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Minor Change Existing Approval - 151999.982601.3 (As Published)

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                                                                                       Officer:            Andrew Gaffney
                                                                                       Direct Telephone:   07 53296284
                                                                                       Our Reference:      151999.982601.3
                                                                                       Your Reference:     260209

               16 September 2026


               Oly Homes
               C/- URBN Town Planning Pty Ltd
               PO Box 81
               BUDERIM QLD 4556
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 17 June 2026, requesting a minor change to an existing
               development approval. Council on 8 September 2026 decided your requested changes.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              151999.982601.3

                   Street address:              24 Eucalypt Way, Cootharaba Qld 4565

                   Real property description:   Lot 19 SP 152355

                   Planning Scheme:             Noosa Plan 2020 (Amendment 3 - 20 March 2026)

               2.      DECISION DETAILS

               The following type of approval was issued on 28 February 2002.
               •      Development Permit for Reconfiguration of a Lot - Lot Reconfiguration
               In relation to the request to make a minor change to the existing approval, Council on 8
               September 2026, decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change in part only.
               B.      Refuse to amend condition 28 for the following reasons:
                       1. The proposed change is more appropriately addressed as additional conditions of
                           approval relevant to the individual site.
               C.      Include additional conditions 40 – 43.
               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

               1.     The lot reconfiguration shall be in accordance with plan LAND/PRO.B dated 20/2/02 as
                      submitted by Murray and Associates except as modified herein.
               2.     Pursuant to Section 3.5.21(6) of the Integrated Planning Act 1997, the currency period shall
                      extend to 14 December 2002. By this date, all conditions must have been complied with,
                      operational works completed, and the revised Plan of Survey lodged with Council for
                      endorsement.
               3.     Roadworks within the proposed access easements shall be constructed to a sealed access
                      road standard in accordance with Council's standard drawing No. 9013.
                      If the length of easement exceeds 100 metres, passing lanes shall be provided at appropriate
                      locations, no more than 60 metres apart, in accordance with Council's standard drawing No.
                      9035.
                      The length of easement and access road construction on Lot 10 shall extend past the existing
                      dam on Lot 9 to provide access to the house site area.
               4.     All roads shall be constructed to Council’s Engineering Design Standards. Boronia Road
                      shall be constructed to Council’s local road standard. Eucalypt Way and Callistemon Court
                      shall be constructed in accordance with Council’s access road standard.
                      Drawings prepared by a Registered Professional Civil Engineer of Queensland are to be
                      submitted to Council for approval by the Manager of Land Development.
               5.     The entrance driveways to all lots affected by flooding shall have driveways constructed from
                      the roadways to the indicated house envelope. This driveway is to be constructed to the
                      same flood requirements as the internal road designs and shall be constructed from
                      compacted gravel to Council’s Engineering Design Standards.
               6.     The proposed access easements shall be a minimum of 10.0 metres wide with the width
                      being increased where necessary to accommodate passing lanes, bin storage areas and
                      services or to provide the specified clearances from cut/fill batters. All services shall be
                      installed for the full length of the access strip prior to pavement construction.
               7.     A 3.0 metre wide concrete driveway shall be constructed within a 4.5 metre wide battleaxe
                      access strip for Lot 19. All service conduits shall be installed for the full length of the access
                      strip prior to pavement construction.
               8.     Access to each lot shall be constructed to the standards and requirements of the Manager -
                      Land Development and in accordance with Council's standard drawing No. 9040.
               9.     Speed humps and appropriate signage are to be constructed along Boronia Road,
                      commencing in the vicinity of the northern boundary of Lot 20.
                      Full details, include appropriate signage, are to be submitted in conjunction with an
                      application for Development Permit - Operational Works.
               10.    Where lots are serviced by access easements a refuse collection area is to be established
                      within the road reserve for the placing of wheelie bins on collection day. The area is to be
                      sufficient in size for the placement of one wheelie bin from each property and located so as
                      not to impede the flow of traffic. Details of the refuse collection area are to be submitted in
                      conjunction with an application for Operational Works.
               11.    The existing dam on Lot 4 is to be filled in to increase the area available for a house site and
                      effluent disposal.
                      Filling works are to be carried out in accordance with Section 3.8 of Council's "Engineering
                      Design Standards" manual and so as not to cause the ponding of water on any adjoining
                      lands or the blockage of, or interference with, any natural watercourses. No earthworks or
                      filling works are to be undertaken until issue of a Development Permit for Operational Works
                      in respect of filling works.




