject site unless written permission from the respective
landowner(s) is provided to Council. All earthworks must be undertaken in accordance with
an Operational Works approval and be generally in accordance with plan numbers 31131-
C3.1 – “Bulk Earthworks”, and 31131-C3.2 – “Earthworks Sections”, prepared by SCG
Consulting Engineers.
43. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
44. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Landscaping Works
45. The development site must be landscaped in accordance with Planning Scheme Policy PSP2
– Landscaping and cover at least 35% of the site. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific area
and must include in particular:
a. the works shown on the Approved Plans;
b. provide a planting and plant schedule including species and pot size;
c. a minimum 0.5 metre wide densely landscaped strip between the fence and the front
property boundary on Eumundi Noosa Road frontage of the subject site, in accordance
with the Plan BA0.09 – West Fence Plan, exclusive of the access driveway, generally
uncompromised by infrastructure items;
d. a minimum 1 metre wide densely landscaped strip planted at a maximum of 1.5m
centres behind the Eumundi Noosa Road frontage fence;
e. minimum 1 metre wide garden to the full length of both side boundaries and rear
boundary. The gardens must include screening trees planted at a maximum of 1.5m
centres and have a 200mm pot size. The trees must have a mature height of at least
6m;
f. landscaping required at front entry area;
g. suitable screening trees planted at a minimum 6m height and maximum 1.5m centres
around the edge of the bioretention in particular along the rear and side boundaries;
h. Provision of 1 street tree within the road reserve for every 8m of road frontage (location
considering sightlines);
i. 1 x 45 litre feature shade tree in each garden.
46. Bioretention area: The area provided is suitable for screening plantings of trees (eg.
melaleuca quinquinervia). Provide 45L trees at maximum 3m spacings within this area
outside of the filter media area to visually screen the development from adjacent properties.
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Earthworks and Retaining Walls
42. All fill, associated batters and retaining structures, both above and below ground must be
contained entirely within the subject site unless written permission from the respective
landowner(s) is provided to Council. All earthworks must be undertaken in accordance with
an Operational Works approval and be generally in accordance with plan numbers 31131-
C3.1 — “Bulk Earthworks”, and 31131-C3.2 — “Earthworks Sections”, prepared by SCG
Consulting Engineers.
43. Allretaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
44. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. — where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Landscaping Works
45. The development site must be landscaped in accordance with Planning Scheme Policy PSP2
— Landscaping and cover at least 35% of the site. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific area
and must include in particular:
a. the works shown on the Approved Plans;
b. provide a planting and plant schedule including species and pot size;
Cc. a minimum 0.5 metre wide densely landscaped strip between the fence and the front
property boundary on Eumundi Noosa Road frontage of the subject site, in accordance
with the Plan BAO.09 — West Fence Plan, exclusive of the access driveway, generally
uncompromised by infrastructure items;
d. a minimum 1 metre wide densely landscaped strip planted at a maximum of 1.5m
centres behind the Eumundi Noosa Road frontage fence;
e. minimum 1 metre wide garden to the full length of both side boundaries and rear
boundary. The gardens must include screening trees planted at a maximum of 1.5m
centres and have a 200mm pot size. The trees must have a mature height of at least
6m;
f. landscaping required at front entry area;
g. suitable screening trees planted at a minimum 6m height and maximum 1.5m centres
around the edge of the bioretention in particular along the rear and side boundaries;
h. Provision of 1 street tree within the road reserve for every 8m of road frontage (location
considering sightlines);
i. 1 x 45 litre feature shade tree in each garden.
46. Bioretention area: The area provided is suitable for screening plantings of trees (eg.
melaleuca quinquinervia). Provide 45L trees at maximum 3m spacings within this area
outside of the filter media area to visually screen the development from adjacent properties.
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Page 10
47. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
48. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Stormwater Drainage
49. 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 the Queensland Urban Drainage Manual, and must include in particular:
a. the works described in Site Based Stormwater Management Plan (prepared by SCG
Consulting Engineers, dated 02/03/2022);
b. the use of gravity stormwater drainage and not surcharge pits;
c. Design of the internal roadway drainage to ensure all floor level including garages
(particularly on the downslope side of the internal roadway) are not inundated in the
1%AEP climate change event at Year 2100;
d. Design of the internal drainage system to ensure all flows in the 1%AEP climate change
event at Year 2100 reach the detention basin;
e. Updated analysis for the portion of the site discharging to Eumundi-Noosa Rd either
demonstrating that the roadway flow criteria of QUDM (Section 7.4) are still achieved
in the road for the 1%AEP event despite the increase in discharge from the site, or
provision of detention for this part of the site such that non-worsening discharge to the
road is achieved.
