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Decision Notice - Minor Change - 132007 12 9 [As Published]

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                                                                                  Officer:            Georgina Schramm
                                                                                  Direct Telephone:   07 5329 6245
                                                                                  Our Reference:      132007.12.9
                                                                                  Your Reference:     WTJ22-514

               22 June 2023


               DWML Subsidiary Pty Ltd as trustee for DREP1 Noosaville Trust
               C/- Willowtree Planning Pty Ltd
               Suite 1 Level 10
               56 Berry Street
               NORTH SYDNEY NSW 2060
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 20 December 2022, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              132007.12.9

                   Street address:              88a Goodchap St Noosaville Qld 4566 & 90 Goodchap St
                                                NOOSAVILLE QLD 4566

                   Real property description:   Lot 4 SP 196846
                                                Lot 1 SP 264909
                                                Part Lot 3 SP 264909
                                                Lot 1 SP 264909

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 13 December 2007
               •       Development Permit for Material Change of Use – Commercial Business Type 1 & 2,
                       Education Type 3 – Adult, Retail Business Type 1 – Local & Type 2 – Shop and Salon,
                       Entertainment and Dining Type 1 – Food & Beverage.
               In relation to the request to make a minor change to the existing approval, Council on 15 June
               2023, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend conditions 1, 12 and 13 and;
               C.      Include the following additional conditions 78, 79, 80, 81, 82 and 83.

               ABN 97.969.214.121                                                                PO Box 141
               noosa.qld.gov.au                                                           Tewantin QLD 4565
               [email protected]                                                           07 5329 6500
                                                                                                          Page 1 of 18
Document Set ID: 22465906
Version: 7, Version Date: 22/06/2023
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               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

               Land Use
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                        Plan No.          Rev.   Plan/Document Name                         Date

                        CP 2.02C-2          4    Proposed Parking on site, prepared by 23 February 2023
                                                 Team2 Architects

                        DA-02-F             3    Proposed Overall Podium            Level, 23 February 2023
                                                 prepared by Team2 Architects

                        DA-03-F             1    Proposed Overall Upper Level, prepared 23 February 2023
                                                 by Team2 Architects

                        0427- DA05E         -    Stage 2 Podium Plan, drawn by Middap 13/12/2007
                                                 Ditchfield Pty Ltd

                        0427 - DA06E        -    Stage 2 Upper Floor Plan, drawn by 13/12/2007
                                                 Middap Ditchfield Pty Ltd

                        0427 - DA07D        -    Stage 2 Roof Plan, drawn by Middap 13/12/2007
                                                 Ditchfield Pty Ltd
                                                 Proposed Elevations & Sections,
                        0427- DA09D         -    drawn by Middap Ditchfield Pty Ltd         13/12/2007
                                                 Plan of Lots 4, 5 & Emt D (Restricted)
                                                 in Lot 4 SP 196846, drawn by Jones
                                                 Flint & Pike
                        DA 01F                   Site Plan, drawn by Middap
                                            -    Architecture Pt (as annotated by           March 2017
                                                 Council)

                        DA 02F              -    Level 1 Plan, drawn by Middap March 2017
                                                 Architecture

                        DA 03F              -    Level 2 Plan, drawn by Middap March 2017
                                                 Architecture

                        DA 04F              -    Level 3 Plan, drawn by Middap March 2017
                                                 Architecture (as annotated by Council)

                        DA 05F              1    Elevations (North-east & South-East), March 2017
                                                 drawn by Middap Architecture (as
                                                 annotated by Council)

                        DA 06F              -    Elevs (South West & North West) and March 2017
                                                 Section

                        DA—201              1    Elevations,    prepared    by    Team2 19 December 2022
                                                 Architects


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               2.      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.
               3.      The open space and setback areas are to be landscaped in accordance with Council's
                       Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by
                       a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be
                       completed prior to the premises being occupied and maintained at all times thereafter.
                       The Landscape Plans required to be submitted are to demonstrate dense vegetation
                       comprising native trees and shrubs and include some mature plantings within the setback
                       areas of the proposed car park structure, to assist providing a visual screen and buffer to
                       adjoining residential premises.
               4.      Existing trees on the site and within road reserves are to be retained, except where
                       required to be removed due to building operations or the conduct of the approved use.
               5.      Any advertising sign or device is to comply with Council's policies on advertising.
               6.      All goods are to be displayed on site within the property boundaries and/or on the
                       premises approved for the use.
               7.      Secure bicycle racks shall be provided on site to accommodate a minimum of 48
                       bicycles. The proposed bicycle racks shall be identified on the plans submitted for
                       Operational Works approval and shall be located to the reasonable satisfaction of the
                       Council.
               8.      End of trip facilities shall be provided within the approved buildings at a minimum rate of
                       24 lockers and 4 showers.
               9.      Deleted.
               10.     The proposed development shall not exceed a maximum height of 2 storeys and 10
                       metres above natural ground level with the exception of;
                       a.     building B, which may be 3 storeys in height; and
                       b.     stage D building (refer Site Plan DA 01F) which must not exceed a height of 9.8 metres
                              above natural and finished ground level, with the lift overrun not exceeding 10.5 metres.
               11.     A verification survey of the building is to be carried out by a Licensed Surveyor and a
                       certificate lodged with Council at completion of work confirming compliance with the
                       maximum allowable building height as required by the condition 10 of the approval.
               12.     The development is permitted a total maximum use area of 6,826m² with each individual use
                       having the following maximum use areas:
                     a. Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact area
                        and 1,998m² of non-student contact area;
                     b. Retail Business - Type 1 – Local, 100m²;
                     c. Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business Type
                        1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
                     d. The remaining use area being available for:
                             i.   Commercial Business Type 1 – Office;
                             ii. Commercial Business Type 2 – Medical; and
                             iii. Commercial Business Type 3 – Veterinary.
                       Student contact area comprises all areas used for student lectures, tutorials or the like.




