Approved Decision Notice - MCU22/0180 & OPW22/0257

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU22/0180 & OPW22/0257
Your Reference:	22336
17 January 2023
CF Deighton & MT Deighton
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 January 2023, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0180 & OPW22/0257
Street address:	14 Orealla Cres Sunrise Beach Qld 4567
Real property description:	Lot 141 RP 132135
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
Development Permit for Operational Works – Landscaping, Stormwater, Earthworks, Clearing Vegetation and Driveway.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
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.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
35951-A100	D	Proposed – Site Plan prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A101	B	Existing Residence – Ground Floor prepared by AAA Design & Development Pty Ltd	30/06/2022
3951-A102	B	Existing Residence – Elevations prepared by AAA Design & Development Pty Ltd	30/06/2022
3951-A104	D	Proposed – Lower Floor Plan prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A105	D	Proposed – Ground Floor prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A106	D	Dimensions – Ground Floor prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A107	D	Proposed – Elevation 1 prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A108	D	Proposed – Elevations prepared by AAA Design & Development Pty Ltd	09/11/2022
3951-A109	D	Proposed – Section A-A prepared by AAA Design & Development Pty Ltd	09/11/2022
Currency Period
This development approval lapses if the use has not happened by 12 January 2029, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between a fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Community Management Statement
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.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works shown on the Approved Plans
Acacia leicalyx, Acacia flavescens and Acacia mangium substituted with Callistemon salignus, or similar capable of scaling and screening of the built form at maturity. Updated landscape plans must be provided prior to any works commencing on the site.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Trees
The existing mature native trees located road reserve identified on the AAA Design & Development Proposed site plan, drawing number 3951-A100 Rev D must be retained in accordance with an Arborist Report (or part thereof) prepared by a qualified person* and endorsed through an Operational Works approval
*(Refer to Advisory Note)
ENGINEERNG
Site Specific Conditions
A car turntable must be installed to provide vehicles of the existing residence the opportunity to exit the site in a forward gear. The turntable must be generally in accordance with AAA Design’s Proposed – Site Plan (3951-A100, Revision D) dated 9 November 2022.
Site Access and Driveways
A sealed access driveway must be provided from Ventura Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the conditions of this Decision Notice and be generally in accordance with AAA Design & Development Pty Ltd’s Proposed – Site Plan (3951-A100, Revision D) dated 9 November 2022.
Car Parking
The site must be provided with a minimum of 3 car parks. The works must be undertaken in accordance with the conditions of this Decision Notice be generally in accordance with AAA Design & Development Pty Ltd’s Proposed – Lower Floor Plan (3951-A104, Revision D) dated 9 November 2022.
Stormwater Drainage
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 the conditions of this Decision Notice and be generally in accordance with AAA Design & Development Pty Ltd’s Stormwater Design Plan (3951-17A) dated 11 November 2022 and Proposed – Roof Plan (3951-A111, Revision D) dated 9 November 2022.
Services
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.
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
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 fill and associated batters must be undertaken in accordance with the conditions of this Decision Notice, be generally in accordance with AAA Design & Development Pty Ltd’s Earthworks Plan (3951-A114) dated 24 August 2022 and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.

OPERATIONAL WORKS
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
3951 – A114	-	Earthworks Plan Prepared by AAA Design & Development	24 August 2022
3951 – 17A	A	Stormwater Design Prepared by AAA Design & Development	11 November 2022
3951 – 18	A	Driveway Long Section Prepared by AAA Design & Development	11 November 2022
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 12 January 2025, unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (e.g. Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site must be completed and submitted to council prior to the prestart meeting.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscape works;
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Engineering
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Works within Road Reserve/Reinstatement
Safe vehicle and pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Site Access and Driveways
Driveway crossovers must be constructed in accordance with council’s Standard Drawings RS-049, RS-050 and any associated addendum.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover/driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties.
Where there is an existing pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path.
The property access must be located a minimum of 1m clear of existing power poles, streetlights or other signage. The developer is responsible for any necessary relocation of existing services to provide this clearance and must contact the relevant service authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill must be provided by a RPEQ and submitted to Council prior to Council signing the Plan of Survey.
Fall protection must be provided to retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (e.g. by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection Regulation 2019) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
A final inspection and approval of the new driveway and completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the inspection.
LANDSCAPE CONDITIONS
Plans and Documents
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
3951-A100	D	Proposed Site Plan by AAA Design & Development Pty Ltd	09/11/2022
22336 CD-000	B	Cover Sheet by Project Urban	04/10/2022
22336 CD-001	A	Specifications Plan by Project Urban	29/09/2022
22336 CD-100	B	Landscape Plan by Project Urban	04/10/2022
22336 CD-200	B	Construction Details by Project Urban	04/10/2022
PRIOR TO COMMENCEMENT OF WORKS
Prior to requesting a prestart meeting:
Receipt of amended plans approval.
Receipt of arborist report
Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer to Retention of Existing Trees Conditions)
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Landscape works.
Other relevant parties.
DURING CONSTRUCTION
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. MCU22/0180 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved Arborist Report
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
MINOR VEGETATION REMOVAL
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
MAJOR VEGETATION REMOVAL
Removal of Existing Trees and Vegetation
MINOR TO MODERATE VEGETATION REMOVAL
Removal of existing trees and vegetation must be undertaken by a qualified person* and must include:
No damage to other vegetation for retention.
Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
MAJOR VEGETATION REMOVAL
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation) Development application for a material change of use on premises with substantial unexploded ordnance potential	The agency provided its response on 7 November 2022 (Reference No. 2210-31738 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
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
Building and Construction Industry (Portable Long Service Leave) Levy
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.
General Advisory Notes
As this driveway is a private structure, the owner bears full responsibly for the standard of its construction, maintenance and any liabilities associated with its construction. It is recommended that professional advice be sought for the construction of the driveway to ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-050 and any associated addendum.
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5 business days’ notice of preferred inspection time.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include International Erosion Control Association Australasia Best Practice Erosion and Sediment Control
Qualified Person, for the purpose of erosion and sediment control is a Certified Professional in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional Engineer of Queensland (RPEQ).
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination
Prestart
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
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.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a person with either:
ISA certification; or
a Diploma of Arboriculture in addition to a minimum of 3 years current experience in the field of arboriculture.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
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.
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.
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,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Referral Agency Response
List of Submitters
Infrastructure Charge Notice
Approved Plans/Documents
cc.	[email protected]
	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
				Page 1 of 18

