Minor Change Existing Approval 132002.220608.1

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	132002.220608.1
Your Reference:	n/a
3 September 2021
CA Smith
C/- Bartley Burns Building Certifiers &
Town Planners
Unit 1, 1027 Manly Rd
TINGALPA  QLD  4173
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 3 July 2021, requesting a minor change to an existing development approval. Council on 1 September 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132002.220608.1
Street address:	11 Banksia Ave NOOSA HEADS QLD 4567
Real property description:	Lot 4 SP 100064, Lot 10 SP 188268
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 27 November 2003
Development Permit for Material Change of Use of Premises – 33 Dwelling Houses & Open Space & Reconfiguration of a Lot – 33 Residential Allotments plus park
In relation to the request to make a minor change to the existing approval, Council on 1 September 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 15.1
currency period of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Material Change of Use
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 1128 RSU OA Amendment A dated 23 July 2004 and 881128/C dated 23 July 2004 all prepared by Ken Hicks & Associates and as may be amended by these conditions.
All development of the site including dwelling houses, outbuildings and swimming pools shall be contained in the areas detailed as ‘Selective Clearing’ and not encroach into any areas detailed ‘Retained and Enhanced Vegetation Areas’ on the Vegetation Clearing Plan dated 23 July 2004.
All dwelling houses shall not exceed 8 metres in height or 2 storeys from both natural and finished ground level as defined by the Planning Scheme. Earthworks shall be minimised and the design of the dwelling houses shall be sympathetic to the topography of the site. A preference shall be given to elevated lightweight construction.
Each dwelling house shall have no more than 1 access driveway within the road reserve and through the Retained and Enhanced Vegetation not exceeding 4 metres in width and shall be constructed in accordance with Council’s engineering standards. To this end, the location of all driveways will have regard to any significant vegetation to the reasonable satisfaction of the Manager Land Development.
Prior to the issue of a development permit for building works, the applicant/owner of any allotment is to seek the advice from a suitably qualified and experienced geotechnical engineer about slope stability. To this end, the applicant/owner shall comply with all recommendations as detailed by the engineer to ensure the risk of landslip is minimised and that erosion and sedimentation measures are addressed accordingly.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Any fencing provided in conjunction with the development is to be contained within the ‘Selective Clearing’ area and clear of any ‘Retained & Enhanced Vegetation’ areas as nominated on the Vegetation Clearing Plan dated 23 July 2004 other than the acoustic fencing required for Lots 24-33 adjacent to Noosa Drive.
Where ENERGEX require provision of a pad mounted transformer, together with access, it is to be located on site and not within landscaped areas.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations, requirements of the Bushfire Management Plan and the Ecological Restoration Plan, or the conduct of the approved use. The 2 old eucalypt trees within the Banksia Avenue road reserve shall be retained and protected. The applicant is required to confirm the location of these trees with the Manager – Environmental Services prior to the commencement of any works.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
All manholes, inspection pits and grates are to be raised to finished surface levels and kept free of cover and be visible at all times to ensure prompt access in case of emergency.
Security in the form of a cash bond or trading bank guarantee to the sum of $250,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Currency
This Development Permit for a material change of use and reconfiguring a lot lapses if the reconfiguration has not been completed by 12 August 2008, during which time all conditions must have been complied with, operational works completed, and the Plan of Survey lodged with the Council for endorsement.
Environmental Health
The area is in close proximity to vector breeding areas and the following conditions are required.
With the exception of Lot 10 SP188268, all windows and doors of any dwelling constructed on the land shall be screened with mosquito-proof gauze not coarser than 1mm aperture to prevent the ingress of mosquitoes and midges.
A notation shall be added to Council’s records whereby any applicant undertaking a health/property search is advised that this premises is located near major breeding areas of Mosquitoes and Biting Midge and may be subject to associated problems.
Environmental
Deleted.
The development over the subject site shall comply with the following:
All necessary stormwater, erosion and sediment and water quality management and control devices shall be located within the development precinct.  That is, areas shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23 July 2004.
No development (other than approved fire breaks, any 4 metre wide driveway accesses and access paths and connections for services) shall be undertaken within areas of ‘Retained and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004.  The access paths to the fire trail apply to Lots 1-12 & 15 only and shall be aligned to avoid any significant vegetation, generally follow the route of the service connections, be constructed of pervious materials and be located to the reasonable satisfaction of the Manager Land Use. No access paths are permitted through the ‘Retained and Enhanced Vegetation’ of Lots 24-33.
No clearing or removal of native vegetation (other than that specified in the Ecological Restoration Plan, the Fire Management Plan, the 4 metre wide driveway accesses, and service connections) shall be undertaken within areas of ‘Retained and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004.
The clearing of vegetation for the purpose of providing firebreaks shall not exceed 5 metres in width unless otherwise stated in an approved Fire Management Plan.
Management Plans
The Applicant shall prepare various management plans that relate to the design, construction and operational phases of the development.  These plans are to be prepared by appropriately qualified persons to the reasonable satisfaction of Council prior to any further approvals being issued, unless any other condition herein or in a subsequent development permit require otherwise.
The plans are to address specific matters detailed in the conditions of this approval.  The plans to be submitted include:
Environmental Management Plan
Ecological Restoration Plan and Specifications
Fauna Management Plan
Landscape Master Plan
Fire Management Plan
Construction Management Plan (including Traffic Management Plan)
Sediment and Erosion Control Plan
Stormwater and Water Quality Management Plan
Acid Sulphate Soils Management Plan
Fees Payable
The Applicant shall pay Council all reasonable costs for the assessment of the management plans and also the costs associated with ensuring the development complies with the requirements of this approval.   These costs shall be limited to a maximum of $30,000 including the cost of external consultants should they be required.