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               Car Parking
               Off Street
               13.    The development shall provide car parking spaces on the site at a minimum rate of 369 car
                      parking spaces (including 40 parking spaces for the childcare centre) for Stages A, B, C &
                      E, with a total of 403 car parking spaces at the completion of Stage D (refer Site Plan DA
                      01F). Provision for 16 motorcycle or scooter park spaces must be included in the total number
                      of car spaces.
               14.    Any new kitchen, laundry and bathroom fittings are to comply with the AAA Water
                      Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products
                      - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage
                      Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating
                      System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per
                      min. Dishwashers and washing machines are excluded from this requirement.
               15.    Deleted.
               16.    The development shall be undertaken in accordance with the recommendations of the
                      Acoustic Report prepared by TTM Consulting (SC) Pty Ltd.
               17.    Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
                      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.
               18.    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.
               19.    The Development Permit for a Material Change of Use and Reconfiguring a Lot lapses
                      if the use has not happened by 17 February 2014, unless an application to extend the
                      currency is approved by Council.
               20.    The developer must obtain all of the other Development Permits referred to in the
                      Decision Notice, prior to obtaining a Development Permit for Building Works.
               Land Development
               Reconfiguring a Lot
               21.    The lot reconfiguration shall be in accordance with plan SP196846 as submitted by
                      Jones Flint & Pike Pty Ltd except as modified herein.
               22.    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.
               23.    Pursuant to Section 3.7.3(3)(c) 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.
               24.    The applicant shall provide a 2m by 2m truncation on each corner of Lot 4 adjacent to
                      Lot 1 on RP802360 on either side of Council's pathway to assist service vehicle access.
                      An underground electricity service shall be provided to service all parts of Lot 4 if not
                      already provided. The service shall be provided before the use commences.
               25.    All parts of lot 4 shall be serviced by water supply appropriate for necessary
                      requirements, such as firefighting. The service shall be provided before the use
                      commences.
                      Vehicle Access
               26.    The eastern site access intersection shall be modified to increase the length of the
                      parallel right turn storage lane to at least 20 metres.


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               27.    The existing primary vehicular access driveway off Goodchap Street (eastern access)
                      shall be modified by the construction of a splitter island at the entrance should be
                      extended to preclude right turns in or out of the car parking aisle along the front of the
                      eastern building.
               28.    All driveways shall be designed and constructed to Council's design standards and to
                      grades that prevent vehicles from scraping and/or bottoming whilst also allowing
                      pedestrians movements along the footpath without any step or level difference. Should
                      any driveways be constructed to grades that do not comply with AS2890.1-2004, Council
                      will require that the driveway be removed and reconstructed to levels that do comply.
               29.    To ensure pedestrian safety between vehicles exiting the site and pedestrians/cyclists
                      on the footpath, the driveway and any associated fencing or vegetation near the
                      driveway shall comply with the minimum sight line requirements as defined in AS2890.1,
                      section 3.2.4. The applicant shall demonstrate compliance by illustrating these sight
                      lines on the plans submitted for both Operational Works approval and Building Works
                      approval.
               30.    In regard to the existing pathway between the two parts of Lot 4, buildings shall be
                      modified as necessary to achieve these sight distances and this compliance
                      demonstrated in the plans submitted as part of the operational works approval. The
                      crossing shall also be a raised type, be appropriately lit and give priority to pedestrians
                      and cyclists.
               31.    The access to and from Traders Lane will only be permitted for use by service and
                      emergency vehicles. A sign indicating this shall be installed at the exit.
               32.    In any operational works application, the developer shall demonstrate by the way of a
                      turning template, that service and emergency vehicles can access the site via Traders
                      Lane. If this cannot be achieved the building shall be set back or modified to allow entry
                      of these vehicles.
               33.    All vehicles shall enter and leave the site in a forward direction.
                      Loading Areas
               34.    Two combined loading zone/carpark spaces shall be included on site and operate as a
                      Loading Zone between the hours of 8 am to 11 am weekdays and shall be sign posted to
                      indicate this.
               35.    The combined loading zone / carpark space shall be sized to accommodate a small rigid
                      vehicle in accordance with AS 2890.2 - 1989. These spaces will be indicated on the
                      operational works application for car parking.
                      Car Parking
                      Off Street
               36.    The development shall provide car parking spaces on the site at a minimum rate of 369
                      car parking spaces (including 40 parking spaces for the childcare centre) for Stages A,
                      B & C, with a total of 403 car parking spaces at the completion of Stage D (refer Site
                      Plan DA 01F). Provision for 8 motorcycle or scooter park spaces must be included in the
                      total number of car spaces.
               37.    All public parking spaces should be a minimum of 5.4m by 2.6m with 6.2m wide aisles,
                      although staff parking spaces may be reduced to 5.4m by 2.4m with 6.2m aisles. In all
                      other respects, the designs should comply with AS2890.1 - 2004.
               38.    Vehicular access to the site shall be primarily from Goodchap Street and car parking shall
                      be generally in accordance with the approved plans.
               39.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
               40.    All staff carpark spaces shall be clearly defined by line marking each space with the
                      words "Staff Parking Only" and by sign posting each space with a similar wording.



