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Other Change Decision Notice - Council Meeting Decision 51998 2462 07
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: 51998.2462.07
Your Reference: 0501
20 August 2024
EJL Property Investments P/L
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Applicant
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 16 August 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51998.2462.07
Street address: Noosa Blue
501/16, 502/16 and 503/16 Noosa Dr, Noosa Heads
Real property description: Lot 302, Lot 208 and Lot 301 SP 120748
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 1 June 1988
• Town Planning Consent 12585 TC – Multiple Dwelling (64 Units) Conference facility and
vehicle hire premises.
In relation to the request to make an Other Change to the existing approval, Council on 16
August 2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the Other Change application
B. Amend the approval type as follows:
• Development Permit for a Material Change of Use for –
o Multiple Dwelling (65 Units) as defined by the 1990 Schedule to the Planning
Scheme; and
o Indoor Sport & Recreation (Yoga Studio & Health Spa), Shop, Office and
Food and Drink Outlet as defined by the Noosa Plan 2020.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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C. Amend conditions 1 and 9.
D. Include additional conditions 54, 55 and 56.
E. Delete conditions 10, 11 and 13.
3. CURRENCY PERIOD OF APPROVAL
The relevant period for this development approval is in accordance with that stated in the
Decision Notice/Negotiated Decision dated 1 June 1988, unless an application to extend the
period is approved by Council under s 383 of the Sustainable Planning Act 2009.
4. ASSESSMENT MANAGER CONDITIONS
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
For Lot 4 - WD-07E, 07AE, 08E, 09E, 10E, 11E, 13E, 15E, 17E, 18D, 30E, 31D, 32D,
34D and 34aD, prepared by Noel Robinson Architects and dated July, 1998
For Lot 12 - DA - 04, 05, 11 and 12 prepared by Noel Robinson Architects and dated
March, 1998
WD02.00 - Pergola Plan prepared by DesignInc Brisbane 05/02/2004
WD03.00 - Section Plan prepared by DesignInc Brisbane 05/02/2004
- - Manager’s Unit Extension & Night Office prepared 19/11/2015
by RG Strategic
Application No. 51998.2462.07
1 - Lot 208 – Layout Plan - Annotated by Council Not dated
2 - Lot 301 – Layout Plan - Annotated by Council Not dated
3 - Lot 302 – Layout Plan - Annotated by Council Not dated
2. The plans submitted for Building Approval are to comply with the following
requirements:-
a. No spa baths are permitted at the roof top level. Spas must be spa pools only.
b. Adequate provision for people with disabilities as required by the Building Code of
Australia.
c. Smoke detectors in each unit.
d. Fire Hydrants to be installed as required by State Fire Services.
e. No roofing or other means of covering is permitted over the rooftop terrace level.
(Pergola structures are permitted). Access to this area shall be by means of
staircases from the balconies of the units below.
f. No roofing is permitted of the “Breezeway” area.
g. The two bedroom unit proposed on Lot 12 must not be let as two units and must
be designed accordingly.
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h. The storage area above the Manager’s unit, shown on drawing WD-18D is to be
deleted.
i. The design of the Porte Cochere must have a clearance of 4.1 metres over the
driveway, to allow for the passage of refuse vehicles.
j. The vehicle hire premises/airconditioning building is to be roofed in a design
sympathetic to other roof structures proposed for the site.
k. The developer is advised to meet with Council’s Building Department staff, prior
to lodging an application for a Development Permit for building works.
3. Provision of at least 104 off-street carparking spaces, comprising 102 covered spaces
and 2 uncovered spaces, and access thereto which are to be provided with a sealed
pavement and designed, drained, constructed and maintained in accordance with the
Planning Scheme, Australian Standard 2890.1 1993 edition, Council's Policies and to
the reasonable satisfaction of the Shire Engineer. Plans and specifications for these
works are to be submitted to the Shire Engineer for approval in conjunction with the
Building Application. In this regard, a grease/oil arrestor is to be installed in the wash
down bay to ensure that polluted run off does not enter Council’s stormwater drainage
system. A Building Approval shall not be granted until the Shire Engineer has approved
of the carparking and access scheme.
All carparking designs and grades shall conform with Australian Standard 2890.1 1993
edition.
The pavement and kerb below the Porte Cochere is to be widened to improve the
capability of this area to allow for two vehicles to park under the Porte Cochere and for
the passage of vehicles over the remainder of the driveway.
4. There is to be no detrimental effect upon the amenity of the neighbourhood by reason
of the creation of excessive noise, lighting nuisance or other emissions.
5. No pile driving is permitted to be undertaken on Lot 12 on RP 122292 (fronting Natasha
Avenue).