The further approvals required to allow development to occur shall be subject to the fees contained in Council’s Fees and Charges Schedule.
Environmental Covenant
An environmental covenant as defined by Part 6, Division 4A of the Land Title Act 1994, shall be registered in favour of Council on the title of any allotment having an area described by metes and bounds on Drawing No. 881128/C dated 23 July 2004, described as Private Open Space Conservation & Waterway Protection areas.
The environmental covenant referred to in condition 20, shall cater for the requirements of the conditions of approval by protecting vegetation described as the ‘Retained and Enhanced Vegetation’ as shown on the Vegetation Clearing Plan dated 23 July 2004. The environmental covenants will allow for private driveways to be constructed (as detailed in condition 4) and access paths from Banksia Avenue to service allotments 1 to 14, access paths from the fire trial to service allotments 1-12 & 15 and connections to services.
Private Open Space for Conservation & Waterways Protection
The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’ area on Drawing No. 881128/C dated 23 July 2004, titled ‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways Protection on Residential Single Unit (RSU)’, shall be:
22.1	Managed to protect and reinforce its environmental values, particularly its Koala habitat and corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and water quality protection function.
22.2	Managed and maintained in accordance with the approved Environmental Management Plan, Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.
22.3	Separated from the selective clearing area by a fence at least 1.2 metres in height (other than the 4 metre wide strip adjacent lots 1 to 14 and Banksia Avenue).. A gate may be permitted in the fence for access purposes pursuant to condition 17.2.
22.4	Maintained by the owner.
22.5	Protected from infrastructure, tracks, drainage, water control devices, etc. or other development, other than
22.5.1	for lots 1 –15, a 4 m wide driveway access, an access path from Banksia Avenue (Lots 1-14 only), an access path from the fire trail (Lots 1-12 & 15) services and connections for services;
22.5.2	for lots 24–33 a 2 m high acoustic fence on their boundary with Noosa Drive.
22.6	Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or otherwise adversely affected without written approval from Council’s Manager – Environmental Services (other than specified in the Ecological Restoration Plan and the Fire Management Plan, and as required for a 4 m wide driveway access, an access path, services and service connections to Lots 1–15 and the construction of a 2 m high acoustic fence on the Noosa Drive boundary of Lots 24 –33.
Public Parkland
All lands described as ‘Park’ (excluding the Public Esplanade area) on the Vegetation Clearing Plan dated 23 July 2004 shall be dedicated to the State for park purposes pursuant to the Land Act at the time of reconfiguration.
Prior to the dedication of any land to Council, or the State, the applicant shall ensure that:
All the relevant specified actions in the Fire Management Plan and Fauna Management Plan are undertaken and completed.
All environmental weeds shall be removed or treated and their reoccurrence controlled as per condition 41.
All rubbish shall be removed.
Conservation Management Plan for the Conservation Land
Deleted.
Vegetation Removal, Disposal and Protection in Development Precincts
Vegetation protection, removal and disposal within the development precincts shall be undertaken in general accordance with the Fauna Management Plan by James Warren & Associates (dated May 2003) and the Vegetation Management Plan by Greening Australia (dated May 2003).
Vegetation removal, tree felling and lopping shall be undertaken in an environmentally sensitive manner to avoid damaging surrounding vegetation, trees and habitat.
Prior to felling or lopping all trees are to be checked for wildlife (eg. koalas, cockatoos, possums).  If wildlife species are present, the tree shall not be felled or lopped until the wildlife has left the tree.
All cleared vegetation shall be suitably processed or removed from the site by a method approved by Council.
Environmental weed species cleared from the site shall not be mulched.  Vegetation material from environmental weed species shall be removed from the site and disposed of in a Council approved refuse tip.
Burning off is not considered an acceptable means of disposal and is not to take place.
During construction, the boundaries of areas of retained and protected vegetation of and adjoining the site shall be clearly marked for the purpose of preventing access into these areas thereby protecting the vegetation and habitat values.
All underground services, drainage, footpaths, bikepaths, roads and other works shall be located to minimize adverse impacts on retained vegetation, particularly their root system.
Vegetation and individual trees retained in development precincts shall be healthy and vigorous with an expected life span of at least 50 years.  A risk assessment by a qualified arborist shall be undertaken on all individual trees and stands of vegetation to be retained within development precincts.  An arborist’s written report shall be included in the relevant Operational Works applications.

Koalas and Koala Habitat Protection
Koalas and their habitat require special protection and particular consideration shall be given to:
The protection and restoration of koala habitat, habitat linkages and corridors on the site as shown on Figure 7 by Environmental Science and Services, dated October 2003.
The protection and restoration of existing and new vegetation to facilitate Koala movement throughout the entire site.
The protection of Koalas during the construction and operation phases of the development.
The planting of additional koala food and habitat tree species as part of the landscaping in the development precincts.
Known Koala habitat trees within development precincts shall be protected, unless specific approval exists for their removal or lopping or their removal or lopping would be necessary as the result of approved operational or building works.
Rehabilitation/re-establishment of the Koala habitat and habitat links shown in Figure 7 by Environment Science & Services dated October 2003 within the site shall be given priority in the Ecological Restoration Plan and the Landscape Master Plan.
