SUPERSEDED - Decision Letter - Change to an Existing Approval (APPROVES CHANGES TO NUMEROUS CONDITIONS & REFUSES CHANGE TO CONDITION 23 RE: PERMENANT ACCOMMODATION · 132006.823.05

buffer to the intermittent creek.
The Developer shall not commence any development on Site until the Manager – Land Development, approves the Stormwater Management Plan. The Developer may amend the stormwater management plans only with the prior written approval of the Manager – Land Development, which is not to be unreasonably withheld.
The stormwater management plan shall take into account matters specified in section 19.4 of the Environmental Protection (Water) Policy 1997.
Key water quality objectives to be reflected in the stormwater management plan are the protection of aquatic ecosystems in both the intermittent creek draining the site and within the receiving waters and the Noosa River, as well as primary contact recreational standards within the receiving waters.  This plan shall ensure the following water quality objectives are achieved prior to water exiting the stormwater system and entering the 10 metre buffer zone during construction and operational phases of the development:
212.1	Suspended Solids < 50mg/L
212.2 	pH = 6.5 to 8.5
and during operational phase of the development Total Phosphorous and Total Nitrogen reduced as per the requirement of the “Water Sensitive Urban Design – Developing Design Objectives for water sensitive urban development in South East Queensland” Version 1 – 12 October 2006 details in its Table 2.1
The stormwater management plan for the entire Site shall address:
Construction, establishment and operational phases.
For the establishment and operational phases for the Resort, at least two per year event and three monthly campaign based water quality monitoring for:
Total Nitrogen
Total Phosphorus
Suspended Solids & Turbidity
pH
Salinity
Temperature
Dissolved Oxygen
Trash & gross pollutants
Algal count and identification (on event basis and following monitoring to ensure remediation is successful)
Faecal coliforms
The monitoring shall continue for a period of 3 years from completion of the final stage of construction.
For the construction phase for the Resort, at least two per year event and monthly campaign based water quality monitoring for:
Suspended Solids & Turbidity
Temperature
Salinity
Trash & gross pollutants
Dissolved Oxygen
In addition to the above, inspections for erosion and deposition, and build up of trash and gross pollutants should be carried out on a weekly basis during the construction period and corrective measures implemented.
An operational phase water quality management plan shall be prepared to address basin landscape zone and water treatment device water quality maintenance requirements for stormwater management measures and devices, contingency measures for aquatic plant growth, loss of vegetation in swales and filter strips, pollution response and algal blooms and should include a mosquito management strategy.
Responsibilities are to be clearly delineated.
Non-compliance with prescribed water quality standards should trigger the implementation of measures/further testing to rectify.
Monthly reports on monitoring, incidents, corrective action and plan updates are required to be submitted to Council.  These reports are to be submitted in a form acceptable to the Manager – Land Development and are to highlight any non-standard results.
Any stormwater outlet to the creeks on the Site are to be stabilised with appropriate energy dissipation and local armouring.  Regular monitoring of creek erosion is required with appropriate corrective action specified to ensure a stable creek system.  All work to be undertaken to minimise impacts on the Environmental Values of the creek system.
The operational stage components of the stormwater management plan shall be included in the community management statements for all bodies corporate having control of any part of the Site and assign responsibilities for compliance in terms of the reasonable satisfaction of the Manager – Land Development.
The Developer shall provide details of the size and design of the necessary sediment basins for the control of sediment on the site within the Erosion and Sediment Control Plan and the Stormwater Management Plan.
Upper track flow diversions are to be designed to divert up to the ARI 10 year event or greater.
Water Quality
The Developer is to install water quality control devices generally in accordance with the Council’s Planning Scheme Policy and to achieve the specified water quality objectives for the site.  Detailed plans and specifications are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for either operational works, building works, plumbing works or drainage works and are to be to the reasonable satisfaction of the Manager – Land Development.
Drainage
The Developer is to complete the drainage works progressively in conjunction with development of the site.  Detailed drainage plans and specifications are to be prepared and submitted (after consultation with officers of the Council) with the relevant applications for either operational works, building works, plumbing works or drainage works and are to be to the reasonable satisfaction of the Manager - Land Development. All drainage works are required to be provided by the Developer at its own cost.
Boulder Fence
Prior to the commencement of building works in the areas to be protected by the boulder retention fences, the Developer shall construct steel boulder retention fences (being a Geobrugg rockfall protection system or similar) or other approved rockfall protection devices to the reasonable satisfaction of a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering.  Certification by the RPEQ will be submitted to Council prior to the use commencing.
The final locations of the boulder retention fences are to be determined on site by agreement between the Manager – Land Development and the Developer having regard to the protection of vulnerable plants and their habitat.  Approximate locations of the boulder fences are shown on the Site Plan Drawing no.: 1013 DA-01-01 Issue 4 dated 30 August 2006 and prepared by JMA Architects.
Geotechnical
Conditions are to be undertaken:
by an experienced Registered Professional Engineer of Queensland having geotechnical qualifications;
to the reasonable satisfaction of the Manager – Land Development; and
prior to lodgement of any development applications for building or operational works.
The Developer shall prepare and implement a treatment strategy for areas of existing fill with unknown compaction history, including reference to the expected extent of areas of disturbance.  The intention of this strategy is to address areas of existing fill within the development area.  This strategy shall be in accordance with requirements of the EPA and contaminated areas on the site.
The stability of the steep slopes above the proposed, Blocks A, B, C, D,  E and G, shall be subject to a detailed assessment.  The assessment shall include:
sufficient sub-surface investigations to assess the depth of colluvial soils in these areas;
circular and non-circular methods of analysis;
the effects of groundwater as perched water tables and/or water filled tension cracks.
Slope stabilisation measures, if required, shall be identified and implemented.
