Council archive · source document
Decision Notice - Approved by Delegation of Authority - MCU26 0010 (As Published) · MCU26/0010
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0010
Your Reference: 20240923
10 July 2026
Avalon Projects
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 July 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0010
Street address: 12 Captains Ct, Sunrise Beach Qld 4567
Real property description: Lot 25 RP 903822
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling house (building height, site
cover, rooftop terrace)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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.
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: 24935998
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v6 NOOSA
@®& Council
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0010
Your Reference: 20240923
10 July 2026
Avalon Projects
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
| refer to your application and advise that on 8 July 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0010
Street address: 12 Captains Ct, Sunrise Beach Qld 4567
Real property description: Lot 25 RP 903822
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
e Development Permit for a Material Change of Use - Dwelling house (building height, site
cover, rooftop terrace)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 12 July 2032, 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 table below.
The following plans require amendment:
Plan No/ Job No Rev. Plan/Document Name Date
20.148 J Site Plan prepared by Avalon Projects 22.05.2026
20.148 J Basement Floor Plan prepared by Avalon 22.05.2026
Projects
20.148 J Ground Floor Plan prepared by Avalon Projects 22.05.2026
20.148 J First Floor Plan prepared by Avalon Projects 22.05.2026
20.148 J Roof Plan prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 1 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 2 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 3 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 4 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 1 Street View prepared by Avalon 22.05.2026
Projects
Annotated by Council
20.148 J Section A prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Section A3 prepared by Avalon Projects 22.05.2026
20.148 J Section B prepared by Avalon Projects 22.05.2026
20.148 J Section B3 prepared by Avalon Projects 22.05.2026
Annotated by Council
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Currency Period
2. This development approval lapses if the use has not happened by 12 July 2032, 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 table below.
The following plans require amendment:
Plan No/ Job No Rev. Plan/Document Name Date
20.148 J Site Plan prepared by Avalon Projects 22.05.2026
20.148 J Basement Floor Plan prepared by Avalon 22.05.2026
Projects
20.148 J Ground Floor Plan prepared by Avalon Projects 22.05.2026
20.148 J First Floor Plan prepared by Avalon Projects 22.05.2026
20.148 J Roof Plan prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 1 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 2 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 3 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 4 prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Elevation 1 Street View prepared by Avalon 22.05.2026
Projects
Annotated by Council
20.148 J Section A prepared by Avalon Projects 22.05.2026
Annotated by Council
20.148 J Section A3 prepared by Avalon Projects 22.05.2026
20.148 J Section B prepared by Avalon Projects 22.05.2026
20.148 J Section B3 prepared by Avalon Projects 22.05.2026
Annotated by Council
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Rooftop Terrace
4. The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
overlooking opportunities.
Site Access and Driveways
5. A sealed access driveway must be provided from Captains Court 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. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050.
Stormwater Drainage
6. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
7. 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.
8. 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.
9. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
10. 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 form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
11. 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.
12. 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.
Damage to Services and Assets
13. 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.
5. REFERENCE DOCUMENTS
Not applicable.
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10.
11.
12.
13.
5.
Rooftop Terrace
The northern elevation of the rooftop terrace is to be screened by opaque glazing to a
minimum height of 1.7 metres above finished floor level, for the purposes of eliminating
overlooking opportunities.
Site Access and Driveways
A sealed access driveway must be provided from Captains Court 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. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
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 form the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with the provisions of Australian Standard AS3798:
Guidelines on Earthworks for Commercial and Residential Developments.
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.
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.
Damage to Services and Assets
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.
REFERENCE DOCUMENTS
Not applicable.
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Page 4
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Concurrence SARA at DILGP SARA at Referral Trigger Response
DILGP Via MyDAS2 at
https://prod2.dev-
assess.qld.gov.au/suite/
(for assistance, contact
DILGP at 5352 9701 or
email:SEQNorthSARA@di
lgp.qld.gov.au
Referral Agency State Assessment Referral Schedule 10, Part 4, The agency provided
Agency Division 3, Table 1, its response on 9
Item 1 (Planning March 2026
Regulation 2017) (Reference No.
ref:24590836). A copy
of the response is
attached
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
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6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Concurrence
Referral Agency
SARA at DILGP SARA at
DILGP Via MyDAS2 at
https://prod2.dev-
assess.qlid.gov.au/suite/
(for assistance, contact
DILGP at 5352 9701 or
email: SEQNorthSARA@di
Igp.qld.gov.au
State Assessment Referral
Agency
7. ADVISORY NOTES
Referral Trigger
Schedule 10, Part 4,
Division 3, Table 1,
Item 1 (Planning
Regulation 2017)
Response
The agency provided
its response on 9
March 2026
(Reference No.
ref:24590836). A copy
of the response is
attached
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Document Set ID: 24935998
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. _ the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
Cc. the Disability (Access to Premises — Buildings) Standards.
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Infrastructure Charges
3. 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-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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.
Preparation of a Preliminary Construction Management Plan
5. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Vehicle crossover
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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Infrastructure Charges
3. 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:/Awww.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
Building and Construction Industry (Portable Long Service Leave) Levy
4. | 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.
