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Minor Change Existing Approval 132000 200173.1

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                                                              Officer:            Samuel Osakwe
                                                              Direct Telephone:   07 53296316
                                                              Our Reference:      132000.200173.1
                                                              Your Reference:     20220681

               2 July 2024


               Mr CRE Kelly
               C/- Adapt Development Management P/L
               Level 1/103 Sippy Downs Dr
               SIPPY DOWNS QLD 4556
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 22 March 2023, 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:               132000.200173.1

                   Street address:               2 Arakoon Cres Sunshine Beach Qld 4567

                   Real property description:    Lot 783 RP 48111

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 7 June 2000 – DA 19449
               •       Development Permit for Material Change of Use of Premises – Extensions to a dwelling
                       house in a Sand Dune Problem Area
               In relation to the request to make a minor change to the existing approval, Council on 26 June
               2024, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Include the following additional conditions.
               C.      Include reference documents.
               D.      Include Advisory Notes.
               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
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               4.     ASSESSMENT MANAGER CONDITIONS

               Building
               1.     Approval is to comply with relaxations granted 2nd May 2000 under 06387 (variation of
                      standard siting requirements).
               Land Development
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans comprise those drawn by Peter R
                      Dowling & Associates and dated March 2000 and as may be amended by these conditions.
               3.     The development must be undertaken and operate din a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance, or other emissions.
               4.     Existing trees on the site and within road reserves are to be retained, except where required
                      to be removed due to building operation or the conduct of the approved use.
               5.     This Development Permit for a materials change of use of premises lapses if:-
                      5.1     The use or erection of a building or other structure associated with the use, has not
                              been commenced with four (4) years of the date of issue of the Development Permit,
                              unless application is made and approved by Council for an extension; or
                      5.2     The use of any premises pursuant to to the Development Permit ceases.
               6.     Prior to the commencement of the development, the following Development Permits must be
                      obtained:-
                      6.1     Development Permit for building works;
                      The developer must obtain all of the other Development Permits referred to the above, prior
                      to obtaining a Development Permit for building works, unless the Council agrees otherwise.
               7.     The proposal is to comply with the requirements of the Beach Protection Authority.
                      Additional Conditions – 26 June 2024
                      Approved Plans
               8.     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

                         WD.105        DA2     Site Setout Plan prepared by Aboda Design Group 13.10.23
                                               (Annotated by Council)

                         WD.201        DA2     Lower Level Plan prepared by Aboda Design 13.10.23
                                               Group

                         WD.202        DA2     Main Level Plan prepared by Aboda Design Group 13.10.23

                         WD.203        DA2     Upper Level Plan prepared by Aboda Design 13.10.23
                                               Group

                         WD.501        DA2     North Elevation prepared by Aboda Design Group     13.10.23

                         WD.502        DA2     South Elevation prepared by Aboda Design Group 13.10.23

                         WD.503        DA2     West Elevation prepared by Aboda Design Group      13.10.23



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                           WD.504       DA2     East Elevation prepared by Aboda Design Group        13.10.23

                           WD.601       DA2     Sections (A+B) prepared by Aboda Design Group        13.10.23

                           WD.602       DA2     Sections (C+D) prepared by Aboda Design Group        13.10.23

                           WD.603       DA2     Sections (E+F) prepared by Aboda Design Group        13.10.23

                           WD.604       DA2     Sections (G) prepared by Aboda Design Group          13.10.23

                           D.RFI 06     -       Tree 14 – Front Fence prepared by Aboda Design 28.10.22
                                                Group

                      Building Height
               9.     The maximum height of the development must not exceed 8 metres above the ground level.
                      Environment
               10.    Sediment or any other material including building materials or waste products must not be
                      deposited or released into the road reserve, stormwater drain or adjacent properties.
                      Landscaping Works
               11.    A minimum of 20% of the site must be retained as soft landscaping.
               12.    Existing trees on the site must be retained, except where required to be removed to
                      accommodate the approved dwelling.
               13.    Existing vegetation in the road reserve must be retained, unless written authorisation from
                      Council is granted for the clearing.
               14.    Trees to be retained must be protected from clearing or construction activities by:
                      a.      clearly marking vegetation to be retained with flagging tape
                      b.      installing protective fencing around the drip line of the vegetation
                      c.      restricting stockpiling, storage and vehicle parking to those areas which are already
                              cleared
                      d.      using low impact construction techniques around vegetation.
               15.    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.
                      Retention of Existing Trees and Vegetation
               16.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               17.    A qualified person * must be engaged for the duration of the works to:
                      a.      Ensure works are carried out in accordance with the approved Arborist Report
                      b.      Oversee installation of all tree protection fencing prior to commencement of any works
                              onsite (including any clearing).
                      c.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS 4970, Protection of trees on
                              development sites.
                      d.      Oversee approved tree removal in proximity to retained trees.
                      e.      Oversee fence installation adjacent tree 14 on approved plan D.RFI 06 dated
                              5/10/2023, titled Tree14- Front Fence.