A qualified geo-technical engineer shall undertake further assessment of areas of fissured clays and provide details of engineering support that will reduce the risk of slope instability for the subject buildings. The type of engineering support shall be designed to ensure no impacts on existing vegetation, particularly within the 10 metre setback zone to the creek. An RPEQ shall design and certify that all footing excavations have been undertaken to best practice and are structurally sound for the site conditions.
An RPEQ shall design the footings for all building works that require earthworks within the fissured clay areas as identified by Golder Associates. The RPEQ shall certify that these footing designs are structurally sound for the site conditions.
The Developer shall provide to Council an assessment of the effects of de-watering of any basement excavations for the Resort buildings.
Filling and Excavation
Detailed plans and specifications based on and generally in accordance with the Engineering Drawings in relation to earthworks (and prepared after consultation with the Manager – Land Development) are to be submitted with the relevant applications for either plumbing, drainage, building or operational works.
All filling and/or excavation works are to be carried out strictly in accordance with any development permits for plumbing, drainage, building or operational works, and approved management plans.
Retention systems for the Resort Central Facilities Building and the Resort Residential Buildings are to be as per details of geotechnical reports prepared by Golder Associates.  Where required, excavated faces in rock should have appropriate ground support measures to contain potentially unstable rock wedges.  These could include shotcrete, rock bolts, rock anchors or alternative engineering support systems. Certification shall be submitted to Council following building works detailing that the engineering support systems are stable and satisfactory for the life of the project.
Detailed plans and specifications detailing earthworks for all roads (and prepared after consultation with the Manager – Land Development) are to be submitted with the relevant applications for either plumbing, drainage, building or operational works.
Earthworks associated with all roads are to be completed in accordance with any development permits for plumbing, drainage, operational or building works, and approved management plans.
Retaining walls in the resort area are to make provision for Koala movement through the area, where applicable.
All proposed fill material is to be tested by an approved geotechnical testing authority (NATA registered) and the results submitted for approval by the Manager - Land Development.  Compaction and fill is to be carried out under Level 1 supervision in accordance with Australian Standard – AS 3798 – 1996.  Following completion of filling, compaction tests are to be certified by an RPEQ and certification submitted to Council. Development permits for building works will not be issued for areas of filling unless the fill compaction tests are to the reasonable satisfaction of the Manager – Building Services.
Filling that will result in the pondage of water on or off the Site (other than any works associated with the approved drainage system) will be prohibited.
All disturbed areas are to be revegetated within 10 days following completion of earthworks to reduce erosion and transport of sediments.
All material removed from the Site is to be disposed of in an appropriate manner and only at locations approved by a Local Government or the Environmental Protection Agency.
Contaminated soil currently contained within the containment cell on the site, shall be removed in accordance with Environmental Protection Agency requirements.
All material stockpiles on the Site must be in a location approved in the Environmental Management Plan or otherwise approved by the Manager – Land Development, which approval is not to be unreasonably withheld.
Civil Engineering
The earthworks and services for the resort must be confined to the perimeters of the developable area and shall not be located within the 10 metre buffer setback to the intermittent creek.
The Developer must bear the cost of alteration of any public utility or other facilities necessitated by the development of the Site or associated construction works external to the Site.
Public Walkways
The Developer shall construct the pathways to link Morwong Drive with Viewland Drive.  The Public Walkways shall be built prior to the Resort use commencing.
The Public Walkways shall be a mixture of timber boardwalk, concrete pavement, and other materials subject to the satisfaction of Manager - Land Development.
The Developer is to provide lighting along the Public Walkway from the Morwong Villas to the southern end of Building Blocks E & F.
The Public Walkway linking Morwong Drive with Viewland Drive is to have a minimum width of 2 metres up to the Building Block V and a minimum width of 1.6 metres thereafter.  In any sections where the public pathway is proposed to be a shared zone, speed limits shall be reduced to 10km/hr.
Detailed plans and specifications for the Public Walkway shall be prepared to the reasonable satisfaction of the Manager – Land Development.
An easement shall be created over the Public Walkways in favour of the Council.  The easement shall be prepared by the Shire Solicitor at the cost of the Developer.  The terms of the easement shall be to the reasonable satisfaction of the Shire Solicitor.  In particular, but without limitation, the easement shall provide for:
access for the Council, its servants, agents, employees and others authorised by the Council (including the general public) to pass and repass over the servient tenement at times of the day to be agreed by the Council and the Developer;
the Developer is to be responsible for the repair, maintenance and rebuilding, if required, of the Public Walkway from Morwong Drive to Viewland Drive.
The Developer shall provide sufficient “wayfinding” signage to ensure pedestrians can easily navigate from Hastings St to Viewland Drive on the proposed public pathways through the site.
Private Walkways
The Developer may construct the private walkways as shown on the Site Plan to the outdoor viewing platform and pool and deck east of A Block.
The private walkways shall be constructed using timber boardwalk, stone, dark coloured concrete or such other materials subject to the approval of Council.  The private walkways shall be constructed using minimum earthworks.
Detailed plans and specifications for the private walkways are to be submitted to Council for approval prior to the issue of a Development Permit for Operational Works- Landscaping for the Resort.
Sewerage
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.
The Developer must, at its own cost, construct a series of private reticulation sewers within the Resort, which are to be discharged into the proposed Council sewer main at an approved connection point.
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.
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 both Plumbing Works and Building 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.
Water supply to the Resort is to be by connection into existing water mains adjacent to the site.

