Somerset REGIONAL COUNCIL Officer: Ryan Cheng, planning officer Phone: (07) 5424 4000 Application reference: DA18062 Applicant reference: 4463 5 June 2019 Somerville Consultants PO Box 1198 SPRINGWOOD QLD 4127 Email: [email protected]Attention: Erin Brooks Dear Ms Brooks, Negotiated Decision Notice Given under section 76(3) of the Planning Act 2016 Subject: Development application for a Material Change of Use for a Shop andThree Food and Drink Outlets situated at 1478 to 1484 Brisbane Valley Highway, Fernvale on land described as Lots 2 to 9 on RP28843. Somerset Regional Council as the Assessment Manager received your change representations under section 75 of the Planning Act 2016 on 16 April 2019. This Negotiated Decision Notice replaces the decision notice dated 20 March 2019. The proposed amendments to the Decision Notice are: 1. Condition 1.6 Condition 1.6 currently states: "No buildings are to be built over existing Lots 2 to 9 on RP28843 or any proposed boundaries. The site is to be either amalgamated into one parcel or reconfigured to site the proposed buildings and respective carparking allocations on separate titles. All associated survey documentation shall be preparedat no cost of the Somerset Regional Council." The applicant has requested the condition to be amended to the following: "No buildings are to be built over existing Lots 2 to 9 on RP28843 or any proposed boundaries. The site is to be either amalgamated into one parcel or reconfigured to site the proposed buildings on separate titles. All associated survey documentation shall be prepared at no cost of the Somerset Regional Council." ABN 50 138 958 249 Council Chambers - 2 Redbank Street, Esk QLD 4312 Address all correspondence to - Chief ExecutiveOfficer, Somerset Regional Council, PO Box 117, Esk QLD 4312 P 0754244000 F 0754244099 E [email protected]W www.somerset.qld.gov.au
Negotiated Decision NoticeGiven undersection 76(3) of the Planning Act 2016
Subject: Development application for a Material Change of Use for a Shop andThreeFood and Drink Outlets situated at 1478 to 1484 Brisbane Valley Highway, Fernvaleon land described as Lots 2 to 9 on RP28843.
Somerset Regional Council as the Assessment Manager received your changerepresentations under section 75 of the Planning Act 2016 on 16 April 2019. ThisNegotiated Decision Notice replaces the decision notice dated 20 March 2019.
The proposed amendmentsto the Decision Notice are:
1. Condition1.6Condition 1.6 currently states:
"No buildings are to be built over existing Lots 2 to 9 on RP28843 or anyproposed boundaries. The site is to be eitheramalgamated into one parcel orreconfigured to site the proposed buildings and respective carparkingallocations on separate titles. All associated survey documentation shall bepreparedat no cost of the Somerset Regional Council."
The applicant has requested the condition to be amended to the following:"No buildings are to be built over existing Lots 2 to 9 on RP28843 or anyproposed boundaries. The site is to be either amalgamated into one parcel orreconfigured to site the proposed buildings on separate titles. All associatedsurvey documentationshall be prepared at no cost of the Somerset RegionalCouncil."
Addressall correspondenceto - Chief ExecutiveOfficer, Somerset Regional Council, PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au
2. Condition2.33Condition 2.33 currently states:
"Providean easement overstormwater drainage locatedwithin private propertyfor the discharge through Lot 11 on SP180657.
The easement widths may vary but must extend to include top of batters ofopen drains and/orfloodpaths and are to be in accordance with QueenslandUrban DrainageManuai (QUDM). The easement is to be dedicated at no costto Councii
Ali easement documentation shall be prepared by the proponent in a formsatisfactoryto Council'sSolicitor.
Note: Easements required for the discharge of stormwater over adjacentpropertiesmust be agreed to in writing by the owner of the property "
The applicant has requested the condition to be removed. Officer has reviewed therequest and recommendthe condition be amended to the following:
"Provide an easementoverstormwater drainage locatedwithinprivate propertyfor the discharge through Lot 11 on SP180657.
The easement widths may vary but must extend to include top of batters ofopen drains and/orfloodpaths and are to be in accordancewith QueenslandUrban Drainage Manuai (QUDM).
Note: Easements required for the discharge of stormwater over adjacentproperties must be agreed to in writingby the ownerof the property."
1. Decision
Date of decision:Wednesday 29 May 2019
Decision details:
Resolution Moved - Cr Ogg Secónded CrWha ey
"THAT Counòil; approves and issues a Negotiated Deci?ion Noticefor Development Application No 18062 for a DevelopmentPermit fora Shop and three food and drink outlets on L.ots 2 to 9 on RP28843and situated at 1474 to 1484 Brisbane Valley Highway, Fernvalesubject to the amended requirements and conditions contained inthe Schedules and Attachments.
Approved in full with conditions. These.conditionsare set out in Attachment 1 and,areclearly identified to indicate whether the assessment manager or a concurrenceagency imposed them.
Conditions:This approval is subject to the conditions in Attachment 1.
2. Nature of the representations, responses and changes agreedThe nature of representations,officer comments and changes agreed to are providedbelow.
Applicant's Representations
The applicant has provided the following representations for the two conditions.
Regarding condition 1.6, the condition requires the buildings plus their respectivecarparking allocations to be situated on separate titles thus creating awkward,unconventionalshaped lots.
A proposed site layout plan has been prepared to align the boundaries to suit thebuilding design. Easement will be placed over the parking areas to allow for shareduse of the space and will achieve the same a result as all buildings and carparking onone title.
Therefore, it is requested the condition to be amended, thus allowing for moreconventional lots to be created with the easements for the use of car parking andaccess and will be subject to a future application for Reconfiguring a lot. The proposedsite layout plan has been provided at Attachment 1.
Regardingcondition 2.33, the condition requires the provision of an easement over the
adjoining site that does not form part of the application.
It is in the applicant'sopinion that the condition is not lawful and to impose an easementover the adjoining site to deal with stormwaterfrom the external upstream catchmentis neither reasonable nor relevant. Stormwater from Banks Creek Road dischargesthrough easementA in the adjoiningsite to the west before discharging into Lot 11 onSP180657 has nothing to do with the subject site.
