Minor Change Existing Approval 131999.982622.7

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	131999.982622.7
Your Reference:	568-22
11 October 2022
Woolworths Limited
C/- Alan Holliday Pty Ltd
PO Box 6191
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 15 September 2022, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	131999.982622.7
Street address:	4-24 Gibson Rd Noosaville Qld 4566
Real property description:	Lot 1 SP 115778
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 28 September 1995 (R453) & 11 November 1999 (DA 16286)
Development Permit for Rezoning (R453) – Shopping Centre and Carpark
Development Permit for Material Change of Use of Premises – Additions to Shopping Centre
In relation to the request to make a minor change to the existing approval, Council on 7 October 2022, decided to approve the requested changes. The changes are detailed below.
Approve the change
Amend condition 14
Include additional conditions
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
BUILDING
The plans submitted for a Development Permit for building works are to comply with the approved plans.
An identification survey of the subject site is to be carried out by a Licensed Surveyor and is to be submitted to Council at the time of foundation inspection or immediately thereafter. Such survey shall set out the boundaries of the site and the position of the buildings on the site.
A verification survey is to be undertaken on the building by a Licensed Surveyor and a certificate lodged with Council at completion of the work confirming compliance with the minimum required floor level, or the maximum building height above natural surface, required by the provisions of the Town Planning Scheme.
HEALTH
All liquid waste produced by commercial section of the development is “Trade Waste” and is to be treated as required under the Noosa Trade Waste Policy prior to release to sewer.
A trade waste permit is required to discharge each type of trade waste. The hydraulic drawings are to show all the trade waste requirements in accordance with Noosa Trade Waste Policy
Approval of the Trade Waste requirements are to be obtained as part of the building approval process.
Waste requirements are required to be in place, inspected and approved prior to the commencement to trading or operation. The appropriate Trade Waste Permits will be issued following the necessary approvals.
Refuse containers must be provided in accordance with requirements of the Environmental Protection (Interim Waste) Regulations 1996 for the storage and collection of refuse to the satisfaction of Council’s Manager of Environmental Health.
All refrigeration plant, including motors, shall be situated within the building or suitably provided with noise reduction and shall be located as to prevent disturbance beyond the subject land in accordance with the Environmental Protection (Noise) Policy.
Air-conditioning units shall be located in a manner, which prevents noise disturbance beyond the subject land in accordance with the Environmental Protection (Noise) Policy.
The developer must provide separate toilet facilities for patrons, in addition to staff toilet facilities in accordance with the Building Code of Australia.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, stormwater drain or a water course. On the spot fines apply for such offences.
The developer must upgrade the existing refuse bin storage area in order to ensure it is sufficient in size to accommodate all refuse and recycling containers to the reasonable satisfaction of Council’s Environmental Health Officer. This area is to be aesthetically screed from any road frontage or adjoining property boundaries. A suitable hosecock, hoses and approved roof drainage outlet to Councils sewer, are to be located in the vicinity of the refuse container area for washing containers.
LAND DEVELOPMENT
At least 277 off-street car parking spaces (including 31 spaces on the adjoining hotel site - Lot 2 on RP842280 and 5 Direct to Boot car parking spaces for the supermarket use) shall be provided with at least 6 of the spaces suitable for use by persons with disabilities within close proximity to the main access to the retail areas and signed appropriately.  Some of these spaces must be converted to provide for 8 motorcycle/scooter spaces. Access thereto shall be via a bitumen sealed or concrete pavement.
The car parking spaces and associated manoeuvring areas shall be in accordance with Australian Standard AS2890.1-1993 with respect to dimension and gradient for User Class 3 and User Class 4 for the disabled spaces.
The proposed carpark layout shall generally be in accordance with the approved plans.
All carparking shall be kept maintained and line-marked in a condition fit for use to the reasonable satisfaction of the Manager - Land Development. All markings and signs required to delineate the direction of travel shall be included on the plans for operational works.
