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SUPERSEDED - Minor Change Existing Approval 131999.982622.5
Officer: Lisa Pienaar
Direct Telephone: 07 53296514
Our Reference: 131999.982622.5
Your Reference: 16131
20 March 2018
The Trust Company (Australia) Limited
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
.
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 28 September 2017, requesting a minor change to an existing
development approval. Council decided your requested changes on 15 March 2018.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 131999.982622.5
Street address: 4 – 24 Gibson Road Noosaville Qld 4566
Real property description: Lot 1 SP 115778
Planning Scheme: The Noosa Plan (3 July 2017)
2. DECISION DETAILS
Council on 28 September 1995 resolved to approve the following type of approval:
Application No. Type of Development
R 453 Rezone to Special Facilities (Shopping Centre and Carpark) Zone
In relation to the request for extensions, Council on 11 November 1999 decided to approve
the requested extensions.
Application No. Type of Development
131999.982622 Additions to Shopping Centre
(16286 DA)
In relation to the request to make a change to a Development Approval, Council on 17
November 2004, decided to approve the requested change. The changes are detailed
below.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Application No. Type of Development
131999.982622.2 Change to Development Approval – New Toiletsl
A. The approved plans to comprise those numbered DA02 Issue B, DA03 Issue A, DA04
Issue B, prepared by Husband Leith Architects and dated 1 July 2004.
B. Include conditions. Refer to the conditions below.
In relation to the request to make a change to a Development Approval – Addition of Shade
Structures & Landscaping, Council on 15 September 2006, decided to approve the
requested change.
Application No. Type of Development
131999.982622.3 Change to Development Approval - Addition of Shade Structures &
Landscaping
Refer to Conditions below.
In relation to the request to make a change to a Development Approval – Infill of Shade
Structures, Council on 2 November 2006, decided to approve the requested change.
Application No. Type of Development
131999.982622.4 Change to Development Approval – Infill of Shade Structures
Refer to Conditions below.
In relation to the request to make a minor change to the existing approval, Council on 15
March 2018, decided to approve the requested changes. The changes are detailed below.
Application No. Type of Development
131999.982622.5 Minor Change to Development Approval
A. Agree to change conditions 14, 15, 26, 27 and 29
B. Refuse to amend condition 23
C. Include new conditions 37, 38 and 39, 40 & 41
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 4 years starting the day that the original
development approval took effect.
4. ASSESSMENT MANAGER CONDITIONS
BUILDING
1 The plans submitted for a Development Permit for building works are to comply with the
approved plans.
2 An identification survey of the subject site is to be carried out by a Licensed Surveyor and is
to be submitted to Council at the time of foundation inspection or immediately thereafter.
Such survey shall set out the boundaries of the site and the position of the buildings on the
site.
3 A verification survey is to be undertaken on the building by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
minimum required floor level, or the maximum building height above natural surface, required
by the provisions of the Town Planning Scheme.
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HEALTH
4 All liquid waste produced by commercial section of the development is “Trade Waste” and is
to be treated as required under the Noosa Trade Waste Policy prior to release to sewer.
5 A trade waste permit is required to discharge each type of trade waste. The hydraulic
drawings are to show all the trade waste requirements in accordance with Noosa Trade
Waste Policy
6 Approval of the Trade Waste requirements are to be obtained as part of the building approval
process.
7 Waste requirements are required to be in place, inspected and approved prior to the
commencement to trading or operation. The appropriate Trade Waste Permits will be issued
following the necessary approvals.
8 Refuse containers must be provided in accordance with requirements of the Environmental
Protection (Interim Waste) Regulations 1996 for the storage and collection of refuse to the
satisfaction of Council’s Manager of Environmental Health.
9 All refrigeration plant, including motors, shall be situated within the building or suitably
provided with noise reduction and shall be located as to prevent disturbance beyond the
subject land in accordance with the Environmental Protection (Noise) Policy.
10 Air-conditioning units shall be located in a manner, which prevents noise disturbance beyond
the subject land in accordance with the Environmental Protection (Noise) Policy.
11 The developer must provide separate toilet facilities for patrons, in addition to staff toilet
facilities in accordance with the Building Code of Australia.
12 In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed
where it could reasonably be expected to move into a roadside gutter, stormwater drain or a
water course. On the spot fines apply for such offences.
