Decision Notice

Page 2

1. Details of the approval

This application is not taken to have been approved (a deemed approval) under section 64(5) of the Planning Act 2016.

The following approvals are given:

 

Planning Regulation Development Preliminary
2017 reference Permit Approval

 

Carrying out building work (assessable under the Building Act 1: 975) Schedule 9, part 1

 

 

 

 

 

2. Variation approva! details — Not applicable

3. Conditions
This approval is subject to the conditions in Attachment 1.

4. Further development permits
Please be advised that the following development permits are required to be obtained before the development can be carried out:
* NIL
5. Properly made submissions — Not applicable
6. Referral agencies for the application — N/A

7. Environmental authority — Not applicable

8. Other requirements under section 43 of the Planning Regulation
Material Change of Use Ref: MCU17/0526 Issued By: Noosa Council Dated: 2" November 2017

9. Approved plans and specifications

 

 

Drawing/report title | Prepared by Date | Reference no: Version/issue

 

 

Aspect of Development: Building Works - Attached stamped plans and documentation including red marked up conditions

 

 

10. Currency period for the approval (s.85)

Two (2) years

11. When approval lapses if development started but not completed—preliminary approval to which a variation
approval applies

Permit will expire if no work commences after 2 years of issue. If work has commenced within 2 years but not
completed and finalised within 2 years of issue the permit will lapse in accordance with section 88 of PA.
Please note after 5 years of permit final or lapsing the file will be disposed of and no records will remain at SBA
office. Archival records will still be available at your local council.

12. INSPECTION REQUIREMENTS:

The Applicant / Builder shall be responsible to arrange with Suncoast Building Approvals or the approved competent person (where indicated
by RPEQ) for the following mandatory inspections indicated below: Note:- Suncoast Building Approvals must be requested to sign off the first

inspection (footing or slab as applicable) prior to proceeding past this stage.

Foundation and excavation stage — before the footings are poured RPEQ & Cadastral Surveyor
Slab Stage — before the concrete is poured RPEQ & Cadastral Surveyor
Frame Stage — reinforced masonry construction — before the wall cavities are filled (if applicable) RPEQ

Frame Stage — generally before the cladding or lining is fixed SBA

Final Stage — at the completion of all aspects of the building work as required under the inspection SBA
guidelines Sect 26 of the Building Regulations 2006.

$BA2017-2468

Page 2

Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017

Page 3

13. Appeal rights

The rights of an applicant to appeal to a tribunal or the Planning and Environment Court against a decision about a development
application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make
an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Appeal by an applicant

An applicant for a development application may appeal to the Planning and Environment Court against the following:

the refusal of all or part of the development application

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 development application.

An applicant may also have a right to appeal to the Development tribunal. For more information, see schedule 1 of the Planning
Act 2016.

Appeal by a submitter
A submitter for a development application may appeal to the Planning and Environment Court against:

® any part of the development application for the development approval that required impactassessment
® a variation request.

The timeframes for starting an appeal in the Planning and Environment Court are set out in section 229 of the

 

Planning Act 2016.
Attachment 2 is an extract from the Planning Act 2016 that sets down the applicant's appeal rights and the appeal rights of a
submitter.
REFER TO PERMIT CONDITIONS ATTACHED
SBA2017-2468 Page 3

Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017

Page 4

Attachment 1—Conditions of the approval
Part 1—Conditions imposed by the assessment manager (Private Certifier)

1. AMENDED PLANS
If the building is to change from that shown on the approved plan then amended plans are required to be submitted for approval and the relevant
amended plan fee be paid.

2. BULK EARTHWORKS

Excavation work on a vacant property using unprotected embankments and adjacent to another allotment can be undertaken provided the top of a cut
batter and the toe of the fill batter is contained with the property boundary and the slope of the unprotected complies with the appropriate soil
classification slope ratio described in Table 3.1.1.1 of BCA Housing Provisions.

