Refused Decision Notice OPW20 0033 · OPW20/0033

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	OPW20/0033 : JELDER
Your Reference:	.
7 May 2020
Mr AJ St Baker
PO Box 2459
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 1 May 2020, Council decided to refuse the application.
Council also advices the owner of the following
Energex have advised Council that the works have infringed on Energex’s assets and as a result the network is no longer safe to operate and access in an emergency situation has been impeded;
The works undertaken on the road reserve at Park Road must be rectified, in accordance with an Operational Works approval, so as to comply with Noosa Council’s planning scheme and both Energex’s and Unity Water’s requirements.
Details of the decision are as follows:
APPLICATION details
Application No:	OPW20/0033
Street address:	62 Park Rd Noosa Heads Qld 4567
Real property description:	Lot 108 SP 184118
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Operational Works - Drainage Works, Landscaping, Stormwater
reasons for refusal
The application be refused for the following reasons:
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with Specific Outcome O4 of the Detached House Code.
The proposed works in the Park Road reserve do not comply with Specific Outcomes O8 and O10 of the Earthworks Code, as the earthworks are not contained within the subject property and are likely to adversely impact on the native vegetation.
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with the Overall Outcome 14.127.2 b), c) and Specific Outcome O1 of the Existing Services Code, as the works adversely limit access to the infrastructure for maintenance purposes and no suitable methods are identified to achieve access without unduly increasing future maintenance costs.
The information submitted with the application is insufficient to determine if the proposed works comply with Specific Outcome O1 of the Water Sensitive Design Code, with the works having the potential to adversely impact on downstream ecosystems and infrastructure.
The proposed works in the Park Road reserve do not satisfactorily demonstrate compliance with Specific Outcomes O1, O2, O3, O4, O7, O22, 25 and O27 of the Landscape Code as:
5.1	the works are likely to adversely impact on existing large trees and native vegetation and result in impacts on the natural landscape character;
5.2	the works will not maximise the retention of large canopy trees, provide for suitable plant layouts and densities, and have not adopted appropriate planting techniques;
5.3	the proposed landscaping does not include plant species suitable for the area, has the potential to damage buildings and structures and is not all suitable to stabilise soils;
5.4	the proposed landscaping has extended the private open space onto public land and has not clearly defined by the boundaries between private and public spaces, and has created potential concealment spots;
5.5	the proposed landscaping has not maintained adequate safe distance from services and utilities and does not allow for maintenance or emergency access to service corridors and utilities.
referral agencies
Not applicable
submissions
Not applicable.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
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,

Diogo Carrico
Engineering Officer - Construction

Enc:	Appeal Rights

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