Minor Change Existing Approval 51989.108.19

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51989.108.19
Your Reference:	n/a
11 February 2022
Carma Building Group
2/199 Gympie Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 20 December 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51989.108.19
Street address:	25 Nannygai St Noosaville Qld 4566
Real property description:	Lot 1 SP 141238
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 15 June 1989 – DNA 153
Development Permit for Material Change of Use of Premises – Retirement Village
In relation to the request to make a minor change to the existing approval, Council on 10 February 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 1
currency period of approval
Not Applicable
assessment manager conditions
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered A444-WD 01A to A444-WD 04A, A368-WD, W368-2 and Proposed Floor Plan, 04122 SD-03 (dated August 2007) and additional approved plans listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
August 2014 – Villas 36 & 47
LRV036 WD-02	A	Site Plan, prepared by Carma Building Group	17/03/14
LRV036 WD-03	B	Floor Plan, prepared by Carma Building Group	17/03/14
LRV036 WD-06	C	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/05/14
LRV036 WD-07	C	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/03/14
LRV047 WD-02	A	Site Plan, prepared by Carma Building Group	17/03/14
LRV047 WD-03	E	Floor Plan, prepared by Carma Building Group	09/06/14
LRV047 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/05/14
LRV047 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/03/14
October 2014 – Villas 44, 45, 66 & 67
LRV044 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV044 WD-03	B	Floor Plan, prepared by Carma Building Group	Sept. 2014
LRV044 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV044 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV045 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV045 WD-03	A	Floor Plan, prepared by Carma Building Group	Sept. 2014
LRV045 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV045 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV066 WD-02	A	Site Plan, prepared by Carma Building Group	Sept. 2014
LRV066 WD-03	A	Floor Plan Type 2B, prepared by Carma Building Group	Sept. 2014
LRV066 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	Sept. 2014
LRV066 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	Sept. 2014

LRV067 WD-02	A	Site Plan, prepared by Carma Building Group	20/10/14
LRV067 WD-03	A	Floor Plan, prepared by Carma Building Group	20/10/14
LRV067 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	20/10/14
LRV067 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	20/10/14
March 2015 – Villas 8, 23 & 114
LRV008 WD-02	A	Site Plan, prepared by Carma Building Group	28/01/15
LRV008 WD-03	A	Floor Plan, prepared by Carma Building Group	28/01/15
LRV008 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/01/15
LRV008 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	22/01/15

LRV023 WD-02	A	Site Plan, prepared by Carma Building Group	13/02/15
LRV023 WD-03	A	Floor Plan, prepared by Carma Building Group	13/02/15
LRV023 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	13/02/15
LRV023 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	13/02/15

LRV114 WD-02	A	Site Plan, prepared by Carma Building Group	22/01/15
LRV114 WD-03	A	Floor Plan, prepared by Carma Building Group	22/01/15
LRV114 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	22/01/15
LRV114 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	22/01/15
August 2015 – Villas 46, 52 & 53
LRV046 WD-02	A	Site Plan, prepared by Carma Building Group	09/06/15
LRV046 WD-03	A	Floor Plan, prepared by Carma Building Group	09/06/15
LRV046 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/06/15
LRV046 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/06/15

LRV 052 WD-02	A	Site Plan (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-03	A	Floor Plan (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-06	A	Elevations Sheet 1 of 2 (villas 52 & 53), prepared by Carma Building Group	09/06/15
LRV 052 WD-07	A	Elevations Sheet 2 of 2 (villas 52 & 53), prepared by Carma Building Group	09/06/15
October 2015 – Villas 34 & 59
LRV 034 WD-02	A	Site Plan, prepared by Carma Building Group	28/09/15
LRV 034 WD-03	A	Floor Plan, prepared by Carma Building Group	28/09/15
LRV 034 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/09/15
LRV 034 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	28/09/15

LRV 059 WD-02	A	Site Plan, prepared by Carma Building Group	28/09/15
LRV 059 WD-03	A	Floor Plan, prepared by Carma Building Group	28/09/15
LRV 059 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	28/09/15
LRV 059 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	28/09/15
June 2016 – Villas 17, 25, 26 & 55
LRV 017 WD-02	A	Site Plan, prepared by Carma Building Group	24/05/16
LRV 017 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV 017 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV 017 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group 24/05/16