3. UNPROTECTED EMBANKMENTS

Retaining walls or other types of soil retaining methods must be installed where the slope ratio for cut and or fill is more than that described in Table
3.1.1.1 of BCA Housing Provisions. Embankments that are to be left exposed at the end of the construction works must be stabilised by vegetation
on similar works to prevent soil erosion.

4, RETAINING WALLS
Any retaining walls greater than 1.0m in height and not included on the approved plans, will require a separate Building Permit.

5. EXCAVATION FOR DRAINS ADJACENT TO FOOTINGS

Excavation work for drainage trenches adjacent to buildings can be undertaken provided the angle to determine the safe area for excavation is taken
from the bottom of the shallowest point of the footing and is in accordance with Figure 3.1.1.2 and the slope ratio complies with Figure 3.1.1.1 of BCA
Housing Provisions.

6. SURFACE WATER DRAINAGE BENEATH SUSPENDED FLOORS (IF APPLICABLE)
The ground beneath suspended floors must be graded so that the area beneath the building is above the adjacent external finished ground level and
surface water is prevented from ponding under the building Refer Figure 3.1.2.3 of BCA Housing Provisions.

7. SURFACE WATER DRAINAGE AROUND BUILDING

The external finished ground level surrounding the slab must be graded to a slope not less than 50mm over the first 1.0m from the building in
accordance with Figure 3.1.2.2 of BCA Housing Provisions. The appropriate slab height above the finished ground level and paving is dependent
upon the height of the overflow relief fully, the possibility of flooding from storm runoff and location of weepholes in the brickwork or termite protection
method. The finished ground level is to be a minimum of 150mm below the slab and all finished garden mulch and paving is to be kept below the
brickwork weepholes, and appropriate clearance for termite protection method used.

8. SUB-FLOOR VENTILATION (IF APPLICABLE)

The sub-floor space beneath the suspended floor of a building must be designed and constructed in accordance with Part 3.4.1.2 BCA Housing
Provisions. The sub-floor space is to be cleared of all building debris and vegetation be cross-ventilated with evenly spaced ventilation openings and
have not less then 150mm clearance between the ground surface and the underside of the iowest framing member. Ventilation is to be provided at a

rate not less than 7500mm /in for the length of wall. Refer Figures 3.4.1 Diagram A & B of BCA Housing Provisions for typical details.

9. TERMITE CONTROL

A method of termite control complying with AS 3660.1 2000 and Part 3.1.3 of the BCA Housing Provisions including Qld Amt is to be carried out

during construction which will involve either:

« Appropriate physical barriers as per Sections 4 — 7 of AS3660.1 2000 and table 3.1.3.1 Qld Amt of BCA Housing Provisions, or

« Combination of physical barrier to slab and chemical barrier to perimeter, or

¢ Chemical barrier under slab to AS3660.1 which does not involve hand spraying i.e. (reticulation system), or

¢ Primary building elements constructed of termite resistant materials as defined under Clause 3.1 Qld Amt of BCA Housing Provisions which are
structural elements and also door jambs, window frames, reveals architraves and skirtings.

The method of treatment must be clearly identified by at least two (2) permanent durable notifications fixed to the building in prominent location such

as meter box and a kitchen cupboard or the like.

10. TRUSS CERTIFICATE

At the time of the frame inspection, the builder is required to supply the Private Certifier (leave in metre box) with the design criteria used for the truss
design, a layout plan, fixing and bracing details and any other relevant information supplied by the truss manufacturer.

NOTE: If this information is not available at the frame inspection, the Private Certifier reserves the right to request an Engineers Certificate for the roof
framing and tie down.

11. POINT LOADS ON LINTELS

Alllintels and framing have been checked for uniform distributed loadings. Where girder trusses or other point loads are to be supported over lintels
and on verandah plates, sizes are to be confirmed by the truss manufacturer or structural engineer prior to the frame inspection and plans amended
accordingly.

