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Decision Notice OPW24 0047.pdf
Officer: Will Lowe
Direct Telephone: 07 53296129
Our Reference: OPW24/0047
Your Reference: .
19 February 2025
Noosa Springs Investment Pty Ltd
PO Box 54
NOOSA HEADS QLD 4567
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 February 2025, Council decided to approve the
application subject to conditions.
1. APPLICATION DETAILS
Application No: OPW24/0047
Street address: 61 Noosa Springs Dr Noosa Heads Qld 4567
Real property description: Lot 2 SP 100810, Lot 3 SP 178340
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Operational Works - Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. 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
- 1 Noosa Springs Golf and Spa Resort Turf and -
Vegetation Management Plan, prepared by,
Peter Woods – Gold Course Superintendent
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 23562834
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97 NOOSA
a
& Council
Officer: Will Lowe
Direct Telephone: 07 53296129
Our Reference: OPW24/0047
Your Reference: :
19 February 2025
Noosa Springs Investment Pty Ltd
PO Box 54
NOOSA HEADS QLD 4567
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
| refer to your application and advise that on 18 February 2025, Council decided to approve the
application subject to conditions.
1. APPLICATION DETAILS
Application No: OPW24/0047
Street address: 61 Noosa Springs Dr Noosa Heads Qld 4567
Real property description: Lot 2 SP 100810, Lot 3 SP 178340
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
e Development Permit for a Operational Works - Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. 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
- 1 Noosa Springs Golf and Spa Resort Turf and -
Vegetation Management Plan, prepared by,
Peter Woods — Gold Course Superintendent
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Document Set ID: 23562834 Page 1 of 5
Version: 2, Version Date: 19/02/2025
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Page 2
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 18 February 2027, unless an application to extend the currency
period is approved by Council.
DURING CONSTRUCTION
General
3. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
4. All ongoing works including day to day golf course management must be constructed and
work procedure undertaken in accordance with;
a. the approved ‘Noosa Springs Golf and Spa Resort Turf and Vegetation Management
Plan’ approved as part of this decision notice.
b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
*(Refer to Advisory Note)
5. The works log that is part of the approved management plan must be maintained and indicate
any works undertaken on site. The works log must be provided to Council upon request.
6. The approved management plan must be revised/amended at regular intervals not
exceeding five years. The revised amended plan must be submitted to Council for approval.
Plant Pest Management
7. Plant pest (weeds) must be managed to:
a. Ensure declared plants under the Land Protection (Biodiversity Act 2016 and sub-
ordinate Regulation 2016) are controlled and prevented from spreading.
b. Oversee management of environmental weeds identified in the Noosa Biosecurity Plan
2020, utilising techniques that minimise regrowth, prevent damage to non-target
species, retain conservation values and maintains site stability.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Vegetation Clearing
9. Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
the tree or has been removed by a qualified person*.
10. All tree and vegetation removal works must be undertaken by a qualified person*.
a. No damage to vegetation for retention.
b. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Landscape / Rehabilitation after Vegetation Clearing
11. Landscape and rehabilitation of cleared areas must:
a. Be undertaken immediately following completion of the works that required the
clearing.
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CURRENCY PERIOD
2. | The Currency Period for this development approval lapses if the development has not
substantially started by 18 February 2027, unless an application to extend the currency
period is approved by Council.
DURING CONSTRUCTION
General
3. | Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
4. All ongoing works including day to day golf course management must be constructed and
work procedure undertaken in accordance with;
a. the approved ‘Noosa Springs Golf and Spa Resort Turf and Vegetation Management
Plan’ approved as part of this decision notice.
b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
*(Refer to Advisory Note)
5. | The works log that is part of the approved management plan must be maintained and indicate
any works undertaken on site. The works log must be provided to Council upon request.
6. The approved management plan must be revised/amended at regular intervals not
exceeding five years. The revised amended plan must be submitted to Council for approval.
Plant Pest Management
7. Plant pest (weeds) must be managed to:
a. Ensure declared plants under the Land Protection (Biodiversity Act 2016 and sub-
ordinate Regulation 2016) are controlled and prevented from spreading.
b. Oversee management of environmental weeds identified in the Noosa Biosecurity Plan
2020, utilising techniques that minimise regrowth, prevent damage to non-target
species, retain conservation values and maintains site stability.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Vegetation Clearing
9. Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
the tree or has been removed by a qualified person*.
10. All tree and vegetation removal works must be undertaken by a qualified person’.
a. No damage to vegetation for retention.
b. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Landscape / Rehabilitation after Vegetation Clearing
11. Landscape and rehabilitation of cleared areas must:
a. Be undertaken immediately following completion of the works that required the
clearing.
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Page 3
b. Result in the area being stable and landscaped or revegetated in accordance with the
Noosa Springs Golf and Spa Resort Turf and Vegetation Management Plan.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Retention of Existing Trees
1. 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.
2. All tree management outside the scope of works identified in the approved golf course
management plan must be submitted to Council for review and approval.
Qualified Person
3. 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 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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.
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.
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b. Result in the area being stable and landscaped or revegetated in accordance with the
Noosa Springs Golf and Spa Resort Turf and Vegetation Management Plan.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Retention of Existing Trees
1. 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.
2. All tree management outside the scope of works identified in the approved golf course
management plan must be submitted to Council for review and approval.
Qualified Person
3. 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 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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.
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.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Will Lowe
Senior Environment Officer
Development Regulation
Enc: Appeal Rights
Approved Plans/Documents
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Will Lowe
Senior Environment Officer
Development Regulation
Enc: Appeal Rights
Approved Plans/Documents
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Page 5
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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wd NOOSA Appeal Rights
a . PLANNING ACT 2016 & PLANNING REGULATION 2017
Council
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(
iv}
who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business
days after a decision notice for the decision is given to the
agency; or
(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or
(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.
Note —
See the P&E Court Act for the court's power to extend the appeal
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.
(5) If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-
(a) the adopted charge itself; or
(b) for a decision about an offset or refund-
(i) the establishment cost of trunk infrastructure identified in
aLGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
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(3)
(4)
(5)
(6)
The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to —
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and
(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and
(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(f) for an appeal to the P&E Court — the chief executive; and
(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.
The service period is —
(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and
(e) adeemed refusal.
non-appealable, for a decision or matter, means the decision or
matter-
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.
232 Rules of the P&E Court
(1)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
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