A contribution of $11,400 toward roadworks external to the site shall be paid prior to the issue of a Development Permit for Building Works relating to this permit. The amount of the contribution shall be adjusted in accordance with changes to the Consumer Price Index, All Groups Brisbane from March 2000 up to the date of payment.Roof and surface water is to be collected on site and is to be discharged in accordance with Council’s Engineering Design Standards. A Development Permit for Building Works shall not be granted until a Development Permit for Operational Works has been issued in regard to the drainage scheme.
The existing concrete footpath along Gibson Road adjacent to the new retail extensions shall be extended along the frontage of the site to the proposed pedestrian crossing within the car parking area. A Development Permit for Operational Works shall be obtained prior to the commencement of any works. Footpath and property alignment levels may be obtained from the Works Inspector-Development upon request.
The concrete footpath is to be designed and constructed to ensure pedestrian safety using non-slip materials and to produce an evenly graded surface finish.
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28 and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment. An estimate only of the contribution rates as at December 1999, under the current policies is as follows:-
Water Supply		$2,168 Sewerage	$2,913

TOTAL:	$5,081
All headworks contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively, a trading bank guarantee shall be submitted to Council plus 20%. Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
Minimum Floor Heights for the development shall be in accordance with the Planning Scheme at the time of issue of the Building Permit.
Fill levels in accordance with Council’s Noosaville Master Drainage Plan will be provided on application to Council's Works Department. If any filling works are required on the site, they shall be carried out in accordance with Section 3.8 of Council's "Engineering Design Standards" manual. No earthworks or filling works are to be undertaken until issue of a Development Permit for Operational Works -Filling.
To protect the environment against siltation/sediment export or soil erosion as a result of this development, an erosion and sediment control plan shall be submitted in conjunction with any Development Permit for Operational Works. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. Prior to commencement of Operational Works and/or Building Works, all physical site control measures shall be installed, and the plan adhered to.
Prior to commencement of Operational Works a $2,000 site control bond is required to be lodged with the Council to ensure compliance with this condition.
The bond will be refunded less any costs incurred by Council in ensuring compliance with this condition or any additional inspections incurred for substandard work or works undertaken not in accordance with this permit.Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan Name	Date
DA.01	4	Site Plan (as annotated), drawn by Thomson Adsett	23.08.2017
DA.02	2	Demolition Plan, drawn by Thomson Adsett	15.08.2017
DA.03	3	Proposed floor plan (as annotated), drawn by Thomson Adsett	23.08.2017
17BRT0143	D Sheet 1 of 3	Recommended traffic modifications – site plan, (as annotated) drawn by TTM Consulting Pty Ltd	29.11.2017
17BRT0143.02	D Sheet 2 of 3	Recommended traffic modifications – northern area, drawn by TTM Consulting Pty Ltd	29.11.2017
17BRT0143.02	D Sheet 3 of 3	Recommended traffic modifications – southern area (as annotated), drawn by TTM Consulting Pty Ltd	29.11.2017
17BRT0143.03	A Sheet 1 of 1	Recommended traffic modifications – Southern area – B99 vehicle sweep paths, drawn by TTM Consulting Pty Ltd	29.11.2017
The total use area of the development is 4,568m2
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The colour scheme for the development is to be generally in accordance with the approved plans.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Manager Land Use.
The road reserve to the frontage of Gibson Road, is to make provision for dense trees and shrubs that will assist in screening the development from the view of Gibson Road. This is to include trees and shrubs of a minimum of 100 litre pot size. Furthermore, additional landscaping is to be provided where possible beside the proposed building extension between the pedestrian access and the building.
Existing trees on the site and within road reserves are to be retained, except where removed due to building operations or the conduct of the approved use. The landscape plans referred to above are to denote areas of existing vegetation or existing trees to be retained.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
This Development Permit for a material change of use of premises lapses if:-
the use or erection of a building or other structure associated with the use, has not been commenced within four (4) years of the date of issue of the Development Permit, unless application is made and approved by Council for an extension; or
the use of any premises pursuant to the Development Permit ceases.
