Council archive · source document
Decision Notice - Minor Change - 132001 210011 4 - [As Published] · 132001.210011.4
Officer: Tara Norley
Direct Telephone: 07 5329 6486
Our Reference: 132001.210011.4
Your Reference: 002671
13 June 2023
FORTIFIED INVESTMENTS PTY LTD
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 19 April 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132001.210011.4
Street address: Colonial Commercial 239-245 & 6/239-245 Gympie Tce, Noosaville
Qld 4566
Real property description: Lot 0 SP 158841 and Lot 6 SP 158841
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 5 July 2001.
• Development Permit for Material Change of Use of Premises (Multiple Dwelling (20 Units),
Shops, Medical Centre, Service Shops, Professional Offices, Commercial Services,
Commercial Premises & Restaurants.
In relation to the request to make a minor change to the existing approval, Council on 8 June 2023,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change
B. Amend conditions 55, 63, 68, 77 and 78.
C. Include additional condition 79.
3. CURRENCY PERIOD OF APPROVAL
The relevant period for this development approval is in accordance with that stated in the Decision
Notice dated 5 July 2001, unless an application to extend the period is approved by Council under
s 383 of the Sustainable Planning Act 2009.
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
Land Development
Lot Amalgamation
1. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided lot in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of
Survey submitted for registration at the Land Titles Office. Proof of title being issued for the
amalgamated lot shall be submitted to Council prior to the issue of the Development Permit
for Operational Works.
River Flooding
2. All buildings proposed on site shall be constructed to comply with Council’s Minimum Floor
Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme
Maps at the time of issue of the Building Permit.
In this regard and as an indication only - Block ‘A’ (adjacent to the Noosa River) should have
a Minimum Floor Height of RL 2.8 (AHD) and Blocks ‘B’ & ‘C’ should have a Minimum Floor
Height of RL 2.5 (AHD). These levels however are subject to change and verification shall
be made to Council’s Land Development Section prior to obtaining a Development Permit for
Building Works.
Vehicle Access
3. A vehicular access driveway to serve Blocks ‘A’ & ‘B’ shall be constructed from the Elizabeth
Street frontage of the site with a minimum width of 5.5 metres. The driveway shall be
constructed to Council’s design standards and to grades that prevent vehicles from scraping
and/or bottoming.
4. A vehicular access driveway to serve Block ‘C’ shall be constructed from the Elizabeth Street
frontage of the site with a maximum width of 3.0 metres. The driveway shall be constructed
to Council’s design standards and to grades that prevent vehicles from scraping and/or
bottoming.
5. All vehicles shall enter and leave the site in a forward direction.
Loading Areas
On-Street Loading Zone
6. The loading zone proposed in Gympie Terrace (adjacent to the development site) shall be at
least 11.0 metres in length and shall be clearly defined as a loading zone through the use of
line marking. Parking in this zone shall be limited through the provision of signage indicating
a “2 Hour Loading Zone”. These works shall be at the cost of the developer.
7. Detailed plans of the loading zone in Gympie Terrace shall be prepared and submitted to
Council prior to obtaining a Development Permit for Operational Works.
Off-Street Loading Zone
8. Combined loading zone/carpark space - C44, as shown on drawing number 0089-SK02-P2
dated DEC 2000 by Greg Gibbs Architects, shall operate as a Loading Zone between the
hours of 8:00 am to 4:00 pm weekdays and shall be sign posted to indicate this and be at
the cost of the developer.
9. The combined loading zone/carpark space - C44, shall also be at least 3.2 metres wide by
at least 7.7 metres long.
Carparking
On Street Carparking
10. The proposed on street carpark space, immediately behind the proposed loading zone in
Gympie Terrace, shall be sign posted as a “10 Minute Parking Zone”.
Off Street Carparking
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11. Car parking shall be provided within the site as shown on drawing number 0089-SK02-P2
(Rev 1) dated November 2002, prepared by Greg Gibbs Architects, except as modified
herein.
12. A minimum of 52 uncovered car park spaces and 20 car park spaces shall be provided on
site, including 1 clearly defined disabled car park space.
13. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993 for
user class 3 and the minimum head clearance (headroom) at any point shall be 2.3m.
14. The proposed turning area at the end of the aisle that serves proposed carpark spaces C25
to C44 shall be line-marked with chevrons and have the words “No Parking” painted on the
pavement. A sign shall also be provided to indicate that the area is a “Turning Area Only”
and that “No Parking is Permitted”.
15. All staff carpark spaces shall be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
Roadworks Contributions
16. A roadworks contribution of $14,377 towards the upgrading of Elizabeth Street shall be paid
to the Council prior to obtaining a Development Permit for Operational Works. This amount
will be subject to variations in the Consumer Price Index, All Groups Brisbane from March
2001 until the date of payment. The money will be used to assist Council with the cost of
intersection improvements at Elizabeth / James Street and the addition of traffic calming
devises along Elizabeth Street.
Frontage Works
17. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Elizabeth Street frontage of the site in accordance with Planning Scheme policy PSP1
Landscaping Guidelines. Grass shall be couch, free of weeds.
