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                                                                                Officer:            Morgan Gaffney
                                                                                Direct Telephone:   07 5329 6370
                                                                                Our Reference:      OPW23/0168
                                                                                Your Reference:     n/a

               8 February 2024


               HL Nominees P/L TTE, Lomas (SA) Investments P/L
               PO Box 426
               HOVE SA 5048
               [email protected]



               Dear Sir/Madam,
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 5 February 2024, Council decided to approve the
               application, subject to conditions.
               Details of the decision are as follows:
               1.      APPLICATION DETAILS

                   Application No:              OPW23/0168

                   Street address:              31 Edward Street, Noosaville

                   Real property description:   Lot 3 RP 112875

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works – Drainage Works, Earthworks, Landscaping,
                       Stormwater
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                             PO Box 141
               noosa.qld.gov.au                                                        Tewantin QLD 4565
               [email protected]                                                        07 5329 6500
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               4.     ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                        Plan No.            Rev.      Plan/Document Name                          Date

                        32038-OW3.1         A         Earthworks Plan                             20/12/2023

                        32038-OW1.1         A         Stormwater Management Plan                  20/12/2023

                      The following plans require amendment.

                        Plan No.       Rev.        Plan/Document Name                                 Date

                        21-33 Link     49          Proposed Landscaping Plan, prepared by, JMF 28/06/2022
                                                   Design

                        Amendments The landscape plans must be resubmitted prior to a prestart meeting and
                                   incorporate the following:
                                              a.    Remove the reference to fencing along the Edward Street
                                                    frontage and show the fence location in accordance with the
                                                    MCU approved plans.
                                              b.    Remove underground water tanks from under the garden beds
                                                    and relocate under the driveway.

               CURRENCY PERIOD
               2.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 5 February 2026, unless an application to extend the currency period
                      is approved by Council.
               PRIOR TO COMMENCEMENT OF WORKS
               3.     Submit amended plans to Council as described in the List of plans requiring amendments.
                      Plans must be submitted and approved prior to the pre-start meeting.
               4.     Tree protection fencing must be installed under the supervision of the Project Arborist. (Refer
                      to Retention of Existing Trees Conditions).
               5.     All necessary approvals from external service providers (eg Unitywater) and external parties
                      on which the development works are proposed have been obtained and a copy supplied to
                      Council.
               6.     Copies of the approved plans, duly signed by the consultant Registered Professional
                      Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
                      Construction at the “pre start” meeting.
               7.     A condition report of the drainage system must be completed for agreement at the prestart
                      meeting. The condition report is to include a CCTV inspection of the existing pipe and must
                      include at least 10m upstream and downstream of all works.
               8.     A condition report including photographs of the frontage of the site must be completed and
                      submitted to council at the prestart meeting.
               9.     Certificates demonstrating currency of public liability insurance and works insurance covering
                      the works must be submitted to Council prior to the prestart meeting.




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               10.    Council must be contacted at least 5 working days prior to any works commencing to
                      organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Civil engineering works;
                      b.      Landscape works;
               11.    A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      Appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
                              Devices (MUTCD)
                      b.      Provision for safe pedestrian and vehicle access across the frontage of the site both
                              during daily construction and after daily construction has ceased.
               12.    Any changes to the details associated with the supervising RPEQ or Principal Contractor
                      during construction, must be notified to council in writing within five business days of the
                      change occurring.
               13.    Any conflict between the development and an existing or proposed service must be referred
                      to the relevant service authority for determination prior to commencement of works.
                      Landscaping Works
               14.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice and must include in
                      particular:
                      a.      The works generally shown on the Approved Plans except where varied by the
                              conditions of this approval. The landscape plans must be resubmitted prior to a prestart
                              meeting.
               DURING CONSTRUCTION
                      Engineering
               15.    The developer must meet any costs to repair damage to any Council asset during
                      construction, where damage is a result of the development works. Damage to assets must
                      be repaired immediately where it creates a hazard to the community. In circumstances where
                      the damage does not create a hazard to the community, it must be repaired immediately on
                      completion of the works associated with the development.
               16.    All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
                      who is independent of the Developer and Principal Contractor, and they must certify that all
                      works conform to the Operational Works permit. Where municipal works are involved, such
                      confirmation must be submitted for the respective hold points prior to any site inspection by
                      Council Officers.
               17.    All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice
                      b.      The relevant conditions of the higher order Material Change of Use approval viz.
                              MCU22/0111 to which this approval relates
                      c.      All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines
                      d.      The latest version of the Healthy Waterways document “Water Sensitive Urban Design
                              Technical Design Guidelines for South East Queensland” for all water quality devices
                              to be constructed on site