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                      Pathway Lighting
               41.    The existing pathway between the two existing lots shall have lighting installed from
                      Goodchap Street to the rear boundary of Lot 4. This lighting shall have a high energy
                      efficient rating to the reasonable satisfaction of Council and be designed to meet
                      appropriate safety standards and not to adversely impact residences in the area.
               Vegetation Protection & Preservation
               42.    Vehicular pavements within the drip zone of any of the existing trees on site to be
                      retained shall be designed as a pervious pavement (such as grass paving cells or
                      similar), as this will allow water that falls on this surface to penetrate to the trees root
                      system. The pavement shall be constructed so as not to damage the tree or their root
                      system and in this regard temporary fencing shall be provided around the trees during
                      construction to help protect them.
                      Plans shall be submitted to the Council for approval that clearly show the type and extent
                      of the pervious pavement and the temporary fencing prior to obtaining a Development
                      Permit for Operational Works.
                      Frontage Works
               43.    Tree planting is required to the Goodchap Street frontage of Proposed Lot 5 in
                      accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines.
                      Roof Water & Stormwater Drainage
               44.    Stage A - Roof runoff from any new building shall be directed to a rainwater storage
                      system or tank (minimum storage the greater of 5000 litres or 15 litres/m2 of roof area)
                      that is installed to ensure water from the tank is used for external uses (such as watering
                      gardens, irrigation, ornamental ponds, water features, outdoor cleaning, etc) and for use
                      in flushing of toilets internal to the building. All rainwater tanks are to be designed and
                      installed in accordance with the Queensland Development Code (QDC), Part 25 -
                      Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
                      building approval. The location and capacity of the tanks shall be clearly shown on the
                      plans submitted for Building Works / Operational Works approval and any overflow shall
                      be directed to an approved discharge point.
                      All stages:
               45.    All stormwater drainage (including roof water overflow from the rainwater storage
                      system) must be collected and discharged so there is no net increase in stormwater
                      runoff from the site.
               46.    A Stormwater Management Plan must be submitted to Council in conjunction with an
                      operational works application to demonstrate how water quality and quantity objectives
                      are to be met as follows:
                      •       No increase in peak flow runoff from the site up to and including a one in 100 year ARI.
                      •       80% reduction in total suspended solids;
                      •       60% reduction in total Phosphorus
                      •       45% reduction in total Nitrogen compared to an unmitigated development scenario.
                      This Management Plan must set the objectives and include a plan indicating location
                      and sizing of the devices prosed. The operational works application shall be in
                      accordance with this plan and buildings must be modified if required to accommodate the
                      treatment infrastructure wholly within the allotment.
                      A maintenance plan for the treatment devices must be complied with for the duration of
                      the approved uses.
                      A Development Permit for Building Works must not be granted until a Development
                      Permit for Operational Works has been issued in regard to the drainage scheme.


