SUPERSEDED - Decision Notice - Council Meeting Decision MCU22 0038 · MCU22/0038

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	MCU22/0038
Your Reference:	n/a
23 August 2022
Stockwell Development Group Pty Ltd
PO Box 3144
SOUTH BRISBANE   QLD  4101
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 August 2022, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU22/0038
Street address:	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 3 SP 246584
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises  - Commercial Business Type 1 Office & Type 2 Medical
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

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 and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
A-AD-0002	N	Site Plan, prepared by Buchan	18.05.22
A-DA-100-B1	K	Basement 01, prepared by Buchan	18.05.22
A-DA-100-B2	K	Basement 02, prepared by Buchan	18.05.22
A-DA-1000	P	Ground Floor Plan, prepared by Buchan	18.05.22
A-DA-1001	O	Level 01 Plan, prepared by Buchan	18.05.22
1200	I	Roof Plan, prepared by Buchan	18.05.22
A-DA-2000	E	Sections, prepared by Buchan	18.05.22
A-DA-3000	K	Elevations, prepared by Buchan	18.05.22
A-DA-6001	G	Perspectives, prepared by Buchan	18.05.22
A-DA-6002	C	Perspectives, prepared by Buchan	18.05.22
1.1		Site Plan, prepared by place design group	17.03.22
1.2		Landscape Elevations, prepared by place design group	17.03.22
1.3		Perspective view, prepared by place design group	17.03.22
2.1		Indicative plant palette – streetscape and entry landscaping, prepared by place design group	17.03.22
2.2		Indicative plant palette – bio basin landscaping, prepared by place design group	17.03.22
3.1		Indicative materials palette, prepared by place design group	17.03.22
Nature and Extent of Approved Use
The approved use must not commence until all works required by RAL18/0023 have been completed.
This approval is for a total of 2,170m2 of gross floor area, as depicted on the Approved Plans, for the following uses:
Commercial Business Type 1 – Office
Commercial Business Type 2 – Medical
The approved uses and associated activities must not result in environmental nuisances such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or surrounding uses.
Currency Period
This development approval lapses if the use has not happened by 18 August 2028, unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
The maximum height of the development must be in accordance with the approved plans.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
The development must incorporate the colour scheme and proposed mix of building materials as outlined in the approved plans (Perspectives, prepared by Buchan dated 18.05.2022).
Any exterior façade where plain concrete is used must be painted or otherwise sealed to prevent staining and mitigate against graffiti.
Any security screens on the premises consist of grille or translucent screens and not solid shutters, screens or roller-doors.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary;
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Public Safety
All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass.
During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the location of the bicycle/ scooter parking and bin storage area.
After hours access to loading docks, storage areas and the basement carpark (including the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or other suitably appropriate means.  The basement carpark must be kept closed and locked at all times while the use is not operating.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Landscaping
The site must be landscaped generally in accordance with an Operational Works permit.
Any landscaping in the road reserve must be in accordance with an Operational Works approval.
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and Planning Scheme Policy (PSP2) - Landscaping and must include in particular:
the works shown on the Approved Plans;
the feature trees (Angophora costata) must have a minimum pot size of 100 litres;
protection of vegetation within the 10-metre wide Environmental and Conservation Zone;
vegetation installed for landscaping adjacent to the 10-metre-wide vegetation strip protected by the Environmental and Conservation Zone must only include Noosa native species and not include any of the undesirable species as detailed within the Noosa Plan 2020 - Scheme Policy 3 Landscaping;
vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage;
control of all weed species listed in the following standards and legislation:
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
All entry statements, fences, batters, retaining walls and buffer/screen plantings must be located entirely within private land and not within the public road reserve.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Vegetation
A Tree Management Plan in accordance with AS4970-2009 detailing vegetation in the covenant to the north of the site (Cov. I SP182845).  The TMP will demonstrate the Tree Protection Zones and Structural Root Zones of vegetation in the covenant are protected, to ensure the health and longevity of vegetation in the covenant.  If impacts are proposed, offset planting may be required for any impacted vegetation.
The report must be resubmitted to Council incorporating the above amendments prior to the issue of any Development Permit for Operational Works.
Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as security for the protection of the tree/s identified for retention in the conditions of this approval. The bond:
may be drawn upon by Council in its entirety if any one tree identified for retention is damaged to the point where the tree cannot be saved (as confirmed by the project arborist and agreed in writing by Council)
will be returned upon practical completion of all the operational works relating to this development.
The tree/s identified for retention in the conditions of this approval must be maintained in good health for the life of the tree.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
ENGINEERING/TRAFFIC
External Works
Hoffman Drive and the internal service road must be upgraded for the length of its frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Rectification of any damage to existing kerb and channelling; and
Construction of a pedestrian footpath in accordance with the conditions of this Decision Notice.
Site Access and Driveways
A sealed access driveway must be provided from the internal service road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council’s standard drawing RS-051 and respective addendum; and
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit ramp from the underground parking area to warn motorists of pedestrian movement along the frontage street.