Other Services
The Developer shall provide Electricity, a TV antennae system and Telecom services to the resort.  All electricity and Telecom services shall be provided underground.
All electricity and Telecom services are to be contained with the existing road reserve, external to the Site.  The Developer is to provide street lighting on-site.
Traffic – External
Traffic Management Plan
The Developer shall submit a Traffic Management Plan prepared by a Registered Professional Engineer of Queensland specialising in traffic management for approval by the Manager – Land Development with the lodgement of any application for operational works for the Site.
The Traffic Management Plan shall include, but not be limited to, the following:
construction vehicle management;
the number of construction vehicle movements per day on Viewland Drive to ensure impacts on residents are limited;
car park provisions during construction.
limited access management during construction hours;
signage management;
operational vehicle management; and
speed limit requirements.
Traffic Management for Morwong Drive and Viewland Drive
Access to the Resort is to be via Viewland Drive from 7:00 am to 7:30 pm and from Morwong Drive from 7:00 pm to 7:30 am.
Appropriate signage to the reasonable satisfaction of the Manager – Land Development and Manager Land Use advising guests, visitors, employees and invitees of the Resort of the access arrangements is to be erected.  A sign shall be provided at the Morwong Drive cul-de sac head.
Guests of the Resort are to be informed at the time of making a reservation of the access arrangements on Site.
Emergency services, local taxi companies and bus and tour operators are to be informed of the access arrangements on Site.
The Developer is to provide sufficient information at the Morwong Drive entrance to the Resort and at the Viewland Drive entrance to the Resort to enable a person seeking to enter the Resort to locate the alternative access if the access initially chosen by the person is closed.
The Developer must construct, to the reasonable satisfaction of the Manager – Land Use, a control mechanism and sufficient turning movements on Site to ensure the split time access regime is enforced.  Such control mechanism will include control barriers that cannot be operated by guests or visitors of the Resort to gain access to the Resort outside of the hours specified in these conditions.  A gate shall be installed at the northern end of the resort access road (Alma Way) on Lot 888 where it joins with Morwong Drive but south of the Halse Lodge entry and shall be accessible at all times to the residents of the ‘Viridian Residences’ on Lot 13 on SP151409; or alternatively the gate shall be installed in a location to the reasonable satisfaction of the Manager Land Development.
Vehicles must not be driven on Alma Way after 7:00pm or parked on Alma Way at any time south of the southern most gate, ie between that gate and the Viewland Drive exit.
Morwong Drive
No construction vehicles are to use Morwong Drive for access to the Site.
Alma Way
Entry to the Resort Site is not to be constructed as a cross-over, but as a street extension with different pavement to distinguish entry and appropriate signage to be installed, subject to the approval of the Manager – Land Development, which approval shall not be unreasonably withheld.
The formal entry will be positioned so it does not cause vehicles to egress in reverse when access is prohibited from Morwong Drive.
Details of any proposed estate entrance sign shall be submitted in conjunction with an application for a development permit for operational works for either road works or landscaping.  The applicable fee at the time the application is made shall accompany the application.
Viewland Drive
Immediately following the completion of construction of the Resort, the Developer shall reseal Viewland Drive with a minimum 30mm thick AC surface seal to Council specifications from Noosa Drive to the uphill side of the access facility in accordance with best practice methods.
The entry from Viewland Drive will allow queuing of at least four cars clear of the road entering the Site from the street.  It will also cater for turnaround facilities on the entry side of the gatehouse.
Vehicular access is to be focused on the Resort Central Facilities Building – V Block, which is to provide the formal entrance destination.  The balance of the Resort is to be serviced by way of a series of internal roadways.
Details of any construction works described in this condition are to be included in an application for a development permit for carrying out operational works.
Details of any proposed estate entrance sign shall be submitted in conjunction with an application for a development permit for operational works for either road works or landscaping.  The applicable fee at the time the application is made shall accompany the application.
Traffic – Internal
Detailed plans and specifications for all Internal Roads are to be submitted with the relevant applications for either operational works or building works.
The maximum width of internal roads is to be 5.5 metres.  The maximum desirable grade of the internal roads is 15 percent as per Council’s Planning Scheme Policy PSP5. Details of any sections where the grade is proposed to be greater shall be submitted with Operational Works application for roadworks, together with justification for this non-compliance with Council’s Policy.
All retaining walls and bridge design and construction are to be certified by a Registered Professional Engineer of Queensland for the life of the development.
The internal road design must meet the technical criteria contained in the Queensland Streets Manual to establish vertical and horizontal geometry for access routes.
A speed limit of 20km/h will be imposed throughout the Resort.  If in practice vehicles in Alma Way frequently exceed the 20km/h speed limit or cause a noise nuisance to neighbouring residents further reasonable measures to control the speed of vehicles are to be implemented at the direction of the Manager – Land Development.