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               47.    All site stormwater drainage shall be by means of a gravity system.
                      Sewer Mains
               48.    All parts of the site shall be connected to Council's existing sewerage reticulation
                      systems and be constructed in accordance with Council's standards and requirements
                      at no cost to Council.
                      Town Water Supply
               49.    All parts of the site shall be connected to Council's existing town water supply and be
                      constructed in accordance with Council's standards and requirements at no cost to
                      Council.
               50.    For Multiple Uses (including Building Format Plans, Group Title Plans, etc)                     the
                      development shall be served by:
                      50.1 A single Body Corporate water meter to measure the total water consumption
                           (including fire hose reels, but excluding fire hydrants and fire sprinkler systems),
                           and
                      50.2 Individual water meters to each tenement capable of being separately rated, and
                      50.3 A fire service (fully testable single detector check with metered bypass), where
                           applicable, for flows to fire hydrants and fire sprinkler systems (excluding fire hose
                           reels).
                      Earthworks
               51.    Filling works required on site shall be carried out in accordance with Section 3.8 of
                      Council's Engineering Design Standards Manual and so as not to cause the additional
                      ponding of water on any adjoining lands or the blockage of, or interference with, any
                      existing overland flowpaths. Detailed site surveys indicating natural surface levels and
                      contours of the adjoining properties must be provided with the application for a
                      Development Permit for Operational Works for Filling and Drainage.
                      This may require the design and construction of drainage pipes and/or an overland flow-
                      path within the development site that caters for drainage from the adjoining sites for a
                      design storm with an Average Recurrence Interval of 1 in 100 years. A private easement
                      for the Drainage of Water encompassing the drainage pipes or overland flow-path will
                      also be required. In this regard a Development Permit for Operational Works shall be
                      obtained.
                      Should evidence be provided to Council indicating that no additional ponding of
                      stormwater will occur on the adjoining properties the requirement for the drainage pipes,
                      overland flow- path and easement shall not apply.
               52.    Earthworks carried out on site shall not affect the structural integrity of any of the existing
                      fences or structures that border the development site. Fences that are affected shall be
                      replaced prior to the Building Certifier issuing the Certificate of Classification. In this
                      regard any fences to be replaced shall be clearly shown on the plans submitted for
                      Operational Works approval.
                      Acid Sulfate Soils
               53.    As the site is located below the 5m AHO, any excavation works consisting of 100m3 or
                      greater and/or any filling works consisting of 500m3 or greater and with an average depth
                      of 0.5m or greater will need to be carried out in accordance with State Planning Policy
                      2/02 Planning and Managing Development Involving Acid Sulfate Soils. In this regard
                      appropriate testing and supporting documentation prepared by a suitably qualified
                      specialist shall be submitted to Council for approval prior to obtaining a Development
                      Permit for Operational Works.




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                      Erosion and Sediment Control
               54.    Any person acting on this permit shall prevent erosion and sediment export from leaving
                      the site. Site control measures such as silt fencing, controlled gravel access to the site
                      and controlled disposal of waste, will be necessary.
                      In this regard plans detailing the methods of controlling erosion and sediment are
                      required to be submitted to the Council for approval prior to obtaining a Development
                      Permit for Operational Works.
               55.    Monetary contributions shall be paid to Noosa Council towards the cost of providing
                      and/or upgrading various infrastructure at the rates applicable at the time of payment.
                      An estimate only of the contribution amounts under the current Council policies and
                      requirements is outlined in the table below:

                                                                                    STAGE B             TOTAL
                        Contribution Required For:                 STAGE A        (in addition to      Stage A+
                                                                                     Stage A)          Stage B

                        PSP12 - Public Open Space                   $3,233                $0            $ 3,233
                        Contributions (Park)
                         PSP16 - Seweraqe Headworks                 $ 34,617        $ 14,785            $49,402
                         Contributions
                        PSP17   -Water Supply Headworks             $29,629         $25,727             $55,356
                        Contributions
                        PSP20 - Pathway Trunk Network               $ 3,266               $0            $3,266
                        Contributions


                                TOTAL Contribution Amount =                I   $ 70,745    I $40,512      I $111,257
                              Please note, that these amounts are all subject to variations in the Consumer Price
                              Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment.


                      All contributions must be paid prior to the issue of a Development Permit for Operational
                      Works for the relevant stage.
                      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
                      not be paid at the due time, Council shall call upon the trading bank guarantee in full.
                      Processing of bonds for security where specific Council approval has been given for
                      the bonding of contributions will incur an administration fee in accordance with Council's
                      Land Development Commercial & Regulatory Fees at the time of lodgement.
                      In the event that the Development Permit for Material Change of Use of Premises
                      lapses or is cancelled, the paid contributions and/or the trading bank guarantee will be
                      returned.
                     General
               56.    A suitably qualified Registered Professional Engineer shall prepare engineering
                      drawings and specifications for all engineering works that will become Council
                      infrastructure, which shall be submitted in conjunction with an application for a
                      Development Permit for Operational Works. To avoid conflict with underground pipes or
                      services, all existing and proposed services required by the development shall be shown
                      on the plans.
               57.    Any alteration of any public utility or other facilities necessitated by the development of
                      the land or associated construction works external to the site shall be at no cost to
                      Council.




