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RAL20-0021 Bulk_20210715160345
Noosa Council documents
Officer: Patrick Murphy
Direct Telephone: 61753296436
Our Reference: RAL20/0021 :
Your Reference: 20/5179
15 July 2021
Vantralia Pty Ltd
C/- Max Watterson & Associates
PO Box 639
COOROY QLD 4563
[email protected]
Dear
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
9 July 2021, Council decided your representations. This negotiated decision notice replaces the
decision notice of 30 April 2021.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: RAL20/0021
Street address: 2 Pearsons Rd Cooroy Qld 4563
Real property description: Lot 3 RP 113733
Planning Scheme: Noosa Plan 2020 (31 July 2020)
2. DECISION DETAILS
Council on 30 April 2021, decided to issue the following type of approval:
Development Permit to Reconfigure a Lot (1 Lot into 19 and park)
In relation to representations, Council on 8 June 2021 decided to:
A. Agree to amend conditions 7, 8e, 10, 13b, 13d, 22, 23, 31a, and 36a, b, and c
B. Delete conditions 13e, 13f and 32
C. Refuse to amend conditions 12, 13a and 13c for the following reasons:
i. The proposed development is required to provide adequate pedestrian/bicycle
connectivity in accordance with the Transport, Roads and Drainage Code to
encourage travel by means other than private vehicles and provide connection to
the wider pathway networks and public transport.
ii. The water quality conditions are consistent with the requirements of the State
Planning Policy and the Noosa Plan 2020.
D. Refuse to delete condition 36d for the following reasons:
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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i. A grassed detention swale is not supported as CEPTD requirements can be achieved
with low shrubbery and native grasses, the planting of vegetation reduces
maintenance costs into the future.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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
20-5179AN B Plan of Proposed Reconfiguration of Lot 3 23.04.2021
on RP 113733
2. All lot numbering on the subdivision plan to be submitted to Council for the plan sealing
application must remain as shown on the Approved Plans.
3. 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.
Currency Period
4. This development approval lapses if the use has not happened by 30 April 2025, unless an
application to extend the currency period is approved by Council.
Performance Bond
5. Prior to arranging a Prestart meeting for the operational works, a security bond in the form
of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to
Council, to secure the performance of all conditions of this approval. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Dedication of Land as Reserve
6. The area identified as ‘Lot 100 Park’ on the approved plans must be dedicated to the Council
in fee simple on trust as a reserve for the purpose of an Environmental Park purposes.
Condition 6 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Works within Protected Land
7. The following works must be undertaken within the land to be dedicated to the Crown as a
reserve for the purpose of an Environmental Park and Lot 99 RP881300:
a. The construction of a pathway in accordance with drawing number 2035-01 (master
Layout & SWMP Plan 1of 3) Rev E dated 16.04.2021.
b. Rehabilitation of the park area within the proposed Lot 100 – Environmental Park.
c. Revegetation of the riparian width only of the constructed waterway within proposed
Lot 100 and existing Lot 99 in RP881300.
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New Roads
8. The new road shown on the Approved Plans must be constructed in accordance with the
conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The
new road must join smoothly with the existing formation of Blue Wren Court. The works must
be undertaken in accordance with an Operational Works approval and be designed and
constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design
Standards. The works must include in particular:
a. a reserve width of 15 metres minimum and widened where necessary to encompass
the verge area around the cul-de-sac
b. sealing, kerbing and channelling
c. construction of pedestrian footpaths in accordance with the conditions of this Decision
Notice.
d. provision of 3 indented parking spaces adjacent to proposed Lot 100 (Park)
e. installation of street and pathway lighting
f. a cul-de-sac with a circular turning area of sufficient size to accommodate the single
forward motion turn of a Waste Collection Vehicle (WCV) clear of private driveways on-
street parking and speed control devices.
9. The new road shown on the Approved Plans must be constructed in accordance with the
conditions of this Decision Notice and dedicated as road reserve at no cost to Council. The
new road must join smoothly with the existing formation of Blue Wren Court. The works must
be undertaken in accordance with an Operational Works approval and be designed and
constructed in accordance with Council’s Planning Scheme Policy 6 – Engineering Design
Standards. The works must include in particular:
a. Installation of street lighting within the road reserve and where required on the pathway
between Lots 6 & 7 and Spotted Gum Court to ensure this pathway is appropriately lit.