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for building works;
Development Permit for Operational Works for landscaping, carparking, access, stormwater drainage and frontage works;
The developer must obtain all of the other Development Permits referred to above, prior to obtaining a Development Permit for building works, unless the Council agrees otherwise.
Fixed bicycle parking capable of holding 20 bicycles is required to be located at the main public access points to the centre.
The site is required to upgrade existing landscaping which must be landscaped in accordance with an Operational Works approval.
All works associated with the upgrading of the car park must be done in conjunction with an Operational Works approval. Note: Operational works for carparking and landscaping must be lodged with Council at the same time for a complete assessment.
The outdoor dining area as shown on Plan 17BRT0143.02, Rev D on Sheet 2 & 3 must not be defined with concrete bollards. This area should be defined by landscaping in planting boxes or the like and designed in such as manner to ensure patrons are separated from traffic movement. Plans of the outdoor dining area must be submitted as part of an Operational Works application.
Recycle bins must be provided for use of patrons within the centre and in the car parking area.
Conditions relating to 131999.982622.2 – Change to existing approval (New Toilets – Approved 17/11/2004
Two additional trees endemic to the locality having a bag size of 100 litres shall be planted to the Gibson Road frontage of the site to assist in screening the proposed additional car space and building.
Carparking shall be provided within the site as shown on drawing number 1102-DA02-B dated 1 July 2004 by Husband Leith Architects, except as modified herein.
The carparking area shall be designed to comply with the provisions of AS 2890.1-2004 for user class 3A with allowance for vehicles to enter and leave the site in a forward gear.
All carparking shall be kept, maintained and line-marked in a condition fit for use.
Conditions relating to 131999.982622.3 – Change to existing approval – Addition of Shade Structures & Landscaping – Approved 15/09/2006:
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered:-
Engineering Layout Plan, Drawing No. 05.06.38-001 A prepared by Accord Designs Pty Ltd and dated June 2006;
Elevations, Drawing No. 05.06.38-002 A prepared by Accord Designs Pty Ltd and dated June 2006;
Typical Elevation and Fabrication Layout Plan, Drawing No. 05.06.38-005 A prepared by Accord Designs Pty Ltd and dated June 2006;
Annotated Site Plan (Stage 1 only) Drawing No. B1001/DD3 Issue C prepared by Loucas Zahos Architects and dated August 2006;
and as may be amended by these conditions.
The infill panel of shade cloth and support cables between the two shade structures are not approved and shall not be constructed.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Existing trees on the site and within road reserves are to be retained. Further additional planting shall be provided in the existing garden beds adjacent to the shade structures to replace vegetation that has been removed for the central shade structures and to buffer the visual dominance of the structures, as detailed below:-
Central shade structure –
southern garden bed – 2 x 45L native species and native grasses at 300mm centres to fill the garden bed;
northern garden bed – 2 x 45L native species and native grasses at 300mm centres to fill the garden bed;
Eastern Shade Structure –
southern and northern garden beds – native grasses at 300mm centres to fill the garden beds.
The 45L native species shall include either of the following plants – Syzygium Cascade, Callistemon Eureka, Callistemon Taree Pink, Callistemon Endeavour, Acmena smithii or Backhousia myrtifolia.
The native grasses shall include either of the following species – Lomandra longifolia, Dianella caerulea or Isolepsis nodosa.
The area within the diamonds surrounding the posts of the centre shade structures shall be treated with materials such as paving etc.
The shade structures must be covered with pervious material only.
Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Land Development
Car Parking
The proposed shade structures shall be constructed such that they do not impede the existing carapaces and aisle to such an extent that they no longer comply with AS/NZS 2890.1:2004 for user class 3A.
The shade structures shall be designed and constructed to provide a minimum head clearance (headroom) at any point of 2.3m.
The proposed structural column type C4 as shown on Drawing No. 05.06.38-005A prepared by Light Weight Structures dated June 2006 shall be designed and constructed to be clear of the design envelope around a parked vehicle as indicated in Figure 5.2 of AS/NZS 2890.1:2004.