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               12.    All engineering works involving the construction of street pavements, kerb and channel,
                      footpaths, turnouts, underground drainage, water supply and sewage reticulation, must be
                      designed and constructed to the standards and requirements of Council’s “Engineering
                      Design Standards” Manual.
                      The engineering drawings and specifications associated with these works are to be prepared
                      by a Registered Professional Civil Engineer, Qld. Pursuant to Section 5.2 if the Local
                      Government (Planning and Environment) Act, prior to any works commencing, engineering
                      drawings and specifications are to be submitted to Council and approved by the Manager of
                      Land Development.
               13.    The subdivision is to be landscaped in accordance with Council’s Policy on Landscaping
                      Guidelines and a properly prepared landscaping plan is to be submitted and approved by the
                      Manager of Land Development prior to the issue of approval of engineering drawings. The
                      landscaping plans are to address:-
                      13.1. street tree planting
                      13.2. buffer areas
                      13.3. removal of undesirable species
                      Such landscaping is to be completed in accordance with the approved landscaping plan prior
                      to acceptance of the development on maintenance and maintained thereafter during the
                      maintenance period to the reasonable satisfaction of the Manager of Land Development.
               14.    The proposed names of the new roads, parks and access easements serving more than
                      three allotments (private roads) are to be submitted for approval by Council in conjunction
                      with the engineering designs for the roadworks. Names are to be selected from wither of the
                      following categories:-
                      14.1. Easily pronounced words of the Aboriginal Language.
                      14.2. Names or words of local significance or historical interest.
                      14.3. Flora, fauna, industry, topographical, geological and similar features and terms relative
                            to the district.
                      14.4. Surnames of persons of merit or historical significance. Personal names should be
                            avoided.
                      Approval will not be given where the name is the same or similar to the name of another road
                      in the Shire, or of a road in close proximity in a neighbouring Shire. Names that are not easily
                      pronounced, or may cause confusion to emergency services are to be avoided.
                      The applicant is responsible for erecting street signs on new public roads. On private roads
                      the nameplate and signpost will be provided and erected by Council upon payment of the
                      appropriate fee.
               15.    Provision of a State Survey Mark within the subdivision to Council’s satisfaction which shall
                      be levelled and located to the requirements of the Manager of Land Development. The Form
                      6 shall be submitted for Council’s records.
               16.    Prior to Council giving approval for the construction of roadworks or services associated with
                      this stage, the applicants are to submit a $50,000 bond to ensure compliance with the
                      conditions contained within this approval. The bond will be returned following acceptance of
                      all works “On Maintenance”.
               17.    The applicant shall contribute towards roadworks in accordance with Council’s policy for
                      contributions within the Junction Road Catchment. The current contribution rate is $4,214
                      per additional lot. This contribution is subject to CPI variation from February 1996 and any
                      alterations made to Council’s Policy.
               18.    All suitable native trees shall be retained where possible and the applicant shall undertake a
                      footpath tree planting programme on completion of the roadworks.



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               19.    The applicants are to construct a 30m wide vegetated buffer along the southern boundary as
                      indicated in Noosa Town Planning Pty Ltd’s report dated 1st May, 1996. The buffer is to be
                      generally as described in the Department of Primary Industries/Department of Housing and
                      Local Government Planning Guidelines: “Separating Agricultural and Residential Land
                      Uses”. The details of the buffer are to be provided with the landscaping plans and to consist
                      of a mixture of trees and shrubs indigenous to the site planted at 4m x 4m intervals over the
                      full 30m width. The buffer is to be maintained by the developer until the trees are a minimum
                      of 2.5m high and weed and grass growth is suppressed to the point where maintenance is
                      no longer required. A maintenance bond of $10,000 is to be lodged with Council and will be
                      called up if the buffer has not met this self-maintaining state within two years of planting. The
                      bond, or balance remaining if called up, will be refunded once the buffer reaches the self-
                      maintaining state.
               20.    Cleared house site areas of 2000m2 shall be created on Lots 3, 6, 10, 13, 14 and 15. These
                      house sites shall be located outside the areas of flooding, buffer zones or the environmental
                      covenants.
                      Prior to any clearing being carried out a site inspection is to be carried out with Council’s
                      Vegetation Management Officer and Work’s Inspector, the Principal Contractor’s site
                      representative and the Contractor’s Supervising Engineer, to define the limits of clearing for
                      this development.
                      Areas to be protected by environmental covenants are to be flagged off as ‘no encroachment’
                      zones, to the satisfaction of Council’s Works Inspector. This barrier is to remain in place for
                      the duration of the clearing works, machinery and materials are not permitted within these
                      areas.
               21.    Cleared vegetation is to be suitably processed by one of the following methods and removed
                      from the site:-
                      21.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
                            loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
                            minimum of 10 metres between edges of heaps.
                      21.2. Disposal for firewood.
                      21.3. Disposal for landscaping purposes.
                      21.4. Transport to alternative site for breaking down materials provided that all necessary
                            permits have been obtained to allow the alternate site to be used for this purpose.
                      The disposal method for clearing works is to be submitted in conjunction with an application
                      for a Development Permit for Operational Work. The Applicant is advised that other methods
                      may be considered provided full details of the method are submitted.
                      The Applicant is also advised that burning off is an unacceptable method of disposal.
               22.    Any existing noxious and environmental weeds, including but not limited to Groundsel,
                      Noogoora Burr, and Salvinia Molesta, shall be cleared from the entire property to the
                      satisfaction of the Manager of Land Development (namely a 95% kill) prior to the release of
                      the sealed Survey Plan. (Under State Legislation Gall Fly (Rhopalomyia Califormica) is not
                      a recognised means of control or destruction of groundsel bush.)
                      Note that Council requires thirty (30) days notification following completion of eradication
                      works prior to Council’s Noxious Weeds Officer inspecting the subject site.
               23.    Pursuant to Section 3.7.3(c) of the Integrated Planning Act, all outstanding rates and charges
                      due and payable to Noosa Council in respect of the lots being reconfigured shall be paid prior
                      to endorsement of the Plan of Survey for each stage.
               24.    Any legal documentation required by this permit to be presented to Council should be
                      submitted in the correct form (together with the prescribed fees in accordance with Council’s
                      adopted fee schedule) at least fourteen (14) days prior to any request being made for release
                      of the Survey Plan.