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                      *(Refer to Advisory Note)

                      Fauna Management
               18.    Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
                      etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
                      has left vegetation or has been relocated by a qualified fauna spotter catcher.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               19.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      Legal disposal of all removed vegetation and debris.
                      *(Refer to Advisory Note)
                      Site Access and Driveways
               20.    A sealed access driveway must be provided from The Esplande to all parking and
                      manoeuvring areas of the development. The works must be undertaken in accordance with
                      an Operational Works approval, be generally in accordance with Westera Partners’
                      Stormwater Management Plan (S22-174-SW01) and Stormwater Typical Details (S22-174-
                      SW02) dated January 2023, and must be site to:
                      a.      Minimise impacts on Council’s road reserve (i.e., earthworks, vegetation removal); and
                      b.      Maximise separation from the Arakoon-Esplande intersection.
                      Stormwater Drainage
               21.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken generally in accordance with Westera Partners’
                      Stormwater Management Plan (S22-174-SW01) and Stormwater Typical Details (S22-174-
                      SW02) dated January 2023 and endorsed through the building permit.
               22.    Stormwater runoff disposed of on-site must be done so without causing scour or damage to
                      the subject site or any adjoining property.
                      Easements
               23.    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.
               24.    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.
               25.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability
               26.    All works must be carried out in accordance with the recommendations contained in
                      Tectonic’s Geotechnical Investigation (22484-001-Rev0) dated 24 February 2023.
                      The report must be revised to address recommendations for the Coastal Hazard Assessment
                      by Haskoning Australia Pty Ltd dated 15 March 2024 to ensure the proposal will not be
                      impacted upon by Coastal Hazard.
               27.    A footing system and erosion protection system must be designed for the proposed
                      development to withstand the short-term erosion associated with a 500-year average
                      recurrence interval storm event combined with shoreline recession due to sea-level rise for
                      2100 climate change.


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                      a.      The short-term erosion associated with a 500-year average recurrence interval storm
                              event combined with shoreline recession due to sea-level rise for 2100 climate change
                              to be considered for the design as per the recommendations of the Royal Haskoing
                              DHV report Coastal Hazards Assessment by Royal Haskoning DHV dated 13 February
                              2023.
                      b.      The footing system and erosion protection system must in accordance with the works
                              detailed in the Tectonic report Geotechnical Investigation dated 24 February 2023 and
                              other supporting documents referenced in the Tectonic report.
                      c.      The design must include the protection of the northern and southern boundaries of the
                              site to prevent erosion on neighbouring properties exposing the side boundaries of the
                              site to erosion.
                      d.      The design must be accompanied by certification by a Registered Professional
                              Engineer of Queensland (RPEQ) specialising in geotechnical engineering that the
                              design is satisfactory and will provide a long-term factor of safety concerning slope
                              stability of no less than 1.5.
               28.    Following construction, certification must be supplied to Council by an RPEQ specialising in
                      geotechnical engineering that the works have been constructed in accordance with the
                      approved design.
               29.    A dilapidation survey shall be carried out of all adjacent properties and structures before the
                      commencement of construction of the proposed development on the site.
               30.    Due to the risk of instability on the existing dune slope and the potential for settlement of
                      loose sand on the adjacent properties, vibrations must be kept to a minimum and must be
                      monitored during the construction of the development. Driven piles (both sheet piles and pile
                      footings) are not permitted on the site.
               31.    Landscaping at the rear of the property and the crest of the existing dune slope shall be
                      limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is
                      carried out to demonstrate that higher loads are acceptable.
               32.    Under no circumstances shall building materials be temporarily stockpiled in the area of the
                      crest of the existing dune slope or on the slope.
               33.    Discharge of concentrated stormwater flows onto the dune slope must be avoided, and under
                      no circumstances will subsurface disposal of water be permitted using infiltration pits.
               34.    Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected
                      and directed by pipes into the Council stormwater system along Seaview Terrace.
               35.    The existing dune slope and any areas disturbed by the construction of the proposed
                      development shall be revegetated as soon as possible to reduce the potential for erosion.
                      Earthworks and Retaining Walls
               36.    All earthworks must be carried out in accordance with the letter by Westera Partners dated
                      31 Oct 2023 and accompanying plans.
               37.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission form the respective landowner(s) is provided to Council. All earthworks
                      must be undertaken in accordance with the provisions of Australian Standard AS3798:
                      Guidelines on Earthworks for Commercial and Residential Developments.
               38.    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.




