Council archive · source document
Decision Notice - Approved by Delegation of Authority OPW24/0151 (As published)
Officer: Mark Lewis
Direct Telephone: 07 53296290
Our Reference: OPW24/0151
Your Reference: N/A
2 January 2025
Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 2 January 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW24/0151
Street address: 41 Tallowwood Pl Black Mountain Qld 4563
Real property description: Lot 36 RP 897845
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for an Approval Operational Works - Frontage Work, Landscaping,
Clearing Vegetation under planning scheme, Vehicle Crossover
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
2251-101 B Cover Sheet and Drawing Index 24 October
2024
Prepared by Callaghan & Toth
2251-102 B Layout and Notes Plan 24 October
2024
Prepared by Callaghan & Toth
2251-103 B Setout and Details Plan 24 October
2024
Prepared by Callaghan & Toth
2251-104 B Driveway Cross Sections and Longitudinal 24 October
Section Plan 2024
Prepared by Callaghan & Toth
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 24 December 2026, unless an application to extend the currency
period is approved by Council.
SITE SPECIFIC CONDITIONS
Bonds
3. Prior to the prestart meeting for the rehabilitation works, a bank guarantee or a bond of
$10,000 must be lodged as security for the completion of the rehabilitation works and three
year performance maintenance period identified in the conditions of this approval.
4. A site control and/or compliance bond of $5,000 is to be submitted to Council prior to the pre-
start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
5. Bonds must:
a. have approval of the bond calculations and amount from Council prior to lodgement
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
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PRIOR TO COMMENCEMENT OF WORKS
Engineering
6. Prior to requesting a prestart meeting:
a. Submit to Council an amended Bushfire Management Plan in accordance with
Condition 9 of the higher order RAL24/0003.
b. Submit to Council a rehabilitation species palette for the covenant area made up of
species selected from Regional Ecosystem 12.11.10 described as ‘notophyll vine
forest’
7. All necessary approvals from external service providers and external parties on which the
development works are proposed have been obtained and a copy supplied to Council.
8. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
9. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
10. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Landscape works;
c. Rehabilitation / Revegetation works;
d. Erosion and sediment control works; and
e. Other relevant parties.
11. 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.
12. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
13. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
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DURING CONSTRUCTION
Engineering
14. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
15. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
16. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Reconfiguration of Lot approval viz.
RAL24/0003 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Works within Road Reserve/Reinstatement
17. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
18. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
19. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Site Access and Driveways
20. Driveway crossovers must be constructed in accordance with council’s Standard Drawings
RS-056 and any associated addendum.
21. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
22. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete or an approved all-weather purpose material;
b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
c. Underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
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d. Where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path; and
e. The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Earthworks and Retaining Walls
23. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council.
24. Fall protection must be provided to retaining walls that are over 1m high.
25. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
26. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
27. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
28. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Retention of Existing Trees and Vegetation
29. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Clearing of Vegetation
30. Prior to felling or pruning, all trees are to be inspected for wildlife (i.e. koalas, possums, birds’
nests etc). If wildlife is present, the tree must not be felled or pruned until the wildlife has left
the tree or has been removed by a qualified person*.
*(Refer to Advisory Note)
Plant Pest Management
31. A qualified person* must manage plant pest (weeds) to:
a. Ensure plants listed as Class 1, 2 declared pests and environmental weeds within
Council’s Pest Management Plan are controlled and prevented from spreading.
b. Oversee management techniques that minimise regrowth, prevent damage to non-
target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Land Rehabilitation
32. Rehabilitation works must be supervised, undertaken and certified by qualified persons*.
Where the removal of weed species creates cleared areas within the covenant, these areas
must be revegetated utilising native species from the local Regional Ecosystem 12.11.10.
Trees and shrubs must be planted in these cleared areas at a rate of one plant per metre.
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33. A clause must be included in the contract of sale for proposed Lot 362 which provides
unlimited maintenance access to the Covenant for rehabilitation / revegetation works to take
place. This access must be granted until the rehabilitation works have met all performance
criteria and confirmed off maintenance by Council.
34. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $5,000
b. Year 2 - $3,000
c. Year 3 - $2,000
35. The Rehabilitation supervisor must annually:
a. Organise formal inspection with Council’s delegate*.
b. Submit to Council (with each inspection request) a Rehabilitation Status Report (written
and photographic), mapping:
i. The condition of the regeneration area.
ii. Detailing works undertaken in the previous year.
iii. The percentage cover of indigenous recruitment.
iv. Measuring the works against the conditioned Performance Criteria.
*(Refer to Advisory Notes)
36. Rehabilitation works must meet the following Performance Criteria for:
a. Year One – 12 months after installation:
i. Planted trees have achieved an average height of 1m.
ii. Planted shrubs have achieved an average height of 0.4m.
b. Year Two - 24 months after the installation:
i. Planted trees have achieved an average height of 2m.
ii. Planted shrubs have achieved an average height of 1m.
c. Year Three - Final acceptance installation:
i. Planted trees have achieved an average height of 3m.
ii. Planted shrubs have achieved an average height of 1.2m.
iii. Canopy and / or vegetative strata must not be devoid for any area greater than
1.0m2 within any 10m2 sample.
iv. Plant density shading out and/or self-mulching.
d. The duration of the establishment period:
i. Adherence to maintenance regime for rehabilitation and revegetation areas.
ii. No evidence of woody weeds reshooting from stumps, poisoned trees or the
regrowth of cut stumps.
iii. No evidence of over-weeding or impact on non-target species.
iv. Signs of indigenous recruitment in rehabilitation areas.
v. Weed infestations less than 5% of the rehabilitation areas.
vi. Any failed plants within the previous 12 month period have been replaced.
vii. Healthy and vigorous growth allowed to grow to full form.
viii. Mulch layer sufficient to suppress weeds.
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Erosion and Sediment Control
37. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
38. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
39. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
40. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
41. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
42. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
43. 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.
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FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Bonds
44. Bonds must:
a. Meet the requirements of the relevant Council Planning Scheme Policy for performance
and uncompleted works.
b. Be calculated using a schedule of works and relevant bond equation.
c. Include GST.
d. Have approval of the bond calculations and amount from Council, prior to lodgement.
e. Be lodged with Council and accompanied by the Bond Administration Fee/s.
f. Be requested for release by writing to Council, when relevant approval requirements
have been met.
45. Performance Bonds must be lodged for:
a. Rehabilitation.
On Maintenance
46. Maintenance periods* must be:
a. 36 months for Rehabilitation
*(Refer to Advisory Note)
47. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds.
b. Rehabilitation / Revegetation certification.
Off Maintenance
48. Prior to requesting an Off Maintenance inspection, the following must be provided:
a. Completion of all rehabilitation works
b. Written request of bond release.
49. Off Maintenance Inspection must be requested:
a. By contacting Council.*
b. Only after lodgement of a completed rehabilitation certification
*(Refer to Advisory Note)
Certification
50. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
51. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
2251- B Coversheet and Drawing Index, prepared by, 10/24
101 Callaghan & Toth
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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:
General Advisory Notes
1. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-056 and
any associated addendum.
2. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
3. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
7. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Retention of Existing Trees
8. 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.
Removal of Existing Trees and Vegetation
9. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
10. Qualified Person, for the purpose of:
a. Undertaking rehabilitation construction and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
b. Preparing certification and managing declared plant pests, is considered to be:
i. a landscape architect with a minimum of 3 years current experience in the field
of pest plant management;
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ii. a botanist or ecologist with a minimum of 3 years current experience in the field
of pest plant management;
iii. an environmental consultant with a minimum of 3 years current experience in the
field of pest plant management.
On Maintenance
11. Request for On Maintenance is the responsibility of the developer. No credit will be given
due to failure to request inspection. Maintenance works are the responsibility of the
developer and must include regular inspections, repairs, rectifications and establishment. A
single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
12. A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements.
b. Submitted certification falsely states works comply with approval requirements.
Environmental Advisory Notes
13. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
14. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
15. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
16. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
Performance Bond Agreement
17. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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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,
Daniel Epps
Senior Development Engineer
Enc: Appeal Rights
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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Version: 4, Version Date: 07/01/2025
Used in these records
Decision Notice - Approved by Delegation of Authority OPW24/0151 (As published)Related documentApplication case desk ↗
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