Council archive · source document
Decision Notice - Approved by Delegation of Authority MCU24 0139 (As Published) · MCU24/0139
Officer: Andrew Gaffney
Direct Telephone: 07 5329 6245
Our Reference: MCU24/0139
Your Reference: 0657
23 July 2025
Delvyn Ringer Pty Ltd Tte
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 July 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0139
Street address: 7 Woodland Dr, Peregian Beach Qld 4573
Real property description: Lot 1153 SP 300041
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Research and technology industry and
Caretaker’s accommodation.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
RECOMMENDATION
With regard to Application No. MCU24/0139 for a Development Permit for Material Change of Use
- Research and technology industry and Caretaker’s accommodation situated at 7 Woodland Drive,
Peregian Beach approve the application subject to the following conditions:
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 16 July 2031 unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables 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
2.1 - Proposed Ground Floor - prepared by M 13.06.2025
design
Annotated by Noosa Council
2.2 - Proposed First Floor plan - prepared by M 13.06.2025
design
Annotated by Noosa Council
2.3 - Proposed Roof Plan - prepared by M design 13.06.2025
2.9 - Proposed Car parking - prepared by M 13.06.2025
design
Annotated by Noosa Council
4.1 - Elevations (north and east) – prepared by 13.06.2025
M design
4.2 - Elevations (south and west) – prepared by 13.06.2025
M design
Nature and Extent of Approved Use
4. The approved use must not operate outside the hours of 7am to 9pm Monday to Saturday
and not all on public holidays.
5. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays. The requirements of this condition must be included in the
Community Management Statement for any body corporate for the subject site.
6. The caretaker’s accommodation must be occupied by a suitably qualified person(s) directly
associated with the Research and technology industry use and be responsible for the
ongoing operation and maintenance of the building services, servers and cooling units. The
accommodation unit must not be separately used for any accommodation not associated
with the above.
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7. The research and technology use must include advanced manufacturing technologies,
servicing or research and analysis related only to one or more of the following employment
sectors and as defined in Table 1 below;
a) Digital economy
b) Creative Industries
c) Knowledge industries
d) Science, research and technology.
e) Environmental industries
f) Education and training
TABLE 1
Sector Examples
Digital economy For innovative and knowledge based industries that include
research into and production of computer and software, digital
technology including content, audio visual, media and digital media
including game developers, visual effect creators, web designs, film
and television, smart technology research and post production
activity.
Creative industries For innovative and knowledge-based activities that may include
visual arts; writing, small scale printing and publishing; music
composition, production and publishing; reproducing of recorded
media and small scale industrial design in studios or offices.
Knowledge For innovative and knowledge-based activities involved in the
industries manufacturing of and studying of health biotech, information
technology, aeronautical engineering, computer component
manufacturing, electronics software, material and textile science,
medical equipment, medical prosthetics and bionics, avionics,
neuroscience, and sports science technologies.
Science, research For research and development of block change and digital currency,
and technology Artificial Intelligence (AI), , robotics, and other emerging areas of
research, development, and technology.
Environmental Research into the conservation, prevention and control of global
industries food production and food security, small-scale renewable energy
research services and product development, climate change and
carbon trading with the development of understanding
environmental issues in a studio or office environment.
Education and Education and training where it is subordinate to one or more of the
training employment sectors identified in this Table.
Building Height
8. The maximum height of the development must not exceed 8.0 metres above the ground
level.
9. 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
10. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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
11. 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
12. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
13. 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.
14. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
15. All balustrades to decks and balcony areas must be open or transparent.
16. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
17. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
18. No part of the site may be used for outdoor storage of materials.
19. Waste storage areas, loading docks and outdoor service areas are screened by landscaping
or fencing and situated to the rear of the building.
Fencing and Walls
20. Any 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 within the Rufous
street setback must either:
a. not exceed a maximum height of 1.2 metres;
b. be of open construction.
21. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
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Landscaping
22. The development site must be landscaped in accordance with the Noosa Plan 2020 PSP2 –
Landscaping. 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. Landscape to all areas of garden bed identified on the referenced preliminary
landscape plan.
b. a 2.0 metre wide screening landscaping strip along the Rufous Street road frontage of
the subject site with no fencing located behind the landscape, exclusive of the access
driveway, generally uncompromised by infrastructure items
c. a 1.0 metre wide screening landscaping strip along the southern side boundary of the
subject site with fencing located behind the landscape, exclusive of the access
driveway, generally uncompromised by infrastructure items
d. a 1.0 metre wide vegetated screening of any electrical transformers, bin storage areas
and the like from the road frontage
e. Plant species selected from the Noosa Plan 2020 PSP2 – Landscaping
23. 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.
Waste Management
24. 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
25. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
Community Management Statement
26. 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.
27. 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 area for Building Services, Server and Cooling Units shown on the approved plans
must be included on the same lot as the Caretaker’s Accommodation and be operated
and maintained by the caretaker for the use of the office tenancies.
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Truncation
28. The north-western property boundary must be extended to the south-western property
boundary. The extended property boundary and the existing property boundary must be
truncated with a 6 metre by 3 chord generally in accordance with M Design’s Site Plan –
Proposed (1.1, Rev. D) dated 13 June 2025. The severed land must be dedicated to Council
as road reserve.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
External Works
29. Rufous Street 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, be generally in
accordance with M Design’s Site Plan (1.2, Rev. D) dated 13 June 2025 and must include in
particular:
a. construction of a 2.0m wide pedestrian footpath in accordance with the conditions of
this Decision Notice; and
b. truncation of the existing property boundary in accordance with the conditions of this
Decision Notice.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
30. A sealed access driveway must be provided from Rufous Street 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 M Design’s Site Plan (1.2,
Rev. D) dated 13 June 2025 and must include in particular:
a. a driveway crossover in accordance with RS-051.
Car Parking
31. A minimum of 7 car parking spaces and 2 motorcycle spaces must be provided and marked
on the site and made available and accessible at all times while the use is open for business.
The works must be undertaken in accordance with an Operational Works approval, be
generally in accordance with “Ground Floor Dwg: 202D” dated 26 February 2024, and must
include in particular:
a. 1 carparking space within the total, clearly marked the caretaker accommodation;
b. 1 disabled parking space/s within the total; and
c. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
32. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
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Pedestrian and Bicycle Facilities
33. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval, be generally in accordance
with M Design’s Site Plan (1.2, Rev. D) dated 13 June 2025 and must include in particular:
a. a 2.0-metre-wide footpath within the road verge for the entire length of the site’s
frontage to Rufous Street – the footpath:
i. may be reduced in width to a minimum of 1.8m, only in locations where a 2.0m wide
footpath would impede on minimum clearances from existing services and
infrastructure (i.e., bioretention basin) or create a trip hazard for pedestrians; and
ii. must be located to achieve maximum clearances from the existing bioretention
basin in Rufous Street and be wholly within Council's road reserve.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge in the Rufous Street road reserve. The works must be undertaken in accordance
with an Operational Works approval.
Easements
35. 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.
36. 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.
37. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
38. 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 and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
39. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
40. 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.
Damage to Services and Assets
41. 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:
b. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
c. 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.
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5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
1.1 D SITE PLAN – PROPOSED 13 June 2025
Prepared by M Design
1.2 D SITE PLAN 13 June 2025
Prepared by M Design
2.9 D PROPOSED – CARPARKING 13 June 2025
Prepared by M Design
2.11 C Preliminary Landscape Plan, prepared by, M 11/03/2025
Design
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1, Item response on 2
at https://prod2.dev- 1 (10.4.3.1.1) – December 2024
assess.qld.gov.au/suite Contaminated premises (Reference No. 2411-
/ (for assistance, (unexploded ordnance) 43501 SRA). A copy of
contact DILGP at 5352 (Planning Regulation the response is
9701 or attached
2017)
email:[email protected]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. Equitable Access and Facilities
a) 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);
1. the Anti-Discrimination Act 1991 (Queensland); and
2. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
2. 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.