Stormwater
50. In conjunction with the application for Operational Works approval, provide CCTV survey of
the downstream stormwater network and demonstrate that the system has the capacity
assumed in the Stormwater Management Plan (prepared by SCG Consulting Engineers,
dated 02/03/2022). Maintenance and rectification of the system is to be undertaken if
required to restore system capacity, prior to commencement of works within the development
site.
Stormwater Quality Management
51. A stormwater quality treatment system must be provided for the development. 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:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in Site Based Stormwater Management Plan (prepared by SCG
Consulting Engineers, dated 02/03/2022)
b. bioretention devices which:
i. are modified to include a maintenance access ramp from the internal roadway to
the floor of the basin with minimum width of 2.5m;
ii. are designed generally in accordance with the Bioretention Technical Design
Guidelines (Water by Design, 2014)
iii. are designed generally in accordance with IPWEA Standard Drawing No. DS-
073, DS-075, DS-076, and DS-078
iv. are provided with a free-draining outlet from the sub-soil drainage system
c. Rainwater storage and reuse consistent with the Site Based Stormwater Management
Plan (prepared by SCG Consulting Engineers, dated 02/03/2022)
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47. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
48. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Stormwater Drainage
49. 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 the Queensland Urban Drainage Manual, and must include in particular:
a. the works described in Site Based Stormwater Management Plan (prepared by SCG
Consulting Engineers, dated 02/03/2022);
b. the use of gravity stormwater drainage and not surcharge pits;
Cc. Design of the internal roadway drainage to ensure all floor level including garages
(particularly on the downslope side of the internal roadway) are not inundated in the
1%AEP climate change event at Year 2100;
d. Design of the internal drainage system to ensure all flows in the 1%AEP climate change
event at Year 2100 reach the detention basin;
e. Updated analysis for the portion of the site discharging to Eumundi-Noosa Rd either
demonstrating that the roadway flow criteria of QUDM (Section 7.4) are still achieved
in the road for the 1%AEP event despite the increase in discharge from the site, or
provision of detention for this part of the site such that non-worsening discharge to the
road is achieved.
Stormwater
50. In conjunction with the application for Operational Works approval, provide CCTV survey of
the downstream stormwater network and demonstrate that the system has the capacity
assumed in the Stormwater Management Plan (prepared by SCG Consulting Engineers,
dated 02/03/2022). Maintenance and rectification of the system is to be undertaken if
required to restore system capacity, prior to commencement of works within the development
site.
Stormwater Quality Management
51. A stormwater quality treatment system must be provided for the development. 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:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in Site Based Stormwater Management Plan (prepared by SCG
Consulting Engineers, dated 02/03/2022)
b. bioretention devices which:
i. are modified to include a maintenance access ramp from the internal roadway to
the floor of the basin with minimum width of 2.5m;
ii. are designed generally in accordance with the Bioretention Technical Design
Guidelines (Water by Design, 2014)
iii. are designed generally in accordance with IPWEA Standard Drawing No. DS-
073, DS-075, DS-076, and DS-078
iv. are provided with a free-draining outlet from the sub-soil drainage system
Cc. Rainwater storage and reuse consistent with the Site Based Stormwater Management
Plan (prepared by SCG Consulting Engineers, dated 02/03/2022)
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Page 11
52. Permanent educational signage must be erected to educate the public about the function of
the bioretention device(s).
53. All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all
maintenance activities undertaken must be kept and made available to Council upon request
54. Any proposed Community Management Statement required for the development must
include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
must include the full cost of maintaining the system in accordance with Water by Design
(2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the
system must be included in the proposed levies for each unit owner.
Erosion and Sediment Control
55. In conjunction with the application for Operational Works approval, provide an erosion and
sediment control plan, prepared in accordance with Best Practice Erosion and Sediment
Control (IECA, 2008) and which achieves the construction phase stormwater design
objectives of the State Planning Policy 2017. In addition, the ESCP is to demonstrate how
the downstream residential properties will be protected from increases in peak flows and
contaminated (with sediment) site runoff through all stages of construction.
DEMOLITION
Performance Bond
56. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Works
57. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
58. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator
prior to issue of a development permit for Building Works for demolition, removal or
relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
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52.
53.
54.
55.
Permanent educational signage must be erected to educate the public about the function of
the bioretention device(s).
All stormwater quality treatment devices must be maintained in accordance with the Water
by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). Records of all
maintenance activities undertaken must be kept and made available to Council upon request
Any proposed Community Management Statement required for the development must
include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and
must include the full cost of maintaining the system in accordance with Water by Design
(2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the
system must be included in the proposed levies for each unit owner.
