REFUSAL Decision Notice MCU16/0081

Officer	Patrick Murphy
Direct Telephone:	07 53296436
Our Reference	MCU16/0081:
Your Reference	15104
21 June 2017

J & G Knowles & Associates Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 15 June 2017 Council decided to refuse the application.

Details of the decision are as follows:
application details
Application No:	MCU16/0081
Street Address:	Noosa Civic 28 Eenie Creek Road Noosaville
Real Property Description:	Lot 3 SP 246584
Planning Scheme:	The Noosa Plan (16 September 2013)
Type of Development
The application sought the following type of development approval:
Development Permit for Material Change of Use of Premises - Multiple housing Type 3 - Retirement & Special Needs
Reasons for Refusal
The proposed development is contrary to the Strategic Framework as the development will place people and property at risk from bushfire and unduly burden disaster management response and recovery capacity and capabilities.
The proposed development is contrary to the Noosaville Locality Code and the Natural Hazards Overlay Code as the development is not compatible with the natural hazard and will place people and property at risk.
The proposed development is contrary to the Natural Hazards Overlay Code as the development will unduly burden disaster management response and recovery capacity and capabilities.
Vegetation removal required within Open Space Precincts 1 and 3 will adversely impact on the intended vegetated entrance to Noosa.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	SARA at DSDIP Level 8 Mike Ahern Centre 12 First Avenue Email:[email protected] MAROOCHYDORE  QLD  4558	Schedule 7 Table 3 Item 2 – exceeding threshold for residential care facility in LGA population 2 (Schedule 9)	The agency provided its response on 14 November 2016 (Reference No. SDA-0816-032636).  A copy of the response is attached.

Advice	Energex Limited Town Planning GPO Box 1461 BRISBANE  QLD  4001	Schedule 7 Table 3 Item 7 – Electricity Infrastructure (premises subject for a supply easement)	The agency provided its response on 2 November 2016 (Reference No. 5390549 346062)
submissions
There were 21 properly made submissions and 1 Petition about the application.  In accordance with Sustainable Planning Act 2009, the name and 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 Sustainable Planning Act 2009 is attached.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Manager, Planning & Environment

cc	SARA at DSDIP
Level 8
Mike Ahern Centre
12 First Avenue
Email:[email protected] Limited
Town Planning
GPO Box 1461
BRISBANE  QLD  4001
Unitywater

Enc	Appeal Rights
Referral Agency Response
List of Submitters
	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address1	Address2	EMAIL
J Sadler	181 Forest Acres Dr	LAKE MACDONALD QLD 4563	[email protected]
R Ledgar	6 Paldao Rise	PEREGIAN BEACH QLD 4573	[email protected]
C Morris	3/124 Noosa Pde	NOOSAVILLE QLD 4566	[email protected]
F & J Ball	16/39 Lake Weyba Dr	NOOSAVILLE QLD 4566	[email protected]
B Jean	10 Fairway Dr	TEWANTIN QLD 4565	[email protected]
K Gardiner	72 Ward St	TEWANTIN QLD 4565	[email protected]
C Tainsh	5/251 Eumarella Rd	WEYBA DOWNS QLD 4562	[email protected]
K Fraser	7 Carter Crt	TEWANTIN QLD 4565	[email protected]
M & A Wright	36 Currawong Cres	PEREGIAN BEACH Q  4573	[email protected]
Wildlife Preservation Society of Qld	PO Box 275	CALOUNDRA QLD 4551	[email protected]
Jane Powell	PO Box 1609	NOOSAVILLE QLD 4566	[email protected]
G & J Rowe	39 Weyba Esp	NOOSA HEADS QLD 4567	N/A
M Powell	PO Box 1609	NOOSAVILLE DC QLD 4566	[email protected]
S Anthony	36 Sands Bvde	TORQUAY VIC 3228	[email protected]
P Rivlin	35 McAnally Dr	SUNSHINE BEACH QLD 4567	N/A
S Gribble Koala Rescue Qld	N/A		[email protected]
A & G Brake	6/259 Eumarella Rd	WEYBA DOWNS QLD 4562	[email protected]
Friends of Lake Weyba	PO Box 1660	NOOSAVILLE QLD 4566	[email protected]
NCBA	N/A		[email protected]
QPWS	PO Box 3454	BURLEIGH TOWN LPO QLD 4220	[email protected]
A White & K Luff	77 Bunneys Lane	KIN KIN QLD 4571	[email protected]
M Stuart-Jones	244 Doonan Bridge Rd	VERRIERDALE QLD 4562	[email protected]
E Walder	PO Box 31	EUMUNDI QLD 4562	n/a
A Hickey	n/a		[email protected]

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

[word/footer1.xml]
Page 2 of 6

[word/footer2.xml]
Page 1 of 6

[word/footer3.xml]
Page 5 of 6

[word/header1.xml]
MCU16/0081

[word/header2.xml]
MCU16/0081

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