All swimming pools provided for by any development shall have a rope installed to allow Koalas to exit the pool.
Glossy Black Cockatoos and their protection
Glossy Black Cockatoos and their habitats require special protection and particular consideration shall be given to:
The protection and restoration of Glossy Black Cockatoo habitat on the site.
The protection of Glossy Black Cockatoos during the construction and operation phases of the development.
The planting of additional Glossy Black Cockatoo food and habitat tree species as part of the landscaping in the development precincts.
Rehabilitation/re-establishment of Glossy Black Cockatoo habitat within the development precincts shall be given priority in the Landscape Master Plan.
Nesting boxes for cockatoos shall be installed on trees.
Wallum Froglets and their Protection
Wallum Froglets and their habitat shall be protected.  Particular attention shall be given to:
The maintenance and protection of their prime habitat areas (eg. the wet heath, melaleuca wetlands and swamp mahogany wetland).
Maintaining the low nutrient status of these habitats (eg. total nitrogen 0.34 mg/l and total phosphorous 0.035 mg/l).
Maintaining the low pH environment of these habitats (eg. pH 3-5).
Maintaining the structure and floristics and the plant communities that are habitat for Wallum Froglets.
Maintaining and protecting the natural hydrological regimes and ecological processes that maintain the plant communities that are habitat for Wallum Froglets.
The above information shall be incorporated into the various management plans required by this approval.
Weed and Pest Species Control
Weed control shall be undertaken in general accordance with the Vegetation Analysis Report, dated December 2002, prepared by Greening Australia.
All plants listed as environmental weeds by the Queensland Herbarium or listed as Undesirable Plant Species by Noosa Council shall be removed and/or treated as per condition 41 prior to reconfiguration.
Prior to entering the site or the adjoining site, all construction machinery and vehicles shall be washed down to remove soil that may contain weed seeds, soil pathogens and pest species.
All nursery stock shall be weed, pest and disease free and certified as such by the supplier.  The certificates are to be obtained prior to the commencement of any landscaping works on site and shall be made available to Council upon request.
All mulch produced on site by mulching cleared vegetation and trees shall specifically exclude material (particularly seeds) from environmental weed species (eg. lantana, asparagus and umbrella trees).
Soil disturbance shall be kept to a minimum to avoid weed proliferation.
The eradication and control of environmental weeds will be an integral part of both the Ecological Restoration Plan and the Landscape Master Plan.  Vegetation used in restoration work and landscaping shall exclude environmental weed species.
Ecological Restoration Plan and Specifications
An Ecological Restoration Plan and Specifications shall be prepared for the site by a specialist restoration ecologist, to the reasonable satisfaction of the Council. The applicant shall implement the Plan and Specifications. It shall identify all the areas designated as ‘retained and enhanced’ vegetation within the site that require ecological restoration and specify actions and works necessary to result in robust, self-sustaining viable plant communities and habitat.  (Note:  The dense she-oak and wattle areas are a stalled seral stage of a Eucalyptus and Callitris open forest.  These areas need special management to ‘kick-start’ the natural regeneration processes and enable the vegetation to develop into self-sustaining open forests.  It is not just a matter of removing weeds and planting some trees.). The following, inter alia, shall be addressed and included in the Plan and Specifications:
Document the current status of the areas requiring ecological restoration in terms of structure, floristics, missing elements, health, vigour, etc.
Formulate structural and floristic models for the plant communities requiring ecological restoration.
Specify the required works and actions for each area in terms of:
site preparation (this may include thinning, removal of dense leaf litter, weed removal and control, etc.),
establishment of the missing floristic and structural elements,
habitat creation and reinforcement for native fauna and reinforcement of habitat linkages and corridors,
creating opportunities for regeneration from the seed bed, natural recruitment and the establishment of wildlings,
planting and mulching procedures,
fertilizing procedures noting the low nutrient status of these ecosystems,
watering procedures,
protection from wildfire, particularly during the establishment phase,
erosion and sediment control,
on-going maintenance,
environmental safeguards, and
incorporation of the relevant requirements of all the management plans required by this approval, particularly the Fauna Management Plan, Fire Management Plan, the Environmental Management Plan.
The Ecological Restoration Plan and Specifications shall include all parts of the site designated as ‘Retained and Enhanced Vegetation’ and the Road Reserve adjacent to Banksia Ave and Noosa Drive.  This area is shown in green on the Vegetation Clearing Plan dated 23 July 2004.
All the relevant ecological restoration works and actions shall be undertaken by the Applicant and completed prior to title being transferred from the owner to any of the future designated owners (eg. Council or the owners of the various individual allotments).
Fauna Management Plan
A Fauna Management Plan shall be prepared to the reasonable satisfaction of the Council.  The Fauna Management Plan shall be generally in accordance with James Warren’s & Associates Fauna Management Plan dated May 2003.
The Fauna Management Plan shall specify the numbers and types of forage and habitat trees (particularly for Koalas and Glossy Black Cockatoos) to be planted in the ‘retained and enhanced’ vegetation areas shown on the Vegetation Clearing Plan dated 23 July 2004 in the site. Particular attention shall be paid to the following areas:
The Koala habitat connection across the wetland between the Residential High Density Development and the Residential Single Dwelling Development.
The Eucalypts robusta koala habitat and corridor particularly adjacent to Residential Single Dwelling Development, allotments 1 to 7.
