Somerset · 2020. 12. 23. · Somerset REGIONAL COUNCIL Officer: Mark Westaway, Senior Planner...

SomersetREGIONAL COUNCIL

Officer: Mark Westaway, Senior PlannerPhone: (07)5424 4000Application reference: DA19577Applicant reference: 8805K

21 October 2020

RHS Super Co Pty LtdC/- ONF SurveyorsPO Box 896KINGAROY QLD 4610

Email: [email protected]

Dear Sir / Madam,

Decision Notice - Approval (with Conditions)Given undersection 63(2)of the Planning Act2016

RE: Development application for a Material Change of Use for an Office and Shop /Food and Drink Outlet, received on 17 July 2020, situated at 2 William Street, Kilcoyon land described as Lot 4 on SP265849.

I wish to advise that, on Wednesday 14 October 2020, the above developmentapplication was approved in full with conditions. The conditions of this approval areset out in Attachment1.

1. Details of the approval

The application is not taken to have been approved (adeemed approval)undersection64(5)of the PlanningAct 2016.

The followingapprovalsare given:

Development Permit Material Change of Use for an Office and Shop / Food

and Drink Outlet

2. Further development permitsThe following development permits are required to be obtained before thedevelopmentcan be carried out:

? Building Permit? Plumbing Permit

3. Referral agenciesThe referral agencies for this applicationare:

ABN 50 138 958 249CouncilChambers - 2 Redbank Street, Esk QLD 4312

Addressall correspondenceto - ChiefExecutive Officer,SomersetRegional Council,PO Box 117, Esk QLD4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au

For an application involving Name of referral Advice Addressagency agencyor

concurrenceagency

Schedule 10, Part 9, Division Departmentof State Concurrence SEQ West (Ipswich)4, Subdivision2, Table 4, item Development, Agency PO Box 1291 of the Planning Regulation Manufacturing, IPSWICH QLD 43052017 for Development Infrastructure and Email:applicationfor a Material Planning (DSDMIP) IpswichSARA@dsdmipChange of Use within 25m of a

.ald.aov.auState-controlledroad

4. Approved plans and/or documentsThe approved plans and/or documentsfor this development approval are listed in thefollowing table:

Plan/Documentnumber Plan/Document name Date

Drawing No. DD1.01, Site Plan - prepared by Steve Drake 24 August2020Issue 5 Architect

Drawing No. DD2.01, Level 1 Plan - prepared by Steve Drake 24 August2020Issue 5 Architect

Drawing No. DD3.01, Elevations 1- prepared by Steve Drake 24 August2020

Issue 5 Architect

Drawing No. DD3.02, Elevations 2 - prepared by Steve Drake 24 August2020Issue 5 Architect

Reference No. 2008- SARA Concurrence Agency Response 23 September202018221 SRA

5. Lapsing of approval at end of currency period (sB5 Planning Act2016)A part of a developmentapproval lapses at the end of the following period (thecurrencyperiod)-

(a) For any part of the developmentapproval relating to a Material Change of Use

-if the first change of use does not happen within-a. The period stated for that part of the approval; or

b. If no period is stated -6 years after the approval starts to have effect.

(b) For any part of the developmentapproval relating to Reconfiguring a Lot -if a

plan for the reconfiguration that, under the Land Title Act, is required to be givento a local governmentfor approval is not given to the local governmentwithin

a. The period stated for that part of the approval; orb. If no period is stated - 4 years after the approval starts to have effect.

(c) For any part of the developmentapproval relating to any other development(i.e. Operational Work)-

if the developmentdoes not substantiallystart within

a. The period stated for that part of the approval; orb. If no period is stated- 2 years after the approval starts to take effect.

(d) If part of a developmentapproval lapses, any monetary securitygiven for thatpart of the approval must be released.

6. Extension applications(1) A person may make an application (an extension application) to the

assessment manager to extend a currency period of a developmentapprovalbefore the approval lapses.

(2) The extension application must be-a. Made -i. If the assessmentmanager has a form for the application - in

the form; orli. By notice; and

b. Accompaniedby -i. The required fee; andli. To the extent the application relates to premises, other than

excluded premises, for which the applicant is not the owner -the written consent of the owner of the premises to theapplication.

7. Lapsing of approval for failing to complete development (sB8 Planning Act2016)

(1) A development approval, other than a variation approval, for developmentlapses to the extent the development is not completed within any period orperiods required under a developmentcondition.

(2) A variation approva/for developmentlapses to the extent the development is

not completed within -a. If a developmentcondition required the development to be completedwithin a stated period or periods - the stated period or periods; or

b. If paragraph (a) does not apply - the period or periods the applicantnominated in the development application; or

c. Otherwise- 5 years after the approval starts to have effect.(3) However, despite the lapsing of the development approval, any security paid

under a condition stated in section 65(2(e) of the PlanningAct 2016 may beused as stated in the approval or agreement under section 67 (to finish thedevelopment, for example).

8. Dispute Resolution- Appeal Rights- Chapter6 Part 1 Planning Act2016The rights of an applicant to appeal to a tribunal or the Planning and EnvironmentCourtagainst a decision about a developmentapplication are set out in chapter 6, part 1 ofthe PlanningAct 2016. For certain applications, there may also be a right to make anapplication for a declaration by a tribunal (see chapter 6, part 2 of the PlanningAct2016).

Appeal by an applicant

An applicant for a development application may appeal to the Planning andEnvironment Court against the following:? the refusal of all or part of the developmentapplication? a provision of the development approval? the decision to give a preliminary approval when a development permit was

applied for? a deemed refusal of the developmentapplication.

An applicant may also have a right to appeal to the Development tribunal. For moreinforrnation,see schedule 1 of the PlanningAct 2016.

Attachment 2 is an extract from the PlanningAct 2076 that sets out the applicant'sappeal rights and the appeal rights of a submitter.

To stay informed about any appeal proceedingswhich may relate to this decisionvisit:https://plannina.dsdmip.qld.qov.au/planninq/our-plannina-system/dispute-resolution/pe-court-database.

Should you wish to discuss the contents of this decision notice, please contactCouncil's Senior Planner, Mark Westaway on (07) 5424 4000.

Yours sincerely,

Andrew JohnsonChief Executive Officer

enc Attachment1--.Assessmentmanagerand concurrence agency conditionsAppeal provisionsApproved plans and specifications

CC: Department of State Development, Manufacturing, Infrastructure and Planning(DSDMIP)SEQ West (Ipswich)PO Box 129IPSWICH QLD 4305Email: [email protected]

Attachment 1- Conditionsof Approval

SCHEDULE1- GENERAL CONDITIONS

Assessment ManagerNo Condition Timing1.1 Carry out the development generally in accordance with the At all times

material contained in the development application,supporting documentation and the plan(s) listed below,except where amended by these conditions of approval.Site plan, prepared by Steve Drake Architect, Drawing No.DD1.01, issue 5, dated 24 August 2020.Level 1 plan, prepared by Steve DrakeArchitect, Drawing No.DD2.01, Issue 5, dated 24 August 2020.Elevations 1, prepared by Steve Drake Architect, DrawingNo. DD3.01, Issue 5, dated 24 August 2020.Elevations 2, prepared by Steve Drake Architect, DrawingNo. DD3.02, Issue 5, dated 24 August 2020.Concurrence Agency response dated 23 September 2020and referencedas 2008-18221 SRA.