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                      Works within Road Reserve/Reinstatement
               18.    Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
                      maintained at all times. Should footpath/road closures be necessary to carry out construction
                      works, Council’s Engineering Officer must be notified prior to the proposed closure and all
                      requirements complied with.
               19.    All frontage works must match neatly with existing road and verge/footpath features.
                      Additional works beyond the frontage may be required to provide an acceptable transition to
                      existing road and verge/footpath profiles.
               20.    Electrical conduits or other services proposed to be installed within existing and proposed
                      road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
                      driveways or significant vegetation must be installed by boring. Trenching is not permitted,
                      unless specifically approved by Council.
                      Pathways
               21.    All pathways must be constructed in accordance with the following requirements:
                      a.      All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
                      b.      Provision must be made for disabled access at all kerb crossings associated with
                              pathways, in accordance with Council's current standards.
                      c.      All paths must have a slip resistant surface.
                      d.      Expansion and contraction joints must provide a flush finish. Installation of joints by
                              saw cutting is preferred to ensure a smooth ride for cyclists.
                      e.      The required work includes any modifications to ensure the footpath finishes flush with
                              all existing service covers and the like, or alternatively these services are raised or
                              altered, so as not to create a pedestrian safety hazard.
               22.    Pathways must:
                      a.      terminate in a manner that ensures smooth transition to existing surfaces for public
                              safety.
                      b.      be designed and constructed to comply with the Disability Discrimination Act (DDA),
                              Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
                              access and mobility.
                      Site Access and Driveways
               23.    Driveway crossovers must be constructed in accordance with council’s Standard Drawings
                      RS-049, RS-050 and associated addendum.
               24.    The driveway must achieve a minimum high point of 250mm above the kerb invert level and
                      direct surface runoff towards the Edward Street kerb and channel.
               25.    Any existing unnecessary or redundant property accesses must be removed, and the kerb,
                      footpath and verge area reinstated to match the existing footpath and/or verge treatments.
                      Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
                      or turf, and must be maintained by the developer until established.
               26.    The following must be complied with during the construction of the required
                      crossover/driveway:
                      a.      The driveway surfacing must consist of either an approved hot mixed asphaltic
                              concrete or patterned/plain concrete.
                      b.      The driveway must be constructed so as not to concentrate stormwater runoff onto
                              neighbouring properties.
                      c.      Underground service conduits for water supply, electricity and any other services must
                              be provided as part of the access driveway




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                      d.      Where there is an existing pedestrian path, a matching crossfall must be provided for
                              the driveway on the alignment of the path, for the full width of the path.
                      e.      The property access must be located a minimum of 1m clear of existing power poles,
                              streetlights or other signage. The developer is responsible for any necessary relocation
                              of existing services to provide this clearance and must contact the relevant service
                              authorities and comply with their requirements in relation to these works.
                      Earthworks and Retaining Walls
               27.    A separate development permit for Operational Works must be granted for bulk earthworks
                      prior to any works commencing, unless those works form part of approved building work on
                      the land. A development permit for Operational Works must also be obtained for any site
                      proposed to source fill for, or receive fill from, the development. The transport routes for the
                      haulage of material between these two sites must be identified and approved by Council.
               28.    All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
                      on Earthworks for Commercial and Residential Development. Test results as required by AS
                      3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and
                      submitted to Council prior to Council signing the Plan of Survey.
               29.    Slope and batters are a maximum grade of:
                      a.      1 in 6 where in proximity to waterbodies
                      b.      1 in 4 for grassed areas.
                      c.      1 in 3 for planted areas.
                      d.      1 in 2 for combined structural engineering and planting solutions.
                      Stormwater Drainage
               30.    Appropriate scour protection must be provided at the outlet of all stormwater pipes including
                      temporary outlets.
               31.    Works associated with this permit must not adversely impact on the existing drainage
                      conditions on other properties (eg by blocking or interfering with natural overland flows).
               32.    Drainage works must be undertaken on the site so as not to cause nuisance and annoyance
                      to any person or premises. The development must ensure stormwater overland flow from
                      the development site is not discharged or diverted onto land (other than a road) adjacent to
                      the site in a manner which:
                      a.      Concentrates the rate of flow at any point along the property boundary; or
                      b.      Increases the peak flow rates of stormwater discharged at any point along the property
                              boundary; beyond that which existed prior to commencement of works.
               33.    Construction of all internal stormwater drainage works must comply with the relevant
                      section/s of Australian Standard AS/NZS 3500.3.
               34.    Prior to the completion of the development, all site surfaces must be effectively stabilised
                      using methods which have achieved effective short-term stabilisation and which will continue
                      to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).
                      For the purpose of this condition, an effectively stabilised surface is defined as one that does
                      not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
                      or lead to sedimentation, or lead to water contamination.
                      Erosion and Sediment Control
               35.    Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
                      Regulation 2019) must not be released from the site or to waters within the site, or be likely
                      to be released should rainfall occur, unless all reasonable and practicable measures are
                      taken to prevent or minimise the release and concentration of contamination.




