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SUPERSEDED Other Change Decision Notice - Council Meeting Decision 132008 176 05 [As Published]

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                                                             Officer:            Nadine Gorton
                                                             Direct Telephone:   07 53296215
                                                             Our Reference:      132008.176.05
                                                             Your Reference:     22070

                 24 October 2024


                 Calile Malouf Investments Pty Ltd
                 C/- Project Urban
                 PO Box 6380
                 MAROOCHYDORE QLD 4558
                 [email protected]



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

                 I refer to your application and advise that on 17 October 2024, Council decided to approve the
                 application, subject to conditions.
                 Details of the decision are as follows:
                 1.      APPLICATION DETAILS

                     Application No:           132008.176.05

                     Street address:           3 & 7 Serenity Cl Noosa Heads Qld 4567

                     Real property description: Lot 11 SP195871 and Lot 10 SP 335472

                     Planning Scheme:          Noosa Plan 2020 (25 September 2020)

                 2.      DECISION DETAILS

                 The following type of approval was issued on 8 April 2010:
                 •       Development Permit for Material Change of Use – Resort Complex and Shop
                 In relation to the request to make an Other Change to the existing approval, Council on 17
                 October 2024, decided to approve the requested changes. The changes are detailed below.
                 A.      Approve the change subject to conditions.
                 3.      CURRENCY PERIOD OF APPROVAL

                 The currency period for this development approval is stated in the conditions below.




                 ABN 97.969.214.121                                                                     PO Box 141
                 noosa.qld.gov.au                                                                Tewantin QLD 4565
                 [email protected]                                                                07 5329 6500
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Document Set ID: 23308496
Version: 6, Version Date: 24/10/2024
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Page 2

                 4.     ASSESSMENT MANAGER CONDITIONS

                        PLANNING
                        When Conditions must be Complied With
                 1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with
                        prior to the use commencing, and then compliance maintained at all times while the use
                        continues.
                        Currency Period
                 2.     This development approval lapses if the use has not happened by 17 October 2030
                        unless an application to extend the currency period is approved by Council.
                        Approved Plans
                 3.     Development authorised by this approval must be undertaken generally in accordance
                        with the Approved Plans listed in the tables below. The plans must be amended to
                        incorporate the amendments listed within the table below and resubmitted to Council
                        prior to the issue of any Development Permit for Operational Works*

                           Plan No.         Rev.    Plan/Document Name                        Date

                           AR-01-01-G       B       Plan – GA – Basement prepared by 30.08.2024
                                                    Richards and Spence

                           AR-01-02-G       C       Plan – GA – Lower Ground prepared by 11.09.2024
                                                    Richards and Spence

                           AR-01-06-G       B       Plan – GA – Level 03 prepared by 30.08.2024
                                                    Richards and Spence

                           AR-01-07-G       B       Plan – GA – Level 03 Mezzanine 30.08.2024
                                                    prepared by Richards and Spence

                           AR-01-08-G       B       Plan – GA – Roof prepared by Richards 30.08.2024
                                                    and Spence

                           AR-021.11        A       Elevation – East Wing - North prepared 30.08.2024
                                                    by Richards and Spence

                           AR-021.31        A       Elevations west – north & south prepared 30.08.2024
                                                    by Richards and Spence

                           AR-03-01         A       Sections- Sheet 1 prepared by Richards 30.08.2024
                                                    and Spence

                           AR-03-02         A       Sections - Sheet 2 prepared by Richards 30.08.2024
                                                    and Spence

                           AR-03-04         A       Sections - Sheet 4 prepared by Richards 30.08.2024
                                                    and Spence

                           AR-03-05         B       Sections Sheet 5 prepared by Richards 30.08.2024
                                                    and Spence




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                        The following plans require amendment.

                           Plan No.          Rev.       Plan/Document Name                        Date

                           AR-01-03-G        B          Plan – GA – Ground Level prepared by 30.08.2024
                                                        Richards and Spence

                           AR-01-04-G        B          Plan – GA – Level 01 prepared by 30.08.2024
                                                        Richards and Spence

                           AR-01-05-G        B          Plan – GA – Level 02 prepared by 30.08.2024
                                                        Richards and Spence

                           AR-021.12         A          Elevation – East Wing – East & west 30.08.2024
                                                        prepared by Richards and Spence

                           AR-03-03          A          Sections Sheet 3 prepared by Richards 30.08.2024
                                                        and Spence

                           AR-03-06          C          Sections Sheet 6 prepared by Richards 30.08.2024
                                                        and Spence

                           Amendments        Revised plans are to be submitted relocating all structures
                                             outside the 6 metre front setback area to Serenity Close and
                                             Banksia Avenue including:
                                                    •   pool fencing
                                                    •   outdoor shower
                                                    •   pool amenities
                                                    •   gazebo
                                                    •   fencing around the function room
                                                    •   timber entry pavilion
                                                    •   western gatehouse along Serenity Close.


                           Plan No.          Rev.       Plan/Document Name                        Date

                           AR-021.32         B          Elevation – west – east & west prepared 11.09.2024
                                                        by Richards and Spence

                           Amendments        Revised plans to be submitted providing for additional lightweight
                                             elements or further articulation along the western elevation to
                                             Serenity Close (blank walls above service vehicle access and
                                             units to the south).


                        *(Refer to Advisory Note)




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                        Nature and Extent of Approved Use
                 4.     The approved resort units must be used for short term visitors only. The approved units
                        must not be occupied by persons for the purpose of permanent accommodation,
                        excluding those persons in a manager's residence for the premises. The requirements of
                        this condition must be included in the Community Management Statement for anybody
                        corporate for the subject site.
                 5.     The 6 metre setback area on the Serenity Close (north) and Banksia Avenue (east)
                        frontages are to be densely landscaped and not used as break out or access areas for
                        the Function Room. Fencing is to be removed from these areas.
                        Building Height
                 6.     The maximum height of the development must not exceed 15 metres above the ground
                        level. Including where excavation is undertaken to the exposed portion of the external
                        façade of the building.
                 7.     The ground level must be reinstated around the basement level to ensure no part of
                        which is more than 1 metre above ground level, apart from the driveway entrance.
                 8.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
                        which certifies that the buildings do not exceed the maximum height requirement of this
                        Decision Notice.
                        Fencing
                 9.     Any fencing provided in conjunction with the development must be setback at least 6
                        metres from the street frontage setback and avoid the removal of vegetation wherever
                        possible. All gatehouses and entry pavilions are to be removed from this street setback
                        area.
                        Amenity
                 10.    The operation of the approved use must not detrimentally affect the residential amenity
                        (including but not limited to noise, overlooking, light spill or odour) enjoyed by
                        surrounding residents or cause a nuisance, including a noise nuisance.
                 11.    The lobby bar, vehicle ramp and setdown area are to be appropriately enclosed and
                        treated so as to minimize noise impacts on the surrounding area.
                        Hours of Operation
                 12.    The use of the external swimming pools by guests and visitors is to be limited to the time
                        period of 6am and 9pm only.
                 13.    The use of the treatment pools located along the southern side of the resort are limited
                        to 6 am to 9pm.
                 14.    The restaurants, bars and function centre are to operate between the hours of 6.30am
                        and 12 midnight only.
                 15.    Service vehicle movements associated with non-residential uses on the premises
                        (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday
                        to Saturday and not at all on Sundays or public holidays. The requirements of this
                        condition must be included in the Community Management Statement for any body
                        corporate for the subject site.
                        Building Appearance
                 16.    External design features, materials and finishes must be as shown on the Approved
                        Plans, with no inclusions or alterations made without approval in writing by Council,
                        unless as modified by conditions of this approval.