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               58.    The transportation of all materials to and from the site shall be undertaken in a manner
                      such that no particle 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.
               Environmental Health
               59.    The developer must provide waste storage and disposal facilities in accordance with
                      Planning Scheme Policy No. 9 "Waste Management Multi-Dwellings and Commercial
                      and Industrial Premises", including an external imperviously paved area correctly sized
                      for all refuse and recycling containers and suitably screened from public places and
                      neighbouring properties .
               60.    Refuse containers .must be provided in accordance with the requirements of the
                      Environmental Protection (Interim Waste) Regulations 1996 and (Waste Management)
                      Regulation 2000, for the storage and collection of refuse.
               61.    All refrigeration plant including motors, shall be situated within the building or suitably
                      provided with noise reduction measures and located as to prevent a noise nuisance
                      beyond the subject land in accordance with the nuisance provisions of the Environmental
                      Protection Regulation 1998. On the spot fines apply for such offences.
               62.    Noise emission from air conditioning equipment shall comply with the following
                      requirements:
                      62.1 The equipment shall be installed and located in a manner which prevents noise
                           nuisance beyond the subject land in accordance with the nuisance provisions of
                           the Environmental Protection Regulation 1998 and Council's Local Law No. 12 -
                           Control of Nuisances. Infringement Notices (on-the-spot fines) may apply for
                           offences.
                      62.2 Submission of written certification from a suitably qualified person confirming that
                           the noise levels comply when measured at the nearest residential boundary. This
                           is required immediately after installation of the equipment and prior to any
                           occupation of the building, and in a format approved by Council.
                      62.3 A perso
                                 · n must not use equipment on any day if it makes or causes noise
                           to be made
                              62.3.1   Before 7am or after 1Opm: More than the lower of either -
                                         •    40 d(B)A
                                         •    3 d(B)A above the background noise level
                              62.3.2   From 7am to 7pm: More than the lower of either -
                                         •    50 d(B)A
                                         •    5 d(B)A above the background noise level
                              62.3.3    From 7pm to 10pm: More than 3 d(B)A above the            background
                                   noise level.
               Additional Conditions (7/3/08)

               63.    The applicant shall enter into an infrastructure agreement with Council with regard to the
                      provision of private services within the 5m wide road reserve that divides the two separate
                      parts of Lot 4 prior to the use commencing on the northern part of Lot 4. The conditions of
                      the infrastructure agreement shall:
                      a)      Provide for the installation, maintenance and preservation of the private water an
                              electrical services that supply the separate parts of Lot 4,
                      b)      Provide for the maintenance of the road reserve in those parts affected by the
                              private services,


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                      c)      State that the applicant is responsible for obtaining approval for the design and
                              construction of the various services from the relevant authority,
                      d)      State that the design and construction of the services shall be wholly at the
                              applicant's expense and shall not entail a financial encumbrance on future
                              purchasers of the proposed lot, and
                      e)      Be to the satisfaction of the Department of Natural Resources and Water
                              (DNR&W). If DNR&W does not consent to the private services crossing their land
                              the applicant shall find an alternative means of providing services to the balance
                              of Lot 4 prior to the use commencing.
               64.    The required contributions shall be paid to Council and the associated car parking
                      constructed.
               Additional Conditions (16/3/10)
               65.    Deleted
               66.    Where vehicular access arrangements are varied in accordance with the alternative
                      access arrangements identified by Condition 69, the applicant shall design and construct
                      an indented bus bay in Goodchap Street to replace the existing kerb side bus stop
                      located in the frontages of No 135-137 Goodchap Street. The works for the bus bay shall
                      include but not be limited to the following:-
                      i.      Be located generally in accordance with Drawing No. P1OC, Job No. 06679
                              prepared by TOD Noosa dated 29 May 2009,
                      ii.     Be designed and constructed generally in accordance with Translink's "Regular
                              Stop" as shown on Translink Drawing No. TL-R02 with the following
                              modifications:
                               a.      The kerb type in the tapers must provide unimpeded access to the two
                                       affected residential properties,
                               b.      The minimum taper on the approach should be approximately 20m,
                               c.      The new taper should be 1 in 7, and
                              d.       The minimum length of the bus stop itself is 20m.
                      iii.    The pad, seat, bin, signage and tactile indicators as shown on Translink's "Regular
                              Stop" as shown on Translink Drawing No.TL-R02.
                      iv.     Any modifications to and realignment of the existing residential access driveways,
                      v.      A 2m wide concrete footpath connecting the bus stop to the existing footpath in
                              Goodchap Street.
                      In this regard a schedule of works, specifications and plans detailing this work shall be
                      prepared and submitted to Council as part of an application for Operational Works.
               67.    Prior to the issue of any Building Approval and commencement of the construction of
                      Stage D (refer Site Plan DA 01F) in the northwest corner of the site, an Operational
                      Works approval shall be obtained to address necessary vehicle access arrangements
                      and additional vehicle movements to, and within the site.
               Additional conditions 18 July 2019
               68.    Staging of the development is to be in accordance with Site Plan DA 01F (as annotated by
                      Council).
                      Access for Stage D