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               25.    An electricity service shall be provided to each lot. Full details of the revised proposal
                      forwarded to ENERGEX for its approval shall be submitted to Council.
                      The approval of ENERGEX and a “Certificate for Electricity Supply to Subdividers” will be
                      required to be submitted by Council prior to endorsing the revised Plan of Survey.
                      Any agreement with ENERGEX shall be wholly at the applicant's expense, and shall not
                      entail a financial encumbrance on future purchasers of the proposed lots.
                      The design is to be carried out by an Electrical Design Consultant approved by ENERGEX.
                      The consultant shall liaise with Council’s Manager - Works Support during preparation of the
                      design.
               26.    Written confirmation from an approved telecommunication agency must be provided to
                      council indicating that satisfactory arrangements have been made for the provision of
                      telephones services to all lots within the subdivision. In this regard the revised lot layout shall
                      be referred to the relevant authorities.
               27.    Prior to endorsement of the Plan of Survey, the land indicated on plan LAND/PRO.B as park
                      shall be dedicated to Council as Public Use Land - Reserve (For Environmental Purposes)
                      at no cost to Council.
               28.    Plans of each created lot shall be prepared showing the areas suitable for a house site and
                      the effluent disposal areas (the building envelope). The house site and effluent disposal
                      areas shall be a minimum of 2000 square metres, and exclude the following:-
                      a) all areas below the Q100 flood line,
                      b) all areas within the 100m Agricultural buffer or 30m road boundary setback,
                      c) land inside any setback required from any boundary,
                      d) land located within a proposed registered covenant.
                      These plans shall be submitted to Noosa Council prior to an application for sealing of the
                      plan of survey.
                      No structure (including pools) shall be located in the areas outlined in items a-d of this
                      condition. A property note shall be added to Council’s rates records to advise prospective
                      purchasers of this building envelope requirement.
               29.    Prior to sealing the Plan of Survey an effluent disposal report is to be submitted for each new
                      allotment to demonstrate that it contains an area that meets the requirements of AS1547-
                      2000 On-Site Domestic Wastewater Management, Interim Code of Practice for On-site
                      Sewerage Facilities and Council Policy.
               30.    In conjunction with the Plan of Survey, the area on Plan LAND/PRO.B as ‘new road’ shall be
                      dedicated to the public for road widening at no cost to Council.
                      This area of dedication shall be approved by Council’s Works Department prior to sealing
                      the Plan of Survey.
               31.    Registered covenants shall be created over the areas indicated on Plan LAND/PRO.B as
                      Vegetation Protection Areas, 30m Road Boundary Setbacks and 100m Agricultural Buffers.
                      The terms of the covenant shall relate to the conservation of vegetation and prohibition of
                      any building works within the buffer areas. Clearing of vegetation for any purpose other than
                      weed management shall not be permitted.
               32.    Prior to sealing the Plan of Survey the applicant is to submit the minimum floor levels for
                      each allotment in accordance with the findings of the JWP Flood Study dated April 2000.
                      Minimum floor heights shall be set to provide 0.5m freeboard from the 1 in 100 year flood
                      levels.
                      The applicant is advised that a property notation shall be placed on Council’s rates records
                      for the proposed lots advising prospective purchasers of minimum floor levels that may apply.