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                 17.    External finishes of the building must be a mix of lightweight and textured external
                        finishes, with masonry areas incorporating a variety of textured finishes to break up the
                        surface.
                 18.    All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
                        or the like thus remaining as open structures.
                 19.    All balustrades to decks and balcony areas must be open or transparent.
                 20.    External colours and finishes must be of muted/environmental tones that blend with the
                        natural environment and low-reflective roofing and cladding materials.
                 21.    All air conditioning units or other mechanical equipment must be fully enclosed or
                        screened such that they are not visible from the street frontages nor adjoining properties.
                 22.    Waste storage areas, clothes drying areas and external storage areas must be screened
                        from view of the street. All mechanical equipment and other service infrastructure
                        located on the site must be:
                        a. located not less than 2 metres from a property boundary;
                        b. fully enclosed or screened such that they are not visible from the street frontages nor
                        adjoining properties. Where screened by landscaping, landscaping beds must be at
                        least 1.5 metres wide.
                        Community Management Statement
                 23.    Any proposed Community Management Statement required for the development
                        pursuant to the Body Corporate and Community Management Act 1997 must be
                        submitted to Council for endorsement at the same time as submission of the Building
                        Format Plan (or similar) to Council for compliance assessment.
                 24.    All clauses and by-laws of the proposed Community Management Statement must
                        accord with the requirements of this Decision Notice and, in particular, must include the
                        following additional clauses:
                        a.      The units must be used for short term accommodation for tourists and travellers
                                only.
                        Public Safety
                 25.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                        stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and
                        with intensities to satisfy the requirements of Australian Standard AS1158 “Public
                        Lighting Code”. Lighting must be designed to reduce the contrast between shadows and
                        well lit areas. In particular, appropriate security lighting must be provided in the location
                        of the bicycle/ scooter parking and bin storage area.
                 26.    After hours access to loading docks, storage areas and the basement carpark (including
                        the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors
                        and/or other suitably appropriate means. The basement carpark must be kept closed
                        and locked at all times while the use is not operating.
                        Street Identification
                 27.    The building entrance or reception area must be clearly visible and identifiable from the
                        street or otherwise provided with signage and lighting at strategic locations to direct
                        people to the building entrance.




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                        Performance Bonds
                 28.    Security in the form of a cash bond or trading bank guarantee to the sum of $200,000
                        must be submitted to Council, 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.
                        Council reserves the right to call upon the bond or guaranteed sum to effect compliance
                        with conditions.
                        Lot Amalgamation
                 29.    All separate, adjoining lots that form part of this application shall be amalgamated into
                        one undivided allotment in accordance with the Plan of Survey submitted for registration
                        at the Land Titles Office. Proof of title being issued for the amalgamated lot shall be
                        submitted to Council prior to the issue of the Development Permit for Building Works.
                        External Works
                 30.    The Grant Street / Banksia Avenue roundabout must be modified to safely
                        accommodate a Heavy Rigid Vehicle. Plans, including swept paths, must be submitted
                        to Council to demonstrate that the design of the roundabout can cater for the HRV. The
                        works must be undertaken in accordance with an Operational Works approval.
                        Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                        infrastructure.
                        Site Access and Driveways
                 31.    A sealed access driveway must be provided from Banksia Avenue and Serenity Close
                        to all parking and manoeuvring areas of the development. The works must be
                        undertaken in accordance with an Operational Works approval and must include in
                        particular:
                        a.      driveway crossovers generally in accordance with Council’s Standard Drawing
                                RS-051 and any associated addendum
                        b.      driveways located generally in accordance with the approved plans,
                        c.      suitable safety measures, including warning signage, to improve driver awareness
                                of pedestrians and enhance pedestrian safety. Warning signage must be provided
                                near the exit ramp from the underground parking area to warn motorists of
                                pedestrian movement along the frontage street
                        Car Parking
                 32.    A minimum of 298 car parking spaces and 8 motorcycle spaces must be provided and
                        marked on the site and made available and accessible at all times. The works must be
                        undertaken in accordance with an Operational Works approval and must include in
                        particular:
                        a.      60 parking spaces within the total shall be made accessible for staff, commercial
                                customers and visitors and are to be clearly marked for that purpose.
                        b.      provision of vandal resistant public lighting with intensities to satisfy the
                                requirements of Australian Standard AS1158: Public Lighting Code.
                        c.      4 PWD parking space/s within the total.
                        d.      dimensions, crossfalls and gradients in accordance with Australian Standard
                                AS2890: Parking Facilities.
                        e.      Ev Charging stations are to be provided on site.
                 33.    All vehicles must enter and leave the site in a forward direction.



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                 34.    All car parking areas and access driveways must be maintained exclusively for vehicle
                        parking and manoeuvring and kept in a tidy and safe condition at all times.
                 35.    Directional signage must be provided to direct visitors and customers to the car parking
                        spaces provided on site.
                 36.    A designated passenger loading zone must be provided adjacent to the check-in lounge
                        and reception at the location of the parallel parking, including a designating parking bay
                        for a wheelchair accessible vehicle at the forefront of the queue, with the remaining area
                        configured as unmarked bays to accommodate various vehicle combinations.
                 37.    All parking bays within the basements must be fully functional. Swept paths of the entry
                        and exit to end parking bays must be clearly shown on plans submitted for operational
                        works.
                        Alternative Transport
                 38.    A shuttle bus with a minimum of 21 seats shall be provided and operated in conjunction
                        with the resort to ferry guests to local destinations to minimise traffic impacts on the local
                        area. Details of the proposed operation shall be submitted for Council approval prior to
                        the issue of a Development Permit for Operational Works.
                 39.    Motor scooters and E-bikes shall be made available for use by resort guests, the
                        provision of which may be via a service agreement with a hire company.
                        Security Access to Carpark
                 40.    Where access to the carpark is proposed to be restricted by a security gate, provision
                        must be made for queuing of vehicles clear of the roadway while waiting for the security
                        gate to open.
                 41.    All guests and visitors to the site must be provided with access to the carparking area
                        on site.
                 42.    Where a secure carpark services a commercial use on the site, the security gate must
                        remain open at all times while the commercial uses on the site are open for business. The
                        requirements of this condition must be included in the Community Management
                        Statement for any Body Corporate for the subject site.
                        Paving Treatment of Vehicle Movement Areas
                 43.    Alternative materials, patterns, or threshold treatments must be used to articulate the
                        pavement treatment of vehicle movement areas.
                        Service Vehicles
                 44.    Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
                        All vehicles must enter and leave the site in a forward direction. The works must be
                        undertaken in accordance with an Operational Works approval
                        Pedestrian and Bicycle Facilities
                 45.    Pedestrian and bicycle facilities must be provided for the development. The works must
                        be undertaken in accordance with an Operational Works approval and must include in
                        particular:
                        a.      A footpath constructed in the Serenity Close road reserve connecting the existing
                                pathway network to the proposed site entry.
                        b.      Signage and lighting at strategic locations to direct people to building entries and
                                facilities.




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                        c.      A total of 50 bicycle parking spaces. Secure cycle parking is to be made available
                                for customers and staff of the premises at all times during business hours. The
                                proposed facilities are to be located to ensure compliance with AS2890.3 with
                                regard to their access, location and design.
                        d.      End of trip facilities involved 50 lockers, 10 showers and change rooms.
                        Condition 45a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                        infrastructure.
                        Stormwater Drainage
                 46.    Prior to the lodging of a development application for Operational Works, provide and
                        have endorsed by Council updated architectural plans, preliminary engineering plans,
                        and Stormwater Management Plan, which addresses the following:
                        a.      Acceptance of all external catchments
                        b.      Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks
                                are to be sized to provide 80% reliability to supply water for landscape irrigation
                                and flushing of toilets in public/communal areas of the resort
                        c.      Provide a method of removal of gross pollutants from all surface runoff (eg litter
                                baskets)
                        d.      Provide treatment of internal site runoff such that the pollutant removal
                                requirements of AO6.1 and AO6.2 of the Water Quality and Drainage Code are
                                achieved prior to discharge to surface waters or infiltration to groundwater. Provide
                                MUSIC modelling to demonstrate this will be achieved by the proposed stormwater
                                treatment train
                        e.      Provide in-situ hydraulic conductivity testing at the locations and depths nominated
                                for Rapid Infiltration Pits and demonstrate that the assumptions regarding
                                infiltration rates will be achieved. If not achievable, provide a revised design.
                        f.      Ensure the proposed method of stormwater management achieves no net
                                reduction of rainwater infiltrating the sand dunes beneath the site. This may be
                                achieved either by infiltrating all flows up to the 10%AEP or by alternative
                                measures designed and managed in accordance with a groundwater recharge and
                                discharge management plan prepared by a suitably experienced and qualified
                                groundwater hydrologist. The groundwater recharge or discharge must
                                demonstrate that the development does not affect groundwater balances beyond
                                the property boundaries.
                        g.      Updated the maintenance and management plan of the Stormwater Management
                                Plan to reflect any changes.
                        All works are to be undertaken in accordance with the updated endorsed plans.
                 47.    The site must be provided with a stormwater drainage system connecting to a lawful
                        point of discharge. The works must be undertaken in accordance with an Operational
                        Works approval the Queensland Urban Drainage Manual, and must include in particular:
                        a.      the works as generally described in the updated Stormwater Management Plan
                                required by this permit
                        b.      collection and discharge of stormwater from the external catchment through the
                                development site, including provision of an overland flowpath which accounts for
                                severe storms or severe blockage of the underground network