Driveway Access
Detailed plans showing driveway accesses to each villa and car park and specifications are to be submitted with the relevant applications for either operational works or building works and are to be to the reasonable satisfaction of the Manager - Land Development.
All driveway accesses shall be designed and constructed to Council’s design standards, AS2890.1-2004 and Queensland Streets and to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any 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.
To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the driveway and any associated fencing or vegetation near the driveways shall comply with the minimum sight line requirements as defined in AS2890.1, section 3.2.4.
	The application shall demonstrate compliance with AS2890.1, section 3.2.4, for the basement entrances of Buildings V, D and other relevant accesses to buildings and the interactions with the public pathway internal to the site, illustrating these sight lines on the plans submitted for Operational Works approval.
Carparking
Off Street
A Car Parking Management Plan shall be submitted to Council and shall be to the reasonable satisfaction of  the Manager Land Use prior to the issue of a development permit for Operational Works detailing, at a minimum:
Compliance with AS2890.1-2004,
Construction parking provisions,
Operational on-site carpark provisions addressing the following issues:
  Parking spaces within the Resort will not be titled, other than Resort Villa (Block A, B, C, E, F & J) Garage spaces.  Resort Villa Car parking spaces shall remain within the pool of car parking spaces for the resort at all times;
The theatrette located in Building D will be used for resort operations only and will not be available for public use;
At check-in, guests (with cars) will be allocated a parking bay for the duration of their stay.  Guests will be advised of their allocated parking bay location and provided with details how to access this parking space;
At check-in guests will be advised that any external visitors they may invite to the site shall utilise the available at-grade parking spaces or contact reception to be allocated a short-term parking space;
During peak times guest carparking spaces may not be located within the same building as their accommodation unit (if staying within Buildings D, G, H or I);
All tandem carspaces shall be managed by valet carparking or other arrangements satisfactory to Council;
Persons without cars shall be allocated rooms wherever possible in Buildings I or H.
Carspaces in Building V and I shall be made available and directions erected  for restaurant and conference room external  customer use in order to meet demand;
A 22 seat bus shall be available a minimum to provide a shuttle service for airport transfers, conference facilities and event management.  The operator / caretaker may charge for these services;
  The 4 car spaces located in the immediate vicinity of resort reception will be limited to drop-off and pick-up and reception functions;
  Staff carparking will be allocated whenever possible to tandem spaces including those in Building V or otherwise in basement carparks.
284.3.12.	A minimum of 11 spaces in the immediate vicinity of the Health Spa will be clearly signed for Health Spa Parking only. When booking spa treatments, external guests will be advised of the proximity of Health Spa to Hastings Street, the direct pathway network between the Spa and Hastings Street and the limited amount of parking provided on site.
  Upon booking a reservation, guests (particularly inter-state or international visitors) will be encouraged not to use a motor vehicle (ie. hire car) during their stay. The guest will be advised of the provision of all essential services within close walking distance of the resort;
  An airport pick-up/drop-off service between the site and Maroochy Airport will be provided. This service will be offered on an as-needed basis.
  Conference attendees not utilising on-site accommodation and not located within walking distance of the site will be advised that there is no on-site parking facilities and offered a morning and afternoon shuttle bus service;
  The resort operator shall make available 10 scooters for use by resort guests.  The resort operator may enter into a service agreement witha scooter hire business to ensure the availability of scooters for resort guests. Bookings for which shall be through the resort reception desk.  The resort operator / caretaker may receive a commission for such service; and
  Resort staff will be encouraged to utilise non-private car modes such as walking, cycling and public transport. It is noted that the site is well positioned with relation to Noosa’s public transport and pathway network.
Carparking shall be provided within the site as shown on drawing number 1013 DA-01-09 Issue 5 dated 28 November 2006 prepared by JMA Architects Pty Ltd, except as modified herein.
A minimum of 320 carpark spaces, of which 292 are covered carpark spaces, 28 are uncovered; maximum 66 (33 x 2), are tandem spaces, shall be provided on site, including 9 clearly defined disabled carpark space.  Parking spaces within the Resort shall not be titled, with exception of the Villa Garages Car parks, which may be titled however shall remain as part of the Resort car parking pool.
A minimum of 39 scooter park spaces will be provided on site.
The carparking area 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.
The proposed turning area at the end of any aisle 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.
The parking areas and access to the areas must be paved or sealed to the reasonable satisfaction of the Manager - Land Development.
The operator of the Resort shall provide adequate carparking spaces on site for staff of the Resort, alternatively staff may utilise the 22 constructed street-side bays on Viewland Drive detailed in SK 2004 Issue C.  The operator shall not instruct staff to park elsewhere off-site. The community management statement for any or all bodies corporate having control of any part of the Resort shall reflect this condition.
The operational phase of the Resort following completion of construction, shall comply with the following:
Buses are to be limited to 22 seat capacity shuttle buses.
Delivery vehicles for provisions, linen, etc are to be rigid vehicles not exceeding 11 metres in length.
Garbage removal vehicles are to be limited to standard garbage trucks and/or standard vehicles for the delivery/removal of garbage compacters.
Service garbage and delivery vehicles may operate only between the hours of 8.00am and 5.00pm Monday to Saturday.
Attunga Heights - Lot 27 on RP89506.
The future use of Alma Way and adjacent public pathways (including connections) by vehicles and pedestrians ingressing/egressing Lot 27 on RP89506 is to be in accordance with the relevant conditions imposed in the Development Approval granted by the Minister for Local Government and Planning in respect of Lot 27 on RP89506.  Access shall be permitted in accordance with these conditions.
Earthworks
All earthworks are to be undertaken in accordance with approved engineering drawings and shall be certified by a suitably qualified Registered Professional Engineer of Queensland at design and constructed stage.
All related management plans will be complied with during the performance of the earthworks.
No earthworks shall occur within the 10 metre setback to the intermittent creek.
All earthworks shall be part of an operational works application in accordance with the Integrated Planning Act 1997.
Filling works required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses. Detailed site surveys indicating natural surface levels and contours of the adjoining properties must be provided with the application for a Development Permit for Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path within the development site that caters for drainage from the adjoining sites for a design storm with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of Water encompassing the drainage pipes or overland flow-path will also be required. In this regard a Development Permit for Operational Works shall be obtained.