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                      Damage to Services and Assets
               39.    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.
                      Coastal Protection
               40.    Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
                      construction, constructed of light weight materials (e.g. timber) and be dark in colour to blend
                      with the natural landscape.
               41.    Gates must not be installed along the eastern property boundary to gain direct access to the
                      beachfront.
               42. External colours and finishes must be of muted/environmental tones that blend with the
                   natural environment and low-reflective roofing and cladding materials.
               5.     REFERENCE DOCUMENTS

                      Document/Plan      Rev.         Document Name                            Date
                      No.

                      PA3303             S0/P01.01 Coastal     Hazard    Assessment 15 March 2024
                                                   prepared by Haskoning Australia Pty
                                                   Ltd

                      2248-001           0            Geotechnical Investigation prepared 24 February 2023
                                                      by    Tectonic   Geotechnical     &
                                                      Environmental Engineers

                      SS22-003           1            Stormwater Management Report 30 October 2023
                                                      prepared by Westera Partners

                      S22-174-SW01       -            Stormwater    Management          Plan January 2023
                                                      prepared by Westera Partners

                      S22-174-SW02       -            Stormwater Typical Details prepared January 2023
                                                      by Westera Partners

                      -                  2            Arboricultural Impact Assessment, 22/02/2023
                                                      prepared by, Consult Arborist




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               6.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                     Response
                                       Address
                Concurrence            SARA at DILGP SARA         Schedule 9, Part 3,           The agency provided its
                                       at DILGP Via MyDAS2        Division 1, Table 1 –         response on 19
                                       at https://prod2.dev-      premises seaward of           January 2024
                                       assess.qld.gov.au/suite    coastal building line.        (Reference No. 2312-
                                       / (for assistance,                                       38102 SRA). A copy of
                                       contact DILGP at 5352                                    the response is
                                       9701 or                                                  attached
                                       email:[email protected]

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Equitable Access and Facilities
               1.     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.
                      Infrastructure Charges
               2.     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.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               3.     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
               4.     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
               5.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Traffic management during all phases of construction;
                      b.      Adequate parking arrangements for works and deliveries;
                      c.      appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD); and




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                      d.      provision for safe vehicle and pedestrian access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
                      Qualified Person
               6.     Qualified Person, for the purpose of:
                      a.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and Specifying Trees – a guide to
                              assessment of tree quality (NATSPEC) assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      b.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      Retention of Existing Trees
               7.     The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
               8.     PROPERTY NOTES

               Not applicable
               9.     VARIATION APPROVAL DETAILS

               Not applicable
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                    Subject of the required Development Permit

                Development Permit for Building Works                  All building work.

               11.    SUBMISSIONS

               Not applicable
               12.    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.
               13.    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,




               Samuel Osakwe
               Development Planner




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               Enc:     Referral Agency Response
                        Appeal Rights
                        Infrastructure Charge Notice
                        Approved Plans/Documents
               cc.      [email protected]



               DECISION NOTICE HISTORY
               •     Original Decision Notice – 7 June 2000.

               •     Decision Notice - Minor 132000.200173.1 – 24 June 2024,
                     additional conditions 8-42, include reference documents, include
                     Advisory Notes.




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                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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2312-38102 SRA

Premises seaward of coastal building line

SARA reference: 2312-38102 SRA
Assessment manager: Core Building Certification
Street address: 2 Arakoon Crescent, Sunshine Beach
Real property description: Lot 783 on RP48111
Applicant name: Christopher Kelly
Applicant contact details: c/- Adapt Planning and Development
PO Box 7618
Sippy Downs QLD 4556
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this

decision. It has been determined that this decision does not limit
human rights.

Representations

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Matthew Holznagel, Principal Planning Officer, on 3452 7546 or via
email SEQNorthSARA@¢sdilgp.qid.gov.au who will be pleased to assist.