Erosion and Sediment Control
In conjunction with the application for Operational Works approval, provide an erosion and
sediment control plan, prepared in accordance with Best Practice Erosion and Sediment
Control (IECA, 2008) and which achieves the construction phase stormwater design
objectives of the State Planning Policy 2017. In addition, the ESCP is to demonstrate how
the downstream residential properties will be protected from increases in peak flows and
contaminated (with sediment) site runoff through all stages of construction.
DEMOLITION
56.
57.
58.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator
prior to issue of a development permit for Building Works for demolition, removal or
relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. | The areas for the storage and separation of waste shown on a site plan;
b. | Awaste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled — reused or disposed; and
Cc. Table — Waste Management Table
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Page 12
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
59. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
60. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the
satisfaction of Council so as to not cause nuisance to the surrounding area.
61. All waste materials must be removed from site.
Litter, erosion and sediment control
62. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
63. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
64. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
65. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
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59.
60.
61.
62.
63.
64.
65.
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste | Estimated On-site Off-site *specify contractor
materials volume(m?) *specify proposed | “specify contractor | and landfill site or
re-use or on-site | and recycling outlet | other disposal site
recycling methods
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s
and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 2 — Landscaping and to the
satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
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Page 13
66. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
67. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD);
b. Provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased; and
c. Maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures.
Infrastructure Charges
4. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Aboriginal Cultural Heritage Act 2003
5. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH Act can also issue stop orders for an activity
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66. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
67. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019 that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider's sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. | The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. Apreliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD);
b. Provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased; and
Cc. Maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures.
Infrastructure Charges
4. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qid.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Aboriginal Cultural Heritage Act 2003
5. | There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
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 ACH Act can also issue stop orders for an activity
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Page 14
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 Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
6. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
7. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
8. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU21/0156 separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plan/s not be submitted, the applicant is advised that a
Preliminary Approval for OPW may be issued in lieu of a Development Permit.
Balance Lot for Staged Building Format Plans
9. In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of
the development such that a Building Format Plan is registered with a balance lot for future
development will first require a Development Permit for Reconfiguring a Lot be obtained from
Council.
Sustainability
10. In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
11. Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except
where in an appliance used for domestic heating or cooking purposes, which must comply
with particular Standards. Any area identified as a fire pit area on approved plans is to be in
accordance with Local Law & Subordinate Local Law No. 3, Schedule 3. Refer to the
following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
7. PROPERTY NOTES
Not applicable
8. VARIATION APPROVAL DETAILS
Not applicable.
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10.
11.
7.
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 Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. _ the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
Cc. the Disability (Access to Premises — Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Councils Development Assessment
Branch with the Reference No. MCU21/0156 separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plan/s not be submitted, the applicant is advised that a
Preliminary Approval for OPW may be issued in lieu of a Development Permit.
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of
the development such that a Building Format Plan is registered with a balance lot for future
development will first require a Development Permit for Reconfiguring a Lot be obtained from
Council.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building
design for residential and commercial development. Council encourages the use of
sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems
(including the use of inverter/charges), water saving devices and rainwater harvesting. For
further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except
where in an appliance used for domestic heating or cooking purposes, which must comply
with particular Standards. Any area identified as a fire pit area on approved plans is to be in
accordance with Local Law & Subordinate Local Law No. 3, Schedule 3. Refer to the
following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
PROPERTY NOTES
Not applicable
8.
VARIATION APPROVAL DETAILS
Not applicable.
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Page 15
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access, carparking, Stormwater, Drainage work,
Earthworks, Landscaping, Vegetation Clearing.
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Georgina Schramm
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 4 April 2022
• Negotiated Decision Notice – 1 June 2022, with an amendment to
conditions 2, 15 & 25; delete condition 7.
• Decision Notice – Minor – MCU21/0156.01 – 8 July 2022; Amend
conditions 2 & 45.
• Decision Notice – Generally in Accordance – MCU21/0156.02; 20
February 2024,
• Decision Notice – Minor – 25 February 2025, amend condition 2.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works — Access, carparking, Stormwater, Drainage work,
Earthworks, Landscaping, Vegetation Clearing.
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Cel wom
Georgina Schramm
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
e Original Decision Notice — 4 April 2022
e Negotiated Decision Notice — 1 June 2022, with an amendment to
conditions 2, 15 & 25; delete condition 7.
e Decision Notice — Minor —- MCU21/0156.01 — 8 July 2022; Amend
conditions 2 & 45.
e Decision Notice — Generally in Accordance —- MCU21/0156.02; 20
February 2024,
e Decision Notice — Minor — 25 February 2025, amend condition 2.
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Page 16
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
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
aLGIP; 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.
Document Set ID: 23576112
Version: 3, Version Date: 25/02/2025
(3)
(4)
(5)
(6)
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.
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.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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)
(2)
(3)
(4)
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.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 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.
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) adeemed 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)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
Page 16 of 16
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