12. WATER PROOFING WET AREAS & EXTERNAL WATERPROOFING MEMBRANES
Waterproofing of wet areas to comply with AS3740-2010. A certificate including bathrooms, WC & laundry from an approved waterproofing applicator
will be required before a final certificate can be issued.

External waterproofing membranes must comply with AS4654 Parts 1 & 2 and be certified by Form 16 by an approved applicator.

13. TANKING OF HABITABLE AREAS (BELOW GROUND)

All steps in floors where retaining walls have been installed or where retaining walls are used as external walls of habitable rooms are to be
waterproofed by an approved tanking system and installed by an accredited installer. The waterproof tanking system details are to be provided
together with applicator's details of accreditation prior to installation of tanking. The approved system is to then be certified for compliance upon
completion.

14. GUTTERS, DOWNPIPES & PIPE SIZES

Gutters, downpipes and locations as well as underground pipes are to be designed in accordance with Part 3.5.2 of BCA Housing Provisions, or
AS/NZS 3500 Parts 3 and/or 5.

To meet overflow provisions using slotted gutter with 1200mm? per meter of gutter with hip roof.

SBA2017-2468 Page 4
Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017

Page 5

~ Small gutter 5200mm? cross section (eg. Lysaght Quad 115) maximum 30m? per down pipe
~ Medium gutter 6300mm’ cross section (eg Lysaght Trimline) maximum 40m? per downpipe
~ Large gutter 7900mm’ cross section (Eg Lysaght 175 quad) maximum 50m? per downpipe

When gable or lean too roof additional overflow measures required such as a rainhead, or inverted nozzle will be required.

15. ROOFWATER DISCHARGE
All roofwater is to be discharged in accordance with the condition as shown on the approved plans and in any case shall not cause nuisance to
adjoining properties or the existing buildings on site.

16. STAIR CONSTRUCTION

All stairs are to be constructed in accordance with Part 3.9.1 of BCA Housing Provisions. Stairs are to have a maximum of 18 risers; Stepped quarter
landings must not have more than three winders; Riser openings must not allow a 125mm sphere to pass through between the treads; Minimum tread
dimension 240mm; Maximum riser 190mm and the slope relationship (2R&G) is to be between 550-700mm. All dimensions within the stair flight
must be constant throughout.

16A. SLIP RESISTANCE
Stair treads, landings where the edge leads to a flight below, or ramps must have a slip resistance classification or a nosing strip with a slip resistance
classification in accordance with Part 3.9.1 of BCA Housing Provisions.

17. HANDRAILS
Handrails required to at least one side of any stair greater than 1m in rise. As per part 3.9.2 of volume 2 BCA.

18. BALUSTRADES

Where the change in level from floor of balcony to ground surface or floor below is greater that 1 metre to balconies access paths and landings or the

like, the balustrades are to be constructed in accordance with Part 3.9.2 of BCA Housing Provisions. The balustrade must be constructed so that any

opening does not permit a 125mm sphere to pass through it and for stairs, the space is tested above the line of the nosings. Balustrade heights must

comply with the following minimum requirements:

« 865mm above the nosings of the stair treads

« 1000mm above the floor

¢ for floors greater than 4.0m above ground - the balustrading or other barrier between 150mm and 760mm above the floor must not
facilitate climbing.

e Wire balustrades where less than 4.0m above ground to comply with table 3.9.2.1 which includes less than 100mm spacing.