6. The construction work force shall be directed to park their vehicles in an area nominated
by the Shire Engineer. The developer shall comply with any reasonable directions from
the Shire Engineer, in regard to compliance with this condition by contractors involved
in the construction.
7. Parking and off loading of vehicles for construction purposes shall be carried out in
accordance with the requirements and directions of the Shire Engineer. During the
construction period, building materials, plant, etc shall not be stored on any footpath so
as to cause a nuisance to pedestrian traffic. All directions from the Shire Engineer on
this matter shall be complied with.
8. Any crane operated on the site for a period of more than five (5) days shall be powered
by electric motors only.
9. Staff of the complex are to be permitted to park on site in specially marked bays. The
management of the complex are not to direct staff to park off site.
10. Deleted.
11. Deleted.
12. No carparking areas are to be used for purposes (including any temporary storage of
goods or equipment) other than carparking.
13. Deleted.
14. All pool pumps and servicing equipment shall be located away from nearby residential
buildings on adjoining sites and shall be adequately soundproofed.
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15. 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 to be
submitted to and approved by the Shire Planner, prior to the issue of a Building Approval.
Such landscaping is to be completed in accordance with the approved landscape plan,
prior to the premises being occupied and maintained at all times thereafter to the
reasonable satisfaction of the Shire Planner.
No clearing is to take place until the landscaping plans are approved.
The developer shall also undertake landscaping works in the adjacent footpath area.
16. Existing trees on the site and within road reserves are to be retained, except where
required to be 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 proposed to be retained.
In particular, the existing trees in the vicinity of the common boundary with the “Caralina”
units site, shall be retained where those species accord with Council’s Landscaping
Policy.
17. Construction work and other associated activities are permitted only during the hours of
7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays,
except where extended hours are approved by the Building Surveyor.
18. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
19. All separate, adjoining lots that form part of this application are to be amalgamated into
one undivided lot, prior to the issue of a Building Approval.
20. Payment of contributions in accordance with Council's Policy on Water Supply and
Sewerage Headworks.
Please note that the headworks charges will alter in accordance with Price Index
variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives:-
a. Payment to be made prior to the issue of a Building Approval in the amount
calculated under the Policy at that date; or
b. Payment may be deferred to a date:-
c. prior to Council sealing plans of the development for titling purposes;
d. prior to the issue of a Certificate of Classification for any building approved under
this application; or
e. prior to commencement of the approved use at the relevant premises;
f. whichever is the sooner. Payment of deferred headworks contributions shall also
be subject to the following requirements:-
g. Submission of a trading bank guarantee to the value of headworks assessed at
the time prescribed by the Local Government (Planning and Environment) Act
1990, plus 20%, prior to Building Approval;
h. Headworks shall be calculated as the value of headworks assessed at the time
prescribed by the Local Government (Planning and Environment) Act 1990, plus
interest charged at the rate set by the Queensland Treasury Corporation for Local
Government borrowings as they apply to Noosa Shire. The interest rate used shall
be the rate current at the "time prescribed" above;
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i. Should the contributions not be paid at the due time, Council shall call upon the
security lodged; and
j. in the case of a building permit, if a permit expires the securities held will be
returned.
21. Construction of roadworks, drainage and footpath improvements across the full
frontages of the development to the satisfaction of the Shire Engineer. Such works shall
involve the construction of kerb and channel, bitumen widening, associated drainage,
hot mix correction to the existing pavement, where required and footpath upgrading
works. The developer will be required to construct frontage works in Noosa Drive in
accordance with the proposed Hibiscus Avenue/Noosa Drive roundabout and Council
Plan No. 8438 for the proposed upgrading of the Noosa Hill traffic layout. To determine
the required layout, the developer’s consultant is to liaise directly with Council’s
Engineering design staff. In this regard, plans prepared by a registered Civil Engineer
are to be submitted to and approved by the Shire Engineer, prior to the issue of Building
Approval.
The developer shall contribute an amount of $85,000.00, which is estimated to be half
the cost of construction of the Hibiscus Avenue/Noosa Drive roundabout, estimated at
$170,000.00. Such an amount shall be paid, prior to the issue of a Building Approval.
22. The footpath across the Noosa Drive frontage of the site is to be upgraded by the
provision of a 1.2 metres wide concrete footpath and the landscaping of the remaining
area to the standards and requirements of the approved landscaping plan. The
applicant is to contact Council's Engineering Department to determine the footpath
alignment prior to the commencement of any works. A meandering footpath is desirable.
23. The developer is to provide for a geotechnical report which addresses the depth and
extent of excavations, associated earthworks and proposed methods of construction.
