Other Change Decision Notice - Council Meeting Decision 51983.3225.14

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51983.3225.14
Your Reference:	01897
22 October 2021
Carasville Pty Ltd TTE
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 21 October 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	51983.3225.14
Street address:	The Hastings 9-10/30 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 30 SP 307674
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on October 1983:
Town Planning Consent Permit for Multiple Dwelling 25 Units, 8 Shops
In relation to the request to make an Other Change to the existing approval, Council on 21 October 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Change condition 1
Include additional conditions 37-44
Amend existing condition 25
Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12 & 13
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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.
Plan No.	Rev.	Plan, prepared by	Date
No.1		Perspectives & Notes, prepared by Accolade Building Designs	22/07/2014
No.3		Ground Floor & 1st Level, prepared by Accolade Building Designs	22/07/2014
No.4		Elevations, prepared by Accolade Building Designs	22/07/2014
Approved Plans  - October 2015
DA 3001	A	Site Plan, prepared by Peter Hull Architect	Sept 15
DA 3002	B	Floor Plans, prepared by Peter Hull Architect	Sept 15
DA 3004	A	Ground Floor and Carport Plan, prepared by Peter Hull Architect	Sept 15
DA 4001	B	Sections, prepared by Peter Hull Architect	Sept 15
DA 5001	B	Elevations, prepared by Peter Hull Architect	Sept 15
Approved Plans – March 2016
		GRND FLR – Proposed (Unit 14), prepared by LPID	14/10/2015
		Elevation (Unit 14) – East Facing (Street Frontage), prepared by LPID	14/10/2015
		Elevation – North Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – South Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – West Facing (Unit 14), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 14), prepared by LPID	14/10/2015
		GRND FLR – Proposed (Unit 25), prepared by LPID	14/10/2015
		Elevation (Unit 25) – South View, prepared by LPID	14/10/2015
		Elevation – East (Unit 25), prepared by LPID	14/10/2015
		Elevation – West (Unit 25), prepared by LPID	14/10/2015
		Elevation – North (Unit 25), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 25), prepared by LPID	14/10/2015
Approved plans – May 2016
Plan No.	Rev.	Plan, prepared by	Date
DA.01	B	Location Plan prepared by Bark Design Architects	26/02/2016
DA.02	C	Site Plan prepared by Bark Design Architects	23/02/2016
DA.04	C	Ground Floor Plan prepared by Bark Design Architects	23/02/2016
DA.05	C	First Floor Plan prepared by Bark Design Architects	23/02/2016
DA.06	C	Second Floor Plan prepared by Bark Design Architects	23/02/2016
DA.07	C	Roof Terrace Plan prepared by Bark Design Architects	23/02/2016
DA.11	B	South Elevation prepared by Bark Design Architects	26/02/2016
DA.12	B	East Elevation prepared by Bark Design Architects	26/02/2016
DA.13	B	North Elevation prepared by Bark Design Architects	26/02/2016
DA.14	B	West Elevation prepared by Bark Design Architects	26/02/2016
Approved plans – March 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – April 2017 Unit 13
Plan, prepared by	Date
Site plan, prepared by Mandy’s Design and Drafting	March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting	March 2017
Elevations, prepared by Mandy’s Design and Drafting	March 2017
Approved plans – August 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – August 2017 Unit 5
Sheet 1 of 4 Issue A	Site Plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 2 of 4 Issue A	Existing Floor Plans, prepared by Mandy’s Design and Drafting	July 2017
Sheet 3 of 4 Issue A	Proposed floor plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 4 of 4 Issue A	Elevations, prepared by Mandy’s Design and Drafting	July 2017
Approved Plans – April 2018 Unit 21
Sheet 1 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 2 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 3 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (floor plans), prepared by Accolade Building Designs	26/04/2018
Sheet 4 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (elevations), prepared by Accolade Building Designs	26/04/2018
Approved Plans – 19 November 2020 Unit 17
Sheet 01, Issue D	Site Location, Site Plan & Floor Plans, prepared by Innovate Architects	October 2020
Sheet 02, Issue D	Elevations, Section & External Finishes Schedule, prepared by Innovate Architects	October 2020
Sheet 07 Issue C	Perspectives, prepared by Innovate Architects	October 2020
Approved Plans – March 2020 Unit 19
A01	Site Location, Site Plan & Calculations, prepared by Lisa Page	22 January 2021
A02	Ground Floor Plan – with proposed alterations, prepared by Lisa Page	22 January 2021
A03	Level 1 Floor Plan, prepared by Lisa Page	22 January 2021
A04	Level 2 Floor Plan, prepared by Lisa Page	22 January 2021
A05	Level 3/Terrace, prepared by Lisa Page	22 January 2021
A06	Elevations Views: North & South facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A07	Elevations Views: East & West facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A08	Perspective view, Terrace level, prepared by Lisa Page	22 January 2021
A09	Perspective views: south, west, north facing, prepared by Lisa Page	22 January 2021
A10	Perspective views: south/east/north views, prepared by Lisa Page	22 January 2021
A11	Section view-east facing, prepared by Lisa Page	22 January 2021
A12	External Material Finishes Palette by Lisa Page	22 January 2021
-	Landscape Concept Design document including site plan and perspective, cross sections, look and feel and design, prepared by Louise Custance	-
Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
Plan No.	Plan No.	Plan No.
SD.102 Iss P2	Proposed Holyman Unit 3D perspectives, prepared by Gerard Smith Design	N/D
SD.104 Iss P10	Site / Roof Plan, prepared by Gerard Smith Design	Aug 2018
SD.201 Iss P9	Floor Plans, prepared by Gerard Smith Design	Aug 2018
SD.501 Iss P9	Elevations proposed, prepared by Gerard Smith Design	Aug 2018
SD.601 Iss P2	Cross Sections – Sheet 2, prepared by Gerard Smith Design	Aug 2018
SD.951 Iss P9	Overviewing Diagrams – Level 1, prepared by Gerard Smith Design	Aug 2018
SD.952 Iss P9	Overviewing Diagrams – Level 2, prepared by Gerard Smith Design	Aug 2018