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                        c.      provision of drainage easements over all flowpaths conveying catchments external
                                to the site, in accordance with QUDM. Easement dimensions and locations are to
                                be shown on the plans submitted with the development application for Operational
                                Works.
                        d.      the use of gravity stormwater drainage and not surcharge pits
                        Stormwater Quality Management
                 48.    A stormwater quality treatment system must be provided for the development in
                        accordance with the updated Stormwater Management Plan required by this permit. The
                        works must be undertaken in accordance with an Operational Works approval.
                 49.    Permanent educational signage must be erected to educate the customers to the
                        development about the function of the stormwater management devices provided at the
                        development. The dimensions, standard, presentation and location of the educational
                        signage must be in accordance with an Operational Works approval.
                 50.    Stormwater management devices must be maintained as follows and records of all
                        maintenance activities undertaken must be kept and made available to Council upon
                        request:
                        a.      All vegetated stormwater quality treatment devices must be maintained in
                                accordance with the Water by Design (2009) Maintaining Vegetated Stormwater
                                Assets (Version 1). The approved Operational Works drawings for the stormwater
                                quality treatment system and detailed life cycle costing of the system must be
                                attached as an addendum to this document.
                        b.      All primary stormwater quality treatment devices must be routinely checked,
                                serviced and cleaned in accordance with the manufacturer’s recommendations.
                        c.      All other stormwater measures are to be maintained in accordance with the
                                Management and Maintenance Plan contained in the updated Stormwater
                                Management Plan required by this permit.
                        Services
                 51.    Unless otherwise stipulated by telecommunications legislation at the time of
                        construction, the development must be provided with all necessary conduits, pits and
                        pipes to accommodate the future connection of optic fibre technology
                        telecommunications.
                 52.    Certification must be submitted to Council from all relevant service providers (Energex,
                        NBN and Unitywater) which certifies that the development has met the requirements of
                        this Decision Notice and all applicable legislation at the time of construction.
                        Easements
                 53.    An easement for stormwater drainage purposes must be registered in favour of Council
                        against the title of the subject site. The easement must:
                        a.      Extend through the site from the northern Serenity Close frontage to the south-
                                western Serenity Close frontage,
                        b.      Be of sufficient width to fully contain the 1%AEP flows (year 2100) from the local
                                catchment encompassing the development,
                        c.      Be clearly shown on any plans submitted for Operational Works approval, and
                        d.      Be registered prior to the commencement of the use.
                 54.    Unless otherwise agreed in writing by the relevant service provider, any public or third
                        party infrastructure located on the subject site must be placed within an easement
                        registered against the title of the property.




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                 55.    All easements must be designed in accordance with the planning scheme and granted
                        at no cost to the Grantee. Where the Grantee is Council or a service authority, the
                        easement documentation must be in accordance with the Grantee’s standard easement
                        terms. Draft easement documentation must be submitted to Council for endorsement.
                 56.    Any redundant easements must be extinguished prior to the commencement of the use.
                 57.    All works must be kept clear of any existing or proposed easements on the subject land,
                        unless agreed otherwise in writing by the Grantee.
                        Geotechnical Stability
                 58.    All works must be carried out in accordance with a site specific Geotechnical Report (or
                        part thereof) prepared by a qualified person* and endorsed through an Operational
                        Works approval.
                        *(Refer to Advisory Note)
                 59.    Prior to the commencement of the use certification must be submitted to Council from a
                        qualified person* which certifies that the development has been constructed in
                        accordance with the recommendations contained in the site specific geotechnical report
                        and that the development has a minimum factor of safety against landslip of 1.5 in the
                        long term.
                        *(Refer to advisory Note)
                        Earthworks and Retaining Walls
                 60.    All earthworks and associated retaining structures/batters, both above and below
                        ground, both temporary and permanent, must be contained entirely within the subject
                        site unless written permission from the respective landowner(s) is provided to Council.
                        All earthworks must be undertaken in accordance with an Operational Works approval.
                 61.    All earthworks must be undertaken in accordance with the provisions of Australian
                        Standard AS3798: Guidelines on Earthworks for Commercial and Residential
                        Developments.
                 62.    Where the development involves excavation or filling over, or adjacent to, drainage,
                        water supply or sewerage infrastructure, all access chamber surface levels must be
                        adjusted to provide a freeboard of 100mm above the finished ground surface level.
                 63.    All retaining walls must be designed and constructed in accordance with the planning
                        scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
                        walls that are publicly accessible and exceed 1.0m in height must be fitted with a
                        commercial grade safety fence.
                        Acid Sulfate Soils
                 64.    An Acid Sulfate Soil Management Plan must be prepared and submitted with the
                        Operational Works Application for the site. The Acid Sulfate Soil Management Plan must
                        include testing, monitoring and treatment requirements for the works.
                        Damage to Services and Assets
                 65.    Any damage caused to existing services and assets as a result of the development
                        works must be repaired at no cost to the asset owner at the following times:
                        a.      where the damage would cause a hazard to pedestrian or vehicle safety,
                                immediately; or
                        b.      where otherwise, upon completion of the works associated with the development.
                        Any repair work which proposes to alter the alignment or level of existing services and
                        assets must first be referred to the relevant service authority for approval.




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                        Landscaping Works
                 66.    The development site must be landscaped. The works must be undertaken by a
                        qualified person* in accordance with an Operational Works approval and the Noosa Plan
                        2020 PSP2 Landscaping. The works must include in particular:
                        a.      The works shown on the Approved Plans
                        b.      Bonding of the existing mature Eucalyptus tereticornis (tree 79) within the 6 metre
                                setback along Serenity Close prepared by a qualified person* in accordance with
                                an approved methodology such as Burnley or Thyer.
                        c.      A revegetation/rehabilitation plan for the 6 metre setback fronting Banksia Avenue
                                and Serenity Close and the Environmental Management and Conservation Zones
                        d.      Landscape and tree planting areas must accommodate deep soil zones to provide
                                screening/buffering of the built form elements and provide vertical scale to achieve
                                the minimum screening/buffering. Subsurface infrastructure must be designed to
                                accommodate the vegetation outcomes.
                        e.      Landscape vegetation with vertical scale to provide screening/buffering of the built
                                form when viewed from public view, designed such, that a minimum 50% of the
                                built form will be screened/buffered at maturity. This includes side boundaries.
                        f.      Vegetated screening of any electrical transformers, bin storage areas and the like
                                from the road frontage
                        g.      Provision of 1 street tree (Lophostemon confertus) centrally located between each
                                existing street tree located within Serenity Close road reserve.
                        h.      Control of all weeds species listed in the following standards and legislation:
                                i.     declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                                       ordinate Regulation 2016).
                                ii.    Noosa Biosecurity Plan 2020.
                 67.    All landscape works must be established and maintained in accordance with the
                        approved design for the life of the development, and in a manner that ensures healthy,
                        sustained and vigorous plant growth. All plant material must be allowed to grow to full
                        form and be refurbished when its life expectancy is reached.
                        Retention of Existing Trees
                 68.    Existing trees on the site within boundary setbacks, open space areas and in the road
                        reserve must be retained and protected in accordance with an updated Arborist Report
                        / Vegetation management Plan prepared by a qualified person* and endorsed through
                        an Operational Works approval. The Arborist Report / Vegetation management Plan
                        must include:
                        a.      Identify all Koala and Glossy Black Cockatoo habitat trees
                        b.      oversee installation of a hard temporary protection zone prior to commencement
                                of works with ‘no go’ signage in accordance with AS 4970-2009.
                        c.      supervise any works within the temporary protection zone;
                        d.      undertake hazard reduction and formative pruning as necessary; &
                        e.      provide certification that the trees were protected in accordance with the Arborist’s
                                recommendations.
                        *(Refer to Advisory Note)