13 The developer must upgrade the existing refuse bin storage area in order to ensure it is
sufficient in size to accommodate all refuse and recycling containers to the reasonable
satisfaction of Council’s Environmental Health Officer. This area is to be aesthetically screed
from any road frontage or adjoining property boundaries. A suitable hosecock, hoses and
approved roof drainage outlet to Councils sewer, are to be located in the vicinity of the refuse
container area for washing containers.
LAND DEVELOPMENT
14. At least 278 off-street car parking spaces (including 31 spaces on the adjoining hotel site -
Lot 2 on RP842280) shall be provided with at least 6 of the spaces suitable for use by persons
with disabilities within close proximity to the main access to the retail areas and signed
appropriately. Some of these spaces must be converted to provide for 8 motorcycle/scooter
spaces. Access thereto shall be via a bitumen sealed or concrete pavement.
The car parking spaces and associated manoeuvring areas shall be in accordance with
Australian Standard AS2890.1-1993 with respect to dimension and gradient for User Class
3 and User Class 4 for the disabled spaces.
15. The proposed carpark layout shall generally be in accordance with the approved plans.
16. All carparking shall be kept maintained and line-marked in a condition fit for use to the
reasonable satisfaction of the Manager - Land Development. All markings and signs required
to delineate the direction of travel shall be included on the plans for operational works.
17. A contribution of $11,400 toward roadworks external to the site shall be paid prior to the issue
of a Development Permit for Building Works relating to this permit. The amount of the
contribution shall be adjusted in accordance with changes to the Consumer Price Index, All
Groups Brisbane from March 2000 up to the date of payment.
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18. Roof and surface water is to be collected on site and is to be discharged in accordance with
Council’s Engineering Design Standards. A Development Permit for Building Works shall
not be granted until a Development Permit for Operational Works has been issued in regard
to the drainage scheme.
19. The existing concrete footpath along Gibson Road adjacent to the new retail extensions shall
be extended along the frontage of the site to the proposed pedestrian crossing within the car
parking area. A Development Permit for Operational Works shall be obtained prior to the
commencement of any works. Footpath and property alignment levels may be obtained from
the Works Inspector-Development upon request.
20. The concrete footpath is to be designed and constructed to ensure pedestrian safety using
non-slip materials and to produce an evenly graded surface finish.
21. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28
and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates as at December 1999, under the current policies is as follows:-
Water Supply $2,168
Sewerage $2,913
______________________
TOTAL: $5,081
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively, a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
22. Alteration of any public utility or other facilities necessitated by the development of the land
or associated construction works external to the site shall be at no cost to Council.
23. Minimum Floor Heights for the development shall be in accordance with the Planning
Scheme at the time of issue of the Building Permit.
24. Fill levels in accordance with Council’s Noosaville Master Drainage Plan will be provided on
application to Council's Works Department. If any filling works are required on the site, they
shall be carried out in accordance with Section 3.8 of Council's "Engineering Design
Standards" manual. No earthworks or filling works are to be undertaken until issue of a
Development Permit for Operational Works -Filling.
25. To protect the environment against siltation/sediment export or soil erosion as a result of this
development, an erosion and sediment control plan shall be submitted in conjunction with
any Development Permit for Operational Works. Site control measures such as silt fencing,
controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior
to commencement of Operational Works and/or Building Works, all physical site control
measures shall be installed, and the plan adhered to.
Prior to commencement of Operational Works a $2,000 site control bond is required to be
lodged with the Council to ensure compliance with this condition.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
this condition or any additional inspections incurred for substandard work or works
undertaken not in accordance with this permit.
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Land Use
26. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan Name Date
DA.01 4 Site Plan (as annotated), drawn by Thomson 23.08.2017
Adsett
DA.02 2 Demolition Plan, drawn by Thomson Adsett 15.08.2017
DA.03 3 Proposed floor plan (as annotated), drawn 23.08.2017
by Thomson Adsett
17BRT0143 D Sheet 1 of 3 Recommended traffic modifications – site 29.11.2017
plan, (as annotated) drawn by TTM
Consulting Pty Ltd
17BRT0143.02 D Sheet 2 of 3 Recommended traffic modifications – 29.11.2017
northern area, drawn by TTM Consulting Pty
Ltd
17BRT0143.02 D Sheet 3 of 3 Recommended traffic modifications – 29.11.2017
southern area (as annotated), drawn by TTM
Consulting Pty Ltd
17BRT0143.03 A Sheet 1 of 1 Recommended traffic modifications – 29.11.2017
Southern area – B99 vehicle sweep paths,
drawn by TTM Consulting Pty Ltd
27. The total use area of the development is 4,568m2
28. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
29. The colour scheme for the development is to be generally in accordance with the approved
plans.
30. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter to
the reasonable satisfaction of the Manager Land Use.
The road reserve to the frontage of Gibson Road, is to make provision for dense trees and
shrubs that will assist in screening the development from the view of Gibson Road. This is to
include trees and shrubs of a minimum of 100 litre pot size. Furthermore, additional
landscaping is to be provided where possible beside the proposed building extension
between the pedestrian access and the building.
31. Existing trees on the site and within road reserves are to be retained, except where removed
due to building operations or the conduct of the approved use. The landscape plans referred
to above are to denote areas of existing vegetation or existing trees to be retained.
32. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
33. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit.
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34. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
35. This Development Permit for a material change of use of premises lapses if:-
35.1 the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
35.2 the use of any premises pursuant to the Development Permit ceases.
36. Prior to the commencement of development, the following Development Permits must be
obtained:-
36.1 Development Permit for building works;
36.2 Development Permit for Operational Works for landscaping, carparking, access,
stormwater drainage and frontage works;
The developer must obtain all of the other Development Permits referred to above, prior to
obtaining a Development Permit for building works, unless the Council agrees otherwise.
37. Fixed bicycle parking capable of holding 20 bicycles is required to be located at the main
public access points to the centre.
38. The site is required to upgrade existing landscaping which must be landscaped in
accordance with an Operational Works approval.
39. All works associated with the upgrading of the car park must be done in conjunction with
an Operational Works approval. Note: Operational works for carparking and landscaping
must be lodged with Council at the same time for a complete assessment.
40. The outdoor dining area as shown on Plan 17BRT0143.02, Rev D on Sheet 2 & 3 must
not be defined with concrete bollards. This area should be defined by landscaping in
planting boxes or the like and designed in such as manner to ensure patrons are
separated from traffic movement. Plans of the outdoor dining area must be submitted as
part of an Operational Works application.
41. Recycle bins must be provided for use of patrons within the centre and in the car parking
area.
Conditions relating to 131999.982622.2 – Change to existing approval (New Toilets –
Approved 17/11/2004
1. Two additional trees endemic to the locality having a bag size of 100 litres shall be planted
to the Gibson Road frontage of the site to assist in screening the proposed additional car
space and building.
2. Carparking shall be provided within the site as shown on drawing number 1102-DA02-B
dated 1 July 2004 by Husband Leith Architects, except as modified herein.
3. The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for
user class 3A with allowance for vehicles to enter and leave the site in a forward gear.
4. All carparking shall be kept, maintained and line-marked in a condition fit for use.
Conditions relating to 131999.982622.3 – Change to existing approval – Addition of Shade
Structures & Landscaping – Approved 15/09/2006:
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and numbered:-
1.1. Engineering Layout Plan, Drawing No. 05.06.38-001 A prepared by Accord Designs
Pty Ltd and dated June 2006;
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1.2. Elevations, Drawing No. 05.06.38-002 A prepared by Accord Designs Pty Ltd and
dated June 2006;
1.3. Typical Elevation and Fabrication Layout Plan, Drawing No. 05.06.38-005 A prepared
by Accord Designs Pty Ltd and dated June 2006;
1.4. Annotated Site Plan (Stage 1 only) Drawing No. B1001/DD3 Issue C prepared by
Loucas Zahos Architects and dated August 2006;
and as may be amended by these conditions.
2. The infill panel of shade cloth and support cables between the two shade structures are not
approved and shall not be constructed.
3. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
4. Existing trees on the site and within road reserves are to be retained. Further additional
planting shall be provided in the existing garden beds adjacent to the shade structures to
replace vegetation that has been removed for the central shade structures and to buffer the
visual dominance of the structures, as detailed below:-
4.1. Central shade structure –
4.1.1. southern garden bed – 2 x 45L native species and native grasses at 300mm
centres to fill the garden bed;
4.1.2. northern garden bed – 2 x 45L native species and native grasses at 300mm
centres to fill the garden bed;
4.2. Eastern Shade Structure –
4.2.1. southern and northern garden beds – native grasses at 300mm centres to fill
the garden beds.
The 45L native species shall include either of the following plants – Syzygium Cascade,
Callistemon Eureka, Callistemon Taree Pink, Callistemon Endeavour, Acmena smithii or
Backhousia myrtifolia.