A written consent from the downstream landowner for private stormwater discharge is
sufficientand is in accordancewith Council's Design Standard SC6.5.11.1.5(ii)- Legal
point of discharge. Alternative, a private easement could be provided for stormwaterdrainage, if deemed to be necessaryby Council.
Officer's Comments
Reviewing the applicant's representation for Condition 1.6, it is considered that theproposed amendment to the condition will allow the development to proceed andoperate as intended by the approval. Therefore, it is appropriate for Condition 1.6 tobe amended as proposed by the applicant. Condition 1.1 will also be amended toinclude the proposed subdivision plan.
Condition 2.33 requires the provision of a stormwater drainage easement on the
adjoining downstream property which benefits the approved development. Thiscondition is considered by Council officers as reasonableand relevant and not unlawfulas suggested by the applicant. However, it is considered that a private stormwatereasement is suitable for the proposeddevelopment will be sufficient and will not affectthe development being carried out generally in accordance with the approval.Therefore, it is considered appropriate for Condition 2.33 to be amended as follows:
Provide an easementover stormwater drainage locatedwithin private propertyfor the discharge through Lot 11 on SP180657.
The easement widths may vary but must extend to include top of batters ofopen drains and/orfloodpaths and are to be in accordance with QueenslandUrban Drainage Manual (QUDM).
Note: Easements required for the discharge of stormwater over adjacentproperties must be agreed to in writing by the ownerof the property.
3. Approved plansThe approved plans and/or documentsfor this development approval.are listed in thefollowing table:
Plan/Document number Plan/Document name | Date
Job Number: 18020, Proposed Mixed Use Development- prepared Various DatesDrawing Number: DA01 to by Verve Building Design Co.DA08, Various Revisions
Reference: 1810-8032 The State Assessment and ReferralAgency 30 January 2019SRA Decision Notice and attachments
Reference: J00191R3V1 Flood Impact Assessment for Roubaix 1 October 2018Properties Combined Fernvale Developments-prepared by Hydrology and Water ManagementConsulting Pty Ltd
Project Number: Traffic impact Assessment - prepared by September 2018BE170234, Document Burchills Engineering SolutionsNumber: BD170234-RP-TIA-C-01
Project Number: Conceptual Stormwater Management Plan .- September 2018BE170234, Document prepared by Burchills Engineering SolutionsNumber: BE170234-RP-CSMP-01
Project Number: Civil Engineering Report - prepared by Burchills September 2018BE170234, Document Engineering SolutionsNumber: BE170234-RP-CER CC 01
Drawing no.: 4463-03 Site Layout- prepared by RA at Somerville 1 February 2019Consultants
4. Referral agenciesThe referral agencies for this application are:
For an application Name of referrial Advice agency Addressinvolving agency or concurrence
agency
The development Department of Ståtsapplication was referred Development,
under the following Manufacturing,
provisions of the Infrastructure andPlanningRëgulation Planning2017
? 10.9.4.2.4.1 - Statëtransport corridorsand future State
Concurrence SEQ West (Ipswich)Agency POBox129
IPSWICH QLD 4305
Email:
IpswichSARA@dsdmip.
ald.gov.au
transport corridors
5. Lapsing of approvalat end of currency period (s.85 Planning Act 2016)A part of a development approval lapses at the end of the following period (thecurrencyperiod) -
(a) For any part of the developmentapproval relating to a Material Changeof Use
- if the first change of use does not happen within -a. The period stated for that part of the approval; orb. If rib period is stated -.6 years aftër the approval starts to have effect.
6. Extension applications(1) A ßerson may make an application (an extension application) to the
assessmentmanager to extend a currency period of a development approvalbefore the approval lapses.
(2) The extension application must be -a. Made -i. If the assessmentmanager has ä form for the application - inthe form; or
li. By notice; andb. Accompanied by -i. The required fee; and
li. To the extent.the applicatiòn rëlates to premises, other thanexcluded premises, for which the applicant is not the owner -the writteh consent of the owner .of
the premises to theapplication.
7. Lapsing of approval for failing to complete development (s. 88 PlanningAct 2016)
(1) A developrrient approval, other than a variation approval, for develópmentlapses to the extent the development is not completed within any period orperiods required under a development condition.
(2) A variationapprovalfor development lapses to.the extent the development is
not completed within -a. If a development condition required the development to be completedwithin a stated period or periods- the stated period or periods; or
b. If paragraph (a) does nòt åpply - the period or .periodsthe applicant
nominated in the development apl:ilication;orc. Otherwise -
5 years after the appròval starts to have effect.(3) However, despite the lapsing of the developrnent appröval, any seóurity paid
under a condition stated in section .65(2(e) of the Planning Act 2016 may be
used as stated in the approval or agfeeblent under. sectioh 67 (to finish thedevelopment, for example).
8. Dispute Resolution - Appeal Rights - Chapter 6 Part 1 Planning Act 2016The rights of applicants tó appeal to a tribunal or the Planning and Environment Courtagainst decisions about a development applicatibn are set out in Chapter 6, Part 1 ofthe Planning Act 2016. Fòr particularapplications,there may also be a riglit to makean application for a declaration by a tribì.inal (see;chäpter 6, part 2 of the Planning Act2016). A copy of the relevant appeal provisions;are enclosed for your information.
Should you wish to discuss the contents of this decision nótice, please contactCouncil's planning officer, Ryan Cheng on (07) 5424 4000.