Preparation of a Preliminary Construction Management Plan
5. — Apreliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. | Adequate parking arrangements for works and deliveries;
Cc. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works _ Vehicle crossover
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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Page 6
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgia Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
Document Set ID: 24935998 Page 6 of 12
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Page 7
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Page 7 of 12
Document Set ID: 24935998
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&.96 NOOSA Referral Agency Response
a . . PLANNING ACT 2016 & PLANNING REGULATION 2017
Council
men DELIVERING Queensland
FOR QUEENSLAND Government
Department of
State Development,
Infrastructure and Planning
SARA reference: 2603-51054 SRA
Council reference: MCU26/0010
Applicant reference: 20240923
9 March 2026
Chief Executive Officer
Noosa Shire Council
[email protected]
Dear Sir/Madam
SARA referral agency response — Material change of use —
Dwelling House at 12 Captains Court, Sunrise Beach
(Referral agency response given under Chapter 3, Part 3, Division 1, Section 56 of the Planning Act 2016)
The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 6 March 2026.
Response
Outcome: Referral agency response — with conditions
Date of response: 9 March 2026
Conditions: The conditions in Attachment 1 must be attached to any
development approval
Advice: Advice to the applicant is in Attachment 2
Reasons: The reasons for the referral agency response are in Attachment 3
Development details
Description: Development Permit Material change of use — Dwelling House
‘South East Queensiand (North) regional
office
Level 4, Foundation Place 3 South Sea
Islander Way, Maroochydore
Page 1 of 5 PO Bax te Maroochydore OLD 4558
Page 7 of 12
Document Set ID: 24935998 9
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Page 8
SARA role: SARA trigger: SARA reference: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2803-51054 SRA Referral agency Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation 2017) Premises contaminated because of unexploded ordinance 2603-51054 SRA Noosa Shire Council 12 Captains Court, Sunrise Beach Lot 25 on RP903822 Avalon Projects Ci- Adapt Development Management Pty Ltd [email protected] A consideration of the 23 fundamental human rights protected under the Humans Right Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Document Set ID: 24935998 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 (chapter 1, part 7, section 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 Helen Reilly, Planning Officer, on (07) 4032 3739 or via email [email protected] who will be pleased to assist. Yours sincerely / salut Jamaica Hewston Manager ce Avalon Projects C/- Adapt Development Management Pty Ltd, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for early referral agency response Attachment 4 - Representations abaut a referral agency response provisions ‘State Assessment and Referral Agency Page 20f 5 Page 8 of 12 Version: 5, Version Date: 10/07/2026
Page 9
2603-51054 SRA Attachment 1—Referral agency conditions (Under Chapter 3, Part 5, Division 1, Secon 56(1)(b)) Of the Planning Act 2076 the following condiions must be aitached to any development approval relating to this application) No. | Conditions Condition timing Material change of use 10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of State Development, Infrastructure and Planning 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: 1. Provide certification to the Department of State | Prior to the commencement of Development, Infrastructure and Planning at [email protected] by an approved contractor on the Australian Government, Department of Defence, Unexploded Ordnance (UXO) Panel that the; (a) subject site has been remediated and cleared of unexploded ordnances; or (b) proposed use can be suitably managed on the site. ‘State Assessment and Referral Agency Page 3 of 5 Document Set ID: 24935998 Page 9 of 12 Version: 5, Version Date: 10/07/2026
Page 10
Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026
2603-51054 SRA
Attachment 2—Advice to the applicant
General advice
Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.5). If a word remains
undefined it has its ordinary meaning.
Provide the owner, occupier and any person employed to work on the subject site the following
information:
{a) Residual UXO may still exist following remediation and all work should proceed with due
caution.
(b) The procedure to be followed by any person finding an object suspected of being
explosive ordnance or component thereof:
i advise the police immediately
i. do not disturb the object
ii. take action, where appropriate, to prevent it being disturbed by
(c) Another person:
i note its approximate dimensions and general appearance
i. note the route to its location.
Applicants wanting to find out more details of area management advice (AMA), current UXO
investigations and remedial search contractors, may use the following websites:
« Department of Environment, Tourism, Science and Innovation
https /iwww_.des.ald.gov.au/
* Commonwealth Department of Defence - htto:/iwww.defence.gov.au/uxo/
‘State Assessment and Referral Agency Page 4.of 5
Page 10 of 12
Page 11
Document Set ID: 24935998 Version: 5, Version Date: 10/07/2026 2603-51054 SRA Attachment 3—Reasons for referral agency response (Given under chapter 3, part 3, division 1, section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: «the application is for a Development Permit for Material change of use for a Dwelling House at 12 Captains Court, Sunrise Beach formally described as Lot 25 on RP903822 « the proposed development required referral for works located in an area with substantial unexploded ordnance potential « SARA assessed the development application against State code 13: Unexploded ordnance (State code 13) of the State Development Assessment Provisions (SDAP). version 3.5 « SARA determined that the application complied with the relevant State code 13, with conditions to ensure the development: © does not place another part of the environment, or human health, at risk as a consequence of development. Material used in the assessment of the application: « the development application material and submitted plans * Planning Act 2016 « Planning Regulation 2017 « the SDAP (version 3.5), as published by SARA « the Development Assessment Rules « SARA DA Mapping system « section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally bearix) State Assessment and Referral Agency Page Sof 5 Page 11 of 12
Page 12
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
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
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
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(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
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
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
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
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
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
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
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
Page 12 of 12
Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026
[OCR of page images]
PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
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
aLGIP; 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.
Document Set ID: 24935998
Version: 5, Version Date: 10/07/2026
(3)
(4)
(5)
(6)
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.
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.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(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) adeemed 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)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
Page 12 of 12
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