Minor Change to Existing Approval Refusal 132006.1395.05

Officer: 	Patrick Murphy
Direct Telephone: 	61753296436
Our Reference:	132006.1395.05
Your Reference:	18006
23 March 2020
Royal Automobile Club of Victoria (RACV) LTD
C/- Adamson Town Planning Pty Ltd
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 12 August 2019, requesting a minor change to an existing development approval. Council on 19 March 2020, decided to refuse your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132006.1395.05
Street address:	142 Noosa Dr Noosa Heads
Real property description:	Lot 3 SP 126203
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
In relation to the request to make a minor change to the existing approval, Council on 19 March 2020 decided to refuse the requested changes. Reasons for refusal are detailed below.
reasons for refusal
The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation 2017 as the development is situated in a koala assessable development area and does not provide for habitat connectivity or safe koala movement.
The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4) and (5) of Part E of the State Planning Policy as the development will adversely impact upon koala habitat and linkages, with koala populations recognised as being matters of both national and state environmental significance.
The proposal is inconsistent with water quality assessment benchmarks (1) and (2) of Part E of the State Planning Policy as the development has not adequately demonstrated that water quality objectives will be achieved.
The proposed development will adversely impact upon the site’s ecological values, including koala habitat and linkage for koala movement throughout the site contrary to Overall Outcomes 13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d)i, 13.7.2d)vii, 13.7.2e), 13.7.2g), and Specific Outcomes O1a, O3, O4, O5, O7, O10, O11, O16, O17, O18a), O18b), O18e), O18h), O19b), O19c), O19g) and O19i) of the Biodiversity Overlay Code.
The proposed development is inconsistent with the Noosa Heads Locality Code as the proposal will adversely impact on the site’s environmental values contrary to Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
The proposed Bushfire Management Plan proposes vegetation removal and management within a part of the site which is zoned Open Space Conservation and is intended to be protected and managed to the exclusion of development.
The proposed development is contrary to Overall Outcome 13.30.2(h) of the Natural Hazards Overlay Code as bushfire mitigation measures do not avoid or minimise impacts on the natural environment and ecological processes.
The proposed development is contrary to Overall Outcomes 14.157.2(b) and (d) and Specific Outcomes 1, 8 and 10 of the Water Sensitive Design Code as modelling for stormwater treatment has not included all relevant run-off areas.
Insufficient detail has been provided to demonstrate the extent and potential impact of the proposed height variation for the dwelling units.
The proposed development is contrary to the draft Noosa Plan provisions, which reinforce the current Noosa Plan’s requirements for an appropriate response to the site’s natural hazards and protection of the site’s environmental values including vegetation retention.
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.
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

	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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