1.2 Comply with the relevant provisions of the Somerset Region At all timesPlanning Scheme, Planning Scheme Policies and LocalLaws.

1.3 A legible copy of this developmentapproval package is to be At all times during theavailable on the premises at all times during construction. construction phase

1.4 Pay to Council any outstanding rates or charges or expenses Before the changethat are a charge over the subject land levied by Council; happensand/or levied but not fully paid over the subject land.

1.5 The Material Change of Use of this site is for the purpose of At all timesan Office and Shop / Food and Drink Outlet and may includeany ancillary activities, where these activities remainincidental to and necessarily associated with the approvedcommercial activities of all times.

1.6 If applicable, Building permit and Plumbing and Drainage Before thepermit must be gained. commencement of

use

Generalservices1.7 Connect the development to a reticulated water supply, Before the

sewer infrastructure, underground electricity supply and commencementoftelecommunicationutilities in accordancewith the acceptable usestandardsof the relevant regulatory authority.

1.8 The applicantmust provide written evidence (e.g.Connection Before thecertificates) from each particular service provider stating the commencementof

development has been connected to applicable services, is useavailable at a standard connection, or has a current supplyagreement.

1.9 Electricity/telecommunication/watersupply / sewer drawings Before themust be coordinated with the civil engineeringdesign details, commencementofto ensure that service clashesare avoided. use

Building designs1.10 External details of the buildings, facade treatment and At all times

external materials, colours and finishes must be consistentwith the approved drawings and documents. Any designchanges to the approved drawings and document mustreceive Council'swritten approval.

Note: The requirement to use particular materials andfinishes is imposedonly for the purpose of achievinga builtform outcome that displays architectural merit. Council hasnot assessedthe materials and finishes for compliancewiththe Building Act, the Building Fire Safety Regulation, theBuilding Regulation, the Building Code of Australia, theQueensland Development Code, relevant AustralianStandards, fire safety standards or any other relevantrequirementof a statutoryauthority with regard to buildingwork.

Access for people with disabilities1.11 Access must be provided for people with disabilities in At all times

accordance with Australian Standard AS1428:1 Design forAccess and Mobilityby means of an unimpeded continuouspath of travel from any adjacent roadway, adjoining publicopen space and from any disabled access car parking bay,to all parts of the development that are normallyopen to thepublic.

Visual amenity1.12 Any graffiti on buildings, structures or fences on the subject At all times

land visible from public viewing locations must be removedwithin 24 hours or upon direction by Council.

1.13 All buildings, structures and fences as well as the subject land At all timesmust be maintained in a clean and tidy mannerat all times.

1.14 All fixed mechanical plant must be contained within the At all timesbuilding or visually screened to all street frontages, publicviewing locations and adjoining premises.

1.15 Open storage areas, loading areas, bin storage areas and At all timesother unsightly areas must be screened from view from allstreet frontagesand public places.

Safety, securityand publicly accessible facilities1.16 The developmentand hard landscaping must not compriseof At all times

highly reflective materials that create slippery or otherwisehazardous conditions.

1.17 Toilet entrances must be located readily visible from public At all timesareas of the subject land.

Acousticamenity1.18 Noise from activityassociatedwith the use of the subject land At all times

must not exceed the Acoustic Quality Objectives listed in theEnvironment Protection (Noise)Policy2008when measuredat any sensitive receptor.

1.19 All refrigeration equipment, pumps, regulated devices, and At all timesair conditioning equipment as defined by the EnvironmentalProtection Act 1994 must be designed, installed, operatedand maintained to comply with the noise standards asspecified within the Environmental ProtectionAct 1994.

1.20 All plants and equipment (rooftop chillers, plant decks etc.) At all timeslocated on rooftops must be appropriately screened byacoustic screens.

Advertising device1.21 All signage and advertising devices are to comply with the At all times

relevant Subordinate Local Law (Installation of AdvertisingDevices) and any subsequent Local Laws.

Security Lighting1.22 Install and maintain a suitable system of security lighting to Prior to

operate from dusk to dawn within all areas where the public commencementofmay gain access, including car parking areas, building use and then to beentrances and vegetated areas. maintained

Ensure that all external lighting is in accordance withAustralian Standard - AS4282 - Control of the ObtrusiveEffects of Outdoor Lighting so as not to cause nuisance tonearby residents or passing motorists.

Ensure lighting over publicly accessible covered bypermanent awnings is in accordance with AustralianStandard - AS/NZS 1158.3.1 Lighting for roads and publicspaces - Pedestrianarea (CategoryP) lighting - Performanceand design requirements.

Lighting must be maintained by the ownerof the building in asafe and good working order.

1.23 External lighting shall be provided to ensure safety of the Prior to

users of the developmentby: commencement ofuse

? Providing Lighting that is designed, installed andregulated in accordance with the parameters outlinedin Australian StandardAS 1158

? The use of vandal resistant lighting in public orpubliclyaccessibleareas.

Note: Ali lighting provided for safety and securitypurposesmust also consider its impact on surrounding land uses andin accordance with the Outdoor Lighting impact MitigationConditions must be designed, sited, installed and tested tocomply with Australian StandardAS4282-1997Controlof the

obtrusiveeffectsof outdoor lighting.

1.24 Lighting must be provided to the followingareas of the site: Prior tocommencementof

? The entries and exits of the approved building. use? The pathways between the parking areas and the

entrances/exitsof the building/s.? Throughout car parking areas.

1.25 The outdoor lighting of the development must mitigate Prior toadverse lighting and illumination impacts by: commencement of

use and then to be? Not causing nuisance by way of light spill or glare at maintained

adjacentpropertiesand roadways.? Providing graduated intensity lighting with lower level

brightness at the perimeter of the subject land andhigher intensities at the centre of the subject land.

? Directing lighting onto the subject land and away fromneighbouringproperties.

? Using shrouding devices to preclude light overspillonto surroundingproperties where necessary.

? Not operating lighting that uses sodium lights or flareplumes.

RefuseStorage Area1.26 Provide a refuse bin storage area generally in accordance At all times

with Proposed Site Plan, Drawing Number: DD1.01, Issue 5,Dated 25 August 2020. The storage area must be screenedfrom public view with a minimum 1.5 metre high solid fence

or wall, have an impervious base and be provided with anarea to wash out bins.

1.27 Provide waste collection areas in such locations so as to At all timesallow a servicing vehicle to enter and manoeuvre, so as tominimise the risk of injury to personsor damageto property.

Hours of Operation1.28 Goods delivery vehicles and waste service vehicles must not At all times

access the approved development site between the hours of6pm and 7am.

SCHEDULE 2 - ENGINEERINGAssessment ManagerNo Condition Timing

Engineering2.1 All works are to be designed and constructed in accordance At all times

with the requirements of the Somerset Regional CouncilDesign Standards.

2.2 Bear the costs of works carried out to Council and utility At all timesservices infrastructure and assets, including any alterationsand repairs resulting from compliancewith these conditions.

