Decision Notice OPW14-0156 23 Bottlebrush Ave Noosa Heads · OPW14/0156

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                                                                            OPW14/0156




2.     Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas,
       possums, birds etc.). If wildlife is present, the tree must not be felled or pruned
       until the wildlife has left the tree.

3.     Vegetation clearing must be undertaken in an environmentally sensitive manner
       to avoid damaging surrounding vegetation and habitat. Burning off is not an
       approved method of disposal. Cleared vegetation must be processed by one of
       the following methods:
       a)   Processing through a wood-chipper, used as mulch or milled.
       b)   Domestic use as fuel for cooking or heating.
       c)   Used for landscaping purposes.
       d)   Disposed of in a Council approved tip.

5.     REFERRAL AGENCIES

Not Applicable.

6.     APPROVED PLANS

Not Applicable.

7.     ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:

1.     All works should be performed by a qualified arborist, or, by a registered
       contractor under the direction of a qualified arborist. The customer should check
       the contractor’s public indemnity insurance prior to works commencing and
       ensure they are satisfied that sufficient insurance is in place.

2.     Reproductive components of environmental weed species cleared from the site
       must not be reused in landscaping. The material is to be removed from the site
       and disposed of in a Council approved refuse tip.

3.     Burning off or pit burning is not an approved method of disposal.

4.     Replanting should contain local native species from the area.

8.     PROPERTY NOTES

Not Applicable

9.     PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable




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10.    FURTHER DEVELOPMENT PERMITS REQUIRED

As required by higher order or associated approvals.

11.    SELF ASSESSABLE CODES

Not Applicable

12.    SUBMISSIONS

Not Applicable

13.    REASONS/GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable

14.    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again
from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8
“Dealing with decision notices and approvals” - Division 1 “Changing decision notices
and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)

15.    OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully




Michael Cantori
Development Compliance Officer – Planning & Development



Enc:   Appeal Rights




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                                               Appeal Rights
                                               SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                               REGULATION 2009



The following is an extract from the Sustainable Planning     (4)   The appeal must be started within 20 business days
Act 2009 (Chapter 7).                                               (the submitter’s appeal period) after the decision
                                                                    notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter.
LOT & OPERATIONAL WORKS
                                                              463 Additional and extended appeal rights for
Division 8         Appeals to       court relating to             submitters         for     particular    development
                   development       applications and             applications
                   approvals                                  (1) This section applies to a development application to
                                                                  which chapter 9, part 7 applies.
461    Appeals by applicants                                  (2) A submitter of a properly made submission for the
(1)    An applicant for a development application may             application may appeal to the court about a referral
       appeal to the court against any of the following—          agency’s response made by a prescribed
       (a) the refusal, or the refusal in part, of the            concurrence agency for the application.
            development application;                          (3) However, the submitter may only appeal against a
       (b) any condition of a development approval,               referral agency’s response to the extent it relates
            another matter stated in a development                to—
            approval and the identification or inclusion of       (a) if the prescribed concurrence agency is the
            a code under section 242;                                   chief executive (environment)—development for
       (c) the decision to give a preliminary approval                  an aquacultural ERA; or
            when a development permit was applied for;            (b) if the prescribed concurrence agency is the
       (d) the length of a period mentioned in section                  chief executive (fisheries)—development that
            341;                                                        is—
       (e) a deemed refusal of the development                          (i) a material change of use of premises for
            application.                                                      aquaculture; or
(2)    An appeal under subsection (1)(a), (b), (c) or (d)               (ii) operational work that is the removal,
       must be started within 20 business days (the                           damage or destruction of a marine plant.
       applicant’s appeal period) after—                      (4) Despite section 462(1), the submitter may appeal
       (a) if a decision notice or negotiated decision            against the following matters for the application even
            notice is given—the day the decision notice           if the matters relate to code assessment—
            or negotiated decision notice is given to the         (a) a decision about a matter mentioned in section
            applicant; or                                               462(2) if it is a decision of the chief executive
       (b) otherwise—the day a decision notice was                      (fisheries);
            required to be given to the applicant.                (b) a referral agency’s response mentioned in
(3)    An appeal under subsection (1)(e) may be started                 subsection (2).
       at any time after the last day a decision on the
       matter should have been made.                          464 Appeals by advice agency submitters
                                                              (1) Subsection (2) applies if an advice agency, in its
462    Appeals by submitters—general                              response for an application, told the assessment
(1)    A submitter for a development application may              manager to treat the response as a properly made
       appeal to the court only against—                          submission.
        (a) the part of the approval relating to the          (2) The advice agency may, within the limits of its
            assessment manager’s decision about any               jurisdiction, appeal to the court about—
            part of the application requiring impact              (a) any part of the approval relating to the
            assessment under section 314; or                            assessment manager’s decision about any part
        (b) the part of the approval relating to the                    of the application requiring impact assessment
            assessment manager’s decision under                         under section 314; or
            section 327.                                          (b) any part of the approval relating to the
(2)     To the extent an appeal may be made under                       assessment manager’s decision under section
        subsection (1), the appeal may be against 1 or                  327.
        more of the following—                                (3) The appeal must be started within 20 business days
       (a) the giving of a development approval;                  after the day the decision notice or negotiated
       (b) any provision of the approval including—               decision notice is given to the advice agency as a
            (i) a condition of, or lack of condition for,         submitter.
                  the approval; or                            (4) However, if the advice agency has given the
            (ii) the length of a period mentioned in              assessment manager a notice under section
                  section 341 for the approval.                   339(1)(b)(ii), the advice agency may not appeal the
(3)    However, a submitter may not appeal if the                 decision.
       submitter—
       (a) withdraws the submission before the                465 Appeals about decisions relating to extensions
            application is decided; or                            for approvals
       (b) has given the assessment manager a notice          (1) For a development approval given for a development
            under section 339(1)(b)(ii).                          application, a person to whom a notice is given under




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      section 389, other than a notice for a decision under
      section 386(2), may appeal to the court against the
      decision in the notice.
(2)   The appeal must be started within 20 business days
      after the day the notice of the decision is given to the
      person.
(3)   Also, a person who has made a request under
      section 383 may appeal to the court against a
      deemed refusal of the request.
(4)   An appeal under subsection (3) may be started at
      any time after the last day the decision on the matter
      should have been made.

466 Appeals about decisions relating to permissible
    changes
(1) For a development approval given for a development
    application, the following persons may appeal to the
    court against a decision on a request to make a
    permissible change to the approval—
    (a) if the responsible entity for making the change is
         the assessment manager for the application—
         (i) the person who made the request; or
         (ii) an entity that gave a notice under section
               373 or a pre-request response notice
               about the request;
    (b) if the responsible entity for making the change is
         a concurrence agency for the application—the
         person who made the request.
(2) The appeal must be started within 20 business days
    after the day the person is given notice of the
    decision on the request under section 376.
(3) Also, a person who has made a request under
    section 369 may appeal to the court against a
    deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
    any time after the last day the decision on the matter
    should have been made.

467 Appeals about changing or cancelling conditions
    imposed by assessment manager or concurrence
    agency
(1) A person to whom a notice under section 378(9)(b)
    giving a decision to change or cancel a condition of a
    development approval has been given may appeal to
    the court against the decision in the notice.
(2) The appeal must be started within 20 business days
    after the day the notice of the decision is given to the
    person.




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