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Infrastructure Charges
3. 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
4. Performance Bond Agreement 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.
Building and Construction Industry (Portable Long Service Leave) Levy
5. 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
6. 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 Preliminary Construction Management Plan
7. A preliminary 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.
Development Compliance Inspection
8. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
9. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
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10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Roadwork/ Frontage Works, Carparking and
access, Stormwater, Drainage work, Earthworks,
Landscaping, Signage
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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc. Referral Info – SEQNorthSARA - [email protected]
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2411-43501 SRA Delvyn Ringer Pty Ltd Tte C/- Pivotal Perspective Pty Ltd 4/59 Mary St Noosaville QLD 4568 [email protected] A consideration of the 23 fundamental human rights protected under the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. An applicant may make representations to a concurrence agency, at any time before the application decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Alice Davis, Senior Planning Officer, on (07) 5644 3223 or via email [email protected] who will be pleased to assist. Yours sincerely Karley Lawler Manager, Planning and Development Services (SEQ South). o Delvyn Ringer Pty Ltd Tte c/- Pivotal Perspective Pty Ltd, via email [email protected] enc Altachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions State Assessment and Referral Agency Page 2 of 5 Document Set ID: 23950139 Version: 3, Version Date: 23/07/2025 Page 12 of 16
Page 13
Attachment 1—Referral agency conditions (2411-43501 SRA (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) No. | Conditions Condition timing Material change of use for Caretaker’s Accommodation, Research and Technology Industry Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1) —- Contaminated premises for potential unexploded ordnance (UXO) —The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of State Development, Infrastructure and Planning (DSDIP) to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition: 1. Provide written confirmation to DSDIP by an approved contractor on the Australian Government, Department of Defence, Unexploded Ordnance (UXO) Panel that the subject site has been remediated and cleared of unexploded ordnances. Information about UXO Panel companies can be found at: https://uxo.defence.gov.aw/policy-and-action-defence Prior to the commencement of work. Document Set ID: 23950139 Version: 3, Version Date: 23/07/2025 State Assessment and Referral Agency Page 3 of § Page 13 of 16
Page 14
2411-43501 SRA Attachment 2—Advice to the applicant Document Set ID: 23950139 Version: 3, Version Date: 23/07/2025 General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016. its regulation or the State Development Assessment Provisions (SDAP) (version 3.1). If a word remains undefined it has its ordinary meaning. Provide the owner, occupier and any person employed to work on the subject site the following information: (a) Residual UXO may still exist following remediation and all work should proceed with due caution. (b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: a. advise the Police immediately b. do not disturb the object c. take action, where appropriate, to prevent it being disturbed by another person d. note its approximate dimensions and general appearance €. note the route to its location. (c) Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors may use the following websites: a. Department of Environment and Science http/www_.ehp.gid.gov.au OR b. Commonwealth Department of Defence http:/Avww.defence.gov.au/uxo/! State Assessment and Referral Agency Page 4 of 5 Page 14 of 16
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(2411-43501 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: SARA assessed the development application against State code 13: Unexploded ordnance of the SDAP. version 3.1 and determined that with conditions, the development achieves compliance with the performance outcomes of the State code, specifically: « Accondition has been included to ensure the site is investigated appropriately for unexploded ordnance (UXO) and, where necessary, remediated so as to not place another part of the environment, or human health, at risk as a consequence of development. Material used in the assessment of the application: « the development application material and submitted plans * Planning Act 2016 « Planning Regulation 2017 « the SDAP (version 3.1), as published by SARA + the Development Assessment Rules « SARA DA Mapping system « section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left interticratly blank) State Assessment and Referral Agency Page 5 of 5 Document Set ID: 23950139 Page 15 of 16 Version: 3, Version Date: 23/07/2025
Page 16
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.
Page 16 of 16
Document Set ID: 23950139
Version: 3, Version Date: 23/07/2025
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