BuildingAbove Flood Level2.3 The current Defined Flood Event (DFE) is 106.0 m elevation Prior to

level and the following must be achieved: commencementofuse

? Floor heights for non-habitable buildings (except forbuildings classified under the Building Code ofAustralia as Class 7a or Class 10)shall be a minimumof the DFE;

? All hazardous, noxious material, or chemicals arelocated and stored above the DFE;

? Electrical switchboards, power points, main dataservers and the like are positioned above the DFE.Electrical and data installations below the DFE aredesigned and constructed to withstand submergencein flood water;

? Contingency plans are in place to account for thepotential need to relocate property prior to a floodevent to above the DFE (i.e. to transfer plant,equipmentand stock).

2.4 Buildings are located to avoid significant flood flows or At all timesvelocities.

2.5 The development does not increase the flood hazard for At all timesother properties.

Earthworks2.6 Contaminated material must not be used as fill on the site. At all times

Any filling must be undertaken using inert materials only.

Kerb and Channel2.7 Reinstate the kerb where permanent vehicular crossovers Prior to

have become redundant. commencementof

use

Vehicle access2.8 All vehicular access shall provide convenient and safe At all times

accessand egress from the site in accordancewith SomersetRegional Councii Design Standards.

2.9 The landowner is responsible for construction and At all timesmaintenance of vehicular access for the property, from theroad carriageway to property boundary in accordance withCouncil'sPolicy and Standards.

2.10 All vehicles shall enter and leave the site in a forward gear. At all times

Car Parking2.11 Provide on-site car parking for four vehicles, including one As part of Operational

space for disabled persons in accordance with Council WorksPlanning Scheme.

All car parking and circulation areas to be provided withsealed surface, line marking, or be otherwise designed in

accordance with AS2890 and Somerset Regional CouncilDesign Standards.

2.12 Provide secure bicycle parking and associated support At all timesfacilities for a minimum of two bicycles in accordance withAS2890.

2.13 Construct and maintain the driveway, vehicle manoeuvring At all timesand parking areas of hard standing material such as concreteor asphalt in accordance with Australian Standards.

Stormwater2.14 StormwaterDrainage and flows are to have a no worsening At all times

effect on adjoining,upstream, or downstream landholders.

2.15 Design and construction of all stormwater drainage works As part of Operationalmust comply with the relevant section/s of the Queensland WorksUrban Drainage Manual (QUDM)and the Somerset RegionalCouncil Design Standards.

2.16 Stormwater Drainage shall be constructed in general As part of Operational

accordance wIth Contour, Site Based Stormwater WorksManagementPlan, and dated 09/09/2020.

2.17 Convey stormwater flows through the developmentfrom the As part of Operationalupstream catchment. Works

2.18 Grade the site to ensure the development is drained Prior toadequately by gravitation to the drainage system. commencement of

use.

Erosion and sediment control2.19 Erosion and sedimentationcontrois shall be implemented, as At all times

necessary, and shall be maintained to Council'ssatisfactionat all times during the course of the project. Should Councildetermine that proposed controls are ineffective or adownstream drainage system has become silted, thedeveloperwill:

? Be required to install additional measures.? Be responsible for the restorationwork.

2.20 Measures shall be applied to prevent site vehicles tracking At all timessediment and other pollutants onto adjoining streets duringthe course of the project, and to prevent dust nuisance.

2.21 Where vegetation is removed, the vegetation waste shall be At all timesdisposed of by:

i) Milling;li) Chipping and/or mulching;lii) Disposal at an approved waste disposal facility.

No incinerationof vegetation or waste will be permitted at thesite. Waste other than vegetation waste, generated as aresult of the operations shall be disposed of to an approveddisposal facility.

SCHE JULE 3.- ENVIRONMENTALAssessment ManagerNo Condition Timing

Nuisance3.1 Notwithstanding any other condition of this development At all times

permit, this development permit does not authorise anyrelease of contaminants that causes, or is likely to cause, anenvironmental nuisance to any premises beyond theboundaries of the developmentsite.

Noise3.2 The approved development must be carried out by such At all times

practicable means necessary to prevent the emission, orlikelihoodof emission,of noise that constitutesenvironmentalnuisance.

3.3 In the event of a complaint about noise being made to the At all timesadministeringauthority, and that the administeringauthorityconsiders is not frivolous or vexatious, then the emission ofnoise from the development site must not result in levelsgreater than those specified in the Noise Schedule.

Noise scheduleNoise Level at a Noise Sensitive Place Measured as theAdjusted Maximum Sound Pressure Level L (Amaxadj,T) Period

Background noise level plus 5 dB(A) 6 pm - 10 pmBackground noise level plus 3 dB(A) 10 pm - 7 am

Noise Limits at a Commercial Place Measured as theAdjusted Maximum Sound Pressure Level L (Amaxadj,T) Period

Background noise level plus 10 dB(A) 7 am -6 pm

Background noise level plus 10 dB(A) 6 pm -10 pm

Background noise level plus 8 dB(A) 10 pm - 7 am

Component noise must be limited such that the adjusted A-weighted equivalent continuous noise level, LAeq, adj, 15

min when measured at any affected noise sensitive placemust not exceed:

(a) the background noise level plus 3 dB(A) from 7 am to6 pm;

(b) the backgroundnoise level plus 3 dB(A) from 6 pm to10 pm;

(c) the background noise level plus 0 dB(A) from 10 pmto 7 am.

Waste3.4 All solid, semi-solid and liquid waste generated from the At all times

construction and occupation of this approved developmentmust be collectedand disposed of by Council'scontractor orother Council approved waste collector unless otherwiseapproved by Council.

Construction3.5 All construction / demolition or other waste is to be removed During construction

from the site and deposited at an approved waste disposal phasefacility in a manner acceptable to SomersetRegional Councilunless otherwise authorised by Council.

3.6 The holder of this development approval must not: At all times

? Burn or bury waste generated in association with thisdevelopmentapproval at or on the developmentsite;nor

? Allow waste generated in association with thisdevelopmentapproval to burn or be burntor buried ator on the developmentsite; nor

? Stockpile any waste on the development site.

3.7 The holder of this development approval must not: During constructionphase

Release stormwater runoff into a roadside gutter /swale, stormwater drain or water that results in abuild-up of sand, silt or mud in the gutter, drain orwater; orDeposit sand, silt or mud in a roadside gutter,stormwaterdrain or water; or in a place where it couldreasonably be expected to move or be washed into aroadside gutter/swale, stormwater drain or water andresult in a build-up of sand, silt or mud in the gutter,drain or water.

SCHEDULE 4 .-. REFERRALAGENCYDepartment of State Development, Manufacturing, Infrastructureand PlanningConcurrence Agency ResponseAgency Response: RecommendConditionsApply

Pursuant to section 62 of the PlanningAct2016, the Assessment Manager must, other thanto the extent a referral agency's response provide advice, comply with all the referral agencyresponses and include conditions exactly as stated in the response.

The Department of State Development, Manufacturing, Infrastructure and Planning, as aConcurrence Agency has assessed the impact of the proposed development to a statecontrolled road environment.

ConcurrenceAgency response dated 23 September 2020 and referenced as 2008-18221SRA.

ConcurrenceAgency response will be attached to Council's Decision Notice for DA19577.

SCHEDULE 5- ADVICE

AssessmentManagerThis approval has effect in accordance with the provisions of section 71 of the Planning Act2016. (A copy ofsection 71 will be enclosedwith the Decision NoticeJ.

Currency Period - Pursuant to section 85 of the PlanningAct 2016 the approval will lapse ifthe first change of the use under the approval does not start within the 'currency period' -being six (6) years starting the day the approval takes effect.

The applicant may make representations (change representations)about a matter in thisdevelopmentapplication within the applicant'sappeal period under the process establishedin

chapter3, part 5, subdivision 1 of the PlanningAct2016.

The PlanningAct2016provides for a person to make a change to this developmentapplicationoutside the applicant's appeal period, following the process outlined in chapter 3, part 5,subdivision 2 of the Act.

Separate developmentapproval is required for any building work and plumbing/drainageworknecessitated by the conditions contained in this approval.

Dust pollution arising from the construction and maintenanceof the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawfulinstructionfrom Council'sOperations department if in Council's opinion a dust nuisance exists.

The rights of applicants to appeal to a tribunal or the Planning and EnvironmentCourt againstdecisions about a development application are set out in chapter 6, part 1 of the PlanningAct2016. For particular applications, there may also be a right to make an application for adeclaration by a tribunal (see chapter 6, part 2 of the PlanningAct2016).

Landowners are responsible for the constructionand maintenance of any vehicularaccess forthe property, from the road carriageway to property boundary in accordance with Council'sstandards.

This development approval is for the proposed development only. Any additionaluses/structures,if triggers assessable development, may require their own planning approvaland will be assessed on its own merits.

Any contaminated materials or soils encountered during siteworks, are to be handled, storedand disposed of in accordance with the requirements of the relevant authority of theQueensland State Government. A person must not dispose of contaminated soil or ahazardous substance at a place other than at a place approved by the relevant authority ofthe Queensland State Government.

All works shall be carried out in accordance with the Workplace, Health and SafetyAct (asamended)and the Workplace Health and Safety Regulation (asamended).

All Operational Work is to comply with relevant codes for design and construction.

Constructionhours are 6:30 am to 6:30 pm Monday to Saturday, with no work to be undertakenon Sundays or public holidays. Noise levels from construction work shall at all times complywith the requirementsof the Environmenta/Protection Act.

Upon receiving the certification by a RPEQ, and submission and approval of as constructeddrawings and documentation, Council will accept the works as "On Maintenance".

Council will bond the developer for an amount equal to 5% of the operational works and theDeveloper is required to maintain all works for a period of 12 months for civil works(maintenance period) from the date of "On Maintenance". Any defective works must be

rectified within the maintenance period.

At the end of the maintenanceperiod the works shall be inspected and if satisfactory, shall be

placed "Off Maintenance". Bonds or other securities will be released after the works havebeen placed "Off Maintenance".

Separate development approval is required for any building work and plumbing/drainageworks necessitated by the conditionscontained in this approval.

All building work is to comply with the provisions contained in the BuildingAct; the BuildingRegulation, the Building Code of Australia, the Queensland DevelopmentCode and relevantAustralian Standards.

BiosecurityQueenslandshould be notified on 13 25 23 of proposed development(s)occurringin the Fire Ant Restricted Area before earthworks commence. It should be noted that worksinvolving movementsof soil associated with earthworks may be subjectto movement controlsand failure to obtain necessary approvais from Biosecurity Queensland is an offence.

It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours toBiosecurity Queensland on 13 25 23.

The Fire Ant RestrictedArea as well as general information can be viewed on the DAF websitewww.daf.gld.gov.au/fireants

The Applicant has the Right of Appeal to the Planning and Environment Court regarding theconditions of this approval.

Should the Applicant notify Council in writing that the conditions of approval are acceptedwithout dispute and that the right of appeal to the Court will not be exercised, the DecisionNotice may be taken to be the development permit."

DA19577 - Attachment 1 steve DrakeAr c n tu t

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DA19577 - Attachment 5RA6-N

QueenstandGovernment

QueenslandTreasury

SARA reference: 2008-18221 SRACouncil reference: DA19577Applicant reference: 8805K

23 September2020

Chief Executive Officer APPRO¼EESomersetRegional Council SomersetRegional CouncilPO Box 117 for the ASSESSMENTMANAGERESK QLD 4312

[email protected] DA 1 9 5 7 7 1 4 OCT2020

Attention: Mr MarkWestaway

Dear Mr Westaway

SARA response-2 William Street, Kilcoy(Referralagency responsegiven undersection 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the StateAssessmentand Referral Agency (SARA)on 11 August 2020.

ResponseOutcome: Referral agency response-- with conditions.

Date of response: 23 September 2020

Conditions: The conditions in Attachment 1 must be attached to anydevelopment approval.

Advice: Advice to the applicant is in Attachment2.

Reasons: The reasons for the referralagency responseare in Attachment3.

Development details

Description: Developmentpermit Material changeof use for CommercialBuilding (Shop/Food & Drink PremisesandOffice)

SARA role: Referral Agency

SARA trigger: Schedule10, Part 9, Division 4, Subdivision 2, Table 4, item 1

(PlanningRegulation 2017)

Development application for a Material Change of Use within 25m of aState transportcorridor

South East Queensland(West) regional officePage 1 of 7 Po Box 2390, NORTH1PSWIcH QLD 4305

2008-18221 SRA

SARA reference: 2008-18221 SRA

AssessmentManager: SomersetRegional Council

Street address: 2 William Street, Kilcoy

Real property description: Lot 4 on SP265849

Applicant name: RHS Super Co Pty Ltd

Applicant contact details: c/- ONF Surveyors, P O Box 896Kingaroy QLD [email protected]

Representations

An applicant may make representationsto a concurrence agency, at any time before the application isdecided, about changing a matter in the referral agency response (section 30 of the DevelopmentAssessment Rules).Copies of the relevantprovisions are in Attachment 4.

A copyof this responsehas been sent to the applicant for their information.

For further information please contact Darrian Borick, Principal Planner, on 3432 2411 or via [email protected] will be pleased to assist.

Yours sincerely

Warren OxnamPlanning ManagerSEQ West

cc RHS Super Co Pty Ltd, [email protected]

enc Attachment 1 - Referralagency conditionsAttachment 2 - Advice to the applicantAttachment3 - Reasonsfor referral agency responseAttachment 4 - RepresentationsprovisionsAttachment 5 - Approvedplans and specifications

State Assessmentand Referral Agency Page 2 of 7

2008-18221SRA

Attachment 1-Referral agency conditions(Undersection 56(1)(b)(i)of the PlanningAct 2016 the following conditions must be attached to any development

approval relating to this application)(Copiesof the plans and specificationsreferencedbelow are found atAttachment5)

No. Conditions Condition timing

Development Permit- Material change of use- Shop / Food and Drink Outletand Office

Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1-The chief executive administering the

Planning Act 2016nominates the Director-Generalof the Department of Transport and Main Roads to bethe enforcement authority for the development to which this development approval relates for theadministration and enforcement of any matter relating to the followingcondition(s):1. The development must be carried out generally in accordancewith the Prior to the

following plan Level 1 -- Plan prepared by Steve Drake dated commencement of use24 August 2020, reference DD2.01 and revision 5 as amended in red & to be maintainedatto ensure that all permanent structures are clear of the state-controlled all timesroad corridor.

