Development Tribunals Final Decision - Appeal no. 23-052 for 6 & 8 Coral Sea Court, Sunshine Beach - Signed · RAP23/0003

            further information requests and appellant’s architect’s and planner’s responses to
            Council grounds for refusal forming part of this Notice of Appeal)
      b.    The amended plans and further information received from the appellants by the
            Tribunal Registry on 19 January 2024.
      c.    Council’s response to the amended plans and further information received from the
            appellants received by the Tribunal Registry on 23 February 2024.
      d.    Planning Act 2016
      e.    Building Act 1975
      f.    Noosa Plan 2020
      g.    The verbal submissions made by the parties at the hearing and during the site
            inspection as referred to in the body of the decision.

Jurisdiction

15.   Section 229(1) of the PA provides that schedule 1 (‘the schedule’) of the PA states the
      matters that may be appealed to a tribunal. Section 1(1)(b) of the schedule provides that
      the matters stated in table 1 of the schedule (‘table 1’) are the matters that may be
      appealed to a tribunal. However, section 1(2) of the schedule provides that table 1 only
      applies to a tribunal if the matter involves one of the matters set out in section 1(2).

16.   Section 1(2)(g) provides that table 1 applies to a tribunal if the matter involves a matter
      under the PA, to the extent the matter relates to the Building Act 1975 (BA), other than a
      matter under that Act that may or must be decided by the Queensland Building and
      Construction Commission.

17.   A refusal of a preliminary approval is a decision with appeal rights to the tribunal, under
      Section 1(2)(g). These appeal rights can be restricted to certain assessment benchmarks
      (section 49) that are local planning provisions (BA section 31).

18.   Table 1 item 1(a) thus applies to the tribunal in this appeal. Accordingly, the tribunal is
      satisfied that it has jurisdiction to hear and decide this appeal, with respect to the design
      and siting of the proposed development.

Decision framework

19.   Generally, the onus rests on an appellant to establish that an appeal should be upheld
      (section 253(2) of the PA).

20.   The tribunal is required to hear and decide an appeal by way of a reconsideration of the
      evidence that was before the person who made the decision appealed against
      (section 253(4) of PA); however, the tribunal may nevertheless (but need not) consider
      other evidence presented by a party with leave of the tribunal, or any information provided
      under section 246 of PA.

21.   The tribunal is required to decide an appeal in one of the ways mentioned in
      section 254(2) of the PA, and the tribunal’s decision takes the place of the decision
      appealed against (section 254(4)).

22.   The tribunal must not make a change, other than a minor change, to a development
      application (section 254(3)).

Findings of fact

23.   The Tribunal finds the amended plans (submitted to Tribunal on 19 January 2024) to be a
      ‘minor change’ (under section 254(3) of the PA) to the original proposal plans (Reference:




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