Yours sincerely

Garth Nolan
Manager (Planning)

cc (Christopher Kelly, c/-Adapt Town Planning and Development Management
[email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions

 

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2312-38102 SRA

Attachment 1—Referral agency conditions

{Under section 56[1)(D)()) of the Planning Act 2076 the following conditions must be atlached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)

 

 

No. | Conditions | Condition timing
Building work for alterations to a dwelling house, construction of swimming pool and fence

Schedule 9, Part 3, Division 1, Table 1 — Premises seaward of coastal building line—The chief
executive administering the Planning Act 2016 nominates the Director-General of the Department of
Environment, Science and Innovation to be the enforcement authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to the

 

 

 

following condition(s):
1. The building works must be carried out generally in accordance with | Prior to the issue of the
the following plans: Certificate of

(a) Stormwater Management Plan prepared by Westera Partners ification’ Final
dated 01/2023, reference S22-174-SW01. Classification! Final

(b) Stormwater Typical Details prepared by Westera Partners Inspection Certificate
dated 01/2023, reference S22-174-SWO02. or prior to the

(c) Lower Level Plan prepared by Aboda Design Group dated commencement of use,
13/10/2023, reference WD.201, revision DA2. whichever comes first,

(d) Main Level Plan prepared by Aboda Design Group dated and to be maintained at
13/10/2023, reference WD.202, revision DA2. all times.

(e) Upper Level Plan prepared by Aboda Design Group dated
13/10/2023, reference WD.203, revision DA2.

2. For the building work, only use clean materials which are free from For the duration of the

prescribed water contaminants. works.

3. Development must prevent the release of sediment to tidal waters by | For the duration of the
installing and maintaining erosion and sediment control measures in | works.

accordance with the Best Practice Erosion and Sediment Control
(BPESC) guidelines for Australia (International Erosion Control

 

 

 

 

Association).
4. Submit “As Constructed drawings” to [email protected] or mail —_| Within 20 business
to: days of the completion
Department of Environment, Science and Innovation of the works.
Permit and Licence Management
GPO Box 2454
Brisbane Qid 4001
5. (a) In the event that the works cause disturbance or oxidisation of | (a) Upon disturbance
acid sulfate soil, the affected soil must be treated and thereafter | or oxidisation until the
managed (until the affected soil has been neutralised or affected soil has been
contained) in accordance with the current Queensiand Acid neutralised or
Sulfate Soil Technical Manual: Soil management guidelines, contained

prepared by the Department of Science, Information
Technology, Innovation and the Arts, 2014.

(b) Submit certification from an appropriately qualified person on _| (b) At the time soils
acid sulfate soil, confirming that the affected soil has been have been neutralised
neutralised or contained in accordance with (a) above to or contained
[email protected] or mail to:

Department of Environment, Science and Innovation
Permit and Licence Management
GPO Box 2454
Brisbane Qid 4001.
Note: Appropriately qualified person(s) means a person or persons

 

 

 

 

 

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2312-38102 SRA

 

who has professional qualifications, training, skills and experience
relevant to soil chemistry or acid sulfate soil management and can
give authoritative assessment, advice and analysis in relation to acid
sulfate soil management using the relevant protocols, standards,
methods or literature.

 

 

 

 

 

State Assessment and Referral Agency Page 4 of 7

 

 

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2312-38102 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.

 

 

 

 

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2312-38102 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for the SARA's decision are:

* The proposed development is for alterations and additions to a detached dwelling house located at 2
Arakoon Crescent, Sunshine Beach.

« The subject site is located within the mapped erosion prone area and a coastal building line exists on
the property. The development involves building works seaward of the coastal building line and
triggers referral assessment under schedule 9, part 3, division 2, table 1 of the Planning Regulation
2017.

* SARA has assessed the development application against the State development assessment
provisions, State code 8: Coastal development and tidal works. SARA has determined the
development can comply with State code 8, subject to conditions.

Material used in the assessment of the application:

the development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.0), as published by SARA

the Development Assessment Rules

SARA DA Mapping system

section 58 of the Human Rights Act 2019

Attachment 4—Representations about a referral agency response
provisions

 

(page left intensonaby blank)

Stale Assessment and Referral Agency Page 6 of 7

 

 

 

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2312-38102 SRA

Attachment 5—Documents referenced in conditions

 

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State Assessment and Referral Agency Page 7 of 7

 

 

 

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Document Set ID: 23086532

Version: 3, Version Date: 02/07/2024

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Document Set ID: 23086532
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Document Set ID: 23086532
Version: 3, Version Date: 02/07/2024

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Document Set ID: 23086532
Version: 3, Version Date: 02/07/2024


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Document Set ID: 23086532

Version: 3, Version Date: 02/07/2024

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Document Set ID: 23086532
Version: 3, Version Date: 02/07/2024


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Page 19 of 20
Document Set ID: 23086532

Version: 3, Version Date: 02/07/2024

Page 20

                                                                              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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Document Set ID: 23086532
Version: 3, Version Date: 02/07/2024

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