19. PROTECTION OF OPENABLE WINDOWS
Clause 3.9.2.5 of BCA Vol 2.
a) — Awindow opening must be provided with protection, if the floor below the window in a bedroom is 2m or more above the surface beneath.
b) Where the lowest level of the window opening is less than 1.7m above the floor, a window opening covered by (a) must comply with the
following:
i) The openable portion of the window must be protected with —
(A) a device to restrict the window opening; or
(B) a screen with secure fittings.
ii) | A device or screen required by (i) must —
(A) not permit a 125mm sphere to pass through the window opening or screen; and
(B) resist an outward horizontal action of 250 N against the-
(aa) window restrained by a device; or
(bb) screen protecting the opening; and
(C) have a child resistant release mechanism if the screen or device is able to be removed, unlocked or overridden.
c) A barrier with a height not less than 865mm above the floor is required to an openable window —
i) in addition to window protection, when a child resistant release mechanism is required by (b) (ii) (C); and
ii) for openable windows 4 m or more above the surface beneath if the window is not covered by (a).
d) — Abarrier covered by (c) must not-
i) permit a 125mm sphere to pass through it; and
ii) have any horizontal or near horizontal elements between 150mm and 760mm above the floor that facilitate climbing.

20. GLAZING
All glazing in buildings is to comply with the requirements of Part 3.6 of BCA Housing Provision and AS1288, and AS2047. A glazing certificate from
the manufacturer for compliance with AS1288, and AS2047 must be provided on completion .

21. TOILET DOORS.
Toilet doors are to open outwards or be fitted with lift-off hinges in accordance with Part 3.8.3.3 of BCA Housing Provisions.

22. SMOKE ALARMS

Smoke alarms must comply with AS 3786 and be connected to the consumer mains power and interconnected if more than one. Smoke alarms must
be located in accordance with Part 3.7.2.3 of the Building Code of Australia and Building Regulation 2006, Part 3A, Smoke alarms for domestic
dwellings.

23. CERTIFICATES
The following certificates by approved and accredited consultants are to be submitted to the Building Certifier for work that has been carried out in
compliance with:
¢ the approved design submitted or accredited system
« the requirements of the Building Code of Australia
« all relevant Australian Standards
The required certificates include:-
a) any structural inspection certificates;
b) glazing certificate for windows, glass doors and shower screens;
¢) waterproofing of wet areas, balconies, decks and retaining walls:
d) termite treatment;
e) truss criteria , layout and tie down details;
f} smoke alarm installation certificate;

$BA2017-2468 Page 5
Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017

Page 6

g) setout certificate if the footing inspection was not conducted by the Private Certifier;

h) certificate of compliance with Energy Efficiency Provisions of BCA Volume 2;

i) certificate of compliance with Part 4.1 QDC Sustainable buildings plumbing and electrical items.

j)_ certificate of compliance with Acoustic requirements, if applicable (notation will be on architectural plans if applicable)
k) surveyors certificate confirming minimum floor level, if applicable (notation will be on architectural plans if applicable)

24. DRIVEWAY
It is recommended that the driveway has a maximum grade of 1 in 5 with a transition area at the top and bottom. Transition areas should be
designed to prevent the underside of vehicles from scrapping, and compliance with relevant Local Government driveway / crossover standard details.

25. QUEENSLAND DEVELOPMENT CODE PART MP 4.1 SUSTAINABLE BUILDINGS

New Class 1 buildings are subject to water and energy efficiency measures, performance requirement (PR) 1, 3, 5, 6, 7, 8 respectively.
New sole-occupancy units of new Class 2 buildings are subject to water and energy efficiency measures, performance requirement PR 2, 4, 6-11
respectively.

a) Existing Class 1 buildings at time of renovation and / or other renovation are subject to water and energy efficiency measures PR 1, 3, 5

respectively.

Existing sole-occupancy units in existing Class 2 buildings at time of renovation and / or other renovation are subject to water and energy
efficiency measures PR 2, 4 respectively.