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                 69.    Prior to the prestart meeting, a bank guarantee or a bond of $50,000 must be lodged as
                        security for the protection of the trees identified for retention in the conditions of this
                        approval. The bond:
                        a.      may be drawn upon by Council in its entirety if any one tree identified for retention
                                is damaged to the point where the tree cannot be saved (as confirmed by the
                                project arborist and agreed in writing by Council)
                        b.      will be returned upon practical completion of all the operational works relating to
                                this development.
                        Land Rehabilitation
                 70.    A vegetation protection covenant must be registered over the area identified as the 6
                        metre vegetated setback from Serenity Close and Banksia Avenue and the
                        Environmental Management and Conservation Zones on the Approved Plans pursuant
                        to Section 97A of the Land Title Act 1994. The covenant document and a survey plan
                        must be submitted to Council for endorsement prior to lodgement with the relevant titles
                        authority for registration of title. The covenant document must:
                        a.      incorporate the requirements of this Decision Notice
                        b.      include Noosa Council as Covenantee
                        c.      reference Queensland Land Title Registry Standard Terms Document No.
                                715597513.
                 71.    If a provision included in the covenant document is requisitioned or refused registration
                        by the relevant titles authority, a substitute provision must be included in the document
                        which as nearly as practicable addresses the objective sought by the requisitioned or
                        refused provision. The wording of the substitute provision must be agreed by Council.
                        Fauna Management
                 72.    Vegetation must only be removed or disturbed in accordance with a fauna management
                        plan prepared by a qualified person* and endorsed through an Operational Works
                        approval and must address the following:
                        Site inspection
                        (a)       Prior to any site disturbance, a site inspection will be completed by a suitably
                                  qualified person* to identify any follow-bearing trees and/or other significant
                                  habitat features (i.e. den sites, nests, hollowed termitarium etc.) These will be
                                  clearly marked in the field with high visibility paint as well as shown on
                                  appropriately scaled plans.
                        Pre-clearing fauna trapping
                        (b)       Subsequent to the site inspection, and prior to commencement of site clearing
                                  works, a pre-clearing trapping program will be completed targeting native
                                  ground-dwelling and arboreal mammals. The trapping program will be designed
                                  to progressively move through the site, from the north towards the south, ahead
                                  of the subsequent under scrubbing operations. Each area will be trapped for a
                                  minimum of four (4) nights, and any animals captured will be relocated to suitable
                                  habitat area/s in consultation with Noosa Shire Council and the Department of
                                  Environment and Science (DES). Arboreal mammals captured will be re-located
                                  within suitably designed nest-boxes to be installed at the agreed release site.
                        (c)       Once the area has been trapped, and the extent of the trapped area clearly
                                  identified the groundcover and midstory can be cleared utilising slashing or
                                  similar. Any hollow-bearing trees and/or other significant habitat features
                                  identified during the initial site inspection will be retained. All under scrubbing




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                                  works will be completed with a suitably qualified fauna spotter/catcher in
                                  attendance.
                        Clearing non-habitat trees
                        (d)       After under scrubbing of each area is complete, non-habitat trees (i.e. trees other
                                  than those identified as habitat trees) will be cleared and stockpiled for mulching.
                                  Clearing of non-habitat trees will only occur where their removal will not impact
                                  on identified habitat trees (e.g. canopies do not interconnect with habitat trees).
                        Hollow inspection and removal
                        (e)       After under scrubbing and clearing on non-habitat trees, an elevated work
                                  platform or cherry-picker will be used in conjunction with a chainsaw operator
                                  and suitably qualified fauna spotter/catcher to inspect and remove hollows a
                                  necessary prior to habitat tree felling.
                        (f)       When the fauna has been safely secured within its hollow (or compensatory
                                  habitat/nest box), the entire limb can then be placed in the cherry-picker bucket
                                  or lowered to the ground using ropes depending on the size of the limb.
                        (g)       The limb and/or compensatory habitat/nest box will then be placed in a cool,
                                  quiet location until translocation to the recipient habitat site, when at dusk the
                                  hollow entrance is re-opened to allow the fauna to emerge of its own accord.
                 73.    Any proposed new fencing to delineate boundary alignments must be constructed to
                        allow for the movement of fauna. Such fencing must:
                        a.      allow adequate clearance at ground level for local macropods
                        b.      not include any use of barbed wire or similar materials
                        c.      provide regular opportunities for passage over and through
                        d.      include Koala permeable fencing in accordance with the Koala-Sensitive Design
                                Guidelines 2022
                        e.      be agreed by Council
                 74.    Twenty (20) permanent artificial nesting boxes must be installed within the
                        Environmental Management and Conservation Zone to provide compensatory habitat
                        for arboreal mammals and hollow dependent avian species. The works must be
                        undertaken in accordance with an Operational Works approval.
                        Bushfire Management
                 75.    All works must be carried out in accordance with a Site Management Plan (or part
                        thereof) prepared by a qualified person* and endorsed through an Operational Works
                        approval. The Site Management Plan must incorporate all precautionary bushfire
                        obligations required to ensure landscape design measures are achieved that meet a low
                        fuel state at all times and provide management techniques for the development site
                        administrators to consider as part of the development construction and ongoing
                        maintenance.
                        *(Refer to Advisory Note)
                 76.    Certification must be submitted to Council from a qualified person* which certifies that
                        the development has been constructed in accordance with the bushfire management
                        conditions of this Decision Notice.
                        *(Refer to Advisory Note)
                 77.    A Bushfire Evacuation Plan for the site must be prepared by a qualified person* and
                        submitted to Council prior to the issue of any Development Permit for Operational Works.




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                        *(Refer to Advisory Note)
                 78.    A copy of the Bushfire Evacuation Plan for the development must be provided to the
                        nearest fire authority.
                        Waste Management
                 79.    A Waste Management Plan must be prepared that details the type and quantity of waste
                        material that is likely to be generated by the development; where and how the waste will
                        be stored, disposed of and procedures for handling the waste. The Waste Management
                        Plan must be submitted and approved by Council prior to the issue of a Development
                        Permit for Operational Works.
                 80.    The developer must provide waste storage and disposal facilities in accordance
                        with Planning Scheme Policy 9 - Waste Management. The facilities must include an
                        impervious area, within the site, correctly sized for all refuse and recycling containers
                        and suitably screened from public places and neighbouring properties. A bin wash area
                        is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
                        trap. The drain outlet must be designed to prevent storm water entry to the sewerage
                        system.
                        Energy & Water Efficiency
                 81.    All hot water systems installed shall be either solar systems; electric heat pump systems;
                        or gas systems (LPG or natural).
                 82.    All new kitchen, laundry and bathroom fittings shall 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), or current equivalent standards as may apply, with toilets to comply
                        with the AAAA Water Conservation Rating System. All new 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.




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                 5.     REFERRAL AGENCIES

                 The referral agencies applicable to this application are:

                  Referral Status        Referral Agency and Referral Trigger                     Response
                                         Address

                  Concurrence            SARA at DILGP SARA          Schedule 10, Part 9,         The agency provided its
                                         at DILGP Via MyDAS2         Division 4, Subdivision 1,   response on 26 October
                                         at     https://prod2.dev-   Table 1 – Protection of      2023 (Reference No.
                                         assess.qld.gov.au/suite     State transport networks -   22070). A copy of the
                                         /    (for     assistance,   Development exceeding        response is attached
                                         contact DILGP at 5352       the threshold in LGA2
                                         9701                   or   Schedule 10, Part 10,
                                         email:SEQNorthSARA          Division 3, Subdivision [email protected]       – Development in SE Qld
                                         urrenceSARA                 Koala Habitat Area


                 6.     ADVISORY NOTES

                 The following notes are included for guidance and information purposes only and do not form
                 part of the assessment manager conditions:
                        Building and Construction Industry (Portable Long Service Leave) Levy
                 1.     The QLeave levy must be paid prior to the issue of a development permit where it is
                        required. Council will not be able to issue a Decision Notice without receipt of details
                        that the Levy has been paid.
                        Co-ordination of Operational Works Assessment
                 2.     Additional application fees apply to Operational Work applications where the different
                        aspects of the works are lodged separately. Significant savings in application fees will
                        result if all works are lodged in a single application.
                        Qualified Person
                 3.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical
                        stability for the development, a qualified person is considered to be a person who:
                        a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                        b.      has a degree in civil engineering or engineering geology; and
                        c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                                engineering geology.
                        Preparation of a Preliminary Construction Management Plan
                 4.     A preliminary Construction Management Plan must be submitted with the Operational
                        Works application and must address the following:
                        a.      traffic management during all aspects of the construction phase including:
                                i.     a Traffic Management Control Plan in accordance with the Manual of
                                       Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
                                       and traffic control measures prior to construction
                                ii.    maintenance of safe pedestrian access for the areas affected by the works
                                       during and after daily construction has ceased




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                                iii.   proposed fencing to the site during the construction phase of the
                                       development
                                iv.    approval of the Traffic Management Control Plan by the Department of
                                       Transport and Main Roads (DTMR) for any works on State controlled roads
                                v.     provision for worker car parking
                        b.      maintenance and protection of water quality and existing drainage lines through
                                the construction site, through the implementation of appropriate erosion and
                                sediment control measures
                        c.      works programme identifying key components of the works and their respective
                                durations
                        d.      establishment of a communication protocol with the general public, adjoining
                                owners, emergency services and local businesses to advise of agreed
                                construction times, impacts on traffic, services and other relevant issues.
                        e.      Include a post out to the local residents and businesses advising of the proposed
                                development, the expected time frames and the site contact details.
                        f.      Include signage in prominent locations on the boundaries of the site advising of
                                the proposed development, the expected time frames and the site contact details.
                        g.      identification of complaint management procedures including:
                                i.     contact details for the on-site manager
                                ii.    dispute resolution procedures
                        h.      details on the location of external fill/dump sites/sources, the haulage route, type
                                of vehicle to be utilised during filling operations and frequency of usage. NB any
                                damage to the existing road system as a result of haulage operations shall be fully
                                repaired at the applicant’s expense
                        i.      it is acknowledged that the preliminary Construction Management Plan will be a
                                draft document requiring finalisation upon appointment of the Principal Contractor
                                employed to construct the works and a final document will be required to be
                                submitted at the Pre-Start Meeting for the project.
                        Private Infrastructure
                 5.     All private infrastructure for the development must be designed to meet the planning
                        scheme requirements unless otherwise agreed by the relevant authority
                        Qualified Person
                 6.     For the purpose of preparing a Landscape Plan, a qualified person is considered to be
                        a landscape architect, landscape designer and/or horticulturist with a minimum of 3
                        years current experience in the field of landscape design.
                 7.     For the purpose of preparing an Arborist Report, a qualified person is considered to be
                        a person with either:
                        a.      ISA certification; or
                        b.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience
                                in the field of arboriculture.
                 8.     For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to
                        be a landscape architect or ecologist with a minimum of 3 years current experience in
                        the field of landscape design.