Should evidence be provided to Council indicating that no additional ponding of stormwater will occur on the adjoining properties the requirement for the drainage pipes, overland flow-path and easement shall not apply.
Certification
All engineering, stormwater management and building works described in this development approval are to be certified by a suitably qualified Registered Professional Engineer of Queensland at both the design and the construction stage.  The certification should show that the engineer is satisfied that all construction has taken place in accordance with the design and the relevant Australian Standards and used best practice methods.
Fire Management Plan
A fire management plan shall be prepared by a suitably qualified person with proven expertise in the preparation and implementation of fire management plans, stating recommendations for reasonable and practicable fire protection measures.
The fire management plan may be prepared in conjunction with the Noosa Fire Brigade, if they are willing to assist.
The Fire Management Plan shall demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
The Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990.
The fire management plan shall address the following matters to the reasonable satisfaction of the Manager – Land Use:
expected behaviour of fire on the Site;
fire hazard management actions and risk minimisation strategies;
fuel load management and consequent fire hazard within vegetated areas;
setback zones, proposed building construction methods, materials and design;
gutter treatment to avoid the collection of leaves;
fire hydrant locations;
access for fire fighters;
landscaping measures to reduce fire risk;
access between structures and vegetated areas;
fire suppression and evacuation procedures;
how the ecological values, vulnerable plant species, habitat values and the visual and amenity values of the vegetation will be retained/protected;
required infrastructure - vehicle access tracks, fire breaks, hydrants, etc;
maintenance requirements for the above infrastructure;
how fires on-site will be prevented from crossing onto the adjacent National Park and adjoining residential properties;
coordination with Queensland Parks and Wildlife Service’s fire management activities and procedures;
coordination with other relevant organisations and agencies;
owners and operators training and responsibilities;
implementation procedures.
The fire management plan shall be submitted to Council in conjunction with an Operational Works Application with respect to the Site.
The Fire Management Plan shall be approved by the Manager – Land Use.
The Developer shall comply with the fire management plan and compliance with the fire management plan shall be addressed by the community management statement of any or all bodies corporate having control of any part of the Site.
The Developer may amend the fire management plan only with the prior written approval of the Manager – Land Use, which is not to be unreasonably withheld.
Information to be Provided to Registered Proprietors
The Developer must provide a bushfire information kit to purchasers of allotments on Site.    The bushfire information kit must be prepared to the reasonable satisfaction of the Manager – Land Use.
Service Easements
All existing easements located over Council assets or to provide access within the Lot 888 SP 186498 shall be retained, unless otherwise approved by Manager Land Development.
A registered easement shall be created over any stormwater drainage pipes within the site that collect stormwater from a Council road or convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from additional ponding/flooding due to the subject site being filled).
No building or other structure shall be constructed or encroach over an easement.
Vegetation Protection & Preservation
Vehicular pavements within the drip zone of any of the existing trees on site to be retained shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement 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 the temporary fencing prior to obtaining a Development Permit for Operational Works.
Where retained tress are located in areas proposed to 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.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP17 and PSP16 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.
Water Supply	$1,122,673
Sewerage	$786,733
TOTAL	$1,909,406

All headworks contributions must be paid prior to the commencement of the Use.