18. A new 1.2 metre wide concrete path shall be constructed across the Elizabeth Street frontage
of the site in accordance with Council’s design standards. Care shall be taken to protect any
significant vegetation or any underground services.
19. A new full width concrete or paved path shall be constructed across the Gympie Terrace
frontage of the site in accordance with Council’s design standards. Care shall be taken to
protect any underground services. Paving details shall match in with Noosaville Foreshore
Conceptual Design.
20. The paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
21. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel and footpath paving in accordance with Council’s Standard specifications prior to
commencement of the use permitted by this permit.
Stormwater Drainage
22. All stormwater drainage shall be collected on site and discharged to Council’s existing
drainage structures in both Gympie Terrace and Elizabeth Street. In this regard, plans shall
be prepared by a Registered Professional Civil Engineer and submitted to Council prior to
obtaining a Development Permit for Operational Works.
23. Stormwater drainage from Lot 24 on RP 839111 (the adjoining unit development to the east,
known as Miriwinni Mews), shall be maintained through the proposed development site.
Though the existing stormwater drainage alignment may be changed to suit the proposed
development - it will be necessary that plans of this work be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development Permit
for Operational Works.
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24. To ensure that polluted run-off does not enter Council’s stormwater drainage system,
stormwater run-off from the carparking areas and the driveways shall have the first flush (the
first 12 mm of rainfall or hose-down) collected in a grease/oil arrestor provided on site prior
to being permitted to discharge into Council’s drainage system.
All other clean stormwater, such as roof water, can be collected on site and discharged
through a single underground drain line directly into the existing drainage system, bypassing
the grease/oil arrestor.
A Development Permit for Building Works shall not be granted until a Development Permit
for Operational Works has been issued in regard to the drainage scheme.
25. All site stormwater drainage shall be by means of a gravity systems.
26. A contribution of $9,700.70 shall be paid to Council towards the cost of the Noosaville Master
Drainage Plan prior to obtaining a Development Permit for Operational Works. The amount
of the contribution shall be adjusted in line with changes to the Consumer Price Index, All
Groups Brisbane from March 2001 until the date of payment.
Sewer Mains
27. The site shall be connected to Council's existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
28. The proposed swimming pool as shown on drawing number 0089-SK02-P2 dated DEC 2000
by Greg Gibbs Architects, shall be reduced in size to comply with Council’s minimum setback
distance from sewer mains.
29. The outermost projection of any part of proposed Block ‘A’, as shown on drawing number
0089-SK02-P2 dated DEC 2000 by Greg Gibbs Architects, shall be at least 3.0 metres from
the sewer main and no encroachments into the zone of influence shall be permitted other
than that which is shown on “Plan A” dated 8/5/01 (copy attached).
In this regard, Council’s Water and Sewerage Capital Works Manager - Mr Michael Froude,
can be contacted on 5449 5288 for consultation if required.
Town Water Supply
30. The site shall be connected to Council's existing town water supply and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
31. Each water connection to the water reticulation system shall extend to the property boundary
and be metered. Where multiple units including leased buildings are served by a single
service, multiple water meters to each individual unit or leased building shall be installed. All
fees for the supply of water meters shall be paid to the Council.
Easements
32. An easement in favour of Lot 24 on RP 839111 (the adjoining unit development to the east,
known as Miriwinni Mews) shall be created over the ultimate stormwater drainage system
that collects stormwater from Lot 24 on RP 839111 through the proposed development site
into drainage in Gympie Terrace.
However, as the ultimate stormwater drainage system is currently proposed through the
walkway of Block ‘A’ (which will have two levels of residential units above it), a volumetric
easement will be necessary.
The width of the easement shall be sufficient to provide a minimum of 1.5 metres either side
of the designed drainage structure and shall have a minimum width of 4.0 metres.
33. A registered easement shall be created over the existing sewer main that crosses the
southern portion of the site. The easement shall be provided parallel to and centred over the
sewer main and be equivalent in width to twice the depth to invert level of the sewer at the
deepest point within the allotment and be no less than 3.0 metres wide.
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34. A registered easement shall be created over the existing sewer main that crosses the
northern portion of the site. The easements shall generally be parallel to and centred over
the sewer main and be equivalent in width to twice the depth to invert level of the sewer at
the deepest point within the allotment and be no less than 3.0 metres wide. Although, in
accordance with “Plan A” dated 8/5/01 (copy attached) the easement will be permitted to
step around the proposed building.
35. With the exception of the ultimate stormwater drainage system that will run through the
walkway of Block ‘A’ under two levels of residential units, no building or other structure shall
be constructed or encroach over an easement. Any building or structure within proximity of
an easement or any other public utility’s underground must have its foundations designed so
that no surcharge loads are imposed upon such underground infrastructure. Foundations
must be taken down a minimum of 1 metre below a line of influence measured 1 metre in the
direction of the foundation from the centreline of the closest underground service and along
the natural angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be designed
by a registered practicing Geotechnical Engineer and submitted with any application for any
Development Permit for Building Works.