Yours sincerely,
Jason BradshawChief Executive Officer
Attachment1- Conditions,ofthe approval
Attachment 2 - Planning Act 2016 extract on appeal rights
Attachment1.-. Conditions of Approval
SCHEDULE 1
- GENERAL CONDITIONSAssessmentManagerNo Condition1.1 Carry out the developmentgenerally in accordance with the
material contained in the development application,supporting documentation and the plan(s) listed below,
except where amended by these conditions of approval.Cover Page, Drawn by JG at Verve Building Design Co, JobNumber: 18020, Drawing Number: DA01, Revision B, Dated19 December2018.Proposed Site Plan, Drawn by NG at Verve Building DesignCo, Drawing Number: 18020-DA02, Revision C, Dated 19December2018.Proposed Staged Site Plan, Drawn by GN at Verve BuildingDesign Co, Drawing Number: 18020-DA03, Revision C,Dated 13 December 2018.Building 1 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA04, Revision B, Dated 19 December2018.Building 2 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA05, Revision B, Dated 19 December2018.Building 2 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA06, Revision B, Dated 19 December 2018.Building 3 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA07, Revision B, Dated 19 December 2018.Site Perspectives, Drawn by JG at Verve Building DesignCo., Job Number: 18020, Drawing Number: DA08, RevisionB, Dated 19 December2018.Cover Page, Drawn by JG at Verve Building Design Co., JobNumber: 18020, Drawing Number: DA01, Revision B, Dated19 December 2018.Proposed Site Plan, Drawn by NG at Verve Building DesignCo., Drawing Number: 18020-DA02, Revision C, Dated 19December2018.Proposed Staged Site Plan, Drawn by GN at Verve BuildingDesign Co., Drawing Number: 18020-DA03, Revision C,Dated 13 December 2018.Building 1 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA04, Revision B, Dated 19 December2018.Building 2 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA05, Revision B, Dated 19 December2018.Building 2 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA06, Revision B, Dated 19 December 2018.
TimingAt all times
Building 3 Elevations and Perspectives, Drawn by JG atVerve Building Design Co., Job Number: 18020, DrawingNumber: DA07, Revision B, Dated 19 December 2018.Site Perspectives, Drawn by JG at Verve Building DesignCo., Job Number: 18020, Drawing Number: DA08, RevisionB, Dated 19 December 2018.Banks Creek Road, Fernvale Site Access IntersectionArrangement, as amended in red by SARA on 30 January2019, Prepared by Burchilis Engineering Solutions,Reference number: BE170234SK104,Dated 18 December2018.Flood ImpactAssessment for Roubaix Properties CombinedFernvale Developments, Prepared by Hydrologyand WaterManagement Consulting Pty Ltd, Reference: J00191R3V1,Dated 1 October 2018.Traffic Impact Assessment, Prepared by Burchills EngineerSolutions, Project Number: BE170234, DocumentNumber:BD170234-RP-TIA-C-01, Dated September 2018.Site Layout, Project: Reconfiguring a Lot (8 into 3), Drawn:RA, Prepared by Somerville Consultants, Drawing No.:4463-03, Dated 1 February 2019.
1.2 Comply with relevant provisions of the Somerset Region At all timesPlanning Scheme; Planning Scheme Policies and LocalLaws.
1.3 A legible copy of this development approval package is to At all times duringbe available on the premises at all times during construction. the construction
phase
1.4 Pay to Council any outstanding rates or charges or Before the change. expenses that are a charge over the subject land levied by happens
Council; and/or levied but not fully paid over the subjectland.
1.5 The Material Change of Use of this site is for the purpose of At all timesShop and Food and Drink Outlets, and may include anyancillary activities, where these activities remain incidentalto and necessarilyassociatedwith the approved commercialactivities of all time.
1.6 No buildings are to be built over existing Lots 2 to 9 on Prior toRP28843 or any proposed boundaries. The site is to be commencementofeither amalgamated into one parcel or reconfiguredto site usethe proposed buildings on separate titles. All associatedsurvey documentation shall be prepared at no cost of theSomerset Regional Council.
1.7 Building works and plumbing and drainage works approvals Before the
must be gained. commencementofuse
General Services1.8 Connect the development to a reticulated water supply, Before the
sewer infrastructure, underground electricity supply, and commencementoftelecommunications utilities in accordancewith acceptable usestandards of the relevant regulatory authority so that it is
available to each allotment,
1.9 The applicant must providewritten evidence (eg connection Before thecertificate) from each particular service provider stating commencementofeither that each lot has been connected to applicable useservice, is available at a standard connection, or has a
currentsupply agreement.
1.10 Electricity/telecommunication/watersupply/sewer drawings Before themust be co-ordinated with the civil engineering design commencementofdetails, to ensure that service clashes are avoided. use
Buildingdesigns1.11 External details of the buildings, façade 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's written approval.
Note: The requirement to use particular materials andfinishes is imposedonly for the purpose of achieving a builtform outcome that displays architectural merit. Council hasnot assessed the materialsand finishes for compliance withthe Building Act, the Building Fire Safety Regulation, theBuilding Regulation, the Building Code of Australia, theQueensland Development Code, relevant Australian·Standards, fire safety standards or any other relevantrequirementof a statutory authority with regard to buildingwork.
Footpaths1.12 Provide a concrete full width footpath, for the full frontage of As part of
the site of the development. The concrete is to be coloured, OperationalWorksstencilled, or approved other by Council.
Landscaping fence1.13 Provide a 1.2m high pool-style fence or similar (with Before
approval from Council) along the frontage of T2's drive- commencementofthrough facility; between the northern pedestrian entry path useto the side of T3 Food and drink outlet as depicted on thesite plan for pedestrian protection.
1.14 A minimum 2.5m high solid screen fence must be erected Beforealong the full length of the side and rear (northern, eastern commencement ofand southern) boundaries of the site. All cost associated use
with meeting the fencing requirements listed within thisDevelopmentApproval must be borne by the developer.
Pedestrian connectivity to adjoining premises may beprovided, subject to Councli's approval.
Access for people with disabilities1.15 Access must be provided for people with disabilities in At all times
accordancewith 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.
Visuai amenity1.16 Any graffiti on buildings, structuresor fences on the subject At all times
land visible from public viewing locations must be removedwithin 24 hours or upon direction by Council
1.17 All buildings, structures and fences as well as the subject At all timesland must be maintained in a clean and tidy manner at alltimes.
1.18 All fixed mechanical plant must be contained within the At all timesbuilding or visually screened to all street frontages, publicviewing locations and adjoining premises.
1.19 Open storage areas, loading areas, bin storage areas and At all timesother unsightly areas, must be screened from view from allstreet frontages and public places.
Safety, security and publicly accessiblefacilities1.20 The development and hard landscaping must not comprise At all times
of highly reflective materials that create slippery orotherwise hazardous conditions.
1.21 Public toilet and parent room entrances must be located At all timesreadily visible from public areas of the subject land.