Car Parking
Provision of amended plans incorporating the tandem carparking arrangement, together with the SRV and ambulance bay shown on plans SK01, SK02 and SK03 prepared by SLR and dated 13/07/22, (with the wheel stop deleted from the ambulance bay and the ground level carparking plan modified for compatibility with the provision of that modified service vehicle arrangement) and as amended by the conditions of this approval.
The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-2004
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code;
Provision of 104 car parking spaces and 10 motorcycle spaces on the site, plus the SRV loading bay and ambulance bay.
The motorcycle spaces must be provided within the basement.
Implementation of signs and line marking as shown on Figure 3 of the SLR advice dated 20 May 2022.
Each tandem parking space arrangement (i.e. 2 spaces) is to be allocated to a single tenant.
Signage is to be installed and maintained at all times identifying the allocation of the tandem spaces. The use of the tandem spaces is to be by staff only.
A management plan is to be prepared documenting in detail options for how use and operation of the tandem parking spaces is to be managed by individual tenants to ensure that both spaces of each tandem space are effectively utilised.
That management plan is prepared to the satisfaction of Council, and prior to the commencement of use on the site is to be incorporated into the requirements and procedures of the body corporate.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
2 of the car parking bays provided at grade must be signed and reserved for short stay car parking.
Security Access to Carpark
Where access to the carpark is proposed to be restricted by a security gate, provision must be made for queuing of vehicles clear of the roadway while waiting for the security gate to open.
Where a secure carpark services a commercial use on the site, the security gate must remain open at all times while commercial uses on the site are open for business. The requirements of this condition must be included in the Community Management Statement for anybody corporate for the subject site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
1 ambulance space; and
1 SRV space.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Hoffman Drive and the internal service road;
signage and lighting at strategic locations to direct people to building entries and public toilet facilities;
a total of 16 bicycle parking spaces; and
end of trip facilities involving 8 lockers, 2 male and female showers and change rooms within the development.
Water Quality
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
stormwater quality treatment devices of a size and location generally in accordance with those shown in Stormwater Management Plan, prepared by MPN Consulting, dated 27th June 2022;
bioretention devices which:
demonstrate that Bio basin 1 is able to gravity drain to the existing stormwater infrastructure on site.  The outlet pipe grade must be a minimum of 0.5% to ensure the bio basin is free draining.
are designed generally in accordance with the Bioretention Technical Design Guidelines (Water by Design, 2012)
are designed, where applicable, generally in accordance with IPWEQA Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
are provided with a free-draining outlet from the sub-soil drainage system
A maintenance manual is required to be prepared for the stormwater quality treatment devices, rainwater tanks and basement pump out system for the development.  This manual is to be submitted to Council at Operational Works stage for review.
Permanent educational signage must be erected to educate the residents of the development about the function of the bioretention device(s).  The dimensions, standard, presentation and location of the educational signage must be in accordance with an Operational Works approval.
All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The approved Operational Works drawings for the stormwater quality treatment system and detailed life cycle costing of the system must be attached as an addendum to this document. Records of all maintenance activities undertaken must be kept and made available to Council upon request.
Any proposed Community Management Statement required for the development must include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) and must include the full cost of maintaining the system in accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of maintaining the system must be included in the proposed levies for each unit owner.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:
the detention system generally as described in Stormwater Management Plan, prepared by MPN Consulting, dated 27th June 2022;
the use of gravity stormwater drainage and not surcharge pits to the maximum extent practicable. Surcharge pits may only be used where the catchment is composed of roof surfaces only;
provision of rainwater tanks for the capture and reuse of roof water for the irrigation of communal landscaping; and
accommodation for both severe storms or severe blockage of the underground drainage network. A Severe Storm/Severe Blockage Assessment for the drainage system proposed for the site is to be provided with the development application for operational works, and is to demonstrate that finished floor levels will not be inundated under either a severe blockage of the underground drainage network in the 1%AEP event at year 2100, or for a severe storm exceeding the 1%AEP based on design blockage.
Acid Sulfate Soils
An Acid Sulfate Soil Management Plan must be prepared and submitted with the Operational Works application for the site.  The acid sulfate management plan must include testing, monitoring and treatment requirements for the works.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All excavation, fill, soil retaining structures and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
WASTE DISPOSAL
Prior to the issue of any Operational Works approvals the Operational Waste Management Plan must be amended to reflect that all waste collection will be undertaken by Council’s contractor via rear lift trucks with the trucks collecting 1100 litre bins.
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious area, within the site, correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Storage, disposal and management of solid, liquid and vegetative waste is conducted in a safe and ecologically sustainable manner without environmental nuisance. In this regard, vegetated waste must be disposed of via a green waste bin or at a local transfer station.

referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule, 10, Part 9, Division 2, Table 2 – Premises near a substation site or subject to an easement	The agency provided its response on 8 June 2022 (Reference No. HBD 7614167). A copy of the response is attached
advisory notes
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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
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. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Balance Lot for Staged Building Format Plans
In accordance with the Planning Act 2016, any proposal to stage the titling arrangements of the development such that a Building Format Plan is registered with a balance lot for future development will first require a Development Permit for Reconfiguring a Lot be obtained from Council.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Qualified persons
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Resubmission of Amended Documents Required
The conditions of this Decision Notice require resubmission of the referenced Arborist Report to Council with amendments.  Please address the amended document/ to Council’s Planning Assessment Branch with the Reference No. MCU21/0146, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the documents be resubmitted prior to lodgement of any Operational Works application. Should the amended documents not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
ENVIRONMENTAL HEALTH ADVICE
Building Works
Noise from residential building works shall comply with the following:
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions
Not permitted on Sunday or public holidays.
Measurement of Noise
Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either:
Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or
The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection.
A qualified person is considered to be either:
a Registered Professional Engineer of Queensland, or;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
Environmental Protection
The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment.
In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
ENGINEERING ADVICE
Co-ordination of Operational Works Assessment
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.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Landscaping, Stormwater, Frontage Works, Access, Earthworks and Car Parking
Development Permit for Building Works	All building works
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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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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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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ee) NOOSA COUNCIL


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12 April 2022

Noosa Shire Council

PO Box 141

‘Tewantin QLD 4565

energex

Attention: Patrick Murphy

cc

Dear Patrick,

‘Stockwell Development Group Pty Ltd
PO Box 3144
‘South Brisbane QLD 4101

Attention: Kelly Alcorn
Via email: [email protected]

Development Application — Material Change of Use - Commercial
Business Type 1 Office and Commercial Business Type 2 Medical
located at Noosa Civic 28 Eenie Creek Road, Noosaville described as Lot

3.SP246584

Council Ref: MCU22/0038

Applicant Ref: NIA

Our Ref: HED 7603100

\We refer to the above referenced Development Application which has been

referred to Energex Limited pursuant to section 54 of the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning Regulation
2017, the application has been assessed against the purposes of the
Electricity Act 1994 and Electrical Safety Act 2002. The below response is
provided in accordance with section 86 of the Planning Act 2016.

‘Should the Assessment Manager decide to approve the proposed Material
Change of Use, Energex advises the following in relation to the proposed

 

  

development
1. The development is to be carried out in accordance with the plans
identified below. Any changes to these plans should be resubmitted to Nastisonow
Energex for further teview and comment
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2. The conditions of any easements in favour of Energex must be Teese onsen
mramlaned at al times. Poin reer
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eto ass

Reference: HED 7603100


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3. Access to the easement and access along the easement must be available to
Energex personnel and heavy equipment at all times.

4. Any future works in the vicinity of Energex assets are to be carried out in
‘accordance with the Electricity Entity Requirements: Working Near Overhead
‘and Underground Electric Lines. This guideline can be accessed via the following

www energex.com.au datalassets/paf file/0004/344470Working-
Near-Overhead-and-Underaround-Electric-Lines-WP1323 pdf.

‘Should you require any further information on the above matter, please contact Maddison
Low on 0456 836 609.

Yours faithfully,

Maddison Low
Town Planner

Reference: #80 7002100

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney