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Decision Notice - Approved by Delegation of Authority - MCU25 0067 (As Published)
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU25/0067
Your Reference: 240930
14 August 2026
J Haines
C/- Town Planning Alliance Pty Ltd
PO Box 7657
EAST BRISBANE QLD 4169
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 7 August 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0067
Street address: 23 Bottlebrush Ave, Noosa Heads Qld 4567
Real property description: Lot 140 RP 88934
Planning Scheme: Noosa Plan 2020 (Amendment 2 - 25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Rooming Accommodation (16 units)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 9 August 2032, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Where there is any conflict between the conditions of this approval and the details shown on
the approved plans and documents, the conditions of approval prevail.
4. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Operational Works.
Plan No. Rev. Plan/Document Name Date
- - - -
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
DA03 3 Site Plan – Proposed prepared by Studio Workshop 20.04.2026
Architects
DA06 3 Materials and Finishes prepared by Studio 20.04.2026
Workshop Architects
DA100 2 Ground Floor Plan prepared by Studio Workshop 20.04.2026
Architects
DA101 2 First Floor Plan prepared by Studio Workshop 20.04.2026
Architects
DA102 2 Second Floor Plan prepared by Studio Workshop 20.04.2026
Architects
DA103 2 Third Floor Plan prepared by Studio Workshop 20.04.2026
Architects
DA104 3 Roof Plan prepared by Studio Workshop Architects 20.04.2026
DA105 2 Typical Unit Detail Plan prepared by Studio 20.04.2026
Workshop Architects
DA200 4 North Elevation prepared by Studio Workshop 20.04.2026
Architects
DA201 4 South Elevation prepared by Studio Workshop 20.04.2026
Architects
DA202 4 East Elevation prepared by Studio Workshop 20.04.2026
Architects
DA203 3 West Elevation prepared by Studio Workshop 20.04.2026
Architects
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DA300 3 Site Section – Sheet 01 prepared by Studio 20.04.2026
Workshop Architects
DA301 3 Cross Section – Sheet 01 prepared by Studio 20.04.2026
Workshop Architects
DA400 3 Perspectives – Sheet 01 prepared by Studio 20.04.2026
Workshop Architects
DA401 3 Perspectives – Sheet 02 prepared by Studio 20.04.2026
Workshop Architects
SK002 C Landscape Concept Plan – Ground Floor Planting 20 Apr
Plan 2026
Amendment 1 All windows along the side and rear elevations are to achieve a minimum
windowsill height of 1.7 metres, unless fitted with translucent glazing,
opaque or similar.
Amendment 2 Reorientate the balconies of Units 3, 4, 8 and 9 to face Bottlebrush
Avenue to improve the development's streetscape presence and reduce
overlooking opportunities to adjoining properties.
Amendment 3 Provide northwest–southeast sectional plans demonstrating potential
overlooking from balconies, and revise the balcony mitigation treatments
for Units 2, 5, 7, 10, 13 and 15 accordingly, ensuring balcony functionality
is maintained and no additional gross floor area is created
Amendment 4 Incorporate a gate and fixed screen treatment to the car parking area to
soften the development’s built form.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
5. The approved use must operate in accordance with the following requirements:
a. None of the sixteen (16) accommodation units are to function as self-contained
dwellings. Each unit must rely on the approved communal facilities for services such
as cooking and/or laundry.
b. The minimum tenancy period for each accommodation unit is six (6) months.
c. The development must be operated in accordance with the Operational Management
Plan prepared by Town Planning Alliance, as amended from time to time to the
satisfaction of the Responsible Authority.
Building Height
6. The maximum height of the development must not exceed 12 metres above the ground level.
7. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
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Performance Bond
8. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational 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 to effect compliance with conditions.
Street Identification
9. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Building Appearance
10. External design features, materials and finishes must be as shown on the Approved Plans
(refer to approved Materials and Finishes Palette), with no inclusions or alterations made
without approval in writing by Council.
11. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
12. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures, except where required to satisfy any privacy
condition of this Decision Notice.
13. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
14. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
15. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Protection of Privacy
16. In accordance with Condition 4, all windows along the side and rear elevations are to achieve
a minimum windowsill height of 1.7 metres, unless fitted with translucent glazing or
adequately screened by landscape plantings.
17. In accordance with Condition 4, the upper-level balconies located on the northwestern and
southeastern elevations of the building must include either balcony planter boxes, non-
transparent balustrading (in addition to the detailed vertical screening), positioned in such a
way to obscure direct views into the habitable room windows or private open space areas of
the adjoining property.
Amenity
18. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
19. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm
each night.
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Waste Management
20. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management Code.
The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
Community Management Statement
21. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
22. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where there is a Development Permit for Material Change of Use for Short Term
Accommodation in effect.
Landscape Works
23. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. The works shown on the approved Landscape Concept Plans;
b. Provision of 1 street tree within the road reserve for every 8 metres of road frontage.
24. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
25. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
26. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
Retention of Existing Trees
27. All works must be carried out under the supervision of a qualified person* in accordance with
sections 9 and 10 of the Arborist Report listed within this Decision Notice.
*(Refer to Advisory Note)
28. Prior to the issue of an operational works approval, a bank guarantee or a bond of $5000
must be lodged as security for the protection of the tree/s identified for retention in sections
9 and 10 of the Arborist Report listed within this Decision Notice. The bond:
a. may be drawn upon by Council in its entirety any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
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29. All trees and vegetation identified for retention must be protected in accordance with
AS 4970, Protection of trees on development sites.
External Works
30. Bottlebrush Ave must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an operational works approval, and must include in
particular:
a. construction of a pedestrian footpath where permissible by a suitably qualified arborist
and in accordance with the conditions of this Decision Notice;
b. removal of the existing property access and reinstatement of the kerb, footpath and
verge area to match the balance of the site frontage, including the provision of topsoil
and turf where the existing verge is grassed.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
31. A sealed access driveway must be provided from Bottlebrush Ave to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with MPN Consulting’s Civil
Work Plan (DA.03 Rev A) dated 19/05/2026, and must include in particular:
a. a driveway crossover in accordance with Council Standard Drawing RS-051.
Car Parking
32. A minimum of 6 car parking spaces and 8 motorcycle spaces must be provided and marked
on the site. The works must be undertaken in accordance with an operational works approval,
and must include in particular:
a. all parking spaces within the total, which are clearly marked for that purpose and
accessible at all times for visitor use;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle infrastructure must be provided as part of the development. These
works are to be designed and constructed in accordance with an operational works approval
and must include, but are not limited to, the following:
a. A pedestrian footpath along the full frontage of the site to Bottlebrush Ave, to be located
within the road reserve in accordance with the recommendations of the Arborist Report.
The final alignment and design of the footpath must be prepared by a suitably qualified
arborist to minimise impacts on existing vegetation and trees, and must be endorsed
as part of the Operational Works approval.
Condition 33 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
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Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with MPN Consulting’s Civil Work Plan (DA.03 Rev A)
dated 19/05/2026 and Stormwater Management Plan (10256 Rev A) dated 22/05/2025, and
must include in particular:
a. Rainwater storage for reuse, in accordance with Noosa Council’s Planning Scheme
Policy 5 - Sustainable Building Design.
Condition 34 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
35. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
36. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
37. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
38. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
39. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
40. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
41. All works must be carried out in accordance with the recommendations contained in PTG
Consulting’s Geotechnical Investigation Report (PTG/01059-0001 Rev 0) and dated
06/05/2025.
Earthworks and Retaining Walls
42. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval, be generally in accordance with MPN Consulting’s Bulk Earthworks Plan &
Sections (DA.01 & DA.02 Rev A) dated 19/05/2025, and contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to Council.
43. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
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Damage to Services and Assets
44. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
PTG/01059-0001 0 Geotechnical Investigation Report, prepared by PTG 06/05/2025
Consulting
10256 A Stormwater Management Plan, prepared by MPN 22/05/2025
Consulting
RH2601-90 A Waste Management Plan, prepared by Rhodium 23/03/2026
Environmental
DA.01 A Bulk Earthworks Plan, prepared by MPN Consulting 19/05/2025
DA.02 A Bulk Earthworks Sections, prepared by MPN 19/05/2025
Consulting
DA.03 A Civil Works Plan, prepared by MPN Consulting 19/05/2025
SK001 C Landscape Concept Plan – Coversheet & Drawing 20 Apr 2026
Index
SK002 C Landscape Concept Plan – Ground Floor Planting 20 Apr 2026
Plan
SK003 C Landscape Concept Plan – First Floor Planting Plan 20 Apr 2026
SK004 C Landscape Concept Plan – Second Floor Planting 20 Apr 2026
Plan
SK005 C Landscape Concept Plan – Third Floor Planting Plan 20 Apr 2026
SK010 C Landscape Concept Plan – Planting Species 20 Apr 2026
Schedule, Images & Notes
6. REFERRAL AGENCIES
Not applicable.
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7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Submission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plan to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU25/0067; separate to any Operational Works application.
To avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted a minimum of 10 days prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the applicant is
advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Development Compliance Inspection
5. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
6. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
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Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Qualified Person
8. A Qualified Person, for the purpose of undertaking, supervising tree works and preparing
arboriculture certification, is considered to be a person with a minimum three years current
experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide
to assessment of tree quality (NATSPEC) assessment and either:
a. International Society of Arboriculture (ISA) certification; or
b. A Diploma of Arboriculture.
Retention of Existing Trees
9. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Building and Construction Industry (Portable Long Service Leave) Levy
10. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
11. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Construction Management Plan
12. A Construction Management Plan must be submitted with the Operational Works application
and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works External Works, Stormwater, Drainage Work,
Earthworks, Landscaping.
Development Permit for Building Works All building work.
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11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
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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