Landscapeplan1.22 The developer must submit to Council for endorsement, a As part of
Landscape Plan for all landscaping associated with the Operational worksdevelopment. The plan must be prepared by a suitably for Landscapingqualified and experienced Landscape Architect, Workshorticulturist, or other person experienced in landscapedesign and construction. The Landscape Plan must addressthe performance criteria listed below:
? Comply with the Somerset Regional Council
Design Standards.? To enhance the appearance of the development
internally and externally.? To make a positive contribution to the
streetscape;? To screen unsightly objects from public view;? To contribute to an environment by providing
shade to reduce glare, heat absorption andradiation;
? To ensure common areas are useable;? To provide long term erosion protection;? To integrate with existing vegetation and other
natural features of the site and adjoining lands;
and? To provide adequate vehicle sightlines and road
safety.
The Landscape Plan must also detail:
? The typical species to be planted, consisting mainlyof drought-tolerantspecies suitable to their individuallocation on site;
? The number and size of plants;? The typical planting detail including preparation,
backfill, staking and mulching;? The developer must prepare and landscape the site
in accordancewith the approved Landscape Plan, oras otherwise approved in writing;
? All declared weeds and pests must be removedfromthe subject land and the subject land kept clear ofsuch nuisance varieties at all times during the courseof development works and any ensuing defectsliability period;
? Apart from declared weeds and pests, trees, shrubsand landscaped areas currently existing on thesubject land must be retained where possible andaction taken to minimize disturbance duringconstructionwork;
? Landscaping provided within the front boundarysetback of the subject land and around car parkingareas within the subject land must allow visibility intothe site by:
o Using trees which have a clean trunk heightof at least 1.8 metres (at maturity);
o Using shrubs with a maximum height of 0.75metres, in order to retain sight lines;
? A minimumof 70% of landscapedareas mustbe retained as a permeable surface;
? Landscape areas must be maintained, andthe site must remain in a clean and tidy stateat all times.
1.23 The development site must be landscaped. The works must As part ofbe undertaken in accordance with an operational works Operational worksapproval. for Landscaping
Works
Acousticamenity1.24 Noise from activity associated with the use of the subject At all times
land must not exceed the Acoustic Quality Objectives listedin the Environment Protection (Noise) Policy 2008 whenmeasured at any sensitive receptor.
1.25 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 asspecifiedwithin the Environmental Protection Act 1994.
1.26 All plants and equipment (rooftop chillers, plant decks etc.) At all timeslocated on rooftops must be appropriately screened by
acoustic screens.
Advertising device1.27 Signages/Advertising devices are to comply with the At all times
relevant Subordinate Local Law (Installationof AdvertisingDevices).
SCHEDULE 2- Engineering
Assessment ManagerNo Condition Timing
Engineering2.1 Make an Operational Work application to Council and pay Prior to the
the required fees where an application involves earthworks, commencementoferosion and sediment control, roadworks, car parks, OperationalWorklandscaping, clearing and stormwaterdrainage required asstated in the following conditions.
2.2 It is required that the design and construction of civil Prior to the
componentsof the OperationalWork are to be certified by a submissionofRegistered Professional Engineer Queensland (RPEQ), Operational Worksincluding: application
? Plans and specifications must be prepared andcertified with the OperationalWork application.
? Certification that the works have been undertaken in
accordancewith the approved plans, specificationsand to Council's requirements.
2.3 All works are to be designed and constructed in accordance At all timeswith the requirements of the Somerset Regional Council
· Design Standards.
2.4 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.
Earthworks2.5 All earthworks to be constructed in accordance with At all times
AS3798. Fill material is to be placed, compacted, andtested by a suitably qualified inspection and testingorganisation.
2.6 Contaminated material must not be used as fill on the site. At all timesAny filling must be undertaken using inert materials only.
2.7 Any fill, cut and other stored material must be contained At all timeswithin properties comprising the development application.Fill cannot be placed on adjacent properties withoutproviding Council with written permission from therespective property owner(s).
Roadworks2.8 Install all traffic signs and line markings in accordance with
Manual of Uniform Traffic Control Devices.
2.9 All works on or adjacent to roadways must be adequately Prior to
signed in accordance with the "Manual for Uniform Traffic commencementofControl Devices - Part 3, Works on Roads". Any Council and duringRoad, lane closure or footpath works must be applied for in construction ofwriting to Council, and all conditions of that approval workscomplied with during construction of the works.
2.10 Provide verge and access in accordance with Somerset As part ofRegional Council Design Standards. Operational Works.
2.11 Provide documentary evidence from the Department of Prior toTransport and Main Roads that works to upgrade the commencementofBrisbane Valley Highway have been completed. use
2.12 Provide written approval from the Department of Transport Prior to Operationaland Main Roads to carry out works on a state controlled Worksroad.
Kerb and Channel2.13 Provide kerb and channelling (including drainage and Prior to
associated works)with asphalt concrete surfacing along the commencement offull frontage of the site and joined to the existing kerb. use
I
2.14 Reinstate the kerb where permanent vehicular crossovers Prior tohave become redundant. commencementof
use
Vehicle Access2.15 All vehicular access shall provide convenient and safe At all times
access and egress from the site in accordance withSomerset Regional Council Design Standards.
2.16 The landowner is responsible for construction and At all timesmaintenance of vehicular access for the property.
2.17 All vehicles shall enter and leave the site in a forward gear At all times
Car Parking2.18 Provide on-site car parking for seventy-four (74) vehicles, As part of
including three (3) spaces for disabled persons in Operational Worksaccordance with Council Planning Scheme. Car parkingand access to be provided to each stage of thedevelopment.
All car parking and circulation areas to be provided withsealed surface, line rnarking, or be otherwise designed in
accordance with AS2890 and Somerset Regional CouncilDesign Standards.
2.19 Provide secure bicycle parking and associated support As part offacilities in accordancewith AS2890and Somerset Regional Operational WorksCouncil Design Standards.
2.20 All pedestrian pathways shall be appropriately marked and Prior tosignposted where they cross internal driveways. commencementof
use
2.21 Construct and maintain the driveway, vehicle manoeuvring At all timesand parking areas of hard standing material such asconcrete, bitumen or pavers in accordance with AustralianStandards.
Refuse Storage Area2.22 Refuse bin storage areas must be provided on the premises Prior to
within a building, outbuilding or other enclosed structure so cómmencement ofthat it is screened from public view with a minimum 1.5 usemetre high solid fence or wall.