The following are acceptable solutions (A) for performance requirements (PR) mentioned above. The numbers of acceptable solutions (A)
correspond with the performance requirements (PR).
At. 1. Aclass 1 building, including an enclosed class 10a building attached to a class 1 building complies with:
a) parts 3.12.1, 3.12.2, 3.12.3, and 3.12.4 of the BCA 2010 (Volume 2) except, for buildings in climate zones 1 and 2, disregard 3.12.1.5(a) (i)
and (iii); or
b) _ verification using a reference building in accordance with V2.6.2.2 of the BCA 2010 (Volume 2); or
c) a software rating of not less than 6 stars; or
d) _ inclimate zones 1, 2 and 5, a combination of a software rating of not less than 4.5 stars and a nominal credit obtained under (2) to reach a
total of 6 stars; or
e) _ in climate zone 3, a combination of a software rating of not less than 5 stars and a nominal credit obtained under (2) to reach a total of 6
stars; or
f) part 3.12 of the BCA 2009 (Volume 2), where a nominal credit of not less than 1 star is obtained under (2)
2. For the purposed of (1)(d)-(f) the following nominal credits apply:
a) 0.5 star where a building includes an outdoor living area, the roof covering of which achieves a Total R Value of at least 1.5 downward heat
flow;
b) 1 star where a building includes an outdoor living area the roof covering of which achieves a Total R Value of at least 1.5 for downward heat
flow and the outdoor living area includes a permanently installed ceiling fan with a speed controller and a blade rotation diameter of not less than
200mm;
¢) 1 star where a building has a solar photovoltaic system of at least 1kW in capacity (maximum power output) installed.
A2. 1. The thermal performance of sole occupancy units in class 2 buildings complies with JV1 of the BCA 2009 (Volume 1) except that:
a) for JV1(a)(i) each sole occupancy unit has a software rating of not less than 4 stars and;
b) for JV1(a)(ii) the average software rating of all sole occupancy units is not less than 5 star; and
c) _ the deemed to satisfy provisions of Section J of the BCA 2009 (Volume 1) have no effect for sole occupancy units
2. For the purposes of calculating the average software rating under A2(1 )(b) of all sole occupancy units of a class 2 building in climate zones 4
or 2 the following credits apply towards the software rating for each sole occupancy unit;
a) 0.5 star where a sole occupancy unit includes an outdoor living area, the roof covering of which achieves a Total R Value of 1.5 for downward
heat flow; or
b) 1 star where a sole occupancy unit includes an outdoor living area that has at least one permanently fixed ceiling fan with a speed controller
and a blade rotation diameter of not less than 900mm and the roof covering achieves a Total R Value of 1.5 for downward heat flow
3. To achieve a credit under A2 (2)(b) an air-conditioner that services any room directly adjacent to an outdoor living area must automatically
shut down when an external door that provides access to the outdoor living area is open for more than,1 minute.
A3. Class 1 buildings, including a verandah, balcony or an enclosed class 10a building attached to a class 1 building, have:
a) _ artificial lighting that complies with Part 3.12.5.5 of BCA 2010 (Volume 2); or
b) Energy efficient lighting for a minimum of 80 percent of total fixed artificial lighting.
Ad. Sole occupancy units of class 2 buildings, including a verandah, balcony or an enclosed class 10a building attached to a class 2 building, have
energy efficient lighting for a minimum of 80 percent of total fixed artificial lighting
AS. A water heater in a hot water supply system can be an electrical resistance heater or any other type of heater.
A6. In class 1 and class 2 buildings, in areas serviced by water service provider, all shower rosees have a minimum 3 star Water Efficiency Labelling
and Standards rating
A7. In class 1 and class 2 buildings, in areas serviced by a water service provider, all toilets cisterns;
a) have a dual flush function and have a minimum 4 star Water Efficiency Labelling and Standards rating; and
b) are compatible with the size of the toilet bow! to allow for proper functioning of the toilet
A8.In class 1 and class 2 buildings, in areas serviced by a water service provider, tap ware with a minimum 3 star Water Efficiency Labelling and
Standards rating serves:
a) laundry tubs; and
b) _ kitchen sinks; and
¢) basins
AQ. Each meterable premises has an electricity sub-meter installed which measures only the electricity supplied to that meterable premises.
A10. The electricity sub-meter is:
a) _ installed in a common area; and
b) free of hindrance or obstruction to a person authorised to rear and/or maintain the electricity sub-meter
A11. A meter label identifying which meterable premises it is associated with is affixed or located adjacent to the electricity sub-meter for each
meterable premises.