LRV025 WD-02	A	Site Plan, prepared by Carma Building Group	24/05/16
LRV025 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV025 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV025 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	24/05/16

LRV055 WD-02	A	Site Plan, prepared by Carma Building Group and as annotated by Council	24/05/16
LRV055 WD-03	A	Floor Plan, prepared by Carma Building Group	24/05/16
LRV055 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	24/05/16
LRV055 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	24/05/16
September 2016 – Villas 16 & 56
LRV016 WD-02	A	Site Plan, prepared by Carma Building Group	15/08/2016
LRV016 WD-03	A	Floor Plan, prepared by Carma Building Group	15/08/2016
LRV016 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	15/08/2016
LRV016 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	15/08/2016

LRV056 WD-02	A	Site Plan, prepared by Carma Building Group	15/08/2016
LRV056 WD-03	A	Floor Plan, prepared by Carma Building Group	15/08/2016
LRV056 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	15/08/2016
LRV056 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	15/08/2016
February 2017 – Villas 32, 42 & 61
LRV032 WD-02	A	Site Plan, prepared by Carma Building Group	12/12/2016
LRV032 WD-03	A	Floor Plan, prepared by Carma Building Group	12/12/2016
LRV032 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/12/2016
LRV032 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/12/2016

LRV042 WD-02	A	Site Plan, prepared by Carma Building Group	12/12/2016
LRV042 WD-03	A	Floor Plan, prepared by Carma Building Group	12/12/2016
LRV042 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/12/2016
LRV042 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/12/2016

LRV061 WD-02	A	Site Plan, prepared by Carma Building Group	16/01/17
LRV061 WD-03	B	Floor Plan, prepared by Carma Building Group	03/0217
LRV061 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	16/01/17
LRV061WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	16/01/17
July 2017 – Villas 43, 48,& 72
LRV043 WD-02	A	Site Plan, prepared by Carma Building Group	12/06/2017
LRV043 WD-03	A	Floor Plan, prepared by Carma Building Group	12/06/2017
LRV043 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/06/2017
LRV043 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/06/2017

LRV048 WD-02	A	Site Plan, prepared by Carma Building Group	12/06/2017
LRV048 WD-03	A	Floor Plan, prepared by Carma Building Group	02/05/2016
LRV048 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	12/06/2017
LRV048 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	12/06/2017

LRV072 WD-02	B	Site Plan, prepared by Carma Building Group	05/09/17
LRV072 WD-03	B	Floor Plan, prepared by Carma Building Group	05/09/17
LRV072 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	05/09/17
LRV072WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
September 2017 – Villas 49 & 73
LRV049 WD-02	A	Site Plan, prepared by Carma Building Group	21/08/17
LRV049 WD-03	A	Floor Plan, prepared by Carma Building Group	21/08/17
LRV049 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	21/08/17
LRV049WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	21/08/17

LRV073 WD-02	B	Site Plan, prepared by Carma Building Group	05/09/17
LRV073 WD-03	B	Floor Plan, prepared by Carma Building Group	05/09/17
LRV073 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	05/09/17
LRV073WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
May 2019 – Villas 29, 30, & 31
LRV029 WD-03	A	Floor Plan, prepared by Carma Building Group	01/04/2019
LRV029 WD-06	A	Elevations, Sheet 1 or 2 prepared by Carma Building Group	01/04/2019
LRV029 WD-07	A	Elevations, Sheet 2 or 2, prepared by Carma Building Group	01/04/2019
June 2020 – Villas 42, 43 & 60
LRV042 WD-02	A	Site Plan, prepared by Carma Building Group	01/05/20
LRV042 WD-03	B	Floor Plan, prepared by Carma Building Group	17/06/20
LRV042 WD-06	B	Elevations Sheet 1 of 2, prepared by Carma Building Group	17/06/20
LRV042 WD-07	B	Elevations Sheet 2 of 2, prepared by Carma Building Group	17/06/20