2.23 Provide Waste Collection Areas in such locations so as to Prior toallow a servicing vehicle to enter and manoeuvre, so as to commencementofminimize the risk of injury to persons or damage to property, useand leave the property in forward gear.
Indoor and Outdoor Lighting2.24 External lighting shall be provided to ensure safety óf the Prior to
users of the development by: commencementofuse
? Providing Lighting that is designed, installed andregulated in accordance with the parametersoutlined in Australian StandardAS 1158
? The use of vandal resistant lighting in public orpublicly accessible areas.
Note: All lighting providedfor safety and security purposesmust also consider its impact on surrounding land uses andin accordance with the Outdoor Lighting Impact MitigationConditions must be designed, sited, installed and tested to
comply with Australian Standard AS4282-1997 Control ofthe obtrusive effects of outdoor lighting.
2.25 Lighting must be provided to the following areas of the site: Prior to
commencement of? The entries and exits of the approved building. use? The pathways between the. parking areas and the
entrances/exits of the building/s.? Throughout car parking areas.
2.26 The outdoor lighting of the development must mitigate Prior toadverse lighting and illumination impacts by: commencementof
use? Not causing nuisance by way of light spill or glare at
adjacent properties and roadways.? Providing graduated intensity lighting with lower
level brightness at the perimeter of the subject land
and higher intensities at the centre of the subjectland.
? Directing lighting onto the subject land and awayfrom neighbouring properties.
? Using shrouding devices to preciude light overspillonto surrounding properties where necessary.
? Not operating lighting that uses sodium lights or flareplumes.
Stormwater2.27 Stormwater Drainage and flows are to have a no worsening At all times
effect on adjoining, upstream, or downstream landholders.
2.28 Design and construction of all stormwater drainage works As part ofmust comply with. the relevant section/s of the Queensland OperationalWorksUrban Drainage Manual (QUDM) and the SomersetRegional Council Design Standards.
2.29 Stormwater Drainage shall be constructed in general As part ofaccordance with Burchills Engineering Solutions, Operational WorksConceptual Stormwater Management Plan, and datedSeptember 2018.
2.30 Convey stormwaterflows through the developmentfrom the As part ofupstream catchment. Operational Works
2.31 Submit permission for the discharge of stormwaterdrainage As part ofto a lawful point of discharge from the owners of properties Operational Worksaffected by any stormwaterdischarge from the site.
Note: Such consent may require supporting engineeringplans and calculations.
2.32 Adjoining properties and roadways to the development are At all timesto be protected from ponding or nuisance from stormwateras a result of any site works undertaken as part of theproposed development.
Easement2.33 Provide an easement over stormwater drainage located Prior to
within private property for the discharge through Lot 11 on commencementofSP180657. use
The easementwidths may vary but must extend to includetop of batters of open drains and/or flood paths and are tobe in accordance with Queensland Urban Drainage Manual(QUDM).
Note: Easements required for the discharge of stormwateroveradjacent properties must be agreed to in writing by theownerof the property.
Erosion and Sediment Control2.34 Erosion and sedimentation controls shall be implemented, At all times
as necessary, and shall be maintained to Council'ssatisfaction at all times during the course of the project.Should Council determine that proposed controls areineffective or a downstream drainage system has becomesilted, the developer will:
? Be required to install additional measures.? Be responsible for the restoration work.
2.35 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.
2.36 Prepare an Erosion and Sediment Control Plan designedby As part of thea Registered Professional Engineer Queensland (RPEQ). lodgement of the
Implement all relevant sediment and erosion control Operational Works
measures and temporary fencing as identified on the applicatiónapproved engineering drawings as part of the operationalworks. All sedimentcontrol devices and sediment collectionpoints shall be regularly monitored, sediment removed asnecessary and devices maintained responsibly during
construction and maintenance period of the developmentworks.
2.37 All wastes to be managed in accordance with the relevant At all timeslegislation and regulations with regulated waste to bedisposed of at a licensed facility and general solid waste tobe disposed of at approved landfill sites with the contractorcovering all costs incurred for the receipt and nianagementof the waste.
2.38 Where vegetation is removed, the vegetation waste shall be At all timesdisposed of by:
i) Milling;ii) Chipping and/or mulchinglii) Disposal at an approved waste disposal facility.
No incineration of vegetation or waste will be permitted atthe site. Waste other than vegetation waste, generated asa result of the operations shall be disposed of to anapproved disposal facility.
2.39 All declared weeds and pests are to be removed from the At all times
subject land and kept clear of such nuisancevarieties duringthe course of operations.
2.40 Apart from declared weeds and pests, areas with trees, As part ofshrubs and landscaping currently existing on the subject Operational Worksland must be retained where possible and action taken tominimize disturbance during construction work.
SCHEDULE3- Environmental
Assessment ManagerNo. Condition Timing3.1 All buildings, structures, flttings, fixtures and grounds At all times
forming part of this development approval must be
maintained-? In a serviceable condition; and? In a state of good repair and efficient action; and? In a clean, sanitary condition; and? Free of accumulateddisused materials; and? Free of vermin and pest infestations.
3.2 All solid, semi-solid and liquid waste generated from the Before the change
construction and occupation of this approved development happensmust be collected and disposed of by Council's contractoror other Council approved waste collector unless otherwiseapproved by Council.
3.3 All construction / demolition or otherwaste is to be removed Before the changefrom the site and deposited at an approved waste disposal happensfacility in a manner acceptable to Somerset RegionalCouncil unless otherwiseauthorised by Council.
3.4 The holder of this development approval must not: At all times
? Burn or bury waste generated in associationwith thisdevelopmentapproval at or on the development site;nor
? Allow waste generated in association with thisdevelopment approval to burn or be burnt or buriedat or on the developmentsite; nor
? Stockpile any waste on the developmentsite.
3.5 The holder of this development approval must not: Before theCertificate of
Release stormwater runoff into a roadside Classificationforgutter/swale, stormwater drain. or water that results the building work isin a build-up of sand; silt or mud in the gutter, drain issuedor water; orDeposit sand, silt or mud in a roadside gutter,stormwater drain or water; or in a place where it
could reasonably be expected to move or be washedinto a roadside gutter/swale, stormwater drain orwater and result in a build-up of sand, silt or mud in
the gutter, drain or water.