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                 9.     For the purpose of preparing a Fauna Management Plan, a qualified person is
                        considered to be an ecologist with a minimum of 3 years current experience in the field
                        of fauna assessment and management.
                 10.    For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                        with the bushfire requirements of this Decision Notice, a qualified person is considered
                        to be an ecologist with a minimum of 3 years current experience in the field of bushfire
                        assessment and management.
                        Bonds
                 11.    An applicant for a development application may make an agreement with an assessment
                        manager, referral agency or other person to establish the responsibilities, or secure the
                        performance, of a party to the agreement about a development condition.
                        Infrastructure Charges
                 12.    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
                 13.    The Infrastructure Charges Notice issued in relation to this Other Change Approval
                        132008.176.05 is payable in addition to the Infrastructure Charges Notices and
                        Condition 88 (Contributions Towards Council Infrastructure) issued under the original
                        approval 13.2008.176 and updated under the Change to an Existing Approval
                        132008.176.03.
                 7.     PROPERTY NOTES

                 Vegetation Protection Covenant
                 1.     A Vegetation Protection Covenant applies to this property. No clearing of vegetation is
                        to occur within the covenanted area, except where in accordance with the terms of the
                        covenant.
                 8.     VARIATION APPROVAL DETAILS

                 Not applicable.
                 9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                  Type of Development Permit Required            Subject of the required Development Permit

                  Development          Permit   for   Operational Landscaping, Roadworks, External Works,
                  Works                                           Earthworks, Stormwater Access

                  Development Permit for Building Works          All Building Works

                 10.    SUBMISSIONS

                 There were 107 properly made submissions about the application. In accordance with the
                 Planning Act 2016, the name, address and electronic address of the principal submitter for
                 each properly made submission is provided and attached.
                 11.    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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Page 18

                 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.
                 12.       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,




                 Nadine Gorton
                 Coordinator Planning


                 Enc:      Referral Agency Response
                           List of Submitters
                           Appeal Rights
                           Infrastructure Charge Notice
                           Approved Plans/Documents
                 cc.       [email protected]



                 DECISION NOTICE HISTORY
                 •     Original Decision Notice – 8 April 2010.
                 •     P & E Court Consent Order – 14 October 2011

                 •     Decision Notice – Minor Change – 132008.176.02 – 22 July
                       2013, with an amendment to condition 35 & include
                       additional condition 106.

                 •      Decision Notice – Minor Change – 132008.176.03 – 17
                       February 2017, with an amendment to condition 35 &
                       include additional Advisory Note 9

                 •     Decision Notice – Extension of Currency Period –
                       51992.176.04 – 17 October 2024.

                 •     Decision Notice – Other Change 132008.176.05 – 17
                       October 2024; Approve the change to existing approval.




                                                                                                   Page 18 of 39
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Page 19

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




                                                                                      Page 19 of 39
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Page 20

 

SARA reference:
Assessment manager:
Street address:

Applicant name:
Applicant contact details:

Human Rights Act 2019
considerations:

Representations

Yours sincerely

JP

Garth Nolan
Manager (Planning)

 

Document Set ID: 23308496
Version: 6, Version Date: 24/10/2024

Real property description:

2210-31715 SRA

State transport infrastructure generslly
2210-31715 SRA

Noosa Shire Council

3 and 7 Serenity Close, Noosa Heads

Lot 11 on SP195871; Lot 10 on SP335472

Calile Malouf Investments Pty Ltd C/- Project Urban
PO Box 6380

Maroochydore BC QLD 4558
[email protected]

Aconsideration of the 23 fundamental human rights protected under
the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

cc Calile Malouf Investments Pty Ltd C/- Project Urban, Scott. [email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 —- Documents referenced in conditions

State Assessment and Referral Agency Page 2 of 12

 

Page 20 of 39

Page 21

 

Attachment 1—Referral agency conditions

2210-31715 SRA

 

(Under section 56(1)(b){1) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)

 

 

Conditions

 

Condition
timing

 

Material change of use for Resort Complex and Shop

 

10.10.3.3.1.1 -SEQ Koala Habitat Area —The chief executive administering the Planning Act 2016
nominates the Director-General of Department of Environment and Science to be the enforcement
authority for the development to which this development approval relates for the administration and
enforcement of any matter relating to the following condition(s):

 

1.

No koala habitat trees on the subject site will be removed or disturbed as a
consequence of the operational works except for 82 non-juvenile koala
habitat trees identified as ‘Removed’ on KTSP04: Trees Retained and
Removed, prepared by Litoria Consulting, drawing reference 22011
KTSP04, issue B, dated 10/10/2023.

At all times

 

Prior to any building or operational works being undertaken prepare a Koala
Management Plan, which must:

(s)

(b)

vii.

viii.

xi.

xii.

(c)

 

 

Identify the clearing and construction activities that may increase
the risk of stress, injury or death of koalas;

Detail the management measures that will be implemented
during clearing and construction works to prevent the risks
identified in part (a) of this condition, including but not limited to

all of the following:

Details of pre-clearing inspections of the vegetation to be
cleared;

Measures required under the Nature Conservation (Koala)
Conservation Plan 2017, including the staging and
sequencing of clearing and provisions for a koala spotter
during clearing operations:

Procedures for the recovery of koalas:

Measures for dealing with trapped, injured, orphaned and
deceased koalas:

Contact details for the contractor for reports of at risk or
injured koalas;

Procedures for checking machinery for koalas;

Measures to protect retained koala habitat and vegetation
(including open land) in accordance with Australian
Standard AS4970-2009;

The use of fauna exclusion fencing:

Measures to minimise the impact of construction related
dust on adjacent koala habitat;

Signage in areas of vehicular traffic on site;

Measures to manage the risks posed by dogs (e.9., guard
dogs) on site;

Measures to raise awareness amongst construction workers
of koalas on and near the construction activities; and

Be certified by a suitably qualified and experienced person.

 

(a) — (d) Prior to
any building or
operational
works being
undertaken.

(e) At all times
during clearing
and construction
works.

 

 

State Assessment and

 

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Referral Agency

 

Page 3 of 12

Page 21 of 39

Page 22

 

2210-31715 SRA

 

 

 

 

 

 

 

 

 

Document Set ID: 23308496
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AND
(d) Submit the Kosla Management Plan to the Department of
Environment and Science at
Koala. Nia les.qid.gov.au.
AND
(e) Implement the management measures contained in the Koala
Management Plan.
(a) Prepare a rehabilitation plan for areas identified as (a) and (b) Prior
environmental management and conservation zone within te commencing
Landscape Plan, DA RFI Response Comparison, prepared by oe Sreetes
Richards and Spence, drawing reference 2100014, Rev C. works.
The rehabilitation plan must be prepared by an appropriately
qualified person(s), and must address as a minimum: (c) To
i. details of the rehabilitation objectives for the site; commence no
i the number of Koala habitat trees to be established on the | more than 1
site: month after the
. ion of
iii, the planting palette and planting density of the proposed Seana ond
rehabilitation; construction
iv. details of how the vegetation planted as a result of the works.
rehabilitation work will be suitably maintained.
(d) Within 3
(b) Provide the rehabilitation plan to the Department of months from the
Environment and Science at koala compliance@des gid. gov.au | Completion of the
or mail to: rehabilitation
Koala Assessment and Compliance
Department of Environment and Science
GPO Box 2454 Brisbane Queensland 4001
(c) Undertake the rehabilitation of the site in accordance with the
rehabilitation plan:
(d) Certification by an appropriately qualified person(s) that (a), (b)
and (c) have been fulfilled, must be provided to the Department
of Environment and Science at:
[email protected]
OR
Koala Assessment and Compliance
Department of Environment and Science
GPO Box 2454 Brisbane Queensland 4001
Deliver an environmental offset in accordance with the Environmental Prior to
Offsets Act 2014 to counterbalance the significant residual impacts on the commencing any
matter of state environmental significance being 34 non-juvenile koala clearing works.
habitat trees.
Note: Section 16 of the Environmental Offsets Act 2014 provides that when
an offset condition is imposed on an authority, a number of deemed
conditions are taken to apply. These deemed conditions are detailed in
sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
Contravention of a deemed condition is taken to be contravention of an
State Assessment and Referral Agency Page 4 of 12