2. (a) Stormwater management of the development must ensure noworsening or actionable nuisance to the state-controlledroad.

(b) Any works on the land must not:(i) create any new discharge points for stormwaterrunoff onto the

state-controlled road;(ii) (ii) interfere with and/or cause damage to the existing

stormwater drainage on the state-controlled road;(iii) surcharge any existing culvert or drain on the state-controlled

road;(iv) reduce the quality of stormwater discharge onto the state-

controlled road.(c) RPEQ certification with supporting documentation must be

provided to North Coast Region [email protected] within the Department ofTransport and Main Roads, confirming that the development hasbeen designed and constructed in accordancewith parts (a) and(b)of this condition.

(a)At all times.(b)At all times.(c) Prior to thecommencementof use.

stateAssessment and ReferralAgency Page 3 of 7

2008-18221 SRA

Attachment2-Advice to the applicant

General advice1. Terms and phrases used in this document are defined in the PlanningAct 2016 its regulation or

the State Development Assessment Provisions(SDAP)v2.6. If a word remains undefined it hasits ordinary meaning.

2. Advertising Devices: Advertisingdevices have the potential to cause unsafe distraction, glareor other nuisance to drivers, which affects safety on the sate-controlled road. Any proposedadvertisingdevices are to be in accordancewith the Department ofTransport and Main Roads'Roadside Advertising Manual 2017. Any advertising device at this location:? Must not exceed a maximum luminance of 350cd/m2.? Must be placed within the subject site, clear of the state-controlledroad reserve (without

overhang).? Must not contain a variable message component.Further informationon the Departmentof Transportand Main Roads' Roadside AdvertisingManual 2017 can be found at the following link: https://www.tmr.ald.aov.au/business-industry/Technica1-standards-publications/Roadside-advertisinq-manual.

3. Public utilityworks and connectionapproval:The applicant is advised that if any worksand/orconnections are required to publicutility serviceswithin a State-controlled road reserve,approval must be given by the Departmentof Transport and Main Roads underthe relevantpublic utility legislation (electricity,water/sewer,telecommunication), and in accordancewithTMR technicalstandards(TN163).Approvals must be obtained prior to commencingany utilityworks w1thin the state-controlledroad reserve. Please contact the public utility team [email protected] for further information on the application and approval process.

4. Road Corridor Permit: An application for a Road CorridorPermit is required for any ancillaryworks and encroachmentson the state-controlled road under section 50(2) and Schedule6 ofthe Transport InfrastructureAct 1994 and Part 5 and Schedule 1 of the Transport Infrastructure(State-ControlledRoads)Regulation2006. Please contactthe Departmentof Transport andMain Roads on [email protected] to make an application for a Road CorridorPermit for the proposed pathway within the state-controlled road corridor.

StateAssessmentand ReferralAgency Page 4 of 7

2008-18221 SRA

Attachment3-Reasons for referral agency response(Givenunder section 56(7) of the Planning Act 2016)

The reasons for the department's decisionare:? The development application is for a Material Change of Use for a Commercial Building (Shop/Food

& Drink Premisesand Office).? The premises are within 25 metres of a state-controlledroad, the D'AguilarHighway.? The development application was required to be assessed against the State Development

Assessment Provisions, Version 2.6, State Code 1: Development in a state-controlled roadenvironment.

? The development application can comply with the provisions of State Code 1 through conditionsensuring that any permanent structures are clear of the state-controlled road corridor, and thatstormwater management of the development ensures a no worsening or actionable nuisance to the

state-controlledroad.? SARA has had regard to the strategic outcomes and purposes statements of the zone and overlay

codes of the Somerset Region Planning Scheme 2016, the South East Queensland Regional Plan2017, and the State Planning Policy 2017, and the developmentapplication is consistent with theseinstruments.

Material used in the assessmentof the application:? The development application material and submitted plans? Planning Act 2016? Planning Regulation 2017

? The State Development AssessmentProvisions (version2.6), as published by the department? The DevelopmentAssessment Rules? SARA DA Mapping system? State Planning Policy mapping system.

stateAssessmentand ReferralAgency Page 5 of 7

2008-18221 SRA

Attachment4-Change representation provisions(page left intentionallyblank)

State Assessmentand ReferralAgency Page 6 of 7

2008-18221 SRA

Attachment5-Approved plans and specifications(page left intentionallyblank)

State Assessmentand ReferralAgency Page 7 of 7

X1.

X3 X4

----Steve Drake

2008- 8221 SRA -23 September2020

SERVICEA REA

X5 - -

Y3- - - - -

Y2 - -- -

23 September202037 2400

.Car Park 4 Car Park 3 Ca Park 2 Car Park 1 SHARED

PWD ZONE

.-TENANCY150 m2

TENANCY 1 TENANCY280 m2 70 m2 VERANDAH

41 m2

AMENITIES16 m2

DFLXi9.EVEL permanent StrUCtureS rn. . ? clear of the state controlled

corridor.

ssue Description Date

.eEOp:r÷--R

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Level 1 - Plan

sees

002.01

DevelopmentAssessment Rules-Representationsabout a

referral agency response

The following provisions are those set out in sections 28 and 30 of the Development AssessmentRulest

regarding representations about a referralagency response

Part 6: Changes to the application and referral agencyresponses

28 Concurrence agencychanges its response or gives a late response

28.1. Despitepart 2, a concurrence agency may, after its referral agency assessmentperiod and any

furtherperiodagreed ends, change its referral agency responseor give a late referral agency

response before the application is decided, subjectto section 28.2 and 28.3.

28.2. A concurrenceagency may change its referral agency responseat any time before the applicationis decided if-(a) the change is in response to a change which the assessmentmanager is satisfied is a change

under section 26.1; or

(b) the Minister has given the concurrenceagency a direction undersection 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response.2

28.3. A concurrenceagencymay give a late referral agency responsebefore the application is decided,

if the applicant has given written agreementto the late referral agency response.

28.4. If a concurrenceagency proposesto change its referral agencyresponseunder section 28.2(a),

the concurrenceagencymust-(a) give notice of its intentionto change its referral agency responseto the assessmentmanager

and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;

and

(b) the concurrenceagencyhas 10 days from the day of giving notice under paragraph (a), or a

further period agreed betweenthe applicant and the concurrenceagency, to give an amended

referral agencyresponse to the assessmentmanagerand a copy to the applicant.

1 Pursuant to Section 68 of the PlanningAct2016.2 In the instance an applicant has made representations to the concurrence agency under section 30,

and the concurrence agencyagrees to make the change included in the representations, section28.2(c) is taken to have been satisfied.

Page 1 of2

Part 7: Miscellaneous

30 Representationsabout a referral agency response

30.1. An applicantmay make representationsto a concurrenceagency at any time before the applicationis decided, about changing a matter in the referral agency response.3

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in whichto take this aCtion. If a concurrenceagency wishes to amend their response in relation torepresentations made under this section, they must do so in accordance with section 28.