Concrete Bin Pad
10. Concrete bin pads for Lots 7 - 11 must be constructed on the kerbside of the new road,
located proximate to the lot/lots it serves and generally in accordance with the approved
plans. The bin pads must be in accordance with an Operational Work approval and
sufficiently sized to wholly accommodate 2 wheelie bins for each lot.
Property Access and Driveways
10. A residential driveway must be constructed to Lot 3 -15. In regard to Lots 8 & 9 the access
must extend from the road formation to the end of the access handle/easement.
The works must be undertaken in accordance with an Operational Works approval.
11. Vehicle access to Lots 2 -15 is limited to the constructed driveway only. A clause must be
included in the contract of sale for Lots 2 -15 which requires vehicle access to be from the
constructed driveway only, and which prohibits the driveway from being relocated without
Council agreement.
Pedestrian and Bicycle Facilities
12. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. 2.0 metre wide footpaths as indicated on the approved plans within the new road
reserve and within the proposed Park
b. a 2.0 metre wide footpath extending north thorough the adjoining Park to the footbridge
c. a 2.0 metre wide footpath between proposed Lots 6 and 7 and extending to the south
along the pathway between Lots 39 and 40 SP305293 to the formation of Spotted Gum
Court. The works must include any necessary modifications to the existing storm pit
located in the pathway between Lots 39 and 40 SP305293.
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The pathway must be
i. adequately lit
ii. turfed either side of the pathway
iii. designed to ensure inhibit vehicle access
d. a connection to the existing pathway on the southern side of Spotted Gum Court
e. pram crossings on either side of Spotted Gum Court and where required on the new
road
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Quality
13. Stormwater Quality Treatment must generally be in accordance with the Integrated Water
Management Plan revision 3 16 Lot Reconfiguration at Pearsons Road, Cooroy for Noosa
Council April 2021, except as follows:
a. Gross Pollutant Traps are not approved. Alternative measures to achieve the pollutant
reduction predicted for the GPT’s must be provided.
b. The first applicant for Operational Works submitted to this approval must include an
amended Integrated Water Management Plan (IWMP). The amended IWMP submitted
for approval must include an updated MUSIC model prepared in accordance with the
Healthy Land and Water, Water by design Music Modelling Guidelines, which
demonstrate the minimum pollution reduction targets of 80% reduction in Total
Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total
Nitrogen are achievable by the detail design, required by this approval.
c. Pollutant reduction target calculations must include pollutant reductions obtained for
Catchment F
d. Appendix 1 of the amended IWMP must clearly outline special design elements, such
as roof water connections to kerb required by any building or plumbing design to
achieve the minimum pollutant reduction target for the development.
e. Deleted.
f. Deleted.
14. The Operational Works Application must demonstrate that the design for water quality
treatment features are consistent with the technical design guideline published by Healthy
Land and Water, Water by Design for the feature. (eg. For Bioretention Basins: Bioretention
Technical Design Guidelines (October 2014) and for Wetland Systems the Wetland
Technical Design Guideline (May 2017).
15. Permanent educational signage provided in must be erected to educate the residents of the
development about the function of the bioretention device(s). The dimensions, standard,
presentation and location of the educational signage materials and colour schemes must be
consistent with Noosa’s Design Principals and in accordance with an Operational Works
approval.
Stormwater Quantity and Flooding
16. In conjunction with the submission of a development application for Operational Works,
provide final design details for the stormwater detention system and updated modelling. The
detention system is to be based generally on the approach documented in Flood Assessment
Report Revision 3, prepared by Callaghan and Toth, dated April 2021 and is to address the
following points:
a. Any updates required for consistency with the amended approved Integrated Water
Management Plan.