Planting of Allocasuarina littoralis (for Glossy Black Cockatoos) also appropriate hollow developing trees throughout all areas of retained vegetation and areas to be rehabilitated.
This information shall be included in the Ecological Restoration Specifications.
Nesting boxes of a range of sizes shall be installed in nominated trees.  The number, type, size, location and purpose of the nesting boxes is to be specified.  The manner in which these nesting boxes are to be maintained shall be specified.
The Fauna Management Plan shall specify actions that shall be undertaken to protect the Wallum Froglet population and its habitat.
Consideration shall be given for the facilitation of fauna movement/linkages within an across the site when designing buildings and roads
No domestic pets shall be permitted on the subject land during construction.  Thereafter, domestic pets will be allowed with all cats and dogs kept in purpose-built cat or dog runs (eg. large caged or fenced areas).
Landscape Master Plan
A Landscape Master Plan shall be prepared, to the reasonable satisfaction of Council, for the areas shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23 July 2004 and within any road reserve.  It shall incorporate all the relevant requirements of all management plans required by this approval.
The Landscape Master Plan shall detail the planting schemes and shall detail, inter alia:
areas of natural vegetation to be retained;
site preparation;
habitat enhancement for native fauna;
weed removal and control;
species ‘palettes’ and schedules;
planting out procedures and horticultural requirements;
mulching procedures;
fertilising procedures;
irrigation and watering procedures;
erosion and sediment control;
on-going maintenance;
construction materials and details;
environmental safeguards.
The Landscape Master Plan shall specifically acknowledge the aesthetic values of the site and demonstrate that they will be maintained and enhanced.  In particular special consideration needs to be given to the integration of roads and pathways into the landscape setting. Landscaped areas shall be integrated floristically and structurally with the surrounding native vegetation.
The owner shall prepare an environmental guideline for lot owners that:
60.1	Explains the intent of the Open Space Conservation & Waterway Protection area and how it should be maintained and protected.
60.2	Provides a landscape guideline for the balance area, which includes a list of indigenous plants for planting which will maintain the fauna habitat.
The Landscape Master Plan shall address, inter alia, the following issues:
Enhancement of environmental linkages and corridors.
Enhancement and establishment of fauna habitat, particularly for Koalas and Glossy Black Cockatoos.
Visual screening of buildings and visual integration of the built environment, particularly along Banksia Avenue.
The protection of the 2 old eucalypt trees within the Banksia Avenue road reserve.
All detailed landscape plans for road reserve that is submitted for Operational Works approval shall comply with the Landscape Master Plan.
Fire Management Plan
A Fire Management Plan shall be prepared for the site to the reasonable satisfaction of the Council and shall be implemented by the owner.
The Fire Management Plan shall address:
Fire management and protection within the development.
Bushfire management and control in all the areas of Retained and Enhanced Vegetation.
The Bushfire Management component of the Fire Management Plan shall be generally in accordance with the Bushfire Management Plan prepared by Greening Australia Queensland, dated May 2003.  It shall incorporate recommendations for fuel reduction other than by fire. Further the Fire Management Plan will address:
More detail on the treatment of paragrass in the watercourse between the development parts of the site.
Provision of some fire hydrants on the proposed firebreaks, if required.
Deleted.
Clearing of firebreaks having a maximum width of 5 metres.
The Fire Management Plan is to be implemented by the applicant and future owners of the site.
The Fire Management Plan shall demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
A water point (eg. garden tap) shall be provided and located where each property abuts native bushland.
The Fire Management Plan for the developed areas shall address, inter alia, the following:
setback zones from retained native vegetation;
access between structures and vegetated areas;
proposed building construction methods, materials and designs to reduce fire risks;
gutter treatments to avoid the collection of leaves and other fire-prone material;
location of fire hydrants and water points;
access for fire fighters and emergency workers;
fire suppression and evacuation procedures;
landscaping measures to reduce fire risk;
owners and operators training and responsibilities;
implementation procedures.
The Fire Management Plan shall meet the provisions of the Queensland Fire and Rescue Authority Act 1990 and shall be endorsed by the Queensland Fire & Rescue Authority.
The Applicant shall provide a bushfire information kit to purchasers of allotments on the site.  The bushfire information kit shall be submitted to Council for approval as part of the Fire Management Plan.
The Fire Management Plan shall incorporate all the relevant requirements of, and be consistent with, all the other management plans required by this approval.
Environmental Management Plan
An Environmental Management Plan (EMP) shall be prepared and implemented to ensure that the impact of the development on the environment is minimised and that the environmental values of the site are protected and enhanced.  The EMP is to:
Comply with AS14000.
Demonstrate a high level of environmental care and responsibility and be consistent with best practice for developments of this type in similar environments.
Detail the applicant’s environmental policy and the proposed environmental management system for the site.
The Environmental Management Plan shall specify to the reasonable satisfaction of Council: the performance targets, including those derived from the conditions and other requirements arising from legislation and other approvals;
how the performance targets are to be achieved;
when the performance targets will be satisfied;
how performance will be monitored;
corrective actions and contingency measures to be undertaken;
reporting arrangements (including monthly reports to Council during construction);
auditing arrangements;
how the requirements are to be incorporated into construction and works contracts;
how the developers employees, contractors and the contractor’s employees will be informed and trained with respect to the environmental protection requirements;
enforcement;  and
penalties for non-compliance.
The EMP shall apply to all works and activities on all areas of the site and adjacent road reserves (eg. all development, jetty construction and operation, etc.).