3.6 Light sources must be positioned and shielded, when At all tifnesnecessary, to prevent light spillage causing a nuisance toany sensitive receptor outside the boundaries of thedevelopmentsite.
3.7 Notwithstanding any other condition of this development At all timespermit, this development permit does not authorise anyrelease of contaminantsthat causes, or is likely to cause, anenvironmental nuisance or environmental harm beyond theboundaries of tHe development site.
3.8 All general waste produced as part of the operation must be At all timesdisposed of through either:
a. The number of standard waste services asdetermined by Council; or
b. A private agreementwith a licensed waste disposalcontractorthrough an exemptiongranted by Council.
SCHEDULE4-REFERRALAGENCYDepartment of State Development, Manufacturing, Infrastructure and Planning -State Assessmentand ReferralAgencyConcurrenceAgency ResponseAgency Response: Recommend ConditionsApplyPursuant to section 62 of the PlanningAct 2016theAssessmentManager must, otherthanto the extent a referral agency's response provides advice, comply with the all referralagency responses and include conditions exactly as stated in the response.
The Departmentof State Development, Manufacturing, Infrastructure and Planning, as aConcurrenceAgency, has assessed the impact of the proposed development in regards todevelopment in a state controlled road environment.
ConcurrenceAgency responsedated 30 January 2019 and referenced as 1810-8032SRA.
ConcurrenceAgency responsewIll be attached to Council's Decision Notice for DA18062.
SCHEDULE5- ADVICE
Currency Period - Pursuant to section 85 of the PlanningAct 2016 the approvalwill lapseif the 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 thisdevelopment application within the applicant's appeal period under the processestablished in chapter3, part 5, subdivision 1 of the Planning Act 2016.
The Planning Act 2016 provides for a person to make a change to this developmentapplication outside the applicant's appeal period, following the process outlined in chapter3, part 5, subdivision 2 of the Act.
Separate development approval is required for any building work and plumbing/drainagework necessitated 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 lawfulinstruction from Council's Operations Department if in Council's opinion a dust nuisanceexists.
The rights of applicants to appeal to a tribunal or the Planning and Environment Courtagainst decisions about a development application are set out in chapter 6, part 1 of thePlanning Act 2016. For particular applications, there may also be a right to make anapplication for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).
Landownersare responsible for the construction and maintenance of any vehicularaccessfor the property, from the road carriageway to property boundary in accordance withCouncil's standards.
This development approval is for the proposed dwelling house only. Any additionalstructures proposed may require their own planning approval and will be assessed on itsown merits
This approval has effect in accordancewith the provisions of section 71 of the PlanningAct 2016. (A copyofsection 71 will be enclosedwith the Decision Notice[
All building work is to comply with the provisions contained in the Building,Act: the BuildingRegulation, the Building Code of Australia, the Queensland Development Code andrelevant Australian Standards.
Biosecurity Queensland should be notified on 13 25 23 of proposed development(s)occurring in the Fire Ant Restricted Area before earthworks commence. it should be notedthat works involving movements of soil associated with earthworks may be subject tomovementcontrols and failure to obtain necessary approvals from Biosecurity Queenslandis an offence.
It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours toBiosecurity Queenslandon 13 25 23.
The Fire Ant Restricted Area as well as general information can be viewed on the DAFwebsite www.daf.qld.qov.au/fireants
All due diligenceand reasonable precautionarymeasures are to be undertaken before 'anyactivity' may harm Aboriginal Cultural Heritage on the site.
All works shall be carried out in accordance with the Workplace, Health and SafetyAct(asamended) and the workplace Health and Safety Regulation (as amended).
All OperationalWork is to comply with relevantcodes for design and construction.
Construction hours are 6:30am to 6:30pm Monday to Saturday, with no work to beundertaken on Sundays or public holidays. Noise levels from construction work shall at alltimes comply with the requirements of the Environmental Protection Act 1994-"
t ALL WORXMANSHjPAND.MATERIALSSHALLCOMPLYWITHAS3D:2(01.2.ALLSLOCK5:511ALLKAVEA MENrMUMCOMPRESSNESTRENGTHOF12MPaUNO.3 ALLHORTARSHAll [0N515TOFPORTLANDCEMENT,liTORATEDUMEAND
(6) To remove any doubt, it is declared that an appeal against aninfrastructure charges notice must not be about-(a) the adopted charge itself; or
(b) for a decisionabout an offset or refund-(i) the establishment cost of trunk infrastructure
identified in a LGIP; or
(ii) the cost of ihfrastructure decidedusing the methodincluded in the local government's charges
resolution.
230 Notice of appeal(1) An appellant starts an appeal by lodging, with the registrar of
the tribunalor 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 accompaniedby the requiredfee.
(3) The appellant or, for an appeal to a tribunal, the registrar,must, within the service period, give a copy of the notice ofappeal to-(a) the respondent for the appeal; and
(b) each co-respondentfor the appeal; and
(c) for an appeal about a development application underschedule 1, table 1, item 1--eachprincipalsubmitter forthe development application;and
(d) for an appeal about a change application under schedule1, table 1, item 2-each principal submitter for the
change application; and
(e) each person who may elect to become a co-respondentfor the appeal, other than an eligible submitter who is
not a principal submitter in an appeal under paragraph(c) or (d); and
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(f) for an appeal to the P&E Court-the chief executive;and
(g) for an appeal to a tribunalunder anotherAct-any otherperson who the registrarconsiders appropriate.
(4) The service period is-(a) if a submitter or advice agency started the appeal in the
P&E Court-2business 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-respondentmust state the effect of subsection (6).
(6) A person elects to be a co-respondentby filing a notice ofelection, in the approved form, within 10 business days afterthe notice of,appeal is given to the person.
(7) Despite any other Act or rules of court to the contrary, a copyof a notice of appeal may be given to the chief executive. byemailing the copy to the chief executiveat the email address
stated on the department'swebsitefor this purpose.
231 Otherappeals(1) Subject to this chapter, schedule. 1 and the P&E Court Act,
unless the Supreme Court decides a decision or other matterunder this Act is affectedby jurisdictional error, the decisionor matter is non-appealable.