26. STATEMENT OF INSPECTIONS - CLASS 1A & 10 STRUCTURES

Prior to the issue of the ‘Statement of Inspections’ for the completion of the structure, all siteworks in relation to Unprotected Embankment surface
water drainage around or under the building and retaining walls will need to be completed, all relevant requested certificates submitted to SBA and all
conditions of approval will need to have been complied with.

$BA2017-2468 Page 6
Planning Act Form 2 — Decision notice (approval)

Version 1.0—3 July 2017

Page 7

27. LOCAL AUTHORITY BONDS
If the Local Authority has bonds associated with Building Work and the Bond has not been lodged with SBA, then the applicant will be responsible to
ensure that the relevant bond is paid before work commences on-site.

28. STANDARD CONDITION
Itis the applicants responsibility to obtain the necessary approvals from the relevant authority for removal or damage to any vegetation, which may be
necessary in order to carry out the approved works.

29. BUSHFIRE CONDITIONS — AS AT 15" OCTOBER 2009

This site has been assessed under AS3959-2009 and determined that construction for the South, East and West elevations is to Bushfire Attack
Level 29 (BAL 29) complying with Sections 3 and 5 of Standard and construction for the North elevation is to Bushfire Attack Level 19 (BAL 19)
complying with Sections 3 and 6 of Standard is required (copy of sections attached). Your window and door manufacturer must be advised of this
Bushfire Attack Level for complying frames glazing and screens to be manufactured and installed. A certificate of compliance (Form 16) will be
required at final inspection.

COUNCILS ADVISORY CONDITIONS

1. HOURS OF WORK

Environmental Protection Agency requires:

A builder or building contractor must not carry out building work on a building site in a way that makes or causes audible noise to be made from the
building work-

a) Ona Sunday or public holiday, at any time; or

b) Ona Saturday or business day, before 6.30am or after 6.30pm.

2. SILT MANAGEMENT
Provision shall be made during the construction phase to ensure that no silt, other building waste or soil leaves the allotment. Retention devices such
as silt fences, straw bales or the like are required to be installed on-site.

3. ACCESS CHAMBERS
Where stormwater access chambers occur on-site they are to remain visible at all times. If an access chamber is required to be altered in height to
accommodate proposed site works, contact the relevant Council's Sewerage Department.

SBA2017-2468 Page 7
Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017

Page 8

ATTACHMENT 2

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court

(L) Schedule 1 states

(a) matters that may be appealed to-

(i) either a tribunal or the P&E Court; or

(ii) only a tribunal; or

(iii) only the P&E Court; and

(b) the person—

(@ who may appeal a matter (the appetiant); and

[s 229]

Planning Act 2016

Chapter 6 Dispute resolution

Page 200 Current as at 25 May 2016

Authorised by the Parliamentary Counsel

(ii) who is a respondent in an appeal of the matter;

and

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

(iv) who may elect to be a co-respondent in an appeal

of the matter.

(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is

(a) for an appeal by a building advisory agency—10
business days after a decision notice for the decision is
given to the agency; or

(b) for an appeal against a deemed refusal-—at any time
after the deemed refusal happens; or

(c) for an appeal against a decision of the Minister, under
chapter 7, part 4, to register premises or to renew the
registration of premises—20 business days after a notice

is published under section 269(3)(a) or (4); or

(d) for an appeal against an infrastructure charges
notice—20 business days after the infrastructure

charges notice is given to the person; or

(e) for an appeal about a deemed approval of a
development application for which a decision notice has
not been given—30 business days after the applicant

gives the deemed approval notice to the assessment
manager; or

() for any other appeal--20 business days after a notice of
the decision for the matter, including an enforcement
notice, is given to the person.

