Minor Change to Existing Approval Refusal 152006.1999.4

Officer: 	Kerri Coyle
Direct Telephone: 	07 53296240
Our Reference:	152006.1999.4
Your Reference:	M1775
13 May 2020
JS Hofmann & KM Hofmann
C/- JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 29 November 2019, and as amended on 23 April 2020, requesting a minor change to an existing development approval. Council on 13 May 2020, decided to refuse your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	152006.1999.4
Street address:	191 Hollett Rd Noosaville Qld 4566
Real property description:	Lot 53 SP 163571
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
In relation to the request to make a minor change to the existing approval, Council on 13 May 2020 decided to refuse the requested changes. Reasons for refusal are detailed below.
reasons for refusal
The proposed development conflicts with the South East Queensland Regional Plan as the site is located in the Regional Landscape and Rural Production area, in an area where the intent is to protect the landscape, environmental values and capacity for rural production and where rural settlement lots are not expected.
The proposed development conflicts with the requirements of Planning Regulation 2017 as it is located in the Regional Landscape and Rural Production Area and will result in the removal of koala habitat. The proposed development would be prohibited development under the current regulations.
The proposed development is inconsistent with the Noosa Plan’s Strategic Framework as the proposed development will not conserve land for agricultural purposes and will result in development inconsistent with the rural character and amenity of the locality.

The proposed development is not consistent with the outcomes sought for the site by the Tewantin and Doonan Locality Code, being located outside the urban growth boundary, and on rural land intended to be protected and managed to preserve the scenic and environmental values of the locality.
The proposed development fails to meet the Overall and Specific Outcomes of the Biodiversity Overlay Code as the proposal will result in the removal of significant vegetation, intrude into riparian buffers, and remove koala habitat.
The proposed development does not satisfactorily address the risks to people and property from bushfire and the proposed bushfire mitigation measures will adversely impact on the site’s environmental values.
There is no need for the proposed development.
Changes are sought to conditions and the approval including conditions concerning the timing of the development which are the subject of dispute in other appeals.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response
Advice	Energex Town Planning GPO Box 1461  Brisbane QLD 4001 Ph: 36645097 Email:[email protected]	Schedule 10, Part 9, Division 2, Table 1 – Reconfiguring a Lot subject to an Easement	The agency provided its response on 23 April 2020 (Reference No. HBD 6923390) A copy of the response is attached.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
cc.	Energex

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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23 April 2020

Noosa Council
PO Box 141

‘Tewantin QLD 4565

Attn: Kerri Coyle

Via email: [email protected]

ce

Dear Kerr,

energex

John & Kathleen Hofmann
/- JFP Urban Consultants Pty Ltd

T1. 209 Kon-Tiki Business Centre, 55 Plaza Parade
Maroochydore QLD 4558

Attention: Allison Drabsch
Via email: [email protected]

Amended Affected Entity Response Notice - Change Application for a
Minor Change to reduce the number of residential lots under
Development Approval 152006.1999 - Development Permit for
Reconfiguring a Lot (1 into 52 residential lots, new road and park) at
191 Hollett Road, Noosaville (Lot 53 on SP163571)

Applicant Ref: M1775
Council Ref: 152006.1999.4
‘Our Ref: HBD 6923390

We refer to the abovementioned Change Application, notice of which has
Previously been given to Energex Limited, pursuant to section 80 of the
Planning Act 2016. Energex issued an affected entity response on 20
December 2019 (Energex Ref. HBD 6829410) objecting to the change
application, but advising that this position may be revised, subject to the
Applicant providing further detailed assessment of several outstanding
issues. The Applicant provided amended application material to Energex on
11 April 2020 in response to this notice.

Energex has assessed the amended application material and subsequent
changes to the development received on 1 April 2020 and reviewed its
Posttion in relation to the Change Application. As an affected entity for the
Change Application, Energex advises that it has no objection to the changes
proposed, subject to the requirements of this response notice.

plans and reports may require an amended response notice.

 

Corporate Oce
‘The application material identified on the following page has been assessed 26 Reddacif’Sreet
by Energex and forms the basis of our advice. The development is to be Newstead QLD 4008
carfied out in accordance with these plans and reports. Any changes to these GPOBox 1401

Sisbane 4001
“Telephone (07) 9068 4000,
Facsimile (07) 20056201,
rm energexcam au

Energex Limited
‘ABN 20078849 055

Reference: HED 0023300

 

 


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‘Reconfiguration Pian MI775-13F F | 26 Maren 2020
Sheet 1of6

Plan of Development MI175-13 F | 26Mmaren 2020
‘Sheet 2of 6

Powerline Ground Clearance Mi775-20, A__| 28 January 2020
Electromagnetic Feld Assessment, | - vio | 27 Maren 2020
prepared by J&P Richardson industries

‘and certified by Steven Flower RPEQ

 

 

 

 

 

 

‘The Applicant is also advised the following in relation to the development:

1. The conditions of any easements in favour of Energex must be maintained at all
‘times.

2. Any future development proposed on the easement, including works associated
‘with the new road, pedestrian/cyclist connections and/or other services connections
‘must have prior approval from Energex.