In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
General
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed design drawings and calculations shall be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of all services and structures.  All of which shall be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data shall be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied and accepted by Council.
Additional conditions (21/01/2009)
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 contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions
(Land provided & dedicated in lieu under previous approvals 12592 DA & 23206 DA)	Nil
PSP16 – Sewerage Headworks Contributions	$3,338
PSP17 – Water Supply Headworks Contributions	$4,416
PSP20 – Pathway Trunk Network Contributions
(Coastal trunk pathway P1/21 (Hastings St to Noosa Hill lookout) constructed in lieu under previous approvals 12592 DA & 23206 DA)	Nil
TOTAL Contribution Amount =	$7,754
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of contributions will incur an administration fee in accordance with Council’s Land Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the paid contributions and/or the trading bank guarantee will be returned.

Additional conditions (18/11/2009)
Prior to the commencement of resort operations over the site, a complete set of architectural plans shall be submitted for the development.  The plans shall reflect all subsequent approved changes to the development since its original approval of 15 February 2007
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 contribution amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For:	Amount:
PSP12 – Public Open Space Contributions
(Land provided & dedicated in lieu under previous approvals 12592 DA & 23206 DA)	Nil
PSP16 – Sewerage Headworks Contributions	$7,350
PSP17 – Water Supply Headworks Contributions	$3,775
PSP20 – Pathway Trunk Network Contributions
(Coastal trunk pathway P1/21 (Hastings St to Noosa Hill lookout) constructed in lieu under previous approvals 12592 DA & 23206 DA)	Nil
TOTAL Contribution Amount =	$11,125
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane from JUNE 2009 until the date of payment.
All contributions must be paid prior to the commencement of use.

referral agency conditions
The referral agencies applicable to this application are:
Referral Trigger	Referral Status	Referral Agency	Referral Address
The site contains contaminated land	Concurrence	Environmental Protection Agency	GPO Box 2771              BRISBANE QLD 4001
The lot contains category 1,2 or 3 area shown on  a property map of assessable vegetation	Concurrence	Department of Natural Resources & Water	PO Box 383                     GYMPIE QLD 4570
A copy of any referral agency conditions is attached.
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 informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $982,874 and is subject to variations in the Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
2.	The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	1 Dwelling	Visitor Accommodation - Type 4 – Conventional 	104 x 1 bedroom units
49 x 2 bedroom units
45 x 3 Bedroom Units
Multiple Housing – Type 4 Conventional	2 x 2 bedroom units

Commercial Business – Type 2 – Medical	9 Consulting Rooms

Entertainment & Dinning – Type 1 – Food & Beverage	Function Room = 1063 m2 Use Area
Restaurant or Café –
Standard = 107 m2 Use Area
Outdoor Dining = 415 m2 Use Area

Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness	Licensed = 22 m2 Use Area
Unlicensed = 331 m2 Use Area

Entertainment & Dinning Business – Type 3 – Bar	Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area

Openm Space Type 1 – Sport and Recreation	Commercial Pool - 775 m2 Use Area
3.	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.
4.	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.
5.	The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
5.1	On a Sunday or public holiday, at any time; or
5.2	On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
6.	We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the provision of disabled facilities, and that access to this building and the provision of sanitary facilities may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of Australia.
7.	Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, 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.
8.	Council does not consider the use of the street name “Little Hastings Street” to be acceptable as it is confusing with the other street names of Hastings Street and Upper Hastings Street.