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               69.    Vehicular access arrangements must be varied to allow for an alternative access
                      arrangement for northern vehicle access to the site from Goodchap Street. The
                      alternative access arrangement shall be generally in accordance with Drawing No.
                      17548-C003 Rev B prepared by TOD Noosa dated 14 September 2018. The works shall
                      include but not be limited to:-
                      i.      The linemarking necessary to provide the right turn lane and
                              associated medians,
                      ii.     The direction linemarking within the existing access,
                      iii.    The widening of the current vehicle crossover, and
                      iv.     Any works associated with the existing Telstra pit to the satisfaction of Telstra.
                              Suitable certification from Telstra shall be submitted to Council prior to the
                              commencement of any works and at the completion of the works.
                      Further, a schedule of works, specifications and plans detailing this work shall be
                      prepared and submitted to Council for approval as part of an application for Operational
                      Works
                      Pedestrian Access – Stage D
               70.    The pedestrian bridge (as annotated on the approved plans) cannot be constructed until
                      a road closure approval has been obtained from the Department of Natural Resources
                      and Mines. Council’s consent is to be obtained prior to the application being lodged with
                      the Department.
                      Stormwater Management – Stages C & D (Lot 3 RP264909)
               71.    The stormwater management design must be submitted with an Operational Works
                      application and must demonstrate that the bioretention basin will only receive stormwater
                      flows from catchments the bioretention basin is modelled to treat for water quality
                      improvement purposes (i.e. Sub 2 as detailed on Figure 4 in the Stormwater Management
                      Plan for Lot 4 Good Chap Street Noosaville by Aquaintel dated 25 June 2017). Any detention
                      area required for catchments that are not modelled to be treated by the bioretention basin,
                      must be redirected around or under the bioretention basin.
               72.    Prior to commencement of use of any stage serviced by a stormwater quality treatment
                      device, such as a bioretention basin, the Community Management Statement must be
                      updated to identify and schedule the maintenance requirements for the stormwater quality
                      treatment device asset for that relevant stage.
               73.    Vegetated stormwater quality treatment infrastructure must be maintained in accordance with
                      the manufacturer’s specifications or for vegetated stormwater quality improvement assets,
                      the Water by Design Guideline for Maintaining Vegetated Stormwater Assets
                      Construction Management Plan – Stages C & D
               74.    A Construction Management Plan must be submitted to Council prior to a pre-start
                      meeting and must specifically address the following:
                      a.      Traffic Management during all aspects of the construction phase including:
                              i.       A 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
                              ii.      Adequate parking arrangements for patrons utilising the site and construction
                                       workers
                              iii.     Proposed fencing to the site during the construction phase of the development
                              iv.      No queuing of trucks is permitted on Goodchap St or Eumundi Noosa Road,
                                       especially prior to 7.00am. Further parked trucks must have engines turned off
                      b.      Maintenance and protection of the adjoining Lake Doonella Bush Reserve


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                      c.      Maintenance and protection of water quality and existing drainage lines through the
                              construction site through the implementation of appropriate erosion and sediment
                              control measures
                      d.      Works programme identifying key components of the works and their respective
                              durations
                      e.      Establishment of a communication protocol with the general public, adjoining owners
                              (especially residential), emergency services and local businesses to advise of agreed
                              construction times, impacts on traffic and services and other relevant issues
                      f.      Identification of complaint management procedures including:
                              i.       contact details for the on-site manager
                              ii.      dispute resolution procedures
                      For haulage operations involving significant volumes of fill material or excavated material
                      being transported onto or off the site: details on the location of external fill sites/sources, the
                      haulage route, type of vehicle to be utilised during filling operations and frequency of usage.
                      Any damage to the existing road system as a result of haulage operations shall be fully
                      repaired at the applicant’s expense.
                      Landscaping
               75.    The area between Stage D and the extent of the northern boundary must be densely
                      landscaped at a minimum width of 2 metres in accordance with an Operational Works
                      approval. Screening vegetation must be planted in accordance with Council’s Planning
                      Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must
                      consist of native, endemic species.
                      Nature and Extent of Approved Use - Veterinary
               76.    Service vehicle movements associated with the approved use (including loading and
                      unloading) must not occur outside the hours of 7am to 7pm. The requirements of this
                      condition must be included in the Community Management Statement for anybody
                      corporate for the subject site
                      Sunset Clause
               77.    Pursuant to s88(1) of the Planning Act 2016, the uncompleted aspects of the approval for
                      Stage D lapses if the whole of the approved use has not happened 18 July 2025.
               Additional Conditions – 15 June 2023
                     Nature and Extent of Approved Use – Medical – Radiation Oncology Building - STAGE
                     E
               78.    The ‘proposed building extension’ as annotated on Approved Plan No. CP2.02C-2 is for the
                      purpose of administering radiation oncology treatment only.
               79.    All car parking and motorcycle spaces are shown on Approved Plan No. CP2.02C-2 are to
                      be constructed prior to the Final Certificate being issued for Tenancy 1.05.
               Landscaping improvements
               80.    The developments landscaped areas must be refurbished in the areas as shown on Plan
                      CP2.02C-2-1 (refer to reference document). The landscape gardens identified must be
                      refurbished to be generally in accordance with the approved Operational Works landscape
                      plans associated with approval 23790DA. In addition to works identified on the approved
                      landscape Operational Works plans the refurbishment works must include:
                      a.      45 litre replacement Cupaniopsis anacardioides (or otherwise approved by Council) on
                              the southern side of the proposed building extension
                      b.      45 litre Syzigium oleosum (or otherwise approved by Council) to be provided in the
                              south eastern portion of the site adjacent carparks 140 and 141.