This report is to be prepared by a registered civil engineer and submitted for appraisal
by Council’s nominated geotechnical consultant and for approval by the Council Building
Surveyor.
A certification shall be submitted by the Developer’s structural engineer, with a check
certificate from an independent firm of structural engineers, confirming the adequacy of
the structure to preform to conditions on the site to the satisfaction of the Building
Surveyor.
24. The developer shall be responsible for the control of erosion and sediment export from
the site.
Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary. The applicants shall be required to
submit an Erosion and Sediment Control Plan with the Building Application. This plan
is to be approved by the Development Engineer, prior to the issue of the building
approval.
25. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external
to the site.
26. Connection to Council's existing water supply and sewerage reticulation systems at the
developer's expense to the standards and requirements of Council's Shire Engineer.
27. The developer is required to redirect all sewerage which currently is connected to the
Council manhole located at the south western boundary of the site (MH NH05/32/04) to
the sewer manhole located on the western boundary of Lot 4 on RP 122292
(MH05/18/02). A plan outlining these works is to be submitted to Council for approval
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by the Shire Engineer. All works and connections are to be completed to Council’s
Engineering Standards and to be paid for by the developers.
28. The developer shall provide metered water connections from the water supply system
to the proposed development, in accordance with Council's standards and to the
satisfaction of the Shire Engineer.
29. Roof and surface water is to be collected on site and is to be discharged into existing
drainage located in the streets below the subject site. The developer shall investigate
the capacity of the existing drainage system and any upgrading required shall be at the
developers expense.
A Building Approval shall not be granted until the Shire Engineer has approved of the
drainage scheme. Prior to the submission of an application for Building Approval, the
developer is to investigate the adequacy of Council’s existing stormwater drainage
system to cope with additional runoff from the proposed development. In this regard, a
report prepared by a registered Civil Engineer is to be submitted to and approved by the
Shire Engineer, prior to the issue of a Building Approval. Any works recommended in
the approved report, are to be constructed at the developer’s expense, to the satisfaction
of the Shire Engineer.
The stormwater collection system shall ensure that there is no unreasonable discharge
of stormwater into the site of the “Caralina” units adjoining the subject site.
30. Submission of two (2) sets of professionally drawn scale plans in compliance with
Council’s Code controlling food establishments and bar for approval by Council’s
Environmental Health Officer, for any food premises proposed to be included in the
development. Approval is to be obtained prior to fitting out the building.
31. An annual licence is to be obtained under the Food Hygiene Regulations of 1989 from
Council’s Health Department.
32. Provision of approved refuse containers in accordance with requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the
satisfaction of Council’s Environmental Health Officer.
33. Provision of an imperviously paved area to accommodate all refuse and recycling
containers to the reasonable satisfaction of Council’s Environmental Health Officer. This
area is to be aesthetically screened from any road frontage or adjoining property
boundary and is to be set back a distance of two (2) metres from any road frontage. A
suitable hosecock, hoses and approved drainage outlet to Council’s sewer, are to be
located in the vicinity of the refuse container area for washing containers.
34. Any flat or unit intended to be let out for fee or reward is to be licensed annually with
Council’s Health Department in accordance with the provisions of Chapter 43 of
Council’s By-Laws prior to such letting.
35. The swimming pool shall be licensed annually with the Council’s Health Department in
accordance with the provisions of Chapter 42 of Council’s By-Laws.
36. Provision of separate toilet facilities for patrons, in addition to staff toilet facilities in
accordance with the Building Code of Australia.
37. Comply with provisions of Trade Waste Policy and obtain a Permit to discharge Trade
Waste for the conference facility.
38. As of March 1997 this development will be subject to an Approval under “Part 1 -
Preliminary, s.2 (5) of the Environmental Protection (Interim) Regulations of 1995.
This approval will be required for Environmentally relevant activities of Schedule 1 s.38
and s.39, as shown below:-
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Land development and construction activities
38. Land Development - clearing (other than for agricultural purposes) or reclaiming land
having an area of more than 20,000m²
39. Construction of premises or engineering structures - constructing or demolishing -
(a) residential premises (other than a class 1 or 2 building, containing not more than
2 dwelling units, or a class 10 building, under the Standard Building Law) or commercial
or industrial premises ..........................
(b) bridges, roads or other engineering structures (other than roads, bridges or other
engineering structures on rural properties used for primary production or road
maintenance or repairs .................................
Any applicant submitting a building application for an above mentioned environmentally
relevant activity as of 1 January 1997 shall concurrently submit an application for
approval to Council’s Health Department.
39. Additional Condition
Airconditioning units shall be located in a manner which prevents noise disturbance
beyond the subject land.