Page 22 of 39

 

Page 23

 

 

2210-31715 SRA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

More information on offset delivery can be found here:
https://www.gid.gov.au/environment/pollution/management/offsets/delivering.
Please send the notice of election to [email protected]. Prior to the commencement of clearing activities, notify the Department of 72 hours prior to
Environment and Science sat [email protected].gov_au of: commencement
* the expected date the clearing activity will commence; of vegetation
«the expected duration of the clearing a clering.
* the name and contact details of the koala spotter that has been
contracted for the clearing activity: and
«the name, contact details and authority number of the spotter
catcher that has been contracted for the clearing activity.
6. Any pools to be constructed must be designed. constructed, and maintained | At all times
@s koala-safe pools as described in the Koala Sensitive Design Guideline
(Version 3), prepared by the Department of Environment and Science and
dated December 2022.
7. (a) Provide a Fauna Management Plan prepared by a suitably qualified | a) and b) prior to
and experienced person, in accordance with the Koala Sensitive operational
Design Guideline (Version 3), prepared by the Department of works occurring
Environment and Science and dated December 2022. to minimise within the site
impacts to koalas and other wildlife inhabiting or moving through the
site. c) Within 30
days of
Required koala protection measures must include, but are not completion of
limited to: vegetation
* Signage depicting a koala and maximum speed limit of 20knvh | clearing.
should be erected at the entrance to the site to inform visitors
that koalas may be present on the site
© = Traffic calming devices must be installed along the main
entrance and internal roads where they intersect with, or are
directly adjacent to koala movement corridors on the site
* — Actificial lighting on the subject site must be operated to ensure
it is directed away from the adjacent conservation areas and
other fauna corridors to minimise impacts to koalas and other
wildlife inhabiting or moving through the site
«© ~The location of any koala exclusion fencing and/or koala
inclusion fencing
(b) Submit the Fauna Management Plan to the Department of
Environment and Science at Koala Compliance@des gid gov au.
AND
(c) Implement the management measures contained in the Fauna
Management Plan.
10.9.4.1.1.1 - Protection of State Transport Networks - The chief executive administering the Planning
Act 2016 nominates the Director-General of Department of Transport and Main Roads to be the
enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following condition(s):
8. (a) The development must provide a private bus stop on the Serenity (a) — (d) Prior to
Close frontage of the site, adjacent to the development’s pedestrian | the
entry, at the location shown on the Plan-GA-Ground Floor. prepared | commencement
by Richards and Spence, drawing reference SD-A-01- 03-G, revision ofuse
K, dated 05/07/2023, as amended in red.
State Assessment and Referral Agency Page 5 of 12

 

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Page 23 of 39

 

Page 24

 

2210-31715 SRA

 

(b) The private bus stop required in part (a) of this condition must be in
ccordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:

@ @ bus zone with minimum capacity for the set down of one
(1) single unit rigid bus of 14.5m in length

@ bus zone signs R5-20 at either end of the bus zone and
pavement marking in accordance with AS1742.11 — Manual
of uniform traffic control devices, Part 11: Parking controls

(ii) lighting in accordance with AS/NZS 1158.3.1 — Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area
(Category P) Lighting — Performance and Design
Requirements

(iv) access and hardstand for waiting and boarding/alighting
passengers

(vy) 8 paved pedestrian footpsth adjacent to the bus zone for its
entire length and extending to the development's pedestrian
entry stairs and ramp in Serenity Close.

(c) Provide no stopping signage (R5-35) and pavement marking in
accordance with AS1742.11 — Manual of uniform traffic control
devices, Part 11: Parking controls in the Serenity Close cul-de-sac,
excluding vehicle crossovers.

(d) RPEQ certification, with supporting documentation, must be
provided to the Program Delivery and Operations Unit, North Coast
Region ([email protected]) within the Department
of Transport and Main Roads confirming that the development has
been designed and constructed in accordance with parts (a) and (c)
of this condition.

 

 

 

(a) The development must provide a passenger loading zone adjacent
to the check-in lounge and reception st the location shown on Plan-
GA-Ground Floor, prepared by Richards and Spence, drawing
reference SD-A-01- 03-G, revision K, dated 05/07/2023, as
amended in red.

(b) The passenger loading zone required in part (a) of this condition
must be in accordance with the Disability Standards for Accessible
Public Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:

@ @ passenger loading zone with minimum capacity for the
concurrent parking of 3 x B99 standard vehicles, 1 x wheel
chair accessible taxi and 2 x mini-buses of 6.99m in length
in total, parallel to kerb;

(i) one wheelchair accessible parking bay designated by
signage and pavement marking at the front of the queue in
accordance with:

* AS1428.1 - Design for access and mobility:

« AS2890.6 — Parking Facilities, Part 6: Off-street parking for
people with disabilities:

« Chapter 7 — Taxi Facilities of the Public Transport
Infrastructure Manual 2015; and

« the Disability Standards for Accessible Public Transport
2002 - subsection 31(1) of the Disability Discrimination Act
1992;

(ii) the remainder of the passenger loading zone to be
continuous with unmarked bays for the parking of vehicle
combinations including B99 standard vehicles and mini-
buses of 6.99m in length;

 

(s) — (b) Prior to
the

commencement
of use and to be
maintained at all
times

(c) Prior to the
commencement
of use

 

 

 

Document Set ID: 23308496
Version: 6, Version Date: 24/10/2024

Stale Assessment and Referral Agency

Page 6 of 12

Page 24 of 39

 

Page 25

2210-31715 SRA

 

(iv) passenger loading zone signs - R5-23 (passengers — 2 or
15 minute). placed at either end of the zone, and line
marking in accordance with AS1742.11 — Manual of uniform
traffic control devices, Part 11: Parking controls;

(v) lighting in accordance with AS/NZS 1158.3.1 — Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area
(Category P) Lighting — Performance and Design
Requirements; and

(vi) gccess and hardstand, and shelter with seats, for waiting
and boarding/alighting passengers.

(c) RPEQ certification, with supporting documentation, must be
provided to the Program Delivery and Operations Unit, North Coast
Region ([email protected]) within the Department
of Transport and Main Roads confirming that the development has
been designed and constructed in accordance with parts (a) and (b)
of this condition.

 

 

 

 

 

Stale Assessment and Referral Agency Page 7 of 12

Document Set ID: 23308496 Page 25 of 39
Version: 6, Version Date: 24/10/2024

 

Page 26

 

2210-31715 SRA

Attachment 2—Advice to the applicant

 

 

General advice

1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.

2. Terms defined in the Glossary of Terms found within the State Code 25: Development in South
East Queensland Koala Habitat Areas are taken to have the same meaning in these

3. Areference to State Code 25 is a reference to the version of the State Code 25: Development
in South East Queensland Koala Habitat Areas in effect as at the date of this development
approval.

4. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
that apply to all persons undertaking the clearing of koala habitat trees. including that clearing
be undertaken sequentially and in the presence of a koala spotter.

Penalties for non-compliance apply.

For further information please contact the Department of Environment and Science at
koala.compliance@des_gid.gov au.

5. Despite this development approval, other permits or approvals may be required for the clearing
of koala habitat. To determine if the proposed clearing requires other approvals under other
local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).

6. The development contains areas mapped as containing a high-risk area on the protected plant
flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site, a clearing permit under the Nature
Conservation Act 1992 may be required.

 

 

 

 

 

 

 

7. The development contains habitat for threatened and special least concern fauna species. If the
development requires tampering with a protected animal breeding place, a species
management program may be required.