LRV060 WD-02	A	Site Plan, prepared by Carma Building Group	01/05/20
LRV060 WD-03	A	Floor Plan, prepared by Carma Building Group	01/05/20
LRV060 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	01/05/20
LRV060 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	05/09/17
January 2021 – Villas 21,37 & 38
LRV021 WD-02	A	Site Plan, prepared by Carma Building Group	09/11/20
LRV021 SD-03	A	Floor Plan, prepared by Carma Building Group	09/11/20
LRV021 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/11/20
LRV021 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/11/20
LRV037 WD-02	A	Site Plan, prepared by Carma Building Group	09/11/20
LRV037 SD-03	A	Floor Plan, prepared by Carma Building Group	09/11/20
LRV037 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	09/11/20
LRV037 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	09/11/20
March 2021 – Villas 11, 12 & 33
LRV011 WD-02	A	Site Plan, prepared by Carma Building Group	08/02/21
LRV011 SD-03	A	Floor Plan, prepared by Carma Building Group	08/02/21
LRV011 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	08/02/21
LRV021 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	08/02/21
LRV033 WD-02	A	Site Plan, prepared by Carma Building Group	08/02/21
LRV033 SD-03	A	Floor Plan, prepared by Carma Building Group	08/02/21
LRV033 WD-06	A	Elevations Sheet 1 of 2, prepared by Carma Building Group	08/02/21
LRV033 WD-07	A	Elevations Sheet 2 of 2, prepared by Carma Building Group	08/02/21
May 2021 – Villas 62, 63, 64, 65 & 70
LRV062 WD-02	A	Site plan, prepared by Carma Building Group	Feb 2021
-	-	Villas 62, 63, 64 & 65 existing	-
LRV062 SD-03	A	Floor plan, prepared by Carma Building Group	Feb 2021
LRV062 WD-06 Sheet 1 of 2	A	Elevations, prepared by Carma Building Group	Feb 2021
LRV062 WD-07 Sheet 2 of 2	A	Elevations, prepared by Carma Building Group	Feb 2021
LRV070 WD-02	A	Site plan, prepared by Carma Building Group	Feb 2021
-	-	Villa 70 Existing	-
LRV070- SD-03	A	Floor plan, prepared by Carma Building Group	Feb 2021
LRV070 WD-06 Sheet 1 of 2	A	Elevations, prepared by Carma Building Group	Feb 2021
LRV070 WD-07 Sheet 2 of 2	A	Elevations, prepared by Carma Building Group	Feb 2021
February 2022 – Villas 2 & 3
LRV002 WD-02	A	Site Plan, prepared by Carma Building Group	13/12/2021
LRV002 SD-03	A	Floor Plan	13/12/2021
-	-	Plan showing double carports (with respect to Villas 2 and 3)	-
LRV002 WD-06	A	Elevations – Sheet 1 of 2	1/9/2021
LRV002 WD-07	A	Elevations – Sheet 1 of 2	1/9/2021
Additional Condition – September 2017
A Flood Emergency Plan (FEP) must be provided to Council within 3 months of the date of this Decision Notice. The FEP must be displayed in a prominent location/s and available to all residents within the development. The FEP must include but not be limited to the following:
a clear process for management and residents of actions during a flood event;
a process to advise prospective purchasers of flood risks;
warnings to be issued by management (timing and method);
location/s of the FEP within the development;
evacuation methods; and
refuge areas during flood inundation (including maps).
Additional Conditions – 17 May 2021
Demolition
Additional information required
A waste management plan, in accordance with the requirements of Planning Scheme Policy PSP9 Waste Management, is to be provided to Council for approval prior to the issue of the development permit for building works.
Codes of development
Unless specifically conditioned otherwise, all works must comply with the relevant acceptable solutions as contained in the Waste Management Code and Water Quality and Drainage Code of the Noosa Plan.
Currency period
Demolition work must have substantially commenced within 12 months from the date of this decision notice.
Performance Bond
Security to the value of $20,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the development permit for building works. The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
Protection of infrastructure
Infrastructure including reticulated water, sewerage, stormwater, and electricity must be protected from damage and made safe to the standard required by the regulatory authority.
Where required, a temporary crossing must be provided to protect road reserve infrastructure including kerb and channel.
NOTE: A Road and Footpath permit may be required prior to the commencement of work.  For further information, please contact Council’s Customer Service on 5329 6500.
Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel, bridges or roadways at the removal/demolition site must be repaired or reinstated to at least pre-existing conditions.
Waste Management
Adequate area must be provided on-site for the collection and separate storage of recyclable, non-recyclable, vegetative and hazardous materials in their specific waste streams during removal or demolition works.
All waste materials must be removed from the site to avoid causing unhealthy conditions, with the site left clean, tidy and free from any debris.
Where a development permit has not been issued for the future use of the site, hard surfaced areas including concrete slabs must be removed and disturbed areas must be revegetated in accordance with PSP2 Landscaping of the Noosa Plan 2020.  Alternatively, the site must be turfed within 20 business days of completing the removal or demolition work.
Water Quality and Drainage
Erosion and sediment control is to be undertaken in accordance with the requirements of the Water Quality and Drainage Code of the Noosa Plan.  Measures are to be installed and/or maintained until soils are stabilised by vegetation or sealed.
NOTE: It is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Health and Safety
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging, are removed from the building prior to demolition or relocation.
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
NOTE: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
referral agencies
Not applicable.
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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.
Demolition:
All activities associated with the removal or demolition must be contained within the property boundaries at all times with site gateways opening inwards and at approved locations only.  If the works cannot be contained within the site, a road and footpath permit must be applied for.
This decision notice does not approve or authorise the removal/clearing of vegetation from the site.
Release of the security will be subject to the following: -
Receipt of the Form 21 Final Inspection Certificate/Certificate of Occupancy; and
Receipt of the Form 4 (Notifiable Works Form) or Compliance Certificate for the decommissioning of the on-site wastewater treatment system.
property notes
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Demolition of buildings & other structures
submissions
Not applicable.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 51989.108 – 19 June 1989
Decision Notice - Minor 51989.108.02  -  17 October 2007, with an amendment to condition 1 (Villas 46, 52 & 53)
Decision Notice - Minor 51989.108.03 - 4 August 2014, with an amendment to condition  1 (Villas 36 & 47)
Decision Notice - Minor 51989.108.04  - 27 October 2014, with an amendment to condition 1 (Villas 44, 45, 66 & 67)
Decision Notice - Minor 51989.108.05 - 9 March 2015, with an amendment to condition 1 (Villas 8, 23 & 114)
Decision Notice - Minor 51989.108.06 - 17 August 2015, with an amendment to condition 1 (Villas 46, 52 & 53)
Decision Notice - Minor 51989.108.07 - 23 October 2015, with an amendment to condition 1 (Villas 34 & 59)
Decision Notice - Minor 51989.108.08 - 10 June 2016, with an amendment to condition 1 (Villas 17, 25, 26 & 55)
Decision Notice - Minor 51989.108.09 - 12 September 2016, with an amendment to condition 1 (Villas 16 & 56)
Decision Notice - Minor 51989.108.10 - 3 February 2017, with an amendment to condition 1 (Villas 32, 42 & 61)
Decision Notice - Minor 51989.108.11 - 10 July 2017, with an amendment to condition 1 (Villas 43, 48 &72)
Decision Notice - Minor 51989.108.12 - 18 September 2017, with an amendment to condition 1(Villas 49, 73 & Revised Plans 72) and additional conditions 4.
Generally in Accordance  51989.108.13 – 29 March 2018
Decision Notice - Minor 51989.108.14 – 9 May 2019, with an amendment to condition 1 (Villa29, 30 & 31)
Decision Notice – Minor – 51989.108.15 – 24 June 2020, with an amendment to condition 1 (Villas 42, 43 & 60)
Decision Notice – Minor – 51989.108.16 –20 January 2021 with amendment to condition 1 (Villas 21,37 & 38)
Decision Notice – Minor – 51989.108.17 –26 March 2021 with amendment to condition 1 (Villas 11,12 & 33)
Decision Notice – Minor – 51989.108.18 – 17 May 2021, with amendment to condition 1 (Villas 62, 63, 64, 65 & 70), with additional conditions 5-19.
Decision Notice – Minor – 51989.108.19 – 10 February 2022 –with amendment to condition 1 (Villas 2 & 3)

	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