In particular, but without limitation, the EMP shall address the following issues in relation to the construction and operational phases of the development:
legislative compliance;
vegetation protection;
fauna and fauna habitat protection;
aquatic ecosystem protection;
weed control;
pest control (particularly mosquitoes)
soil erosion and sediment control;
water quality protection;
groundwater protection;
air quality protection;
acid sulphate soil management;
storage and handling of hazardous substances;
noise and vibration management;
waste management;
cultural heritage management;
visual amenity protection;
bushfire control;
environmental emergencies;
community liaison.
The Environmental Management Plan shall incorporate the requirement for monthly environmental compliance monitoring and annual audit reports to be submitted to Council for the construction stages of the development.  The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:
Include tables of the monitoring results (digital form should be in Excel).
Include individual charts plotting the results for all parameters required in the monitoring.
Include a brief written discussion of the results and recommend any necessary actions.
The Applicant and all future owners of the site shall comply with the EMP.
Sediment and Erosion Control Plan
Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to the reasonable satisfaction of Council and implemented by the owner. The Plans shall be in accordance with the Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from that document.  The Sediment and Erosion Control Plans shall cover all development on site (during the construction, establishment and operational phases), ecological restoration and remediation works. All recommendations of the Plans shall be implemented.
The Sediment and Erosion Control Plans shall also ensure the protection of the areas of ‘Retained and Enhanced Vegetation’ shown on the Vegetation Clearing Plan dated 23 July 2004 both on and external to the site, and shall:
-	identify existing erosion problems,  and
-	specify appropriate remedial actions.
All necessary erosion and sediment control devices shall be incorporated within the development precincts.  That is areas shown as ‘Selective Clearing’ on the Vegetation Clearing Plan dated 23 July 2004.
Stormwater and Water Quality Management Plan
A Stormwater and Water Quality Management Plan for the site shall be prepared to the reasonable satisfaction of the Manager, Land Development and implemented by the owner.
The Stormwater and Water Quality Management Plan shall take into account matters specified in section 19.4 of the Environmental Protection (Water) Policy 1997.
Key water quality objectives to be reflected in the Stormwater and Water Quality Management Plan are for the protection of aquatic ecosystems in the waterways, wetlands and wet heathlands of the site, areas adjoining the site, and the receiving waters of Noosa Inlet and the Noosa River.  The low nutrient and pH environment of the wetlands and wet heathlands of the site and areas adjoining the site are the key factors in determining appropriate performance targets.  Specifically, water quality objectives shall include the following performance targets, subject to the constraints of the catchments external to the site:
Total nitrogen levels – 0.34 mg/l
Total phosphorous levels – 0.035 mg/l
pH – 4 to 5.
The Stormwater and Water Quality Management Plan shall comply with and address, inter alia, the following issues in relation to the construction, establishment and operation phases of the development:
All necessary stormwater treatment and water quality devices associated with the development shall be located within the approved boundaries of the RHD and RSD development precincts.
During the construction phase, monthly water quality monitoring and monitoring after significant rainfall events (at least two per year) shall be undertaken for:
suspended solids and turbidity,
temperature,
salinity,
total nitrogen,
total phosphorous,
pH,
trash and gross pollutants,  and
dissolved oxygen.
During the establishment and operation phases, water quality monitoring shall be undertaken every third month and monitoring after significant rainfall events (at least two per year) shall be undertaken for:
total nitrogen,
total phosphorous,
suspended solids and turbidity,
pH,
salinity,
temperature,
dissolved oxygen,
trash and gross pollutants,
algal count and identification,  and
faecal coliforms.
The Developer shall continue this water quality monitoring for a period of 3 years from completion of the final stage of construction.
In addition, the Developer shall undertake inspections for erosion and deposition, the build-up of trash and gross pollutants, and other water pollution.  These inspections will be carried out every third month as well as after significant rainfall events, for a period of 3 years from completion of the final stage of construction.
An operational phase Water Quality Management Plan shall be prepared to the reasonable satisfaction of Council and address water quality performance targets, water treatment devices, water quality maintenance, requirements for stormwater management measures and devices, contingency measures for aquatic plant growth, loss of vegetation in swales and filter strips, pollution response and algal blooms.  It shall also include a mosquito management strategy.  The plan shall demonstrate compliance with the prescribed water quality objectives.
Responsibilities shall be clearly delineated.
Non-compliance with prescribed water quality standards will trigger the implementation of measures to rectify the problem(s).
Reports on monitoring, incidents, corrective action and plan updates shall be submitted to Council every three (3) months with Council being notified if any incident is recorded.  These reports shall include information collected during the monthly monitoring program, shall highlight any non-standard results, and be submitted in a form acceptable to Council.  The format and content of these reports shall be in hard copy and digital form, generally in accordance with the following:
including tables of the monitoring results (digital form should be in Excel);
include individual charts plotting the results for all parameters required in the monitoring (digital form should be in Excel);
include a brief written discussion of the results and recommend any necessary actions.

Water Quality Devices
Water quality control devices shall be installed generally in accordance with the Stormwater and Water Quality Management Plan.  Detailed staging plans and specifications, based on and generally in accordance with the Plan shall be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
Drainage Works
The Developer shall complete the drainage works progressively in conjunction with development of the site and generally in accordance with the approved Stormwater and Water Quality Management Plan.  Detailed drainage plans and specifications, based on and generally in accordance with the approved Drainage Plan, the EMP and these Conditions, shall be prepared and submitted (after consultation with officers of the Council) with the relevant applications for operational works.
