Decision Notice - Approved by Delegation of Authority OPW21 0032

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	OPW21/0032 : JElder
Your Reference:	D07328
19 February 2021
Electrical Reticulation
Design Services Pty Ltd
PO Box 578
MORNINGSIDE  QLD  4170

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 February 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW21/0032
Street address:	1 Taylor Ct Cooroy Qld 4563
Real property description:	Lot 6 SP 197517
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Electrical and Street Lighting
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
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 Description	Date
S0601369 Sheet 1 of 2	B	Notes and Legend; Locality Plan; Summary Schedule Prepared by ERDS	02/02/2021
S0601369 Sheet 2 of 2	B	Schedule, Schematic; Site Plan; Commissioning Plan Prepared by ERDS	02/02/2021
Site Specific Condition
Electrical conduits or other services proposed to be installed within existing and/or proposed road reserves under any existing road pavement, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Prior to Commencement of Construction
Council must be advised of the appointment of a Principal Contractor in terms of the Work Health and Safety Act 2011.
Any construction works to be undertaken in the vicinity of Public or Council's existing (on-maintenance or off-maintenance) infrastructure must not adversely affect the integrity of the infrastructure. Any damage to the external road pavement, pathway or any municipal infrastructure as a direct consequence of construction activities associated with this approval shall be remedied by the applicant at no cost to Council or to the service provider.
The work site and the areas could be affected by the works must be photographed prior to any works commencing on the site and be submitted to Council.
Electrical Reticulation
Electrical reticulation works cannot commence until they are fully approved by Energex and a copy of the Energex approval has been submitted to Council.
Electrical works must be coordinated with other civil works associated with development permit approval for Reconfiguring A Lot ref: RAL20/0017 and all related OPW approvals and must not be in conflict with any existing or proposed infrastructures and services.
Any electrical pillar or power pole must be located clear of the any water meters and Unitywater infrastructures in accordance with Unitywater and Energex guidelines.
Any electrical pillar or power pole must has a minimum clearance of 1.0m from edge of roads and driveways unless approved otherwise in writing by Energex.
General
All works must be constructed and work procedure undertaken in accordance with:
All the relevant codes and policies of The Noosa Plan, particularly Section: SC6.7.5 of PSP 6 – Engineering Design Standards;
Provision of the Work Health and Safety Act and such other legislation as is applicable to workplace health and safety;
The list of approved plans of this Decision Notice, the conditions of this Decision Notice and the relevant conditions of the higher order approval development permit approval for Reconfiguring A Lot ref: RAL20/0017 and all related OPW approvals.
Any conflict between the proposed works and any existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
All works associated with this permit approval must be carried out in a safe manner for the members of the public without adverse or undue impact on other properties or the users of the roads and pathways network, where required all traffic control signage must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).
The applicant must ensure sediment from the work site does not leave the site or ends into the street stormwater drainage system, watercourses and/or wetlands due surface runoff or on tyres of vehicles and/or machineries. It is essential to implement appropriate approved erosion and sediment control measures as may be necessary during all phases of works and that non-essential exposure of soil is prevented by restricting the extent of clearing and minimising the duration of soil exposure to adverse weather conditions. Disturbed areas must be stabilised without delay and prior to rainfall occurring.
The supervising Consultant must ensure that the works have been inspected and confirm their acceptability and compliance with this permit and the relevant standards at the completion of the works.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Environmental Advisory Note
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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