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
A Construction Management Plan must be submitted to and approved by Council prior to obtaining a building approval and must specifically address the following:
Traffic Management during all aspects of the construct phase including.
Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe and unobstructed access across the frontage of the site for pedestrians and vehicles both during daily construction and after daily construction has ceased.
Parking arrangements, number, and locations for vehicles associated with the proposed construction works that need to be onsite or in proximity to the site at any time during the phases of the construction works.  Where relevant, time slots and off-peak hours should be indicated. All efforts must be made to prevent or minimise adverse impact on public parking availability in the local area.
Works programme identifying key components of the works and their respective durations.
Written confirmation from the Body Cooperate accepting the use of the common property for activities associated with the construction works as identified in the final Construction Management Plan and the Traffic Management Plan.
Proposed fencing to the site during the construction phase of the development.
Protection fencing for existing landscaping and trees in proximity to the work activities.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures to prevent silt and contaminants from entering existing stormwater system.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Council must be contacted at least 5 working days prior to any works commencing to organise a pre-start meeting. The contact number to arrange a pre-start meeting is Diogo Carrico on ph.53296465. The pre-start meeting must include:
The relevant parties for any Civil Engineering and Building works.
A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic management plans for the attendees at the prestart meeting.
Frontage Condition Report
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
The developer must meet any costs to repair damage to any Council asset during construction where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
Performance Bond
Deleted.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $4000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. 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.
Building Appearance
All air conditioning units or other mechanical equipment must be fully enclosed or screened such that they are not visible externally from adjoining land uses.
Privacy – Unit 17
To ensure privacy is protected between adjoining units, the kitchen window located on Level 1 must either:
have a minimum window sill height or 1.7 metres above floor level; or
be fitted with opaque glazing.
The balcony located on Level 1 and the roof top terrace must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining units.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
Pumps/spa equipment
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council at the completion of the building works, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Landscaping Works
The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18.	The development site must be landscaped generally in accordance with Planning Scheme Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general location of the vegetation approved for removal.
Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be planted between the building and the northern boundary and north western corner of Lot 17 that grow to a maximum height of 7 metres.
Lot 19 - the works as generally shown on the approved Landscape concept plan as prepared by Louise Custance except for the usage of exotic species and include 2 advanced local native tree species in a pot size of no less than 45L that grow to a maximum height of 7 metres.
Lot 19 – Landscaping must be provided between the building and western boundary that grow (on average) to a maximum height of 5 metres in order to soften the built form where viewed from the west.
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.
Landscape works must be completed prior to the commencement of the approval use.
Vegetation to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting  stockpiling,  storage  and  vehicle  parking  to  those  areas which are already cleared
using low impact construction techniques around vegetation.
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.
Flood
In response to the potential flood risks, material and surface treatments below the defined flood event must be resilient to water damage and do not include wall cavities that are susceptible to the intrusion of water.
No habitable rooms are to be located on the ground floor.
Demolition
Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the Development Approval for Building Works – demolition of Unit 17 & 19. The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways at the removal site, the new site or between the sites must be repaired or reinstated to at least pre-existing conditions.
All waste materials are removed from site.
Litter, erosion and sediment control measures are to be installed and/or maintained until soils are stabilised by vegetation or sealed. NB: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a building classed 1-10, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres from the northern boundary.
All parts of the building must be wholly contained within Lot 19 with the exception of structures in the exclusive use area as stipulated by the Community Management Statement for the site.
The storage room on the ground level is not to be used as a bedroom or as any other habitable room.
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction and access) – 21 October 2021
Performance Bond - Planning
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, specifically for Lot 30, prior to the issue of a Development Permit for Building Works. 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.
Performance Bond – Demolition
Security to the value of $10,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the development approval for building works (demolition). The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.