Page20f2

Planning Act2016Chapter6 Dispute resolution

{s 229]

(2) The person is taken to have engaged in the representative'sconduct, unless the person proves the person could not have

prevented the conduct by exercising reasonable diligence.

(3) In this section-conduct means an act or omission.

representative means-(a) of a corporation-an executive officer, employee or

agent of the corporation;or

(b) of an individual-an employee or agent of theindividual.

state ofmind, of a person, includes the person's-(a) knowledge,intention,opinion,beliefor purpose; and

(b) reasons for the intention,opinion,belief or purpose.

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court(1) Schedule 1 states-

(a) matters that may be appealedto-(i) either a tribunal or theP&E Court; or

(ii) only a tribunal:or

(iii) only the P&E Court; and

(b) the person-(i) who may appeala matter(the appellant);and

(ii) who is a respondentin an appeal of the matter; and

PlanningAct 20t6Cliapter6 DIspute resolution

[s 2291

(iii) who is a co-respondent in an appeal of the matter;and

(iv) who may elect to be a co-respondent in an appealof the matter.

(2) An appellantmay statt an appeal within the appeal period.

(3) The appealperiodis-(a) for an appeal by a building advisory agency-10

business days after a decision notice for the decision isgiven to the agency; or

(b) for an appeal against a deemed refusal-at any timeafter the deemed refusal happens:or

(c) for an appeal against a decision of the Minister, underchapter7. part4. to register premises or to renew theregistrationofpremises-20businessdays aftera noticeis publishedunder section 269(3)(a)or (4); or

(d) for an appeal against an infrastructurecharges notice-20 business days after the infrastructurecharges noticeis given to the person;or

(e) for an appeal abouta deemedapprovalofa developmentapplication for which a decision notice has not beengiven-30 business days after Lhe applicant gives thedeemedapprovalnotice to theassessmentmanager;or

(f) for an appeal relatingto thePlumbingandDrainageAct2018-(i) for an appeal against an enforcementnotice given

becauseof a belief mentioned in the Phanbing andDrainage Act 2018. section 143(2)(a)(i), (b) or(c)-5 business days after the day the notice is

given; or(ii) for an. appeal against a decision of a local

goverænentor an inspectorto givean action noticeunder the Phunbing and Drainage Act 2018-5businessdays after the noticeis given; or

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PlanningAct 2016 PlanningAct 2016Chapter6 Dispute resotution Chapter6 Disputeresolution

[s230] [s 230]

(iii) otherwise-20 business days after the day thenotice is given; or

(g) for any otherappeal-20 businessdays after a notice ofthe decision for the matter, including an enforcementnotice.is given to the person.

Note-See the P&E Court Act for the court's power to extend the oppealperiod.

(4) Each respondent and co-respondent for an appeal may beheard in the appeal.

(5) If an appeal is only about a referrai agency's response, theassessmentmanagermay apply to the tribunal or P&E Courtto withdraw from the appeal.

(6) To remove any doubt, it is declared that an appeal against aninfrastructurecharges notice mustnot be about-(a) the adoptedcharge itself; or

(b) for a decision about an offsetor refund-(i) the establishment cost of trunk infrastructure

identified in a LGIP; or

(ii) the cost of infrastructuredecided using the methodincluded in the local government's chargesresolution.

230 Notice of appeal(1) An appellantstarts an appeal by lodging, with the registmrof

the tribunal or P&E Court.a noticeofappeal that-(a) is in the approvedform; and

I

(b) succinctlystates the groundsof the appeal.

(2) The notice of appeal must be accompaniedby the requiredfee.

(3) The appellant or. for an appeal to a tribunal, the registrar.must, within the serviceperiod, give a copy of the notice ofappeal to-

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AmhnnmtbythePadianiarycausel

(a) the respondent for the appeal; and

(b) each co-respondentfor the appeal; and

(c) for an appeal about a development appliention underschedule 1, section 1, table 1, item 1--each principalsubmitterfor the applicationwhose submission has notbeen withdrawn; and

(d) for an appeal about a change application underschedule I, section I, table I, item 2-each principalsubmitterfor the applicationwhose submission has notbeen withdrawn;and

(e) each person whomay elect to be a co-respondent for theappeal other than an eligible submitter for adevelopment · application or change application thesubjectof the appeal; and

(f) for an appeal to the P&E Court-the chief executive;and

(g) for an appeal to a tribunalunder another Act--any otherperson who the registrarconsidersappropriate.

(4) Tbe serviceperiod is-(a) if a submitter or advice agency started the appeal in the

P&E Court-2 business days after the appeal is started;or.

(b) otherwise-10business 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 theeffect of subsection (6).

(6) A person elects to be a co-respondent to an appeal by filing a

noticeof election in the approvedform-(a) ifa copy of the noticeof appeal is given to the person-

within 10 business days after the copy is given to theperson; or

(b) otherwise-within 15 business days after the notice ofappeal is lodged with the registrarof the tribunal or theP&E Court.

Currentas at 1 Ju!y2o19 Page 21S

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PlanningAct 2o16 PlanningAct2o16Chapter 6 Dispute resolution Chapter6Dispute resolution

Is 231] [s232]

(7) Despite any other Act or rules of court to the contrary, a copyof a notice of appeal may be given to the chiefexecutivebyemailing the copy to the chiefexecutive at the email addressstated on the department'swebsite for this purpose.

231 Non-appealabledecisionsand matters(1) Subjectto this chapter, schedule I and the P&E Court Act,

unless the SupremeCourt decides a decisionor other matterunder this Act is affected by jiuisdictlonal error, the decision

or matter is non-appealable.

(2) TheJudicialReviewAct 1991,part 5 applies to the decisionormatter to the extent it is affected byjurisdictionalerror.

(3) A person who, but for subsection(1) could have made an

application under the JudicialReviewAct 1991 in re]ation tothe decisionor matter,may applyunderpart 4 of that Act for a

statementof reasons in relation to the decisionor matter.

(4) In this section-decision includes-

(a) conduct engaged in for the purpose of making adecision;and

(b) other conduct that relates to the making of a decision;and

(c) the making of a decision or the failure to make a

decision;and

(d) a purporteddecision; and

(e) a deemedrefusal.

non-appealable,for a decision or matter, means the decision

ormatter-(a) is final and conclusive;and

(b) may not be challenged. appealed against, reviewed,quashed, set aside or called into question in any otherway under the Judicial ReviewAct 1991 or otherwise,

whether by the Supreme Comt, another court. anytribunal or another entity; and

(c) is not subject to any declaratory, injunctiveor otherorder of the Supreme Court, anothercourt, any tribunalor anotherentity on anyground.

232 Hules 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 evenif the person has not compliedwith rules of the P&E Court.

Part 2 Developmenttribunal

Division 1 General

233 Appointment of referees(1) The Minister. or chiefexecutive. (the appointer) may appoint

a person to be a referee, by an appointmentnotice, if theappointerconsiders theperson-(a) has the qualifications or experience prescribed by

regulation;and

(b) has demonstratedan ability--(i) to negotiate and mediate outcomesbetweenparties

to a proceeding: and

(ii) to apply the principlesof natural justice;and

(iii) to analyse complextechnicalissues; and

(iv) to communicate effectively. including, forexample, to write informed succinct andweII-organiseddecisions. reports, submissions orotherdocuments.