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b. Updated modelling is to be based on basin routing procedures (as described in QUDM
Section 5.6.2), with full details of the basin outlet structure provided.
c. Analysed durations, (for which no increase in peak flows is to be achieved for the post
development condition compared to pre-development), are to include the critical
durations for the waterway through the urban areas of Cooroy downstream of the site.
d. The design is to achieve the Waterway Stability design objective of the SPP Appendix
2 Code: Water Quality, which requires the peak 1-year ARI event discharge within the
receiving waterway to be limited to the pre-development peak 1-year ARI discharge
Stormwater Drainage 1.
17. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works approval
and the Queensland Urban Drainage Manual, and must include in particular registration of
drainage easements (where relevant) and the use of gravity stormwater drainage and not
surcharge pits.
18. The surface levels of all lots (excluding drainage reserves) must be constructed to provide
flood immunity. The works must be undertaken in accordance with an Operational Works
approval and must include in particular surface levels that are higher than each of the
following: (a) the local 1%AEP flood level at year 2100 (plus freeboard) (b) the regional
1%AEP flood level at year 2100 (plus freeboard)
Services
19. Underground reticulated electricity and telecommunication services must be provided to
each lot in accordance with an approval for Operational Works and the standards and
requirements of the relevant service provider.
20. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
21. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
22. An easement for drainage purposes must be registered against the title of proposed Lot 8 in
favour of proposed lots 9 and 16, Lot 2 on RP113733 and Lot 1 on RP113733. However,
should the owners of either or both Lots 1 and 2 on RP113733 not agree in writing to the
execution of the Easement document within 60 days of a written request from the applicant;
the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.
23. An easement for drainage purposes must be registered against the title of proposed Lot 10
in favour of Lot 1 on RP113733. However, should the owners of Lot 1 on RP113733 not
agree in writing to the execution of the Easement document within 60 days of a written
request from the applicant; the Easement can be prepared to benefit Noosa Shire Council.
The term of the easement must place the maintenance responsibilities on the grantor.
24. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
25. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
26. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
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Earthworks and Retaining Walls
27. All earthworks and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
28. Any retaining walls/structures must be wholly contained thin the lot they support.
29. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
30. 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.
Landscaping Works
31. The development site must be landscaped. The work must be undertaken in accordance with
an Operational Works approval and the Noosa Plan for that specific area and must include
in particular:
a. Provision of 15 street trees along the frontage of the Lots with a minimum pot size of
45 litres planted within the road reserve, excluding the head of the cul-de-sac.
32. Deleted.
33. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
Fauna Management
34. Vegetation must only be removed or disturbed in accordance with a Fauna Management
Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
Vegetation Management
35. An arborist’s report is to be submitted for approval as part of the operational works
application. The purpose of the arborist’s report is to identify the native vegetation to be
retained on site, whilst recognising the need for vegetation clearing to occur in order to carry
out the development. The vegetation to be retained must be clear of proposed services, not
present a nuisance to neighbouring properties and be generally suitable for the proposed
location. The report is to be prepared by a suitably qualified person*.
(*Refer Advisory Note)
Rehabilitation works of Waterway and Park
36. Rehabilitation works must be undertaken in accordance with an Operational Works approval
and Planning Scheme Policy - PSP 2 Landscaping. An ecological rehabilitation plan must be
submitted, prepared by a suitably qualified person* (* refer Advisory Notes) for the waterway
and park area and must include in particular:
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a. Rehabilitation of the Waterway – the area to be rehabilitated must be generally 5m
form the centreline of the waterway; from the new road south of Lot 15 to the creek in
Lot 99 in RP881300 as shown on drawing number 2035-01 (Master Layout & SWMP
Plan 1 of 3) Rev E dated 16.04.2021.
b. Mature vegetation within the waterway corridor must be retained in situ if possible,
unless required to be removed for the construction of the natural channel (waterway)
south of Lot 15, or where vegetation poses a risk. Where vegetation is required to be
removed to reduce safety risks this request is to be supported by a written report from
a qualified person
c. Retention of existing bed and banks of the waterway unless required to be modified to
ensure function of the approved stormwater system, which may include reshaping into
a vegetated swale with stone low flow base and vegetated banks with coir mesh.
d. The waterway must be rehabilitated to reflect natural function and form, and include
riffles and ponds to provide variability in flow depth and refugia for fauna to live in during
dry periods.