Prior to works commencing, the Applicant/Developer is to submit RPEQ certfied
drawings to Energex, having regard to any existing electrical assets in the vicinity of
the proposed works.

Note: where relevant, this may be satisfied by referring to Energex any future
development application’ for Operational Work, in accordance with the
requirements of the Planning Regulation 2017.

3. Lighting structures are not permitted in the easement without prior written consent
of Energex. Lighting designs for proposed developments (e.9. road, carparks etc)
on the easement are likely to require reduced height structures. Please submit
detailed design to Energex for approval. These drawings must clearly show the
following:

‘+ Proposed height of the lighting structures and the ground level at the structure
base:

‘+ Relative (to lighting structures) ground levels at Energex structures (towers,
pole etc) either side of the lighting structures; and

‘+ The location of the Energex structures in relation to the proposed lighting,

4. No planting is permitted in the Easement without prior approval from Energex. If
planting is proposed, the applicant is required to provide a Detailed Landscape
lan to Energex for approval which:

‘= Keeps the planting of trees to the outer most edge of the easement and not
directly under any overhead conductors;

‘= Plots the location of the overhead conductors (accounting for a cross-arm if
‘applicable and plotting the powerline on the outmost edge of each side of the
cross-arm);

Reference: HED 0023300

Have you seen our fact sheets?
‘See the ‘considerations when developing round elect infastucture section of cur website
‘won snergex com aulreferageney


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= Uses species. included + on Energex’s-—Safetrees— list

(htps:www.energex.com au/about-us/our-commitment/to-the-
environment/vegetation/safet

‘= Ensures a horizontal clearance is achieved between the tree and the outer most
‘conductor equal to the mature height of the tree.

5. Access to the easement and access along the easement must be available to
Energex personnel, including vegetation crews and regular routine line inspection
crews, and heavy equipment, such as Heavy Trucks, Machinery and Cranes for
construction, maintenance and emergency services, at all times.

6. The following clearance must be maintained from the top of any machinery moving
in the vicinity of energised conductors at all times:
‘© 132KV and 110kV conductors — 4.6m minimum clearance.

All operators of machinery are to be made aware of the presence of high voltage
conductors. Should it be necessary to transport equipment or extend any
equipment, such that these clearances cannot be confidently maintained, a Safety
‘Advice request must be submitted to Energex via the following link:

https /wmw.energex.com.aulabout-us/contact-us/forms/general-forms/safety-
advice-form

7. Any future works on the easement or in the vicinity of Energex assets are to be
cartied out in accordance with Energex Standard Guidelines OH-03/12. A copy of
these guidelines is attached for reference.

‘Should you require further information regarding this matter, please contact the
undersigned on (07) 3664 5097 or benjamin [email protected] faithfully,

Bean.

Benjamin Freese
Town Planner

Encl, Attachment 1 — Copy of Energex Standard Guidelines OH-09/12
‘Attachment 2— Copies of plans and reports assessed by Energex

Reference: HB0 6022300

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney

 


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Standard Guidelines OH-03/12

When considering Works, either on Energex easements orn the vicinity of Energex assets,
please be anare ofthe folowing general conditions:

* Satisfactory clearance from your proposed structure tothe existing (andlor future) electricity
“wires must be maintained in accordance withthe Electrical Safety Regulations 2013.

+ No civil works are to occur within 5 metres of any part of an Energex Structure (e.g tower
bbase, pole or stay) without Energex approval,

+ Ifthe minimum Sm horizontal separation to the Energex structure cannot be achieved, the
Developer must consult Energex with regards to allowable construction methods. This may
include full depth shoring ofthe excavation sides for a minimum of 5 metres either side of
‘the structure.

‘Any excavations deeper than Sm must have a minimum horizontal separation from the
‘excavation to any tower, base or pole at least equal tothe excavation depth. The
excavation is not tobe left open overnight and backfl is to be compacted in 1SOmm layers
in the immediate vicinity ofthe structure.

* 10 metres clear access must be provided around al towers and pole structures after the
completion of any works on the easement.