All drainage works as required by the Drainage Plan shall be provided by the Developer at its own cost.
Acid Sulphate Soils  Management Plan
An Acid Sulphate Soils (ASS) Management Plan shall be provided for any excavation works undertaken in areas of the site and areas adjoining the site below 5 m AHD.  The Management Plan shall outline all proposed ASS investigation and management procedures, to be undertaken in accordance with State Planning Policy 2/02 ‘Planning and Managing Development Involving Acid Sulphate Soils’. The applicant shall implement the Plan.
Reconfiguring A Lot
Roadworks
Deleted.
Deleted.
Deleted.
Deleted.
Banksia Avenue shall be widened to a width of 8.0m kerb to kerb with the western side of the road (fronting the development) being provided with flush kerb.  This 8 metre width shall extend south from (and include the intersection with Jan Street (in the vicinity of proposed Lot 2 & 3) to the point where Banksia Avenue meets with the new extension road off Banksia Avenue (referred to as Grosvenor Terrace on the proposal plans) in the vicinity of proposed Lot 15 & 33.
Banksia Avenue shall be closed off (at the gully near Council’s Sewerage Pump Station) so that it is no longer a through road by providing two cul-de-sacs.  This will involve providing a northern cul-de-sac / turning facility (similar to a roundabout) at the intersection with Grant Street (which will be utilised by traffic on the northern part of Banksia Avenue) and by providing a southern cul-de-sac on the southern side of this (which will be utilised by traffic on the southern part of Banksia Avenue to allow vehicles to turn around).  Thereby creating an open space area between the two cul-de-sacs.
This work shall include any improvements required to Banksia Avenue in order to complete the construction of the cul-de-sacs.
The property boundaries of the site shall be amended (if required) to accommodate the proposed cul-de-sacs within the Council road reserve.  To this extent the boundaries of the site shall be setback a minimum of 4 metres from the nominal face of the kerb and the affected land dedicated as road reserve.
A 3 metre wide sealed service road (driveway) shall be constructed from the northern end of the southern Banksia Avenue cul-de-sac to Council’s Sewerage Pump Station.
The short section of Banksia Avenue formed between Jan Street and the new southern Banksia Avenue cul-de-sac, shall be constructed to an Access Road Standard with a 6 metre wide pavement kerb to kerb in accordance with Council’s Engineering Design Standards.
The new extension road off Banksia Avenue (referred to as Grosvenor Terrace on the proposal plans) shall be constructed to a minimum width of 6.5 metres kerb to kerb with the pavement design based on an Access Road standard in accordance with Council’s Engineering Design Standards.
Grosvenor Terrace shall be designed to levels that minimise the extent of cut/fill whilst also minimising the grade of future driveways to individual allotments.
As Banksia Avenue is likely to be damaged as a result of developing the site (from a combination of providing services across the road and heavy construction vehicles) a fresh AC overlay shall be provided to the road when nearing the completion of the development work.
A detailed ‘condition survey’ and photographic record shall be prepared of the existing roads (Coral Tree Avenue, Jan Street & Banksia Avenue) and submitted to Council for approval prior to any construction works commencing. This information shall be accompanied by a $50,000 bond to ensure that the roads are not damaged as a result of construction works.
The proposed names of new roads (public and private) and parks shall be lodged with the application for a Development Permit for Operational Works.
Names are to be selected from any of the following categories:-
Easily pronounced words of Murri languages.
Names or words of local significance or historical interest.
Flora, fauna, industry, topographical, geological and similar features and terms relative to the district.
Surnames of persons of merit or historical significance.  (Personal names should be avoided.)
Approval will not be given to a name that is the same or similar to the name of another road in the Shire, or of a road in close proximity in a neighbouring Shire.  Names that are not easily pronounced, or may cause confusion to emergency services are to be avoided.
All street signs on new roads (public and private) and parks shall be erected prior to works being accepted on maintenance.
Roadworks Contributions
A roadworks contribution of $86,431 towards the Coastal Major Road Network (based on 32 additional allotments) shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2003 until the date of payment.
Access Driveways
Only one access driveway is permitted to each lot and the maximum width of this access shall be no greater than 4.0 metres.
Individual owners of the proposed lots shall be required to obtain a Development Permit for Operational Works for Driveway Access and a property note to this effect will be included on Council’s noting system.
The absolute maximum grade for all access driveways is 1 in 5 (20%) and all driveways shall be designed to transition from the frontage road to the finished level of the allotment within the 6 metre building setback - to avoid long driveways that need to be either cut or filled in order to reach the finished level of the allotment.
Water Supply
Each allotment (including parks) shall be connected to Council’s town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.  Any connection to a water main shall be undertaken by Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  All fees for the supply of water meters shall be paid to the Council.
Fire hydrants are to be provided throughout the development in accordance with Council Engineering Design Standards and in accordance with Queensland Fire Service Standards.
A new 100 water main shall be provided by the applicant along the eastern side of Banksia Avenue between the existing 100 water main located on the southern side of Grant Street (at the intersection with Banksia Avenue) and the existing 100 water main that currently terminates at the frontage of Lot 68 on RP92518 (#38 Banksia Avenue).
The applicant shall construct a new 150 water main along the eastern side of Banksia Avenue extending in a southerly direction from the southern end of the existing 100 water main (located to the frontage of Lot 7 on RP90014, i.e. #14 Banksia Avenue) to the existing 375 water main in Noosa Drive.