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PlanningAct 2016 PlanningAct 2016

Sctiedule 1 Schedule 1

Schedule1 Appeals

seCtlon 229

1 Appeal rights and partiesto appeals

(I) Table 1 states the matters that may be appealedto-(a) the P&E court; or(b) a tribunal.

(2) However, table 1 applies to a tribunal only if the matterinvolves-(a) the refusal. or deemed refusal of a development

application,for-(i) a material change of use for a classified building;

or

(ii) operational work associated with building work. a

retainingwall,or a tenniscourt; or

(b) a provision of a development approval for.--

(i) a material change of use for a classified building;or

(ii) operational work associatedwith building work, a

retainingwall, or a tenniscourt;or(c) if a developmentpermit was applied for.-the decision

to give a preliminmy approval for-(1) a material change of use for a classifiedbuilding;

or

(ii) operationalwork associatedwith building work, a

retainingwall, or a tennis court; or

(d) a developmentconditionif-(i) the developmentapproval is only for a material

change of use that involves the use of a buildingclassified under the Building Code as a class 2building; and

Page 300 Currentas at 1 July 2019

Authorised by ibe ParliamentaryConn)

(ii) the building is, or is proposed to be, not more than3 storeys;and

(iii) the proposeddevelopment is for not more than 60

sole-occupancy units;or(e) a decision for, or a deemed refusal of, an extension

application for a development approval that is only for a

materialchange ofuse ofa classifiedbuilding; or(f) a decision for, or a deemed refusal of, a change

applicationfor a development approval that is only for amaterial change of use of a classified building;or

(g) a matterunderthisAct. to the extent thematterrelates tothe Building Act. other than a matter under that Act thatmay or must be decided by the QueenslandBuildingandConstructionCommission;or

(h) a decisionto give an enforcement notice-(i) in relation to a matterunderparagraphs (a) to (g):

or(ii) under the PlumbingandDrainageAet 2013;or

(i) an infrastructurechargesnotice;or

(j) the refusal, or deemed refusal, of a conversionapplication;or

(1) a matter prescribed by regulation.

(31 Also, table I does not apply to a tribunal if the matterinvolves-(a) for a matterin subsection(2)(a) to (d)-

(i) a development approvalforwhich thedevelopmentapplication required impactassessment; and

.(ii) a development approval in relation to which theassessment manager received a properly madesubmission for the development application;or

(b) a provision of a development approval about theidentificationor inclusion,undera variation approval,ofa matterfor the development.

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Schedule 1 Schedule 1

(4) Table 2 states the matters that may be appealed only to theP&E Court.

(S) Table 3 states the matters that may be appealed only to thetribunal.

(6) In each table-(a) column 1 states the appellant in the appeal; and

(b) column2 states the respondentin the appeal; and

(c) column 3 states the co-respondent(if any) in the appeal;and

(d) column 4 states the co-respondentsby election (if any)in the appeal.

(7) If the chief executive receives a notice of appeal undersection230(3)(f), the chief executive may elect to be a

co-respondent in the appeal.

(8) In this section-sforey see the BuildingCode, part AI.I.

Table 1Appeals to the P&E Court and, for certain matters, to a tribunal

1. Development applications

Fora developmentapplication other than an excludedapplicatloa, an appealmay be

madeagainst-(a) the refusalof all orpart of the development application;or

(b) the deemedrefusal of the developmentapplication;or(c) a provisionof the developmentapproval:orfdj if a developmentpermitwasappliedfor-thedecisientogive n pæliminary

approval.

Table 1Appeals to the P&E Court and, for eartain matters,to a tribunal

Coinmn1 Column2 Colunm3 Column4Appeltam Respondent Co-respondent Co-respondent

(if any) by election(ifany)

The applicant 'Ibe assessment If the appeal is about 1 A concurrencemanager aconcurrence agencythatis

agency's referral not a

response-the , co-respondentconcurrenceagency 2 If a chosen

assessmentmanageristherespondent-theprescribedassessmentmanager

3 Anyeligibleadviceagencyfortheapplication

4 Aoyeligiblesubmitterfortheapplication

2. Change appticationsFora changeapplicationother than an excluded application, an appeal may be madeagainst-(a) the responsibleentity'sdecisionon the changeapplication: or(b) adeemedrefusalofthechangeapplication.

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Table 1 Table 1Appeals to the P&E courtand, for certainmatters, to a tribuna! Appeals to the P&E Court and, for certain matters,to a tribunal

Column i Column 2 Column 3 Column 4 Column I Column 2 Column3 Column 4

Appellant Respondent Co-respondent Co-respondent Appellant Respondent Co-respondent Co-respondent

(ifany) by election(if (if any) by election (ifany) any)

1 The applicant The responsible If an affectedentity 1 A concurrence 1 Theapplicant The assessment If a concurrence Ifa chosen2 If the entity starts the appeal- agency for the 2 For a matter manager agency starts the assessmentmanager

responsibte theapplicant developmentotherthana appeal-the istherespondent-

entity is the aFPlient'°" deemedrefusal applicant the prescribed

assessment 2 If a chosen of an extension assessmentmanager

manager-an assessment application-aaffected entity manager is the concurrenceihat gavea respondent-the agency,otherpre-request prescribed than the chiefnotice or assessment executive,forresponsenotice manager the application

3 A private 4. Infrastructurechargesnoticescertifier for thedevelopment Anappeal may be made against an infrastructurechurges noticeon I ormore of the

application followinggrounds-.4 Anyeligible (a) thenoticeinvolvedanerrorrelatingto-

advice agency (i) the application of the relevant adoptedcharge; orfo e change Emmples oferror.r in applyingan adoptedcharge-

5 Any eligible ? the incorrectapplicationofgross floor aren fora non-residentialdevelopment

submitterfor the ? applyingan ineonect 'use enregory',under a regulation, to the development

(ii) the working outof extm demand, for section120: or(iii) an offset or refund: or

3. Extension upplications (b) therewasno decisionaboutan offsel orrefund;orFor an extensionapplication other than an extensionapplicationcalled in by theMinister. (c) if the infrastructurechargesnotice statesa refundwill be given-thetiming foran appeal may be madeagainst- givingthe refund;orta) the assessment manager'sdecision on the extension appliention; or (d) for an appeal to the P&ECoutt-theamountof thechargeis so unreasonable that no(b) a deemed refusalof the extensionapplication. reasonablerelevant local governmentcouldhave imposedthe amount.

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PlanningAct2016 PlanningAct 2016

Schedule1 Schedule 1

Table1Appeals to the P&E Court and, for cortainmatters,to a tribunal

Column I Column2 Column 3 Column 4

Appellant Respondent Co-respondent Co-respondent

(ifany) by election (ifany)

The person given the The localinfmstructure governmentthatgavechargesnotice the infrastructure

chargesnotice

5. Conversion applications

An uppealmaybe made against-Can therefusalofaconversionapplication;or(b) a deemed refusalof a conversionapplication.

Column 1 Colunm 2 Column3 Column 4



'Ibeapplicant The localgovernmentto whichthe conversionapplicationwasmade

6. Enforcementnotices

An appealmaybe made againstthe decision to give an enforcementnotice.