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               36.    Sediment and erosion control measures must be in place prior to works commencing. If such
                      measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
                      fines can be issued if sediments from the site are found to enter or have the potential to enter
                      Council’s stormwater system, natural waterways, any downstream stormwater filtration
                      system or adversely impacting on other properties. The sediment and erosion control design
                      and measures have NOT been approved, it is the site's Supervising Engineer who is
                      responsible for ensuring that the sediment and erosion control measures have:
                      a.      Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
                              practise" methods,
                      b.      Been revised by an RPEQ or CPESC to address the issues raised by changes in the
                              projected construction schedule and/or methods,
                      c.      Been revised to address predicted rainfall events, and
                      d.      Achieve the desired environmental outcomes.
                      Council may request further controls to be installed should the implemented measures be
                      found inefficient.
               37.    The erosion and sediment control measures must be designed, installed and maintained in
                      accordance with the supervising engineer instructions and the current best practice
                      standards * (Refer to Advisory Note).
               38.    The developer must ensure non-essential exposure of soil is prevented by restricting the
                      extent of disturbance and minimising the duration of soil exposure to adverse weather
                      conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
                      to rainfall occurring.
               39.    The developer must ensure sediment does not leave the site or enter onto adjoining
                      properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
                      machinery. It is essential to implement appropriate approved erosion and sediment control
                      measures throughout the site during all phases of construction including vehicle shakedown
                      pad/grid (or similar) at the access to the construction site. Where sediments or other
                      contaminants are deposited on a road, they must be removed so as not to enter Council’s
                      drainage system or waterways.
               40.    Prior to the completion of the development and commencement of use, all site surfaces must
                      be effectively stabilised using methods which have achieved effective short-term stabilisation
                      and which will continue to achieve effective stabilisation in the medium to long-term. For the
                      purpose of this condition, an effectively stabilised surface is defined as one that does not, or
                      is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
                      lead to sedimentation, or lead to water contamination.
                      Landscape
               41.    Landscape works must be supervised, undertaken and certified by qualified persons*. All
                      works must be completed in accordance with this Decision Notice.
                      (* Refer to Advisory Note)
               42.    Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.
               43.    All works must be constructed, and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Material Change of Use approval viz.
                              MCU22/0111 to which this approval relates.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.