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               81.    Prior to occupation of Tenancy 1.09 the following (prepared by respective qualified persons*
                      and certifying compliance with approvals) must be submitted to Council:
                      73.1. Landscaping certification confirming all works have been constructed in accordance
                            with conditions of approval.
                      73.1. Certification all trees meet AS2303 Tree stock for landscape use.
                      Landscape works must be supervised, undertaken, and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               82.    Where damage occurs to any Council asset as a result of the development works, it must
                      be repaired immediately where it creates a hazard that presents risk to person or property.
                      Other damage must be repaired prior to completion of works.
                      Car parking
               83.    The altered parking layout is to be implemented in accordance with the requirements of
                      Australian Standard AS/NZS 2890.1-2004.
                      After the carpark amendments have been implemented, and before the final signoff of the
                      completed development, an RPEQ is to certify that the amendments to the carparking layout
                      have been implemented in accordance with the above condition.
               5.     REFERENCE DOCUMENTS

                Plan No.               Rev.   Plan/Document Name                                  Date

                CP 2.02C-2              4     Proposed Parking on site, prepared by Team2 23    February
                                              Architects (annotated by Council – Landscape 2023
                                              Reburishment Area)

               6.     REFERRAL AGENCIES

               Not Applicable
               7.     ADVISORY NOTES

               1.     For the purpose of these conditions, the following definitions apply: -
                      1.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be
                           endorsed by Council pursuant to S3.7.1 of the Integrated Planning Act 1997.
                      1.2. A registered Professional Civil Engineer means an civil engineer who is registered
                           in Queensland pursuant to the Professional Engineers Act 1988.
                      1.3. Carparking area means a parking area as defined in the Noosa Plan inclusive of
                           manoeuvring areas and access from the roadway.
                      1.4. The person acting on this permit means any person or company who undertakes
                           development pursuant to this permit.
                      1.5. AS 2890.1 – 2004 means Australian Standard for Off Street Carparking - AS 2890.1-
                           2004.
                      1.6. Principal Contractor means the person nominated by the Applicant and approved by
                           the Manager - Land Development at a pre-start meeting as being responsible for the
                           major component of works associated with a Development Permit for Operational
                           Works of any works on the site.




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               2.     The applicant is advised that development contributions and infrastructure charges
                      applicable to this development approval have been based on the following Uses Class/ Uses
                      and applicable quantities:-

                          Existing Development                               Approved Development
                         (References = 23495DA;                              (Reference = 2007/0012)
                         2004/5231; 20050866; &
                               2006/2435)

                                                                                           Approved Quantity
                    Existing Use       Existing           Approved Use
                    Class / Use        Quantity           Class / Use
                                                                               STAGE A                 STAGE B

                    Commercial                            Commercial         2,178 m2
                                       1,630 m2 Use
                    Business                              Business Type 1    Maximum Use      1,368 m2 Maximum Use Area
                                       Area
                    Type 1 Office                         Office             Area

                                                                             3,000 m2
                    Commercial         2,460 m2 Use                          Maximum Use
                                                          Commercial                          3,000 m2 Maximum Use Area
                    Business           Area (equivalent                      Area
                                                          Business Type 2                     (equivalent to 67 consulting
                    Type 2             to 55 consulting                      (equivalent to
                                                          Medical                             rooms)
                    Medical            rooms)                                67 consulting
                                                                             rooms)

                    Retail                                                   100 m2
                                                          Retail Business
                    Business           100 m2 Use Area                       Maximum Use      100 m2 Maximum Use Area
                                                          Type 1 Local
                    Type 1 Local                                             Area

                    Retail
                    Business
                                                          Retail Business
                    Type 2 Shop;
                                                          Type 2 Shop; &     236 m2
                    &
                                       236 m2 Use Area    Entertainment &    Maximum Use      236 m2 Maximum Use Area
                    Entertainment
                                                          Dining Type 1      Area
                    & Dining
                                                          Food & Beverage
                    Type 1 Food
                    & Beverage

                                                                             790 m2
                    Education          790 m2 Use Area    Education Type 3   Maximum Use      1,600 m2 Maximum Use Area
                    Type 3 Adult       (70 students)      Adult              Area             (140 students)
                                                                             (70 students)

                                           5,216 m2       TOTAL Maximum         6,304 m2                6,304 m2
                      TOTAL =                                Use Area
                                           Use Area         Allowable =        Use Area                Use Area


               3.     The applicant is informed that approval of this development application will trigger an
                      Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
                      Charges Plan for the estimated amount of $157,394 (STAGE A) and $0 (STAGE B) =
                      TOTAL (Stage A + Stage B) = $157,394 and is subject to variations in the Consumer Price
                      Index, All Groups Brisbane from SEPTEMBER 2008 until the date of payment. An
                      Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
                      Planning Act 1997.
               4.     The applicant is informed that payment via credit card transaction will not be an acceptable
                      method of payment for development contributions conditioned in this permit or for
                      infrastructure charge notices issued separately.




