Decision Notice 51901.3589.04

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	51901.3589.04  : JELDER
Your Reference:	n/a
24 October 2018
Lisang Design
PO Box 2051
NOOSA HEADS  QLD  4567
[email protected]
Dear Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 September 2018, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	51901.3589.04
Street address:	River Gums 1-3 Russell St Noosaville Qld 4566
Real property description:	BUP 4699
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
The following type of approval was issued on 23 April 1980.
TPC 1114 – Multiple Dwelling of 5 Units.
In relation to the request to make a minor change to the existing approval, Council on 23 October 2018, decided to approve the requested changes. The changes are detailed below.
Approve the change.
Amend Condition 1.
currency period of approval
The currency period for this development approval is stated in Condition 11 of the Assessment Manager Conditions. – see TPC 1114, attached.
assessment manager conditions
Changes to Conditions - 22 November 2009
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 and may be amended by these conditions.
Plan No,	Rev.	Plan / Document Name	Date
Sheet 2 of 8	F	Site Works – Key Plan prepared by IntExt Design	20/08/2009
Sheet 3 of 8	F	Level 1 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 4 of 8	F	Level 2 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 5 of 8	F	Level 3 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 7 of 8	F	Level 2 – Floor Plan & Fit-out prepared by IntExt Design	20/08/2009
Sheet 7 of 8	F	Elevations prepared by IntExt Design	20/08/2009
Sheet 8 of 8	F	Sections prepared by IntExt Design	20/08/2009
Changes to Conditions – 1 December 2017
A103		Proposed Works to Unit 4, prepared by Lisang Design	26/9/17
Changes to Conditions – 23 October 2018
A103		Unit 5 D.A	27/7/18
		Western Elev (Unit 5)	
The existing trees between the building and the site’s river frontage are to be retained. Measures are to be undertaken to ensure that the root zones and predominant part of the tree canopies are not adversely affected by the construction.
referral agencies
Not Applicable.
advisory notes
Not Applicable.
property notes
Not Applicable.
variation approval details
Not Applicable.
further development permits required
Development Permit for Building Works (Private Certification)
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
Approved Plans/Documents
TPC 1114
cc.	Unitywater

DECISION NOTICE HISTORY
Original Decision Notice – 23 April 2009.
Decision Notice - Minor 51901.3589.02– 22 November 2009, with an amendment to conditions 1 & 2.
Decision Notice - Minor 51901.3589.03 – 1 December 2017, with an amendment to conditions 1
Decision Notice - Minor 51901.3589.04 – 23 October 2018, with an amendment to conditions 1

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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