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Queensland
Sonernment

SARA reference: 2210-91738 SRA
(Council eference:  MCU22/01€0 & OFW220257
‘Applicant reference: 22338

‘7 November 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

Tewantin Qld 4565
‘[email protected]

Attention: Lisa Pienaar

Dear Sir/Madam,
SARA response—14 Orealla Crescent, Sunrise Beach
(Referral agency response given under section 58 ofthe Planning Act 2016)

‘The development application described below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 3 November 2022.

 

 

 

Response

‘Outcome: Referral agency response — with conditions.

Date of response: T November 2022

Conations: “The conditions in Attachment 1 must be attached to any

development approval

Avice: ‘Advice to the applicants in Attachment 2.

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Material change of use for a dual
‘ccupancy and aesociated operational
works (earthworks, stormwater,
landscaping, crossover and clearing
vegetation)

‘SARA role: Refer Agency

‘SARA tigger: ‘Schedule 10, Pat 4, Division 3, Table 1, ile 1 (Planning Regulation

‘South East Queensland (Nor) regional
oe

Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr
Page 1086 POBox 1128, Maroochydore QLD 4555

 

 


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‘maroa17ae SRA

2017)

‘Development application for a material change of use on premises
with substantial unexploded ordnance potential,

‘SARA reference: 221031738 SRA
Assessment Manager: ‘Noosa Shire Counc
‘Street adsress: 14 Orealla Crescent, Sunrise Beach
Real property description: Lot 141 on RP132135,
Applicant name: ‘Carly and Mathew Deighton
Ch Project Urban

Applicant contact details: PO Box 6380

Maroochydore BC QLD 4558

info@projecturban com au
Representations

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies ofthe relevant provisions are in Attachment 4.

‘A copy of ths response has been sent tothe applicant for their information.

For further information please contact Ruth Creffild, Senior Planning Officer, on 5352 9775 or via email
‘[email protected] who will be pleased to assist.

ce Carly and Mathew Deighton o- Project Urban claire stewart @projectrban com au

lene Attachment 1 - Rafer ageney conditions
‘Astachmant 2-Advies tothe pplieant
‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representations provisions

‘State Aasessment an Refer Agnoy Page 20f6


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‘mar0a1T38 SRA

Attachment 1—Referral agency conditions
‘Under secon SEC (0) fhe Planing Act 2076 he lowing cordicne Tus De aISCREG wary GBVCORTERE
2pproval eating tts appteaton)

 

No. | Conditions Goncition
timing

 

Development permit - Material change of use
“Schedule 10, part 4, division 3, able 1, tem 1 — Contaminated land (unexploded ordnance) —The chief
‘executive administering the Planning Act 2016 nominates the Director-General ofthe Department of
‘State Development, Infrastructure, Local Government 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 tothe folowing condition:

1] Provide written confirmation to the Department of State Development, Prior tothe
Infrastructure, Local Govemment and Planning by an approved contractor on | commencement
the Australian Government, Department of Defence, Unexploded Ordnance | of works.
(UXO) Pane! that the subject site has been remediated and cleared of,

Unexploded Ordinances,

 

“The Unexploded Ordnance (UXO) Panels found online at:
haw. defence qov aulestatemanagement/support/dehp/WheToEngade ast

 

 

 

 

‘State Aasessment an Refer Agnoy Page sof

 


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2210-21738 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1

“Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) 30. Ifa word remains undefined it has
its ordinary meaning.

 

 

 

Provide the owner, occupier and any person employed to work on the subject site the folowing
information:

(@)_ Residual UXO may stil exist following remediation and all work should proceed with due
caution,

(©) The procedure to be followed by any person finding an object suspected of being
‘explosive ordnance or component thereof:
‘advise the Police immediately
do not disturb the object
‘take action, where appropriate, to prevent it being disturbed by another person
note its approximate dimensions and general appearance
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 and Science hito:/wanw.ehp aid. gov.au OR
‘+__Commonweatth Department of Defence hittoJwanw defence. cov.auluxo.

 

 

‘State Aasessment an Refer Agnoy Page dof6


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‘mar0a1T38 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

‘The reasons for SARAs decision are:

‘+ The proposal i fora development permit for material change of use and associated operational
“works for a dual occupancy.
“The subject site is located in an area with substantial unexploded ordnance potential.
‘SARA assessed the development application against State code 13: Unexploded ordnance of the
‘SDAP, version 3.0 and determined that with conditions, the development achieves compliance with
the performance outcomes of the State code.

‘Material used in the assessment of the application:

“The development application material and submitted plans

Planning Act 2016

Panning Regulation 2017

“The State Development Assessment Provisions (version 3.0), as published by SARA
“The Development Assessment Rules

‘SARA DA Mapping system

‘State Aasessment an Refer Agnoy Page Sof


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ee) NOOSA COUNCIL