A Master Plan of the planned water supply works shall be prepared by the applicant and submitted to Council with the application for a Development Permit for Operational Works – Water & Sewerage.
The applicant shall liaise with Council’s Water & Sewerage Section in order to prepare water supply plans and associated documentation.
An underground electricity service shall be provided to each lot.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient rating to the reasonable satisfaction of Council.
Sewerage Reticulation
Each allotment shall be connected to Council’s sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council. Connections to sewer system shall be carried out either by Council or by a Council approved Contractor and at no cost to Council.
Designs for a sewerage system to connect all new lots within the site to Council's existing sewerage reticulation system shall be to the standards and requirements set out in Council’s Engineering Design Standards. If the design requires the construction of a pump station and a rising main, the connection point to Council's existing system will be nominated by the Manager - Land Development.

Headworks
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates as of June 2003 under the current policies is as follows:
Water Supply	$129,918
Sewerage	$ 63,821
TOTAL	$193,739
All headworks contributions must be paid prior to Council endorsing the Plan of Survey.  Each additional residential allotment shall be assessed as a dwelling house.
Electricity & Telecommunication
An underground electricity service shall be provided to each lot.
In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions” (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of Survey.
Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed lots.
Street lighting and pathway lighting throughout the subdivision shall be provided in accordance with Council’s Engineering Design Standards, section 11.3.3 and to the satisfaction of Council.
The requirements for TELECOMMUNICATION services shall be satisfied in relation to any existing services that currently traverse the site and for the provision of new telephone services to the proposed lots.  In this regard written confirmation from an approved telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey.
Services Generally
Detailed design drawings and calculations shall be submitted with an application for a Development Permit for Operation Works in respect of water, sewer and stormwater works. To avoid conflict with other underground pipes or services, all existing and proposed services required by the development shall be shown on the plans.
Conduits and kerb markers shall be installed for all necessary service crossings of roads to Council's satisfaction. An "As Constructed" plan showing the locations of the conduits shall be submitted to Council prior to acceptance of the works "On Maintenance".
Deleted.
Deleted.
Any alteration of a public utility or other facility necessitated by the development of the land or associated construction works either internal or external to the site shall be at no cost to Council.
Service Easements
Registered easements shall be provided on the Plan of Survey over all Council services within private property, such as water mains, sewerage reticulation pipes and stormwater drainage pipes.
Water main easements shall generally be parallel to and centred over the water main and be equivalent in width to twice the depth to invert level of the main at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
Sewer easements shall generally be parallel to and centred over the sewer main and be equivalent in width to twice the depth to invert level of the main at the deepest point within the allotment (measured from the finished surface) and be no less than 3.0 metres wide.
An easement over a stormwater drainage pipe shall be sufficient in width to provide a minimum of 1.5 metres either side of the designed drainage structure and shall have a minimum overall width of 4.0 metres.
Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of Easement shall be submitted to Council for perusal.
Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey.
Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the endorsing of the Plan of Survey.
Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles Office forms or requisitions requiring the consent of Council being attended to forthwith.
Pedestrian Paths / Bike Paths
A 2.0 metre wide meandering concrete path shall be constructed along the eastern side of Banksia Avenue.  This path shall commence from Grant Street and continue to the south along the eastern side of Banksia Avenue, past Jan Street and down to the existing path that currently runs between the southern end of Banksia Avenue and Noosa Drive.
A 1.5 metre wide meandering path shall be constructed along the southern and eastern sides of the new extension to Banksia Avenue (referred to as Grosvenor Terrace) and shall extend to the narrow strip of road reserve proposed between Lots 23 & 24.
In choosing the alignment of these paths care shall be taken to protect any significant vegetation or any underground services.
Pram ramps shall be installed at intersections (and wherever else required) in accordance with Council’s Standard Drawing 9006.
All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
A Development Permit for Operational Works shall be obtained prior to the commencement of any works.
Where footpaths are located in cut or where site conditions indicate the presence of groundwater in proximity of the natural ground level, subsoil drains shall be constructed between the back of path and the property boundary.
Prior to works being taken “On Maintenance”, the remainder of the footpath areas shall be topsoiled and established with couch free of weeds, where consistent with the Landscape Master Plan.
The Applicant is advised, that to avoid damage being caused to these paths during the construction phase Council may consider accepting an Uncompleted Works Bond equal to 150% of the cost of providing the paths likely in the opinion of Council to be subject to damage from the further development of the site, in order to enable the Plan of Survey to be endorsed by the Council.
Deleted.
Contributions to External Major Pathways
A pathway contribution of $7,514.56 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Price Index, All Groups Brisbane from June 2003 until the date of payment.
Earthworks
Prior to excavating any material to be used for fill on this site or areas adjoining the site, a Development Permit for Operational Works shall have been obtained for the site or areas adjoining the site from which the excavated material is taken. A soil report shall be submitted with the application certifying that the material is free of acid sulphate soils and other deleterious materials.
Fill shall be compacted to 95% relative dry density as per Main Roads Department Test No. Q8A. A registered practicing Geotechnical Engineer shall supervise the placement of all fill and shall certify that all lots/roads have been compacted to the required standard.  To this extent Level 1 supervision in accordance with AS3798-1996 is recommended.
Any existing fill on the site or areas adjoining the site that does not comply with Council’s requirements shall be removed at the direction of the Manager - Land Development prior to additional filling works commencing.