(2) The JudicialReviewAct 1991, part 5 applies to the decisionormatter to the extent it is affected by jurisdictional error.
(3) A person viho, but for subsection (1) could have made an
application under the JudicialReview Act 1991 in relation tothe decisionor matter, may applý under part 4 of that Act for a
statement of reasons in relation to the decisionor matter.
(4) In this section-decision includes-
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[s 232]
(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 decisioh or the failure to make adecision; and
(d) a purported decision; and
(e) a deemed refusal.
non-appealable, for a decision or matter, means the decisionor matter-(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 Court, another court, anytribunal or another entity; and
(c) is not subject to any declaratory, injunctive or otherorder of the Supreme Court, anothercourt, any tribunalor anotherentity on any ground.
232 Rules of the P&E Court(1) A person who is appealing to the P&E Court rnust 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.
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PlanningAct 2016 Planning Ac12016
Schedule1 Schedule1
Schedule 1 Appeals
section229
1 Appeal rights and parties to appeals(1) Table 1 states the matters that may be appealed to-
(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) operationalwork associated with building work, a
retaining wall, or a tennis court; or .
(b) a provisionof a development approval for-(i) a material'change of use for a classified building;
or(ii) operationalwork.associated with building work, a
retainingwall, or a tennis court; or
(c) if a developmentpermit was applied for-the decisionto give a preliminary approvalfor-(i) a material change of use for a classifiedbuilding;
or
(ii) operational work associatedwith building work, a
retainingwall, or a tennis court; or(d) a development condition if-
(i) the development approval is only for a materialchange of use that involves thé use of a buildingclassilled under the Building Code as a class 2building; and
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(ii) the building is, or is proposedto be, not more than3 storeys;and
(iii) the proposeddevelopmentis for not more than 60
sole-occupancyunits; or(e) a decision for, or a deemed refusal of, an extension
application for a developmentapprovalthat is only for a
material change of use of a classifiedbuilding; or
(f) a decision for, or a deemed refusal of, a changeapplication for a developmentapproval that is only for a
material change of use of a classifiedbuilding;or(g) a matterunder this Act, to the extent the matter relates to
the Building Act, other than a matter under that Act thatmay or must be decidedby the QiieenslandBuilding andConstructionCommission;or
(h) a decision to give an enforcementnotice-(i) in relation to a matter under paragraphs (a) to (g);
or
(ii) under the Plumbing and DrainageAct; or(i) an infrastructure charges notice; or(j) the refusal, or deemed refusal, of a conversion
application; or(1) ,a matterprescribed by regulation.
(3) Also, table 1 does not apply to a tribunal if the matterinvolves-(a) for a matter in subsection(2)(a) to (d)-
(i) a development approval for which the development
application required impact assessment;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,under a variation approval, ofa matter for the development.
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. Planning Act 2016
Schedule 1Schedule 1
(4) Table 2 states the matters that may be.appealed only to the
P&E Court.
(5) Table 3 states the matters that may be appealed only to thetribunal.
(6) In each table-(a) column 1 states the appellantin the appeal; and
(b) column 2 statesthe respondent in the appeal; and
(c) column 3 states the co-respondent(if any) in the appeal;and
(d) column 4 states the co-respondents by election (if any)in the appeal.
(7) If the chiefexecutivereceives a notice of appeal under section230(3)(f),the chief executivemay elect to be a co-respondentin the appeal.
(8) In this section-storey see the Building Code, part A1.1.
Table 1
Appeals to the P&E Courtand, for certainmatters, to a tribunal1. Development applicationsFor a developmëntapplicationother than a developmentapplicationcalled in by theMinister, an appealmay be made against.--(a) the refusal of all or part of the developmenï application;or(b) the deemedrefusal of the developmentapplication;or(c) a provisionof the development approval;or(d) if a developmentpermitwas applied for-thedecision to givea preliminary
approval.
Table 1Appealsto the P&E Court and, for certain matters, to a tribunal
Column I Column2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondent
(if any) by election (ifany)
The applicant The assessmentmanager
If the appealis about Iaconcurmaceagency's referralresponse-theconcurrenceagency 2
3
4
A concurrenceagency that is
not aco-respondent
If a chosenassessmentmanager is therespondent-theprescribedassessmentmanager
Any eligibleadviceagencyfor theapplicationAny eligiblesubmitterfor theapplication
2. Change applicationsFor a change applicationother than a changeapplicationmade to the P&E Court or calledin by the Minister, an appeal inaybe.madeagain?t-(a) the responsibleentity's decisionon the change application; or(b) a deemed refusalof the changeapplication.
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Schedule 1Schedu!e 1
Table 1Appealsto the P&E Court and, for certain matters, to a tribunal
Column 1 Column2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election(ifany)
1 The applicant The responsible2 Ifthe 7
responsibleentity is theassessmentmanager-anaffected entitythat gave a
pre-requestnoticeorresponsenotice
Ifan affected entitystarts the
appeal-theapplicant
1 A concurrenceagency for thedevelopment
application2 If a chosen
assessmentmanager is therespondent-theprescribedassessmentmanager
3 A privatecertifierfor thedevelopmentapplication
4 Any eligibleadviceagencyfor the changeapplication
5 Anyeligiblesubmitter for thechangeapplication
3. ExtensionapplicationsForan extensionapplicationother than an extensfori applicationcalled in by the Minister,an appeal may be made against-(a) the assessmentmanager's decision on the extension application; or(b) a deemed refusal of the extension application.
Table 1Appealsto the P&E Court and, for certain matters, to a tribunal
other than adeemedrefusalof an extensionapplication-aconcurrenceagency,otherthan the chiefexecutive, forthe application
If a concurrenceagency starts.theappealwheapplicant
If a chosenassessmentmanageris the
respondent-theprescribedassessmentmanager
4. Infrastructurechargosnotices
An appeal may be made againstan infrastructurechargesnotice on 1 or more of thefollowing grounds-(a) the notice involvedan error relatingto--
(i) the applicationofthe relevant adoptedcharge; orExamples oferrors in applyingan adoptedcharge-
? the incorrect applicationof gross floor area for a non-residential development
? applying an incorrect'use category', under a regulation,to the development
(ii) the workingout ofextra demand,for section 120; or(iii) an offsetor refund; or
(b) there was no decisionabout an offset or refund;or(c) if the infrastructurechargesnotice states a refund will be given-the timing for
giving the refund;or(d) for an appeal to the P&E Court--the amount of the chargeis so unreasonablethat no
reasonablemlevant local governmentcouldhave imposed tlle amount
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Schedule 1 Schedu!e 1
Table 1Appealsto the P&E Courtarxi, for certainmatters, to a tribunal
Column 1 Column2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondent
(if any) by election(ifany)
The person given the The localinfrastructure governmentthatgavecharges notice the infrastructure
chargesnotice
5. ConversionapplicationsAn appeal may be madeagainst-(a) the mfusalof a conversion application; or(b) a deemedrefusal of a conversion application.