Note -

See the P&E Court Act for the court's power to extend the appeal
period.

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

[s 230]

Planning Act 2016

Chapter 6 Dispute resolution

Current as at 25 May 2016 Page 201

Authorised by the Parliamentary Counsel

(3) fan appeal is only about a referral agency’s response, the
assessment manager may apply to the tribunal or PRE Court
to withdraw from the appeal.

(6) To remove any doubt, it is declared that an appeal against an
infrastructure charges notice must not be about—

(a) the adopted charge itself; or

() for a decision about an offset or refund -

(Y the establishment cost of trunk infrastructure

identified in a LGIP; or

(ii) the cost of infrastructure decided using the method
included in the local government's charges

resolution.

230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of
the tribunal or P&E Court, a notice of appeal that--

(a) is in the approved form; and

(6) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee.

(3) The appellant or, for an appeal to a tribunal, the registrar
must, within the service period, give a copy of the notice of
appeal to—

(a) the respondent for the appeal; and

(b) each co-respondent for the appeal: and

(©) for an appeal about a development application under
schedule 1, table 1, item 1—each principal submitter for
the development application; and

(@) for an appeal about a change application under
schedule 1, table 1, item 2—each principal submitter for
the change application; and

(€) each person who may elect to become a co-respondent

$BA2017-2468

Jor the appeal, other than an eligible submitter who is

[s 231]

Planning Act 2016

Chapter 6 Dispute resolution

Page 202 Current as at 25 May 2016

Authorised by the Parliamentary Counsel

not a principal submitter in an appeal under paragraph

(c) or (a); and

@ for an appeal to the P&E Court-— the chief executive;
and

(2) for an appeal to a tribunal under another Act—any
other person who the registrar considers appropriate.

(4) The service period is—

(a) if a submitter or advice agency started the appeal in the
P&E Court—2 business days after the appeal is started;

or

(b) otherwise—10 business days after the appeal is started.
(3) A notice af appeal given to a person who may elect to be a
co-respondent must state the effect of subsection (6),

(6) A person elects to be a co-respondent by filing a notice of
election, in the approved form, within 10 business days after
the notice of appeal is given to the person.

231 Other appeals

(1) Subject to this chapter, schedule 1 and the P&E Court Act,
unless the Supreme Court decides a decision or other matter
under this Act is affected by jurisdictional error, the decision
or matter is non-appealable.

(2) The Judicial Review Act 1991, part 5 applies to the decision
or matter to the extent it is affected by jurisdictional error.
(3) A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1991 in relation to
the decision or matter, may apply under part 4 of that Act for
a statement of reasons in relation to the decision or matter.
(4) In this section -

decision includes --

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

[s 232]

Planning Act 2016

Chapter 6 Dispute resolution

Current as at 25 May 2016 Page 203

Authorised by the Parliamentary Counsel

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

(¢) the making of a decision or the failure to make a
decision; and

(@) a purported decision; and

(e) a deemed refusal.

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

(a) is final and conclusive; and

(B) may not be challenged, appealed against, reviewed,
quashed, set aside or called into question in any other

way under the Judicial Review Act 1991 or otherwise,
whether by the Supreme Court, another court, a tribunal

or another entity; and

(c) is not subject to any declaratory, injunctive or other
order of the Supreme Court, another court, a tribunal or
another entity on any ground.

232 Rules of the P&E Court

(1) A person who is appealing to the P&E Court must comply
with the rules of the court that apply to the appeal.

(2) However, the P&E Court may hear and decide an appeal even
if the person has not complied with rules of the P&E Court

Extract from Planning Act 2016 March 2016

Page 8
Planning Act Form 2 — Decision notice (approval)
Version 1.0—3 July 2017