The proposed shade structures and supporting columns shall not impede the existing surface stormwater runoff of the site or interfere with the existing stormwater drainage system of the site.
The lighting within the car parking area shall be maintained in accordance with AS/NZS 115 Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Further Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for Building Works.
ADVICE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONDITIONS OF APPROVAL.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm. A maximum penalty of $1,500 applies to an offence under this legislation.
This approval is for Stage 1 only and includes the shade structures over the car parking spaces in the centre of the site and the row of car parking spaces adjacent to the western side of the existing shopping centre building. Should further shade structures and/ or alterations to the existing landscaping be proposed, a further approval to change the existing approval will be required.
Conditions relating to 131999.982622.4 – Change to existing approval – Infill of Shade Structure – Approved 2/11/2006
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered:-
Engineering Layout Plan, Drawing No. 05.06.38-001 A prepared by Accord Designs Pty Ltd and dated June 2006;
Elevations, Drawing No. 05.06.38-002 A prepared by Accord Designs Pty Ltd and dated June 2006;Typical Elevation and Fabrication Layout Plan, Drawing No. 05.06.38-005 A prepared by Accord Designs Pty Ltd and dated June 2006;
Annotated Site Plan (Stage 1 only) Drawing No. B1001/DD3 Issue C prepared by Loucas Zahos Architects and dated August 2006;
and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Existing trees on the site and within road reserves are to be retained. Further additional planting shall be provided in the existing garden bed in the central isle at the Gibson Road entrance to the site to buffer the visual dominance of the infill structure, as detailed below:-
1 x 100L MELALEUCA quinquenerva with a clean truck (for clear sight lines) located in the middle of the central aisle and 6 metres from the Gibson Road end of the aisle.
The infill shade structure must be covered with pervious material only.
Security in the form of a cash bond or trading bank guarantee to the sum of $3000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Land Development
Car Parking
The infill shade structures shall be designed and constructed to provide a minimum head clearance (headroom) at any point of 2.3m.
The minimum available clearance within the car parking aisle that is covered shall be signposted in accordance with AS/NZS 2890.1:2004 at each entrance to the covered car parking aisle. The signage shall include appropriate warning devices such as flexible striker bars to clearly indicate the minimum available height and be constructed of suitable materials to minimise the damage to vehicles should they come into contact with the signs.
The lighting within the car parking area shall be maintained in accordance with AS/NZS1158. Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Further Permits Required
Prior to the commencement of development, the following Development Permits must be obtained:-
Development Permit for Building Works.
Conditions relating to 131999.982622.7– Change to existing approval – Direct to Boot – Approved 7 October 2022
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
WA381	A	Direct to Boot Drive up Parking Plan (as annotated by Council)	20/05/2022
Sight Lines
Batten screening on the side of the approved canopy for direct to boot for Woolworths is not to impede on sight lines for vehicles entering and exiting the carparks.
No infrastructure associated with this approval must impact on pedestrian connectivity.
Signage
All signage is to be in accordance with the Local Law (signage).
No signage is allowed on the side of the canopy.
referral agencies
Not applicable
advisory notes
Infrastructure Charges
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.
property notes
Not applicable
variation approval details
Not applicable
further development permits required
Development Permit for Building Works
Development Permit for Operational Works (Access, Carparking and Landscaping)
submissions
Not applicable
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.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,

Lisa Pienaar
Development Planner

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 28 September 1995 (R453) – 11 November 1999 (DA16286).
Decision Notice – Minor - 131999.982622.2 - 17/11/2004i – change to conditions (new toilets)
Minor – 131999.982622.3 – 15 September 2006; change to addition of shade structures and landscaping
Minor – 131999.982622.4 – 2 November 2006; infill of shade structures
Minor – 131999.982622.5 – 15 March 2018; amend conditions 14, 15, 26, 27 & 29; refuse to amend condition 23; new conditions 37-41
Minor – 13199.982622.6 – 26 May 2019 - Generally in Accordance
Minor – 131999.982622.7 – 7 October 2022; amend condition 14; additional conditions (direct to boot)

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(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 withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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