Minor Change Existing Approval 51987.2925.2

Officer:	Lisa Pienaar
Direct Telephone:	+61753296514
Our Reference:	51987.2925.2
Your Reference:	n/a
11 August 2017

RJ Lee & GN Lee
PO Box 560
AVALON BEACH  NSW  2107

[email protected]

Dear Sir/Madam

Minor Change to an Existing Approval
Planning Act 2016
I refer to your request to make a minor change to an existing approval. On 10 August 2017 Council decided your requested changes.
Details of the decision are as follows:
APPLICATION DETAILS

Application No:	51987.2925.2
Street Address:	Las Rias 23/8 Quamby Pl NOOSA HEADS  QLD  4567
Real Property Description:	Lot 283 N 21855
Planning Scheme:	The Noosa Plan (3 July 2017)

DECISION DETAILS

The following type of approval had been issued:
A Town Planning Consent Permit for Multiple Dwelling of 26 Units and onsite Manager’s Office (TPC1944)
In relation to the request to make a change to the existing approval, Council 10 August 2017 decided to include additional Condition 32 to include the following approved plans:
Approved Plans (Unit 23)
32	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 and relate to Unit 23 only.
Plan No.	Plan Name	Date
n/a	Ground Floor proposed, drawn by BKH	July 2017
n/a	(First Floor) proposed, drawn by BKH	July 2017
n/a	(Roof Terrace) – proposed (as annotated), drawn by BKH	July 2017

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.

OTHER DETAILS

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

If you have any further queries in relation to the above, please contact Planning Technical Officer on the above number.

Yours faithfully

Lisa Pienaar
Development Planner

Encl. 	TPC 1944
Approved Plans/Documents
Appeal Rights

	Appeal Rights PLANNING ACT 2016 & THE PLANNING REGULATION 2017

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court

Schedule 1 of the Planning Act 2016 states –
Matters that may be appealed to –
either a tribunal or the P&E Court; or
only a tribunal; or
only the P&E Court; and
The person-
who may appeal a matter (the appellant); and
who is a respondent in an appeal of the matter; and
who is a co-respondent in an appeal of the matter; and
who may elect to be a co-respondent in an appeal of the matter.

(Refer to Schedule 1 of the Planning Act 2016)

An appellant may start an appeal within the appeal period.
The appeal period is –
for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
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
for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
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
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.

Each respondent and co-respondent for an appeal may be heard in the appeal.
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.
To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
the adopted charge itself; or
for a decision about an offset or refund-
the establishment cost of trunk infrastructure identified in a LGIP; or
the cost of infrastructure decided using the method included in the local government’s charges resolution.

230 Notice of appeal

An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
is in the approved form; and
succinctly states the grounds of the appeal.
The notice of appeal must be accompanied by the required fee.
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 –
the respondent for the appeal ; and
each co-respondent for the appeal; and
for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
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
for an appeal to the P&E Court – the chief executive; and
for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
The service period is –
if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
otherwise – 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (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

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.
The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
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.
In this section –
decision includes-
conduct engaged in for the purpose of making a decision; and
other conduct that relates to the making of a decision; and
the making of a decision or failure to make a decision; and
a purported decision ; and
a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
is final and conclusive; and
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
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

A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
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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