‘Natural round level on the easement should not be disturbed without Energex approval

* Final ground levels should slope gently to the edge ofthe easement, surrounding area or
kerb such that pooling of water on the easement is avoided and conductor ground
clearances are not decreased.

* Stockpiling of spol on the easements prohibited

* Proposed underground services such as stormwater, sewerage, water and the like are to be
kept tothe outer edge of the easement. Services crossing the easement should be as near
2s practicable to right angles to the overhead conductor direction and not within 10 metres
(of any tower, pole or stay. Pipelines and crossings are to be clearly marked. Please
submit the relevant design drawings to the Principal Mains Design Engineer for review.

“The identification, assessment and mitigation of any possible hazards in the service due to
clectromagnetically induced voltages, isthe responsiblity of the Developer.

+ Any cutin the vicinity of a structure or between a structure and the road kerb will need to be
stabilised by a retaining wall. The retaining wall design and location is to be submitted to
Energex for approval

‘Any costs incurred by Energex as a result of the works on the easement are to be met by
‘the property Developer / owner.

* Access to the easement and access along the easement must be available to Energex
Personnel, including vegetation crews and regular routine line inspection crews, and heavy
equipment, such as Heavy Trucks, Machinery and Cranes for construction, maintenance
and emergency services, at al times.

* Existing access tracks must be re-instated, repaired or maintained i they are damaged
during construction or other activities.

Reference: HED 0023300
Have you seen our fact sheets?

‘See the ‘considerations when developing around electric infrastruc’ section of ur website
nn enatgex.com aulrferslagency.

 


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+ Energex will require the Developer / owner to supply and install gates where fencing
prohibits access to and along the easement area. To enable travel along the easement at
anylime the gates must be series locked with an Energex padiock. Both the padlock and a
design drawing of an acceptable gate will e provided by Energex.

* Lighting structures are not permitted in the easement without prior written consent of
Energex Lighting designs for proposed developments (e.g. road, carparks etc) on the
easement are likely to require reduced height structures. Piease submit detailed design to
Energex for approval. These drawings must clearly show the following:

= Proposed height of the lighting structures and the ground level atthe structure base;

Relative (to lighting structures) ground levels at Energex structures (towers, pole etc)
ctther side ofthe lighting structures; and

© The location ofthe Energex structures in relation to the proposed lighting.

* Pools and structures (including lighting structures) or metal fences are not permitted to be
installed on or near Energex easement without prior approval or notation.

‘Rubbish, materials and /or tll equipment such as cranes and excavators are not permitted
‘to be stored or used on the easement.

‘+ Excavations or mounding of material under or close to conductors or Energex structures is
not permitted.

‘© Energex must be notified of construction on or near the easement, conductors or structures:
Prior to commencement of construction

‘All construction work must be clear of the easement unless construction risk hazard is
Identified. High voltage clearances must be maintained prior to construction commencing,

*  Waming signs may be required during and after construction.

‘+ No planting is permitted in the Easement without prior approval from Energex. If planting is
proposed, the applicant is required to provide a Detailed Landscape Pian to Energex for
approval which:

‘2 Keeps the planting of trees tothe outer most edge of the easement and not directly
under any overhead conductors;

© Plots the location ofthe overhead conductors (accounting fora cross-arm if applicable
‘and ploting the powerline on the outmost edge of each side ofthe cross-arm);

© Uses species included on Energex’s Safetrees list (https www eneraex.com au/about.
usour-commitmento-the-environment ions

‘= Ensures a horizontal clearance is achieved between the tee and the outer most
‘conductor equal to the mature height ofthe tre.

+ Atall imes the following clearance must be maintained from the top of any machinery
‘moving inthe vicinity of energised conductors:

‘= 132KV and 1 10KV conductors — 4.5m minimum clearance;
‘= 33KV and 11kV conductors — 3m minimum clearance

‘Should it be necessary to transport equipment or extend any equipment, such that these
learances cannot be confidently maintained, you are required to contact our office to
ascertain whether a Safety Officers required on-site. All operators of machinery are to be
‘made aware of the presence of high voltage conductors.

Reference: HED 0023300

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney

 


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‘+ Alleasement conditions must be maintained

‘+ Allprevious conditions must be adhered to and Energex may, atts diseretion, audit the
‘fnished development to check that it conforms to the conditions of the development.

+ Detailed civil design drawings showing any proposed cut and fil Ievels on the easement and
‘the location ofthe Energex assets in relation tothe proposed development must be
approved by Energex before any works can commence on site.

Reference: HB0 6022300

Have you seen our fact sheets?
‘See the ‘considerations when developing around electricity infrastructure’ section of our website
‘won snergex com aulreferageney

 

 


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ee) NOOSA COUNCIL