Building Services
9.	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:
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;
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;
Any services and facilities in the building complex must allow independent, dignified and equitable use of the services and facilities for all people.
10.	At the date of adoption of The Noosa Plan, the siting of structures is nominated in Schedule 1.   Land Use section will assess the siting of all structures.
11.	The following information is provided as a guide to assess the siting of the pools.
11.1	The swimming pools on the two duplexes are proposed to be constructed with a setback of approximately 0 metres from the outermost projection to the front boundary.
11.2	A swimming pool is a structure by definition and would generally need to comply with setback requirements applicable to a Class10B structure, under the planning scheme they may be considered as part of the landscaping elements applicable to the development.
11.3     Swimming pools, where the minimum distance from the water to the road frontage is: -
(A) 	where the vertical distance to the coping above the finished ground level is not more than 1.2m – 1.5m; or
(B) 	where a solid wall or fence at least 1.8m high above finished ground level is constructed between the water and the road frontage and the top of the wall or fence is at least1.0m above the top of the coping of the pool.
11.4	Prior to the commencement of the development, a plumbing assessment must be obtained from Noosa Council’s Plumbing Services Section in accordance with the Plumbing & Drainage Act 2002 (as applicable).
11.5	No assessment has been carried out in regard to exits, the fire services, fire separation, fire resistance levels, disabled access or facilities. The building certifier will assess these aspects as part of the building application.
Additional advice conditions (21/01/2009
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 for the estimated amount of $1,412 and is subject to variations in the Consumer Price Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is advised that development contributions and infrastructure charges applicable to this development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Visitor Accommodation - Type 4 – Conventional 	104 x 1 bedroom units
49 x 2 bedroom units
45 x 3 Bedroom Units	Visitor Accommodation - Type 4 – Conventional 	105 x 1 bedroom units
48 x 2 bedroom units
46 x 3 Bedroom Units
Commercial Business – Type 2 – Medical	9 Consulting Rooms
551 m2 Use Area	Commercial Business – Type 2 – Medical	9 Consulting Rooms
551 m2 Use Area
Entertainment & Dinning – Type 1 – Food & Beverage	Function Room = 1063 m2 Use Area
Restaurant or Café –
Standard = 107 m2 Use Area
Outdoor Dining = 415 m2 Use Area	Entertainment & Dinning – Type 1 – Food & Beverage	Function Room = 1063 m2 Use Area
Restaurant or Café –
Standard = 107 m2 Use Area
Outdoor Dining = 415 m2 Use Area
Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness	CMRNICP = 207 m2 Use Area
Water & Sewerage  = Licensed = 22 m2 Use Area
+ Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna)	Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness	CMRNICP = 207 m2 Use Area
Water & Sewerage  = Licensed = 22 m2 Use Area
+ Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna)
Entertainment & Dinning Business – Type 3 – Bar	Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area	Entertainment & Dinning Business – Type 3 – Bar	Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area
Open Space Type 1 – Sport and Recreation	Water & Sewerage only = Commercial Pool - 775 m2 Use Area	Open Space Type 1 – Sport and Recreation	Water & Sewerage only = Commercial Pool - 775 m2 Use Area

Additional advice conditions (18/11/2009
The applicant is informed that approval of this change to a development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $14,531 and is subject to variations in the Consumer Price Index, All Groups Brisbane from JUNE 2009 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is advised that development contributions and infrastructure charges applicable to this change to a development approval have been based on the following Uses Class/ Uses and applicable quantities:-

Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Visitor Accommodation - Type 4 – Conventional 	105 x 1 bedroom units
48 x 2 bedroom units
46 x 3 Bedroom Units	Visitor Accommodation - Type 4 – Conventional 	105 x 1 bedroom units
50 x 2 bedroom units
44 x 3 Bedroom Units
Commercial Business – Type 2 – Medical	9 Consulting Rooms
551 m2 Use Area	Commercial Business – Type 2 – Medical	9 Consulting Rooms
551 m2 Use Area
Entertainment & Dinning – Type 1 – Food & Beverage	Function Room = 1063 m2 Use Area
Restaurant or Café –
Standard = 107 m2 Use Area
Outdoor Dining = 415 m2 Use Area	Entertainment & Dinning – Type 1 – Food & Beverage	Function Room = 1063 m2 Use Area
Restaurant or Café –
Standard = 107 m2 Use Area
Outdoor Dining = 415 m2 Use Area
Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness	CMRNICP = 207 m2 Use Area
Water & Sewerage  = Licensed = 22 m2 Use Area
+ Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna)	Entertainment & Dinning Business – Type 2 – Recreation, amusement and fitness	CMRNICP = 207 m2 Use Area
Water & Sewerage  = Licensed = 22 m2 Use Area
+ Unlicensed = 331 Use Area (185 m2 + 146 m2 Building I gym/sauna)
Entertainment & Dinning Business – Type 3 – Bar	Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area	Entertainment & Dinning Business – Type 3 – Bar	Hotel – Lounge Bar and Beer Garden = 146 m2 Use Area
Retail Business -Type 2 – Shop & Salon	Nil 	Retail Business -Type 2 – Shop & Salon	43 m2 Use Area
Open Space Type 1 – Sport and Recreation	Water & Sewerage only = Commercial Pool - 775 m2 Use Area	Open Space Type 1 – Sport and Recreation	Water & Sewerage only = Commercial Pool - 775 m2 Use Area