More information on protected animal breeding places and species management programs can
be found here: https://environment.des.qld.gov.au/licences-permits/plants-animals/species-
management-program

 

 

 

 

State Assessment and Referral Agency Page 8 of 12

 

Document Set ID: 23308496 Page 26 of 39

Version: 6, Version Date: 24/10/2024

Page 27

 

 

2210-31715 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for SARA's decision are:

* The proposed development is for a Change Application for an Other Change to a Development
Permit for Material Change of Use of Premises for a Resort Complex and Shop, at 3 and 7 Serenity
Close, Noosa Heads, properly described as Lot 10 on SP195871 & Lot 11 on SP335472

e On 8 April 2010, Sunshine Coast Regional Council (SCRC) issued a development approval for a
development permit - material change for Resort Development comprising Multiple Dwelling (109
Dwelling Units). Accommodation Building (90 Accommodation Units) and Ancillary Facilities to be
assessed against the superseded planning scheme (application number: 2008/176)(original
development approval)

* The application seeks to change the original development approval to resort complex with ancillary
retail. The resort accommodation has 178 rooms, 12 suites and 15 villas, resort facilities, including
restaurants, function rooms, indoor and outdoor recreation, well-being, open space areas, and resort
retail.

* Section 82(2) of the Planning Act 2016 stipulates that:

For administering the change application, and assessing and deciding the change application in the
context of the development approval, the relevant provisions apply—
(ajas #—
(ithe responsible entity were the assessment manager; and
(ii)the change application were the original development application, with the
changes included, but was made when the change application was made; and
(b)with necessary changes.

© The subject site is currently mapped under the State Development Assessment Mapping System
(DAMS) as including Koala habitat areas (KHAs) which are located outside a Koala Priority Area
(KPA). The proposed development will significantly impact on a KHA outside of a KPA.

* The proposed development also exceeds State transport infrastructure thresholds under Schedule 20
of the Planning Regulation 2017, as the proposed development includes an accommodation activity
designed to accommodate more than 75 people in a Local government Area (LGA) 2.

* The application requires assessment by SARA against the State Development Assessment
Provisions (SDAP), version 3.0:

o State code 25: Development in SEQ koala habitat areas.
o State code 6: Protection of State Transport Networks
* SARA has assessed the development against State code 25 and State code 6 and found the
development complies with the relevant performance outcomes, subject to conditions to ensure:

© Clearing of non-juvenile koala habitat trees are limited to trees identified as necessary to
remove within the approved development footprint

© Operational works (construction and vegetation clearing activities) that may increase the risk
of stress, injury or death of koalas are identified and managed appropriately so as to prevent
the risks identified

© Koala sensitive design measures for the life of the development are identified and
implemented

° The significant residual impact to koala habitat is offset in accordance with the Environmental
Offset Act 2014

© Provisions for public transport facilities such as private coaches, chartered buses, and
wheelchair accessible taxis are included within the development design

State Assessment and Referral Agency Page 9 of 12

 

 

Document Set ID: 23308496 Page 27 of 39

Version: 6, Version Date: 24/10/2024

Page 28

2210-31715 SRA

Material used in the assessment of the application:

the development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.0), as published by SARA

the Development Assessment Rules

SARA DA Mapping system

State Planning Policy mapping system (delete if not used)
section 58 of the Human Rights Act 2019

State Assessment and Referral Agency Page 10 of 12

 

Document Set ID: 23308496 Page 28 of 39

Version: 6, Version Date: 24/10/2024

Page 29

 

2210-31715 SRA

Attachment 4—Representations about a referral agency response
provisions

 

(page left intentionally blank)

State Assessment and Referral Agency Page 11 of 12

 

 

Document Set ID: 23308496 Page 29 of 39

Version: 6, Version Date: 24/10/2024

Page 30

 

 

2210-31715 SRA

Attachment 5—Documents referenced in conditions

 

(page left intentionally blank)

State Assessment and Referral Agency Page 12 of 12

 

 

 

Document Set ID: 23308496 Page 30 of 39

Version: 6, Version Date: 24/10/2024

Page 31

 

 

 

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Document Set ID: 23308496
Version: 6, Version Date: 24/10/2024

    
     
  
 
 
 
 
    

Page 31 of 39

 

Page 32

 

   
  

LANDSCAPE PLAN
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Document Set ID: 23308496 Page 32 of 39

Version: 6, Version Date: 24/10/2024

Page 33

                                                       List of Submitters
                                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




                  Name                             Email                                  Address

                  Heidi Schum          [email protected]                            Tewantin
                  Shannon &            [email protected]                        13 Grosvenor Terrace
                  Kate Gillard                                                            Noosa Heads
                  David Trevenar       [email protected]                     2/13 Grant St Noosa
                                                                                          Heads
                  Frank Shelley        [email protected]                              1/ 2-10 Banksia Ave
                                                                                          Noosa Heads
                  Stephen Hardy        [email protected]                              10/8 Serenity Close
                                                                                          Noosa Heads
                  Wendy Court          [email protected]                       7 Jan St Noosa Heads
                  Graeme               [email protected]>                             29 Grant St Noosa
                  Ballentine                                                              Heads
                  Mark Dyson           [email protected]                            31 Grant St Noosa
                                                                                          Heads
                  Mia                  [email protected]                                Serenity Close Noosa
                  Themistocleous                                                          Heads
                  Paul &               [email protected]                           4/25 Coral Tree Ave
                  Geraldine                                                               Noosa Heads
                  Roberts
                  Chris Brinkley       [email protected]                              President & Secretary
                                                                                          Noosa Junction Assoc.
                  Diane Philips &      [email protected]                            22/4 Serenity Close
                  G Greenhalgh                                                            Noosa Heads
                  Wendy Jensen         [email protected]                             PO Box 414 Noosa
                                                                                          Heads
                  Jeff & Lin           [email protected]                Caretakers - Settlers
                  Edwards                                                                 Cove
                  Alex                 [email protected]           Owner & Pharmacist -
                  Themistocleous                                                          Livelife Pharmacy
                                                                                          Serenity Close Resident
                  Judy Vulker          [email protected]                               28/12-14 Serenity Close
                                                                                          Noosa Heads
                  Emma Isleggio        [email protected]                        RG Strategic Planning
                                                                                          PO Box 1818 Noosa
                                                                                          Heads




                                                                                                      Page 33 of 39
Document Set ID: 23308496
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Page 34

                  Merran Spring        [email protected]
                  Hans Stolz           [email protected]              8/2 Serenity Close
                                                                       Noosa Heads
                  Stuart Lee           [email protected]          12/6 Serenity Close
                                                                       Noosa Heads
                  Kerry & Col          [email protected]            6/8 Serenity Close
                  Gregan                                               Noosa Heads
                  Karen Peck           [email protected]         20 Coral Tree Ave
                                                                       Noosa Heads
                  Helen Maddern        [email protected]         Katharina St Noosa
                                                                       Heads
                  Sheelin Coates       [email protected]        17 Banksia Ave Noosa
                                                                       Heads
                  Brendan              [email protected]       15 Coral Tree Ave
                  McKenna                                              Noosa Heads
                  Helen Ringrose       [email protected]         1/10 Serenity Close
                                                                       Noosa Heads
                  Marigold             [email protected]           27 Katharina St Noosa
                  Morgan                                               Heads
                  Ian & Nicole         [email protected]
                  Bailey
                  Sarah Benecke        [email protected]          Unit20/12-14 Serenity
                  & Ronald                                             Close Noosa Heads
                  Koyich
                  Alesha               [email protected]   Hastings Street
                  Gooderham                                            Association Property
                                                                       Manager, Hastings St
                                                                       Noosa Heads
                  Michael              [email protected]          Apartment 5. 12 Serenity
                  Partridge                                            Close Noosa Heads
                  Sarah Knoll          [email protected]
                  Heather              [email protected]
                  Paterson
                  Tony Lund            [email protected]            9/40-42 Grant St Noosa
                                                                       Heads
                  Jennifer Bull        [email protected]           9/40-42 Serenity Close
                                                                       Noosa Heads
                  Wendy & Derek        [email protected]
                  Scott
                  Sue-Ellen            [email protected]            3/30 Grant St Noosa
                  Horrocks                                             Heads