e. details of the treatment to all batters, armoury, plantings, weed treatment, location of
services/utilities and rehabilitation.
f. Retention of significant trees within the park area to provide roost and forage values
for fauna, whilst ensuring a monoculture of Gympie Messmates (Eucalyptus cloeziana)
is not retained.
g. Revegetation of the park area, including the detention basin, ensuring plantings
maintain sufficient separation from the proposed pathway in the park, using a
staggered growth forms, grading from grasses , shrubs through to trees either side of
the pathway, where applicable.
h. a species palette and densities table incorporating the species selection of only native
local species suitable for the site
i. a maintenance period of no less than 3 years for the park area (Lot 100 and waterway
area in Lot 99)
j. measurable and achievable criteria on which the performance of the floristic and
structural component of the re-vegetation strategy can be assessed annually over three
years, including no weeds at the end of the rehabilitation period
k. control of all weeds species listed in the following standards and legislation:
i. Scheduled plants under the Noosa Biosecurity Plan 2020
ii. Undesirable Plant Species listed in Table SC6.3.5.1 of the Planning Scheme
Policy 2 Landscaping of the Noosa Plan 2020
iii. Council Listed Environmental Weeds, Exotic Grasses and other plants identified
in writing by Council
37. All rehabilitation and re-vegetation of the waterway and park must be completed prior to
Council endorsement of the Plan of Survey.
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5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, Subdivision 2, response on
at https://prod2.dev- Table 1, Item 1 4 November 2020
assess.qld.gov.au/suite (10.9.4.2.1.1)— (Reference No. 2010-
/ (for assistance, Reconfiguring a lot within 19147 SRA). A copy of
contact DILGP at 5352 25m of a state transport the response is
9701 or corridor (Planning attached
email:SEQNorthSARA Regulation 2017)
@dilgp.qld.gov.au
Schedule 10, Part 9, The agency provided its
Division 4, Subdivision 2, response on
Table 3, Item 1 4 November 2020
(10.9.4.2.3.1)— (Reference No. 2010-
Reconfiguring a lot within 19147 SRA). A copy of
100m of a state- the response is
controlled road attached
intersection (Planning
Regulation 2017)
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
3. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased.
iii. proposed fencing to the site during the construction phase of the development.
iv. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads.
v. provision for worker car parking.
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b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Infrastructure Charges
4. 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
Qualified Person
5. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
6. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture; and
c. a minimum of 3 years current experience in the field of arboriculture.
7. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect, Environmental Engineer or ecologist with a minimum of 3 years current
experience in the field of landscape design.
8. For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
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7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL20/0021 - Property Access Driveway
1. The following notation applies to approved lots 2 - 15:
To ensure that the integrity of the Council infrastructure in the road reserve is preserved,
vehicle access to this lot must be from the constructed driveway only unless otherwise
approved by Council (refer to Council Approval RAL20/0021).
RAL20/0021 - Concrete Bin Pad
2. The following notation applies to approved lots 7 - 11
A concrete bin pad for this lot has been constructed on the kerbside in front of the Lots. Bins
must be placed on the concrete bin pad on collection day.
RAL20/0021 – Property Access Lot 11
3. The following notation applies to Lot 11
No vehicle is to be obtained from Pearson Rd.
RAL20/0021 – Stormwater Quality
4. Where applicable the following notation applies to affected properties.
Additional detail design measures must be implemented to achieve the minimum stormwater
pollutant reduction targets.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Electrical and
Vegetation Clearing.
10. SUBMISSIONS
Not applicable.
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.
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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully,
Patrick Murphy
Coordinator Planning
Enc: Appeal Rights
cc. [email protected])
DECISION NOTICE HISTORY
Original Decision Notice – 30 April 2021.
Negotiated Decision Notice – 9 July 2021, with an amendment to conditions 7, 8e, 10, 13b, 13d, 22, 23, 31a, and 36a, b, and c.
and delete conditions 13e, 13f and 32
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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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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Document Set ID: 21492011
Version: 6, Version Date: 15/07/2021 Print Date: 15 July 2021, 4:03 PM