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (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 that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations under the ACH Act.
property notes
Not applicable
preliminary approval overriding 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 & Access, Roadworks, Frontage Works, Stormwater Drainage, Site Civil Works, Excavation of Materials, Erosion & Sediment Control & Filling of the Site
self assessable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Decision Notice:
Advertising Devices Code
SUBMISSIONS
There were seven properly made submissions about the application.
Reasons / grounds for approval despite conflict with scheme
Not applicable
Rights of Appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Integrated Planning Act 1997 is attached.
other details
Should you wish to obtain more information about Council’s decision electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY
Original Decision Notice issued 15 February 2007.
Negotiated Decision Notice issued 19 April 2007 with amendment to Conditions 5, 20, 35.2, 42.1, 66, 68, 70, 71, 73, 83, 140, 162, 167, 176, 182, 204, 212, 213.2.9, 213.3, 237, 242, 258, 263, 283, 284.3.1, 284.11, 286, 292, 306, deletion of Condition 42.6
Compiled Decision Notice issued 27 February 2008 with amendment to Conditions 1, 2, 20, 284.3.12, 286, 315 & Advice Conditions 1 & 2.
Change to an Existing Approval issued 21 January 2009 with amendment to Conditions 1, 2, 18 & 20 and inclusion of one additional condition (Condition 323) and two advice conditions (Advice Conditions 12 & 13).
Change to an Existing Approval issued 18 November 2009 with amendment to Conditions 1, 2, 20, 107, 284.3.9 and 284.3.15. Inclusion of two additional conditions (Conditions 324 & 325) and two additional advice conditions (Advice Conditions 14 & 15).
Yours faithfully,
Kerri Coyle
COORDINATOR PLANNING APPLICATIONS (NORTH)

	Referral Agency Conditions – Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

	Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

The following is an extract from the Integrated Planning Act (Chapter 4).
Division 8 - Appeals to court relating to development applications
Appeals by applicants
4.1.27.(1) An applicant for a development application may appeal to the court against any of the following-
the refusal, or the refusal in part, of a development application;
a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6;
the decision to give a preliminary approval when a development permit was applied for;
the length of a relevant period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
Appeals by submitters
4.1.28.(1) A submitter for a development application may appeal to the court about-
the giving of a development approval, including any conditions (or lack of conditions) or other provisions of the approval; or
the length of a relevant period for the approval.
(2) The appeal must be started within 20 business days (the “submitters appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.
(3) If a person withdraws a submission before the application is decided, the person may not appeal the decision.
(4) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.
(5) If an application is processed under section 6.1.28(2), appeal rights for submitters for the application are available only for the aspects of the development that would have required public notification under the repealed Act.
(6) If an application involves assessment against a concurrence agency code, appeal rights for submitters for the application are not available against the part of the approval that represents the concurrence agency’s response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits of its jurisdiction, appeal to the court about the giving of a development approval for a development application if-
the development application involves impact assessment; and
the advice agency told the applicant and the assessment manager to treat its response to the application as a submission for an appeal.
(2) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
Appeals for matters arising after approval given (co-respondents)
4.1.30.(1) For a development approval given for a development application, a person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request for extension of the relevanrt period for an approval;
a notice giving a decision on a request to make a minor change to an approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Subsection (1)(a) does not apply if the approval resulted from a development application (superseded planning scheme) that was assessed as if it were an application under a superseded planning scheme.
Also, a person who has made a request mentioned in subsection (1) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (4) may be started at any time after the last day the decision on the matter should have been made.
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given (no co-respondents)
4.1.31.(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
a notice giving a decision on a request to change or cancel a condition of a development approval.
a notice under section 6.1.44 giving a decision to change or cancel a condition of a development approval.
The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
Also, a person who has made a request mentioned in subsection (1)(a) may appeal to the court against a deemed refusal of the request.
An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
Appeals against decisions to change approval conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a decision made on an application to change the conditions attached to an approval given under section 2.19(3)or section 4.4 of the repealed Act may appeal to the court against-
the decision; or
a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be started within 20 business days after the day notice of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a decision of a local government or the conditions applied under a local law about the use of premises or the erection of a building or other structure permitted by the planning scheme may appeal to the court against the decision or the conditions applied.
(2) The appeal must be started within 20 business days after the day notice of the decision is given to the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may appeal to the Building and Development Tribunal against any of the following-
the refusal, or the refusal in part, of a development application;
a matter stated in a development approval, including any condition applying to the development, and the identification of a code under section 3.1.6;
the decision to give a preliminary approval when a development permit was applied for;
the length of a period mentioned in section 3.5.21 relevant period;
a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant’s appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.
The Registrar for the Building and Development Tribunal may be contacted at the website http://www.localgovernment.qld.gov.au/
For Infrastructure Charges Only
4.1.36 Appeals about particular infrastructure charges
(1)	 This section applies to a person who has been given, and is dissatisfied with, an infrastructure charges notice or a regulated State infrastructure charges notice.
(2) 	The person may appeal to the court against the notice.
(3) 	The appeal must be started within 20 business days after-
(a)	 if the notice is given because of a development approval or master plan approval-the day the applicant is given notice of the decision about the approval; or
(b)	 otherwise-the day the notice is given to the person.
(4)	 An appeal under this section may only be about-
(a)	whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or
(b)	 an error in the calculation of the charge.
(5)	 To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish the charge in the relevant infrastructure charges schedule or regulated State infrastructure charges schedule.
 Section 3.1.6 (Preliminary approval may override local planning instrument)
 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)
 Section 3.1.6 (Preliminary approval may override local planning instrument)

		2006/823

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