                                                                                  Page 34 of 39
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Page 35

                  Susan Schmidt        [email protected]            24 Coral Tree Ave
                                                                            Noosa Heads
                  Mark Minney          [email protected]              Unit 8 40-42 Grant St
                                                                            Noosa Heads
                  Michelle Singer      [email protected]                  29 Banksia Ave Noosa
                                                                            Heads
                  Caroline Giles       [email protected]             17/4 Serenity Close
                                                                            Noosa Heads
                  Gail Ryan &          [email protected]            35/2 Serenity Close
                  Tony Ward                                                 Noosa Heads
                  Gai O'Brien          [email protected]                 Noosa Resident for over
                                                                            45 years
                  Ian Sare             [email protected]                9/12-14 Serenity Close
                                                                            Noosa Heads
                  William Burns        [email protected]            36 Banksia Ave Noosa
                                                                            Heads
                  Brett Eames          [email protected]              PO BOx 1622 Noosa
                                                                            Heads
                  Patricia Quinn       [email protected]              1/12 Serenity Close
                                                                            Noosa Heads
                  Chris Price          [email protected]           12 Defender Crt Sunrise
                                                                            Beach
                  Darren               [email protected]           5 Morning Dew Close
                  Patterson                                                 Cooroibah
                  Michael & Faye       [email protected]
                  Bergin
                  Terence Quinn        [email protected]                   12 Serenity Close Noosa
                                                                            Heads
                  Ingrid Jackson       [email protected]   Noosa Chamber of
                                                                            Commerce & Industry
                  Peter Fullagar       [email protected]         25 Grant St Noosa
                                                                            Heads
                  Elaine Dyson         [email protected]              31 Grant St Noosa
                                                                            Heads
                  Coral Parkinson      [email protected]               Noosa resident &
                                                                            ratepayer for 46 years
                  Jacqueline Ellis     [email protected]              5 Banksia Ave Noosa
                                                                            Heads
                  Nance Forster        [email protected]             25 Grant St Noosa
                                                                            Heads




                                                                                       Page 35 of 39
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Page 36

                  Doug Oates           [email protected]                            15/12 Serenity Close
                                                                                       Noosa Heads
                  S & Shadwick         [email protected]                             12-14 Serenity Close
                                                                                       Noosa Heads
                  James Watkins        [email protected]                           9/10 Serenity Close
                                                                                       Noosa Heads
                  Donna Bean           [email protected]                           2/2 Serenity Close
                                                                                       Noosa Heads
                  Mark Laforest        [email protected]                            29 Banksia Ave Noosa
                                                                                       Heads
                  John Betar           [email protected]                            20 Coral Tree Ave
                                                                                       Noosa Heads
                  Thomas & Kate        [email protected]                     17 Coral Tree Ave
                  Christie                                                             Noosa Heads
                  Tiago & Maria        [email protected]                       H4 Living P/L 16 Grant
                  Guerreiro                                                            St Noosa Heads
                  Peter McDonald       [email protected]                            MacQuarie Lodge 1/2
                                                                                       Serenity Close Noosa
                                                                                       Heads
                  Ian & Sue            [email protected]                          22/12-14 Serenity Close
                  Griffiths                                                            Noosa Heads
                  Debra Oates          [email protected]                          15/12-14 Serenity Close
                                                                                       Noosa Heads
                  Ian Crow             [email protected]                         Serenity Close Noosa
                                                                                       Heads
                  Paul Fleet           [email protected]                    Iluka Apartments Body
                                                                                       Corporate Chairman
                                                                                       Serenity Close Noosa
                                                                                       Heads
                  Carlie Mitsikas      [email protected]                      12 Coral Tree Ave
                                                                                       Noosa Heads
                  Noosaville           [email protected] 1/5-13 Albert St
                  Business                                                            Noosaville
                  Association
                  (Tim Rook)
                  Spencer              [email protected]
                  Hitchen
                  Oskar Booth          [email protected]                            23 Hill St Pomona
                  Jess Fleming         [email protected]                           JMF Design 1/60
                                                                                       Gateway Dr Noosaville
                  Susan Filmer         [email protected]                           35/14 Serenity Close
                                                                                       Noosa Heads




                                                                                                  Page 36 of 39
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Page 37

                  Iain Kippen          [email protected]
                  Caroline Giles       [email protected]               4 Serenity Close Noosa
                                                                              Heads 4567
                  Andrew               [email protected]               2 River Rd Tewantin
                  Fairburn
                  Matt Stoeckel        [email protected]   3/8 Maroochydore Rd
                                                                              Maroochydore
                  James                [email protected]                    5/6 Serenity Close
                  MacKinnon                                                   Noosa Heads
                  Michael Rickard      [email protected]                      20 Moorhen Plc
                                                                              Noosaville
                  Ona Klova            [email protected]
                  Peter Thomas         [email protected]                5 Duke St Sunshine
                                                                              Beach
                  Paul Blundell        [email protected]               6 Hovea Plc Tewantin
                  Susan                [email protected]              2/22 Parkyn Court
                  Ewington                                                    Tewantin
                  Matthew Wilson       [email protected]             Duke St Sunshine Beach
                  Lynne & David        [email protected]                   6 Serenity Close Noosa
                  Murphy                                                      Heads
                  Mark Civitella       [email protected]                  2/23 Grant St Noosa
                                                                              Heads
                  Simon Reeve          [email protected]                  3/4 Serenity Close
                                                                              Noosa Heads
                  Vicki Cathcart       [email protected]                 18/10 Serenity Close
                                                                              Noosa Heads
                  Felicity Dales       [email protected]
                  Peter Brewer         [email protected]                16 Seafarer Ct
                                                                              Castaways Beach
                  Shelley W            [email protected]
                  Ivan Gangur          [email protected]                 19 Coral Tree Ave
                                                                              Noosa Heads
                  Wayne Boyd           [email protected]                  New Zealand on behlaf
                                                                              of 8/10 Serenity Close
                                                                              Noosa Heads
                  Friedemann           [email protected]                  8 Grosvenor Tce Noosa
                  Kirn                                                        Heads
                  Carly Baum           [email protected]       1/138 Noosa Pde
                                                                              Noosaville




                                                                                         Page 37 of 39
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Page 38

                  Kym Everett          [email protected]             3 Warrigal Crt Noosa
                                                                           Heads
                  Carly Sollner        [email protected]             14 Banksia Ave Noosa
                  (Davis)                                                  Heads
                  Clive Brown          [email protected]
                  Russell Wells        [email protected]
                  Thomas               [email protected]   20 Banksia Ave Noosa
                  Stuehrenberg &                                           Heads
                  Siiluk
                  Moonthiya
                  David Gardiner       [email protected]       Chairman - Elandra
                                                                           Body Corporate 6
                                                                           Serenity Close Noosa
                                                                           Heads
                  Peter King           [email protected]                   1/37 Katharina St Noosa
                                                                           Heads
                  Alexa Parker         [email protected]             18/8 Serenity Close
                                                                           Noosa Heads




                                                                                      Page 38 of 39
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Version: 6, Version Date: 24/10/2024

Page 39

                                                                              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
                                                                                                      appeal, other than an eligible submitter who is not a principal
                         (i)   who may appeal a matter (the appellant); and
                                                                                                      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          (5) A notice of appeal given to a person who may elect to be a co-
                       agency; or                                                                 respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the         (6) A person elects to be a co-respondent by filing a notice of election,
                       deemed refusal happens; or                                                 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        231 Other appeals
                       premises – 20 business days after a notice us published under
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                       section 269(3)(a) or (4); or
                                                                                                  the Supreme Court decides a decision or other matter under this
                   (d) for an appeal against an infrastructure charges notice – 20                Act is affected by jurisdictional error, the decision or matter is non-
                       business days after the infrastructure charges notice is given             appealable.
                       to the person; or
                                                                                              (2) The Judicial Review Act 1991, part 5 applies to the decision or
                   (e) for an appeal about a deemed approval of a development                     matter to the extent it is affected by jurisdictional error.
                       application for which a decision notice has not been given –
                                                                                              (3) A person who, but for subsection (1) could have made an
                       30 business days after the applicant gives the deemed
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                       approval notice to the assessment manager; or
                                                                                                  decision or matter, may apply under part 4 of that Act for a
                   (f) for any other appeal – 20 business days after a notice of the              statement of reasons in relation to the decision or matter.
                       decision for the matter, including an enforcement notice, is
                                                                                              (4) In this section –
                       given to the person.
                                                                                                  decision includes-
               Note –See the P&E Court Act for the court’s power to extend the appeal
                       period.                                                                    (a) conduct engaged in for the purpose of making a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard                   (b) other conduct that relates to the making of a decision; and
                   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
                   withdraw from the appeal.                                                      (e) a deemed refusal.

               (6) To remove any doubt. It is declared that an appeal against an                  non-appealable, for a decision or matter, means the decision or
                   infrastructure charges notice must not be about-                               matter-

                   (a) the adopted charge itself; or                                              (a) is final and conclusive; and

                   (b) for a decision about an offset or refund-                                  (b) may not be challenged, appealed against, reviewed, quashed,
                                                                                                      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
               230 Notice of appeal                                                                   on any ground.
               (1) An appellant starts an appeal by lodging, with the registrar of the        232 Rules of the P&E Court
                   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
                   (a) is in the approved form; and                                               rules of the court that apply to the appeal.
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
               (2) The notice of appeal must be accompanied by the required fee.                  the person has not complied with the rules of the P&E Court




                                                                                                                                                  Page 39 of 39
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Version: 6, Version Date: 24/10/2024

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