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               33.    Prior to sealing the Plan of Survey a Metes and Bounds Plan shall be submitted for Lots 10,
                      13, 14, and 15 to locate the house site areas in accordance with those indicated on Plan
                      LAND/PRO.B.
                      Dwelling houses and effluent disposal on these allotments shall be located within theses
                      designated building envelopes.
                      A property note shall be added to these allotments to advise prospective purchasers of the
                      designated building envelopes.
               34.    Following completion of the filling works and prior to endorsement of the Plan of Survey, the
                      registered practicing Geotechnical Engineer supervising the works shall submit compaction
                      tests across the entire filled areas and a site classification report for each lot subject to filling.
                      The extent of fill and each lot site classification shall be shown on a metes and bounds survey
                      plan.
                      An appropriate property notation shall be placed on Council's rates records to advise
                      prospective purchasers of lots that have been filled that special foundations requirements
                      may apply.
               35.    The applicant is advised that the following notation shall be placed on the rates records for
                      the proposed new allotments to advise prospective purchasers of Council’s requirements
                      regarding house siting and effluent disposal:-
                                   ‘The property is in an unsewered area. Effluent shall be disposed of on-site in
                                   accordance with Council’s policy for on-site wastewater disposal current at the time
                                   of Building Works. A detailed site assessment and effluent land application design
                                   will be required to be submitted to Council at the time of application for a
                                   Development Permit for Building Works.
                                   You are advised that a preliminary investigation for this site indicated that a
                                   secondary wastewater treatment system may be required.’
                      For further information regarding on-site wastewater disposal please contact Council’s
                      Plumbing Services Department.
               36.    The applicants are to note that a property note will be placed on the rates records of all lots
                      to advise prospective purchasers that the adjoining land is a primary production lot and, as
                      such, may at times generate high noise levels and involve the use of herbicides, pesticides
                      and possibly aerial spraying.
               37.    Access to created lots is prohibited along the Junction Road and Cootharaba Road frontage
                      of lots 2,3,6,7,9,10,22,23. This will be placed as a property note on these properties.
               38.    The applicant is advised that the following property note shall be added to all new allotments
                      to advise prospective purchasers of the nearby airstrip.
                      ‘This property is in the vicinity of a private airstrip and may be subject to aircraft noise. For
                      details of the airstrip use rights contact the Federal Aviation Authority.’
               39.    The applicant is to investigate the site of the original cattle dip on the property. A chemical
                      contamination report is to be prepared by a qualified person and if it is found to be
                      contaminated, the site shall be entered on the Department of Environment’s Contaminated
                      Sites Register. A clearance from this Department will subsequently be required to be
                      presented to Council prior to the approval of engineering drawings or any subdivisional works
                      proceeding.




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               Additional Conditions – 8 September 2026 – 151999.982601.3
                      Approved Plan – Amended Building Envelope
               40.    Development authorised by this approval relates to Lot 19 SP152355 and must be
                      undertaken generally in accordance with the building envelope plan listed in the table below.

                        Plan No.       Rev.   Plan/Document Name                                     Date

                        3089_D2          A    Contour and Detail Survey - Site Plan 24 Eucalypt 24/07/2026
                                              Way over Lot 19 on SP152355 prepared by Level Up
                                              Surveying

               41.    Any new habitable buildings within the Approved Building Envelope Plan shall meet a
                      minimum habitable floor level of RL 10.75 m AHD.
                      Building Envelope – Lot 19 SP152355
               42.    All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
                      the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
                      shown on the Approved Plans.
               43.    The applicant must prepare a metes and bounds building envelopes plan indicating House
                      site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
                      with the approved plans Contour and Detail Survey - Site Plan 24 Eucalypt Way over Lot 19
                      on SP152355 prepared by Level Up Surveying, dated 24/7/2026. The plans must be
                      submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
                      applicant must submit the plans to Council prior to Building Works approval.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Infrastructure Charges
               1.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
               7.     PROPERTY NOTES

                      151999.982601.3 Building Envelope – Lot 19 SP152355
               1.     All future buildings on Lot 19 SP152355 must be sited and constructed in accordance with
                      the approved building envelopes and dwelling controls (i.e. the “Plan of Development”)
                      shown on the Approved Plans.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.



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Page 8

               11.      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.
               12.      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 | Development Assessment
               Development & Regulation



               Enc:     Appeal Rights
                        Approved Plans/Documents

               DECISION NOTICE HISTORY
               •     Original Decision Notice – 28 February 2002
               •     Negotiated Decision Notice

               •     Decision Notice – Extension to Currency Period – 9 October 2002
               •     Generally in Accordance – 27 September 2013
               •     Generally in Accordance – 4 September 2018

               •     Decision Notice – Minor – 151999.982601.3 – 8 September 2026, include additional conditions 40 – 43




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Page 9

                                                                              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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Document Set ID: 25155678
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Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.