Landscaping
The development site must be landscaped generally in accordance with the approved plans and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
A minimum of a 1m wide garden with dense landscaping must be provided to the north, south and western boundaries within Lot 30.
The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the following locations:
i.	south east corner; and
ii.	half way along the southern boundary; and
iii.	to the west of the visitor car space where the lot dog legs.
The plantings must grow to an average minimum height of 10m and be suitable native species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
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.
Landscape works must be completed prior to the commencement of the use of Lot 30.
The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared by Max Watterson & Associates may be removed within the lot as part of preparing the site for construction.
Any vegetation to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape;
installing protective fencing around the drip line of the vegetation;
restricting stockpiling, storage and vehicle parking to those areas which are already cleared; and
d.	using low impact construction techniques around vegetation.
Privacy
42.	The level 1 and level 2 operable timber privacy screens when fully extended must not cover more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum height of 1.7m above the FFL.
43. 	The balcony located on Level 2 and the roof top terrace must include balustrading (set back as shown on the approved plans), and fixed external screens (where appropriate), positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining units.
Building Appearance
44.	The building must be constructed to be generally in accordance with the material and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard Smith Design.
referral agencies
Not applicable.
advisory notes
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.
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.
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
Demolition
The lodgement of security will attract a separate administration fee which must be paid at the time of lodgement of the security.
Upon completion of the demolition works, the release of the security will be subject to the following:
Satisfactory final site inspection by Council;
Confirmation that all relevant conditions have been met;
Receipt of the compliance certificate for the final stage of building work (e.g. Form 21 Final Inspection Certificate); and
Receipt of the Form 4 (Notifiable Works Form).
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Development Permit for Building Work.
submissions
Application – 51983.3225.14
There were 16 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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:	List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – October 1983..
Decision Notice – Change to existing approval - 15 June 2006 - with additional conditions
Decision Notice – Change to existing approval - 11 November 2014 - with additional conditions
Decision Notice – Change to existing approval - 12 October 2015 - with change to condition 2.
Decision Notice – Change to existing approval - 17 March 2016 - with change to condition 2.
Decision Notice – Change to existing approval - 12 May 2016 - with change to DA (redevelopment of Unit 15).- include additional conditions 6-15.
Decision Notice – Change to existing approval - 29 March 2017 - with change to condition 2 (Unit 20).
Decision Notice – Change to existing approval –5 April 2017 - with change to condition 2, in relation to a condition placed on 5 April 2017 approval incorrectly (Unit 13) and agree to remove condition 9 on 10 May 2017
Decision Notice – Change to existing approval –1 August  2017 - with change to condition 2 (Unit 20 & Unit 5)
Decision Notice - Minor – 51983.3225.11 – 27 April 2018 - with an amendment to condition 2 (Unit 21).
Decision Notice - Minor – 51983.3225.12 – 19 November 2020 - with an amendment to condition 2 (Unit 17), with additional conditions 10-33.
Decision Notice - Minor – 51983.3225.13 – 4 March 2021 - with an amendment to condition 2 (Unit 19) & 18, admin amendments to conditions 16, 17 & 18 with additional conditions 34, 35 & 36 (Unit 19)
Decision Notice – Other Change – 51983.3225.14 – 21 October 2021 – amend condition 1, include additional conditions 37-44; amend existing condition 25; include an administrative amendment to existing conditions 12 & 13

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address

Lois & Peter Lumley		5/25 Wallace Avenue Toorak 3142
Jennifer Wellington	[email protected]	174 Paddy melon Lane Belli Park 4562
Eric Rubin	[email protected]	PO Box 465 Cammeray NSW 2062
Ian & Merilyn Stevens		1 Wyona Drive Noosa Heads 4567
Noel Gerlach	[email protected]	
Barry Tutt	[email protected]	
Philomena Treasue	[email protected]	
Paul Kubat	[email protected]	
Kris Chapman	[email protected]	
Anna Forrester & Graham Capper	[email protected]	24 Molesworth St Kew 3101
Richard & Genevieve James	[email protected]	14, 8 Kennedy Road Mid Levels Hong Kong
Alison Payne	[email protected]	PO Box 1091 Edgecliff NSW 2027
Michelle Tourel	[email protected]	27/49 Head St Brighton VIC
Sandra Lordanic	[email protected]	10/49 Male St Brighton VIC 3186
Antony Greenaway	[email protected]	468 Tooronga Road Hawthorn East VIC 3123
Michael Hingston	[email protected]	6/591 Toorak Road Toorak BIC 3142

	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

[word/footer2.xml]
Page 13 of 16

[word/footer3.xml]
PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
										Page 1 of 16

[word/footer4.xml]
Page 16 of 16

[word/footer5.xml]
PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 3

[Attachment: image1.png (image text)]
K Coy fs


[Attachment: image2.png (image text)]
ee) NOOSA COUNCIL