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               FOLLOWING CONSTRUCTION
                      Certification
               44.    Upon completion of the work a certificate must be issued by an RPEQ certifying that the
                      works have been constructed in accordance with the Operational Works permit.
               45.    Prior to commencement of use the following (prepared by respective qualified persons* and
                      certifying compliance with approvals) must be submitted to Council:
                      a.      Landscaping certification confirming all works have been constructed in accordance
                              with conditions of approval.
                      Easements
               46.    Prior to the commencement of the use, a 3.0-metre-wide easement for stormwater purposes
                      (including maintenance) must be registered against the title of the property in favour of Noosa
                      Shire Council centered over the existing stormwater pipe and as identified on SCG
                      Consulting’s Proposed Council Stormwater Protection Plan (320380-SWP-Rev A) dated 21
                      February 2022.
               47.    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.
               48.    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.
               49.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      As Constructed Plans and ADAC XML Files (Council)
               50.    Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
                      “As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
                      information shall include:
                      a.      As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
                              file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
                              accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
                      b.      ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
                              prepared in accordance with industry standards and recorded in “MGA - UTM56 /
                              GDA94” projection.
                              Please Note: Further information and advice relating to the as-constructed drawing
                              presentation, as-constructed survey capture and associated guidelines for preparation
                              of a compliant ADAC XML digital file are available on the webpage titled “As-
                              Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
                              Development / Development Tools & Guidelines / As-Constructed Guidelines.
                      c.      The “As-Constructed” drawings will require certification by a:
                              i.       Qualified experienced Civil Engineer (RPEQ) confirming design intent and
                                       conformance with applicable standards and specifications, along with the
                                       relevant descriptions of assets, services and structures and;
                              ii.      Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
                                       information, levels and applicable survey datum.
                      d.      The data must be in accordance with Council’s “Planning Scheme Policy 6 –
                              Engineering Design Standards”, and fully detail the levels for all engineering works
                              including but not limited to the drainage network and structures, finished ground and
                              pavement surface levels.



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                      e.      Landscaping, including all assets and improvements within parks, open space and road
                              reserves areas are to be shown on an accompanying separate landscape plan
                              (prepared in .dwg file format with accompanying hardcopy PDFs) and include a
                              complaint ADAC XML file. Details of the landscaping and all associated assets and
                              improvements may be included in the ADAC XML digital file prepared for associated
                              civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
                              containing landscape and asset information only.
                      f.      The building envelope data must be submitted in both hardcopy and digital format
                              (ADAC XML Digital File). ADAC - Asset Design As Constructed, is to be prepared in
                              accordance with industry standards and recorded in “MGA - UTM56 / GDA94”
                              projection.
                      On Maintenance
               51.    All municipal works must be accepted ‘On Maintenance’ by Council in accordance with
                      Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On
                      Maintenance’, the supervising RPEQ must submit to Council:
                      a.      certification that all works have been undertaken and completed in accordance with the
                              requirements of this Permit.
                      b.      as Constructed details in accordance with Council’s Planning Scheme Policy.
                      c.      maintenance and operational manuals for all proprietary or site specific devices
                      Off Maintenance
               52.    Prior to requesting an Off Maintenance inspection the developer must provide a written
                      request for the Off Maintenance inspection.
               53.    A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
                      where:
                      a.      a Council inspection reveals works do not comply with approval requirements
                      b.      submitted certification falsely states works comply with approval requirements.
               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:
                      General Advisory Notes
               1.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
                      the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               2.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.
               3.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Prestart, On and Off Maintenance Inspections Request
               4.     Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
                      business days notice of preferred inspection time.


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               5.     If Council officers are required to undertake additional inspections of the same works, a
                      reinspection fee will be applicable in accordance with Council’s Fees and Charges register
                      applicable at the time.
               6.     A minimum maintenance period of 12 months will apply to all municipal works and thereafter
                      until such time as the works are performing in accordance with the approved design unless
                      noted otherwise.
                      Environmental Advisory Notes
               7.     The Environmental Protection Act 1994 states that a person must not carry out any activity
                      that causes, or is likely to cause, environmental harm unless the person takes all reasonable
                      and practicable measures to prevent or minimise the harm. Environmental harm includes
                      environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
                      construction and landscaping phases of this development are to adhere to their ‘general
                      environmental duty’ to minimise the risk of causing environmental harm.
                      Erosion and Sediment Control
               8.     Accepted best practice standards include International Erosion Control Association
                      Australasia Best Practice Erosion and Sediment Control.
               9.     Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
                      in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
                      Engineer of Queensland (RPEQ).
                      Landscaping
               10.    Qualified Person, for the purpose of:
                      a.      Supervising landscape works and preparing a landscape certification, is considered to
                              be a landscape architect, landscape designer or horticulturist with a minimum of three
                              years current experience in the field of landscape design.
                      b.      Undertaking landscape construction and establishment works is considered to be a
                              person with five years current experience in commercial landscape construction
                              projects.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               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.




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               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.

               Yours faithfully,




               Morgan Gaffney
               Senior Development Engineer


               Enc:   Appeal Rights
                      Approved Plans/Documents
               cc.    Unitywater




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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: 22803369
Version: 4, Version Date: 08/02/2024

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