Column 1 Column2 Column 3 Column 4


(if any) by election (ifany)

Thepersongiven the Theenfozcementenforcementnotice authority -

Iftheenforeementauthority is not thelocal governtnentforthe premises inrelationto which theoffence is alleged tohavehappened-thelocal government

Table 2Appeals to the P&E Court only

1. Appeals from tribunalAnappeal maybe madeagainsta decisionof a tribunal, other than a decision undersection252, on the ground of-faj an erroror mistakein law on the part of the tribunalt or(b) jurisdictionalerror.

Colmnn 1 Columo 2 Column 3 Column 4Appellant Respondent · Co-respondent Co-respondent

(if any) by electiontifany)

A party tothe Theotherpartytothe -proceedingsfor the proceedingsfor thedecision decision

2. EligiblesubmitterappealsFor a developmentapplication or changeappilcationother than an excluded application.an appeal maybe made againstthe decision to approve the application, to the extent thedecision relatesto-ial anypartof the developmentapplication or change applicalionthat requiredimpact

assessment;or(b) a variation request.

Column 1 Column 2 Column 3 Column 4

Appellant Respondent Co.respondent Co-respondent

(if any) by election(ifany)

1 Fora 1 Fora 1 Theapplicant Anothereligibledevelopment development 2 Iftheappealis submitterfortheapplication-an application-the abouta °PPII°°I'°°eligible assessment concurrencesubmitterforthe manager ageney.sreferraldevelopment 2 Forachange respons%eapplication application--the concurrence

2 Forachange responsible agency

applications entityeligiblesubmitter for the

changeapplication

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Table2AppenIs to the P&E Court only

3. Eligible submitter and eligibleadvice agency appealsFor a developmentapplication orchangeapplicationother than an excludedapplication,an appeal may be made againsta provisionof the developmeniapproval,or a failuretoinclude a provision in the developmentapproval,to the extent the matter relatesto-(a) any part of the developmentapplicationorchange application that requimd impact

assessment; or(b) a variation request.

Columni Column2 Column3 Column4Appellant Respondent Co-respondent Co-mspondent

(ifany) by election lifany)

I Fora 1 Forn Idevelopment development 2application-an application-theeligible assessmentsubmitterforthe managerdevelopinent 2 ForachangeaPplicanon application-the

2 For a change responsibleapplication-on entityeligiblesubmitter for thechanceapplication

3 Aneligibleadviceagencyfor thedevelopmentapplication orchsngeapplication

'Ilie applicant Another eligibleIf the appeal is submitter for the

aboutu "PPII°°II°°concurrenceagency'sreferralresponse-theconcurrenceagency

4. CompensationclaimsAn appeal maybe made against-la) a decision under section32 about a compensationclaim: or(b) a decision under section265 about a claim for compensation;or(c) a deemed refusalof a claimunder paragraph(a)or (b).

Table 2Appeals to the P&E Court only

Column I Column2 Column3 Column4Appellant Respondent Co-respondent Co-respondent


A person dissatisfied The loca!

-with the decision governmentto whichthe claimwas made

5. Registeredpremises

An appealmay be made againsta decision of the Ministerunderchapter7, part 4.

Column I Column2 Column 3 Column 4Appellant Respondent Co-respondent Co-respondent

(ifany) by eleeilon(ifany)

1 A persongiven a 11te Minister -. If an ownerordecisionnotice occupierstarts theabout the appeal.-theownerofdecision theregistered

2 Ifthedecisionis . prenusesto registerpremisesornmew the

registrationofpremises-anowneroroccupierofpremisesin the

affectedarea forthe registeredpremiseswho isdissatisfied withthedecision

6.LocallawsAn appealmay be madeagainsta decisionofa Ioealgovernment,or conditionsapplied,under a local law about-(a) the use ofpremises.other than a use that is the natural and ordinary consequence of

prohibited development;or(b) the erectionof a buildingorotherstructure.

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Amhoriedby theParDamentaryCouant Authorisalby thePmilaioentaryCounsel

PlanningAct 2016 PlannEngAct 2016

Schedule1 Scheduto1

Table 2 Table 3Appeals to the P&E Courtonly Appeals to a tribunal only

Column 1 Column2 Column 3 Column 4

Appeliam Respondent Co-respondent Co-tespondent


A personwho- The local

fa) applied for the governmentdecisiontand

(b) is dissatisfiedwiththedecisionor conditions.

Table3Appeals to a tribunal only

1. Buildingadvisory agencyappeals

An appeal may be made against givinga developmentapprovalfor building work to theextent the building work required code assessmentagainst the buildingassessment

provisions.

Column 1 Column 2 Column 3 Column4

Appellant Respondem Co-respondent Co-respondent

(if any) by election fifanyi

A building advisory The assessment

agency for the managerdevelopmentapplication related tothe approval

'llre applicant 1 A concurrenceagency for thedevelopmentapplicationrelated to theapproval

2 A privatecertifierfor thedevelopmentapplicationrelated totheapproval

2. Inspection ofbuilding worl;An appealmay be made against a decisionof a buildingcertifieror referral agencyaboutthe inspection of boliding work that is the subjectof a building developmentapprovalunder the BuildingAct

Colunm 1 Column 2 Column 3 Column 4

AppeIZant Respondent Co-respondent Co-respondent

(ifany) by election (ifanyj

The applicantfor the The personwho - --development madethe decisionapproval

3. Certain decisionsunder the Building Act and the Plumbing and DrahmgeAct 2018

An appeal may be madeagainst--(a) a decisionunder LheBuildingAct, other than a decisionmadeby the Queensland

Buildingand ConstructionCommission,if an informationnoticeaboutthe decisionwasgivenor required to be given under that Act; or

(b) a decisionunderthe PlumbingandDrainage Act 2018, other than a decision madeby the QueenslandBuilding and ConstructionCommission. if an information noticeabout the decision was given or required to be given under thatAct.

Columnl Column2 Column3 Column4


(if any) by election (ifany)

A personwho The entity that madereceived. or was LhedeCISion

entitled to receive, aninformationnoticeaboutthedecision

4. Localgovernmentfailure to decideapplication under the BuildingAct

An appealmay be made against a local govemment's fallure to decidean applicationunder the BuildingActwithin the period requiredunderthat Act,

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Authorised by theParliamentaryCounsel Authorised liy We PmilamentaryCounsel

PlanningAct 2016

Schedulei

Table3Appeals to a tribunal only

Column I Column 2 Column 3 Column 4


(ifany) by election(ifany)

A personwho was The local

- -entitled io receive governmentto whichnotice of the decision the application was

made

5. Failureto make a decision aboutan application or othermatterunder the Plumbing andDminageAct 2018

An appealmay be made againsta failure to make a decisionunder the Plumbing andDminageAct 20IS,otherthan a failureby the QueenslandBuilding and ConstructionCommission lo makea decision. withinthe period required under thatAct. if aninformationnotice about thedecision was required to be given underthatAct.

Column I Column2 Column3 Column 4


(if any) by election lifany)

A person whowas ne entity that failed --- -emitled to receive an to make the decisioninformation noticeabout the decision

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Somerset · 2020. 12. 23. · Somerset REGIONAL COUNCIL Officer: Mark Westaway, Senior Planner...

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