40. Additional Condition
From the 31 January 1999, a requirement will exist to apply under the Environmental
Protection Act (EPA) for an approval to undertake the development of building works
(both construction or demolition) for residential purposes in excess of two dwelling units.
41. Additional Condition
All liquid waste produced by the non-residential section of the development is to be
treated as required under the Noosa Trade Waste Policy and to the satisfaction of
Council’s Trade Waste Officer, prior to release to the sewer. Approval of the Trade
Waste requirements is to be obtained by the developer, prior to the issue of a
Development Permit for Building Works.
42. Additional Condition
The electrical sub-station indicated adjacent to the Noosa Drive frontage of the site on
drawing WD13E, is not approved in that location. The sub-station must be located a
minimum of 1.0 metre from the property boundary and a 1.0 metre minimum landscaped
area is required in this part of the site.
43. All plant associated with the conference facilities and vehicles hire business shall be
situated within the building and shall be located as to prevent noise disturbance beyond
the subject land.
44. Waste water from the vehicle hire wash area shall be discharged to Council’s sewer and
not to stormwater and a trade waste permit is required. In this regard, a grease/oil
arrestor is to be provided in the car wash. A Building Approval shall not be granted until
the Shire Engineer has approved of the drainage scheme.
45. The footpath and setback areas are to be kept clear of goods, signs and street furniture
not approved by Council.
46. Where S.E.Q.E.B. require provision of a transformer, a pad mounted transformer,
together with access is to be located on site to the satisfaction of S.E.Q.E.B., the Shire
Engineer and Shire Planner. The transformer is not to be located within landscaped
areas unless approved by the Shire Planner.
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47. Submission of a cash bond or trading bank guarantee to the sum of $100,000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or
trading bank guarantee will be returned upon performance of the conditions of approval,
except for a sum of $10,000 that shall be retained for a period of 12 months after the
use commences to ensure compliance with conditions for that period.
48. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval to effect compliance with conditions.
49. The development approved under this permit, may not start until the developer has
obtained the following associated Development Permits:-
a. Development Permit for building works.
b. Development Permit for plumbing and drainage works.
c. Development Permit for operational works of landscaping, carparking and access.
d. Development Permit for reconfiguring a Lot.
Additional Conditions 06/07/04
50. Existing trees located along the southern and eastern peripheries of the pool area are
to be retained.
51. The roofed area is to remain for the exclusive use of guests using the swimming pool,
pool bar and associated facilities.
52. Prior to the commencement of development, the following Development Permits must
be obtained:-
a. Development Permit for Building Works
Additional Conditions 06/01/16
53. The caretaker accommodation indicated on the plans titled Manager’s Unit Extension &
Night Office dated, 19/11/2015 prepared by RG Strategic must be used for management
purposes only and not for visitor accommodation purposes.
Additional Conditions - 51998.2462.07 – 15 August 2024
54. The Food & Drink Outlet must not:
a. operate outside the hours of:
i. 7am to 10pm Sunday to Thursday
ii. 7am to Midnight Friday and Saturday
b. Include outdoor dining in excess of 30m2.
55. The Food & Drink Outlet must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the surrounding properties. In this regard, where
a complaint (other than a frivolous or vexatious complaint) is made to Council about
noise from the approved use areas, Council may require the operator or site
management entity to have a suitably qualified acoustic consultant undertake a Noise
Impact Assessment (NIA) in accordance with the Environmental Protection (Noise)
Policy 2008. The NIA report must be submitted to Council for endorsement which
outlines the findings and recommendations of the NIA. The recommendations must be
implemented.
56. The Indoor Sport and Recreation Use must not operate outside the hours of 6:00am to
9:00pm, 7 days a week.
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5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Infrastructure Charges
1. 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-
development/development-tools-guidelines/infrastructure-charges
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 Building Works All building work
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 on
line at www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully,
Patrick Murphy
Manager, Development Assessment
Development Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 25 November 1998.
• Decision Notice - Minor – 28 November 1998, with an amendment to conditions 1, 2, 3 7 30 & additional conditions 39, 40,
41 & 42.
• Decision Notice – Minor – 6 July 2004 – Approve Plans WD02.00 & WD03.00 and included additional conditions 50, 51 &
52.
• Decision Notice – Minor – 6 January 2016 – Change to condition 1 included additional Conditions 53.
• Decision Notice – Other Change – 15 August 2024 - with an amendment to the Development Permit details and conditions1
& 9, additional conditions 54 & 56 and deletion of conditions 10, 11 & 13.
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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
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
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 (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or 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 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
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 (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(5) If an appeal is only about a referral agency’s response, the
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
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. 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 (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. 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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