The native grasses shall include either of the following species – Lomandra longifolia,
Dianella caerulea or Isolepsis nodosa.
5. The area within the diamonds surrounding the posts of the centre shade structures shall be
treated with materials such as paving etc.
6. The shade structures must be covered with pervious material only.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call upon the
bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Land Development
Car Parking
8. The proposed shade structures shall be constructed such that they do not impede the
existing carapaces and aisle to such an extent that they no longer comply with AS/NZS
2890.1:2004 for user class 3A.
9. The shade structures shall be designed and constructed to provide a minimum head
clearance (headroom) at any point of 2.3m.
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10. The proposed structural column type C4 as shown on Drawing No. 05.06.38-005A prepared
by Light Weight Structures dated June 2006 shall be designed and constructed to be clear
of the design envelope around a parked vehicle as indicated in Figure 5.2 of AS/NZS
2890.1:2004.
11. The proposed shade structures and supporting columns shall not impede the existing surface
stormwater runoff of the site or interfere with the existing stormwater drainage system of the
site.
12. The lighting within the car parking area shall be maintained in accordance with AS/NZS 1158.
Erosion and Sediment Control
13. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
General
14. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
15. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
16. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Further Permits Required
17. Prior to the commencement of development, the following Development Permits must be
obtained:-
17.1. Development Permit for Building Works.
ADVICE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONDITIONS OF
APPROVAL.
1. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
1.1. On a Sunday or public holiday, at any time; or
1.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
2. This approval is for Stage 1 only and includes the shade structures over the car parking
spaces in the centre of the site and the row of car parking spaces adjacent to the western
side of the existing shopping centre building. Should further shade structures and/ or
alterations to the existing landscaping be proposed, a further approval to change the existing
approval will be required.
Conditions relating to 131999.982622.4 – Change to existing approval – Infill of Shade
Structure – Approved 2/11/2006
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are titled and numbered:-
1.1. Engineering Layout Plan, Drawing No. 05.06.38-001 A prepared by Accord Designs
Pty Ltd and dated June 2006;
1.2. Elevations, Drawing No. 05.06.38-002 A prepared by Accord Designs Pty Ltd and
dated June 2006;
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1.3. Typical Elevation and Fabrication Layout Plan, Drawing No. 05.06.38-005 A prepared
by Accord Designs Pty Ltd and dated June 2006;
1.4. Annotated Site Plan (Stage 1 only) Drawing No. B1001/DD3 Issue C prepared by
Loucas Zahos Architects and dated August 2006;
and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
3. Existing trees on the site and within road reserves are to be retained. Further additional
planting shall be provided in the existing garden bed in the central isle at the Gibson Road
entrance to the site to buffer the visual dominance of the infill structure, as detailed below:-
3.1. 1 x 100L MELALEUCA quinquenerva with a clean truck (for clear sight lines) located
in the middle of the central aisle and 6 metres from the Gibson Road end of the aisle.
4. The infill shade structure must be covered with pervious material only.
5. Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be
submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for building works. The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call upon the
bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Land Development
Car Parking
6. The infill shade structures shall be designed and constructed to provide a minimum head
clearance (headroom) at any point of 2.3m.
7. The minimum available clearance within the car parking aisle that is covered shall be
signposted in accordance with AS/NZS 2890.1:2004 at each entrance to the covered car
parking aisle. The signage shall include appropriate warning devices such as flexible striker
bars to clearly indicate the minimum available height and be constructed of suitable materials
to minimise the damage to vehicles should they come into contact with the signs.
8. The lighting within the car parking area shall be maintained in accordance with AS/NZS1158.
Erosion and Sediment Control
9. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
General
10. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
11. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
12. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Further Permits Required
13. Prior to the commencement of development, the following Development Permits must be
obtained:-
13.1. Development Permit for Building Works.
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5. REFERRAL AGENCIES
Not Applicable.
6. ADVISORY NOTES
Infrastructure Charges
This Change to an Existing Approval dated 15 March 2018 will trigger an “Infrastructure Charge
Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the
planning legislation and regulations current at the time of issue.
7. PROPERTY NOTES
Not Applicable
8. VARIATION APPROVAL DETAILS
Not Applicable
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Building Works
Development Permit for Operational Works (Access, Carparking and Landscaping)
10. SUBMISSIONS
Not Applicable
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Kerri Coyle
Manager Development Assessment
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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