Decision Notice - 010.2007.00001703.001 [As Published] · 132007.1703

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                  2 of 5

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Nil

11.    REASONS FOR REFUSAL

1.     The proposed development compromises the achievement of the Desired Environmental Outcomes for
       the Noosa Heads Locality and conflicts with The Noosa Plan and there are insufficient grounds to justify
       approval despite the conflict.

2.     The proposed development does not meet Specific Outcome O27 of the Noosa Heads Locality Code as
       the proposed use of Multiple Housing Type 4 – Conventional is an inconsistent use in the Detached
       Housing Zone.

3.     A considerable number of submissions were received from the community citing valid grounds of
       objection to the proposal.

4.     The proposal does not meet the Desired Environmental Outcomes for residential uses in that the
       proposed number of dwelling units for the site exceeds the planned capacity for roads, community
       services and infrastructure for the Noosa Heads locality, which is based on the allowable densities within
       zones.

5.     The proposed development does not meet the Overall Outcomes in Section 9.8 of the Noosa Heads
       Locality Code as it is not considered to maintain the level of residential amenity expected in the Detached
       Housing Zone.

6.     The proposal does not meet Specific Outcome O6 of the Noosa Heads Locality Code given that the
       development will result in a density exceeding that intended for Detached Housing Zone.

7.     The proposal is inconsistent with Specific Outcome O28 of the Noosa Heads Locality Code as the
       proposal for three (3) dwelling units on a single lot in the Detached Housing Zone is not complementary or
       respectful to, and is out of character with surrounding development in the Detached Housing Zone.

8.     The proposed development does not comply with Specific Outcome O9 of the Driveways and Carparking
       Code, as a shortfall of carparking is proposed, which will adversely impact on surrounding residents’
       amenity and further exacerbate existing parking problems in the street.

12.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

13.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:       14/12/07




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NOOSA COUNCIL IDAS Development Application Decision Notice                                             3 of 5



                                    List of Submitters
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



David Ludlow                     PO Box 964                     Noosa Heads QLD 4567
Ruth Banney                      1 Allambi Rise                 Noosa Heads QLD 4567
David Banney                     1 Allamb Rise                  Noosa Heads QLD 4567
FA Walker                        16 Little Cove Road            Noosa Heads QLD 4567
Brian Hannon                     14 Allambie Rise               Noosa Heads QLD 4567
Stephen Biggs                    875 Ann Street                 Fortitude Valley QLD 4006
N Walker                         16 Little Cove Road            Noosa Heads QLD 4567
Alan Williams                    PO Box 819                     Noosa Heads QLD 4657
Sykes Pearson Miller             PO Box 2000                    Noosa Heads QLD 4567
JS & D Hemingway                 3 Allambie Rise                Noosa Heads QLD 4567
Paul Brand                       62/2 Collins Street            Melbourne 3000
Sandra Bates                     1 Little Cove Road             Noosa Heads QLD 4567
Daryl Bates                      1 Little Cove Road             Noosa Heads QLD 4567
TS & D Meakin                    PO Box 868                     Noosa Heads QLD 4567
Ruth & Gordon English            12 Allambi Rise                Noosa Heads QLD 4567
Peter Dowling                    13 Allambi Rise                Noosa Heads QLD 4567
Patrick Canfield                 2/82 Upper Hastings Street     Noosa Heads QLD 4567




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NOOSA COUNCIL IDAS Development Application Decision Notice                                                           4 of 5



                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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NOOSA COUNCIL IDAS Development Application Decision Notice                                             5 of 5

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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