20036DA Decision Notice · 132000.200284

Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION

File No:	20036 DA	Date of Decision:	16 August 2001
Applicant Details
Name:	RW URE & PJ ROBERTSON
Postal address:	C/- KEN HICKS & ASSOCIATES PO BOX 232 MAROOCHYDORE QLD 4558
Phone no:	5443.2844	Fax no:	5443.7146	Mobile:

PROPERTY DESCRIPTION
Street address:	10 - 12 PARK ROAD
Suburb/locality	NOOSA HEADS
Real property description:	LOTS 54, 55 & 64 RP 52918 PARISH WEYBA COUNTY MARCH
Owner Details
Name & Postal Address:	(LOT 54) RONALD W URE, PO BOX 2214, ASCOT QLD 4007

(LOT 55) PJ ROBERTSON, PO BOX 780, NOOSA HEADS QLD 4567

(LOT 64) HE’ENALU PTY LTD, 151 OCEAN BLVD, JAN JUC VIC 3228
Referral Agencies
Referral Agency	Address	Basis
Nil

Application Type
Development	Development Details	Preliminary Approval	Development Permit
Material Change of Use	Dwelling	NO	YES
Decision details
Council decided to refuse the application.
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
Not applicable.
SUBMISSIONS
Two properly made submissions were received.
Conditions
Not applicable.
Further Development Permits Required
Type of Development Permit required	Subject of the required Development Permit
Not applicable.

Reasons for Refusal
1.	The subject site has a high risk of instability due to the slope across the building area and the steeper slopes immediately above Park Road, and the applicant has not provided sufficient information to ensure that stormwater can be discharged from the dwelling without increasing the instability of the slope.
2.	The site is included within the designation of Open Space Conservation and Waterway Protection in the Shire Strategic Plan and the proposed development conflicts with objective 19.7.5, Environmental Principle 25.2.7 and Environmental Management aim 27.4.
3.	The proposed development does not accord with Objective 3(2)(c) of the Noosa Hill Development Control Plan which requires that urban development is confined to areas which are stable and do not feature excessive slope.
4.	The proposed development is in conflict with the intent of the Non-Urban zone and the slope of the site exceeds that which is deemed to be suitable for urban development in the SEQ2001 Regional Framework for Growth Management.
Rights of Appeal
Rights of appeal in relation to this application are attached.
Assessment Manager
Name:	Noosa Shire Council	Signature:
Date:	21/8/2001

Appeal Rights

INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

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 currency 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 currency 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 currency 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.
 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)

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NOOSA COUNCIL IDAS Development Application Decision Notice

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Referral Agency	Address	Basis

Application Type and Decision details
Council decided to <
applicable codes
The developer must comply with the following codes for self-assessable development related to the development approved under this Development Permit:-
<
SUBMISSIONS
Not applicable.
Conditions and insert reasons for refusal.
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