The transportation of all materials to and from the site or areas adjoining the site shall be undertaken in a manner such that no particulate matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Following completion of the filling works and prior to endorsement of the Plan of Survey, the registered practicing Geotechnical Engineer supervising the works shall submit compaction tests across the entire filled areas and a site classification report for each lot subject to filling. The extent of fill and each lot site classification shall be shown on a metes and bounds survey plan.
An appropriate property notation shall be placed on Council's rates records to advise prospective purchasers of lots that have been filled that special foundations requirements will apply.
Construction Issues
A Traffic Management Plan addressing all construction phases is to be prepared by a suitably qualified traffic engineer and submitted to Council for approval prior to any works commencing on site.
The report should aim to address every foreseeable problem that is likely to occur during the construction process and include recommendation on how these can be overcome or minimised. Further, the report will address the public consultation to be undertaken in order to inform residents in the immediate vicinity likely in the opinion of Council to be affected by the works. The report shall be to the reasonable satisfaction of the Manager Land Development.
A Construction Management Plan addressing all construction phases shall be prepared and submitted to Council for approval prior to any works commencing on site.

Engineering Issues
A suitably qualified Registered Professional Engineer, specialising in hydraulics shall prepare engineering drawings and specifications for stormwater designs and shall be submitted in conjunction with an application for a Development Permit for Operational Works.
All designs for engineering works involving the construction of pavements, kerb and channel, vehicular access, footpaths, turnouts, stormwater drainage, water supply or sewerage reticulation shall be prepared in accordance with the requirements of Council's Engineering Design Standards, shall reference where applicable to Council’s Standard Drawings and shall incorporate best engineering practice.
A suitably qualified Registered Professional Engineer shall prepare engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works.
Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil Engineer shall be submitted to Council for each Development Permit for Operational Works issued pursuant to this permit. The engineer shall certify that he has supervised those works and that they have been completed in a workman like manner in accordance with good engineering practice and in accordance with that permit.
As Constructed drawings certified by a registered surveyor showing the extent and finished levels of all works are to be submitted for Council's records.
These drawings must fully detail levels for all engineering works including water supply and sewer reticulation, drainage structures, building floor levels, finished ground levels effluent trenches and pavement surface levels. Drawings shall be on transparencies, a hard copy highlighting any changes from design and in electronic format on an IBM PC compatible floppy disk in a format capable of integration with Council’s computer system.
Approval of works shall not be granted until as constructed drawings have been supplied and accepted by Council.
Survey
Where existing road boundaries are less than 9 metres from existing or proposed road centrelines, or less than 3 metres from the toe or top of batters of existing or proposed roads, the lot layout shall be amended to provide sufficient land in road reserves to achieve these clearances.
Where existing fences are within existing or proposed road reserves, they shall be removed and re-erected on the correct alignment. Any building or other structure erected within a road reserve shall be removed.
Prior to endorsement of the Plan of Survey, the Applicant shall submit to Council a certification of compliance from a registered Surveyor.
Prior to endorsement of the Plan of Survey, a State Survey Mark shall be provided within the site. It shall be levelled and located to the requirements of Council’s Surveying Section.  A ‘Form 6’ shall be submitted for Council's records.
Each State or other permanent survey mark shall be installed clear of overhead vegetation, making it suitable for Global Positioning Equipment, and accurately connected to at least one real property corner by a registered Surveyor.
General
Alterations to lot sizes, number of lots and layout may be required following the issue of a Development Permit for Operational Works in respect of the internal roadworks design.
In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation shall be presented to Council and shall be submitted in the correct form with the fees prescribed in Council's adopted fee schedule.
Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to endorsement of the Plan of Survey.
A programme of works is to be submitted with any application for any Development Permit for Operational Works detailing the construction schedule and proposed environmental protection measures.
Where the program is changed for any reason whatsoever, a copy of the revised program shall be submitted to Council’s Works Inspector within seven (7) days.
The person acting on this permit shall apply and obtain for all other necessary permits including crane permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals required under any other Act.
Additional Condition
164.	For the purpose of these conditions the “site” is the areas identified as lots 1-33, the areas shown as Park on the Vegetation Clearing Plan dated 23 July 2004 and the area shown as Park-Public Esplanade on the Vegetation Clearing Plan dated 23 July 2004.
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.
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	Access and/or carparking, Site Civil Works, Roadworks, Stormwater Drainage, Frontage works (including path construction), Sewer reticulation including new mains, relocations, diversions, pump stations and rising mains, Water reticulation, Site Filling, Excavation of materials to fill another site, Landscaping, Ecological Restoration.
submissions
Thirteen (13) properly made Submissions were received.
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,

Maxwell Potter
Assistant Development Planner

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – 27 November 2003.
Negotiated Decision Notice – 12 August 2004, with an amendment to conditions 1, 2, 4, 7, 9, 14, 17.1, 17.2, 17.3, 18, 19, 20, 21, 22, 23, 24, 32, 33, 36, 42, 43, 48, 49, 52, 55, 56, 57, 60, 63, 65, 68, 73, 75, 79, 80, 81, 82, 84, 86, 87, 88.3, 92, 97, 135, 142, 146, 147 and 148; delete conditions 16, 25, 65.3, 93, 94, 95, 96, 126, 127, and 144; Refuse to change conditions 12, 16, 20, 22.3, 40, 85.2, 85.3, 88, 98, 105, 121, and 146
Decision Notice - Minor 132002.220608.01 – 1 September 2021; change to condition 15.1

	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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ee) NOOSA COUNCIL