Column 1 Column2 Column.3 " Column4
Appellant Respondent Co-respondent Co-respondent
(if any) by election(ifany)
The applicant The localgovernmentto whichthe conversionapplicationwasmade
6..EnforcementnoticesAn appeal may be made against the decision to give an enforcement notice.
Column 1 Column2 Column 3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
The person giventhe The enforcementenforcementnotice authority - If the enforcement
authorityis not thelocal government forthe premises inrelation to which theoffence is alleged tohave happened--thelocal government
Table2Appealsto the P&E Court only
i s Appeals from tribunalAn appeal may be made againsta decisionof a trlbunal,other than a decision undersection252, on the groundof-(a) an erroror mistake in law on the part of the tribunal;or(b) jurisdictionalerror.
Column 1 Column 2 Column3 ? Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (if ..
any)
A party to the Theotherpartyto the .
proceedingsfor the proceedings for thedecision decision
2. Eligible submitterappealsFor a development applicationor changeapplicationotherthan an applicationdecidedbythe P&E Courtor called in by the Minister,an appeal may be made against the decisionto approve the application, to the extent the decisionrelates to-(a) any part of the development applicationor changeapplication that required impact
assessment;or(b) a variationrequest.
Column 1 Column2 Column 3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election(ifany)
1 Fora 1development
applicationwneligiblesubmitter for thedevelopmentapplication
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Schedule1Schedule1
Table 2 Table 2Appealsto the P&E Courtonly Appealsto the P&E Courtonly3. Eligibic submitter and eligible advice agencyappeals
For a developmentapplicationor change applicationother than an applicationdecidedbythe P&E Courtor called in by the Minister, an appealmay be made against a provisionofthe developmentapproval, ora failure to includea provisionin the developmentapproval, to the extent the matterrelates to-(a) any part of the development applicationor changeapplicationthat required impact
2 For a changeapplication-aneligiblesubmillerfor thechangeapplication
3 An eligibleadviceagencyfor thedevelopmentapplication orchangeapplication
For a 1
development 2application-theassessmentmanager
For a changeapplication4heresponsibleentity
Theapplicant AnothereligibleIf the appeal is submitter for the
about a applicationconcurrenceagency'sreferralre?ponse-theconcurrenceagency
4. CompensationclaimsAn appeal maybe madeagainst-(a) a decision under section 32 about a compensationclaim; or(b) a decisionunder section 265 about a claim for compensation;or(c) a deeined refusal of a claim under paragraph(a) or (b).
Column 1 Column 2 Column 3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election(ifany)
A person dissatisfied The local
- --with the decision government to whichthe claimwas made
5. Registered premisesAn appeal maybe madeagainsta decisionof the Minister underchapter 7, part4.
Column I Column 2 Column3 Column4
Appellant Respondent Co-respondent Co-respondent
(if any) by election(ifany)
1 A persongiven a The Minister -- If an ownerordecision notice occupierstarts theabout the appeal-theownerofdecision the registered
2 'If the decision is premisesto registerpremisesorrenew the
registrationofpremises---anowneroroccupierofpremises in theaffected area forthe registeredpremiseswhoisdissatisfied withthedecision
6. Local laws
An appeal may be made against a decisionof a local govemment, or conditionsapplied,under a local law about-(a) the use of premises,other thana use that is the natural and ordinary consequenceof
.prohibiteddevelopment; or(b) the erection of a building or other structure.
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Table 2Appealsto the P&E Court only
Column I Column2 Column3 Column 4Appellant Respondent Co-respondent Co-respondent
(if any) by election(ifany)
A person who- The local
(a) applied for thedecision; and
(b) is dissatisfiedwichthedecisionor conditions.
Table 3Appealsto a tribunal only
1. Buildingadvisoryagèncÿappeals
An appeal may be madeagainst giving a developmentapproval for buildingwork to theextent the buildingwork required code assessmentagainst the buildingnssessmentprovisions.
Column 1 Column2 Column3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
A buildingadvisory The assessmentagency for the nïanagerdevelopmentapplicationrelated tothe approval
The applicant 1 A concurrenceagency for thedevelopmentapplicationrelated to the
.approval2 A private
certifier for thedevelopment
applicationrelated to theapproval
Table 3Appeals to a trlbtinal only
2. Inspectionof building workAn appeal maybe made against a decisionof a buildingcertifier,or referral agency aboutthe inspectionofbuildingwork that.is the subjectof a building development approvalunder the Building Act.
Column I Column2 Column 3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
The applicant for the The person whodevelopment made the decisionapproval
3. Certain decisions under the Building Act and the Plumbingand Drainage ActAn.appeal may be niade against-(a) â decision under the Building Act, otherthana decisionmadeby the Queensland
Building and ConstructionCommission, if an information notice aboutthe decisionwas given or required to be given under that Act; or
(b) a decision under the Plumbingand Drainage Act, part4 or5, if an informationnoticeabout the decision was givenor required to be giventinder that Act.
Column 1 Column 2 Column3 Column4
Appellant Respondent Co-rospondent Co-respondent
(if any) by election (ifany)
A person who The person who - -received,or was made the decisionentitledto receive, aninformation noticeabout the decision
4. Local govemmentfailure to decide applicationunder the BuildingActAn appeal maybe made againsta local govemment's failure to decidean applicationunder the BuildingAct within the period requiredunder that Act.
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Table 3
Appeals to a tribunal only
Column 1 Column2 Column3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
A person who was The localentitled to receive governmentto whichnoticeof the decision the applicationwas