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               5.     Digital detailed designs including drawings, calculations, specifications and a schedule of
                      works, shall be submitted with any application for a Development Permit for Operational
                      Works in respect of roadworks and stormwater drainage works. In this regard a DXF/DWG
                      file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
                      with any application for Operational Works. The design shall be in accordance with Council’s
                      Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and
                      Earthworks.
               6.     To facilitate production of As Constructed drawings it is suggested that all design drawings
                      are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
                      the use of ADAC are available at www.adac.com.au).
               7.     Prior to the commencement of the development, a plumbing assessment must be obtained
                      from Noosa Council’s Plumbing Services Section in accordance with the Plumbing &
                      Drainage Act 2002 (as applicable).
               8.     The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
                      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
                      building site in a way that makes or causes audible noise to be made from the building work:-
                      8.1. On a Sunday or public holiday, at any time; or
                      8.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
                      A maximum penalty of $1,500 applies to an offence under this legislation.
               9.     Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act
                      if the cost of operational works exceeds $150,000, then a portable long service leave levy is
                      required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
                      the approved form issued by the Building and Construction Industry (Portable Long Service
                      Leave) Authority that confirms that the requirements of the Act have been satisfied. A
                      statutory declaration outlining the cost of the operational works must be submitted to Council
                      with the lodgement of any application for operational works over the site.
               10.    The plans for the proposed building work have not been assessed for compliance with the
                      requirements of the Building Code of Australia as they relate to people with disabilities. Your
                      attention is drawn to the matter that either or both the Disability Discrimination Act 1992
                      (commonwealth) and the Anti-Discrimination Act 1991(Queensland) may impact on the
                      proposed building work.
               11.    Noosa Council recommends that the following matters be considered to address equitable
                      access and facilities in the building:-
                      A.      The building and environs should be designed to meet the requirements of the Human
                              Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises”
                              and AS1428.2;
                              1.       Applicants should be aware that a “Disability Standard on Access to Premises is
                                       being developed and most likely will result in changes to the Building Code of
                                       Australia;
                              2.       Any services and facilities in the building complex must allow independent,
                                       dignified and equitable use of the services and facilities for all people.
               12.    This proposal has not been assessed in relation to the spread of fire between properties /
                      buildings. It is the building certifiers responsibility to assess the requirements for fire services,
                      fire separation and appropriate methods of construction as part of the building works approval
                      process. Referral to the Queensland Fire and Rescue Service (QFRS) may be required as
                      part of the Building Approval process.




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               13.    The development should 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, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any
                      other emissions in accordance with the nuisance provisions of the Environmental Protection
                      Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
               14.    Noise from building works associated with commercial and or industrial development should
                      comply with the following –
                      14.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
                      14.2. All reasonable measures are taken to minimise noise emissions.
                      14.3. Not permitted on Sunday or public holidays.
               15.    In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
                      paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be
                      placed where it could reasonably be expected to move into a roadside gutter, storm water
                      drain or a watercourse. On the spot fines apply for such offences.
               Additional Advisory Note
               Infrastructure Charges
               16.    All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,      please       refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
               •      (Other Change dated 18 July 2019) This Infrastructure Charge applies only to the
                      additional development of 675 m2 GFA and 1,766m2 impervious area located on the
                      vacant area of land approved by this Change to the Existing Approval being additional to
                      the previously approved existing lawful development.
               •      (Other Change dated 15 June 2023) This Infrastructure Charge applies only to the
                      additional development of 133 m2 GFA approved by this Minor Change to the Existing
                      Approval being additional to the previously approved existing lawful development.
               8.     PROPERTY NOTES

               Not applicable
               9.     VARIATION APPROVAL DETAILS

               Not applicable
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

                Development            Permit   for   Operational Landscaping, Access and Carparking, Site Civil
                Works                                             Works, Roadworks, Stormwater Drainage,
                                                                  Frontage Works, Site Filling and Erosion &
                                                                  Sediment Control.

                Development Permit for Building Works              Building Works

               11.    SUBMISSIONS

               Not applicable.
               12.    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.




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               13.       OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,




               Patrick Murphy
               Manager, Development Assessment

               Enc:      Appeal Rights
                         Infrastructure Charge Notice
                         Approved Plans/Documents



               cc.       Unitywater




               DECISION NOTICE HISTORY
               •     Original Decision Notice – 13 December 2007
               •     Negotiated Decision Notice – 11 March 2008, with an amendment to conditions 7, 10.5. 15, 24, 25 & 55, amend advice conditions
                     2 & 3, include additional condition, delete condition 9
               •     Decision Notice - Minor 132007.12.2 – 21 November 2008, with an amendment to conditions 1, 7, 8 ,12, 15, 36, 38 & 55, change
                     advise condition 2 & 3, include additional condition: 2010
               •     132007.12.3 - 16 March 2010, Include additional conditions 65, 66 and 67
               •     132007.12.04 – 16 February 2011, amend condition 19 to extend currency period to 17 February 2014;
               •     132007.12.6 – 3 February 2017, Judgement changes.
               •     Decision Notice – Other Change – 132007.12.8 – 18 July 2019, with an amendment to conditions 7, 8, 10, 44, 46, 66, 67, delete
                     condition 65, include additional conditions 68-77

               •     Decision Notice - Minor – 132007.12.9 – 15 June 2023, with an amendment to conditions 1, 12 & 13 and include additional conditions
                     78, 79, 80, 81,82 & 83.




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Page 18

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (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 –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (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
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of 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
               (2) The notice of appeal must be accompanied by the required fee.




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