Earthworks
36. Fill levels, in accordance with Council’s - Noosaville Master Drainage Plan - will be provided
on application to Council’s Works Directorate.
37. Any filling works required on site shall 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.
Headworks
38. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP 28
and PSP 30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contribution rates as of March 01 under the current policies is as follows:
Water Supply $39,624
Sewerage $47,284
TOTAL $86,908
All headworks contributions shall be paid prior to the issue of a Development Permit for
Building Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
Erosion & Sediment Control
39. Any person acting on this permit shall prevent erosion and sediment export from the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled
disposal of waste, may be necessary.
A $10,000 site control bond is required to be lodged prior to the issue of a Development
Permit for Operational Works to ensure compliance with this condition. It will be refunded
following compliance with this condition and satisfactory completion of all works, less any
costs incurred by Council in effecting compliance with the condition.
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General
40. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
41. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
42. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Building
43. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with the
minimum required floor level required by the provisions of the Planning Scheme and the
maximum height specified in condition number 56.
44. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
a. On a Sunday or public holiday, at any time; or
b. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
45. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled Discrimination Act (DDA) in regard to the installation of
disabled access and the provisions of disabled facilties, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
part D3 and Section F Clause F2.4 of the Building code of Australia.
Environmental Health
46. An annual licence and registration of the premises is required under the Food Hygiene
Regulations of 1989 from Council’s Environmental Health Section where unpackaged food
is sold, prepared, packed, stored, handled, served or supplied for sale.
47. An annual licence is required under the Health Regulations 1996 from Council’s
Environmental Health Section where hairdressing or skin penetration is to be performed on
the premises.
48. The developer must provide a suitably screened imperviously paved area large enough for
all refuse and recycling containers. A roofed wash down area is required with a cold-water
tap, hose and drain outlet connected to sewer.
49. The development must allow refuse-loading areas to be located off street. All vehicles
associated with the collection of waste/recyclables, shall enter and leave the site in a forward
direction.
50. Street litter bins to a design approved by Council, shall be supplied and installed at the
developers expense at agreed locations.
51. 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, dust or odour nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
offences.
52. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in accordance
with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
fines apply for such offences.
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53. All refrigeration plant including motors, shall be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998. On the spot fines apply for such offences.
54. Air conditioning units shall be located in a manner which prevents noise nuisance beyond
the subject land in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998. On the spot fines apply for such offences.
Land Use
55. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 0089 SK02 Issue P3 &
0089 SK03 Issue P2, 0089 SK04, 0089 SK05 P1 and perspective submitted 5 June 2001
prepared by Greg Gibbs Architects and as may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
22122 A MCU Floor Plan, prepared by Icon Venues (Tenancy 14/07/22
5)
202 SD1 Floor Plan, prepared by Hiller Design 19/04/23
56. The proposed development shall not exceed 12.6 metres in building height for ‘Building A’
and 12 metres for ‘Building B’ from the natural and finished ground level pursuant to the
Schedule to the Planning Scheme for Noosa Shire. Prior to approval of Operational Works
and submission of an application for Building Works, a plan shall be submitted showing the
AHD levels for each of the proposed buildings, demonstrating compliance with the maximum
height’s specified.
57. The “retaining wall” to the site’s Gympie Terrace frontage depicted in the perspective’s is not
approved, as it does not provide a suitable transition between the change in levels from the
pedestrian footpath to the building floor level.
58. The change in levels between the pedestrian footpath in Gympie Terrace and the building
floor levels shall be generally in accordance with the section plans provided by Greg Gibbs
Architects submitted on 8 June 2001.
59. The restaurants shall not operate outside the hours of 7am-10pm Sunday to Thursday and
7am-12am Friday and Saturday.
60. The pedestrian path shown along the site’s eastern boundary shall remain open for use by
the public at least between the hours of 6:00 am to 7:00 pm 7 days a week.
61. Pedestrian access shall also remain open from the Shops, Medical Centre, Service Shops,
Professional Offices, Commercial Services, Commercial Premises, Restaurants to the car
park area whilst any of these uses are operating.
62. There shall be no more than 1 medical centre with 2 medical practitioners.
63. The restaurants are limited to tenancies 1, 2, 3, 4, 5 and 6, and shall not exceed a total use
area of 429.4m2 inclusive of the outdoor dining areas (total of 74m2). No other tenancy shall
be utilised as a restaurant.
64. 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.
65. Noise emissions associated with the restaurant use shall be in accordance with AS1055.1
and not exceed 5dB(A) and 3dB(A) above background noise levels, between 7am-10pm and
10pm-7am respectively measured from the nearest residential structure.
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66. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan. Such landscaping is to
be completed prior to the premises being occupied and maintained at all times thereafter.
67. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage.
68. The five areas of outdoor dining (28sqm, 15sqm, 24sqm, 5sqm & 2sqm) are to be clearly
delineated to ensure that no further areas are utilised for such a purpose. In this regard the
outdoor dining area for tenancy 1 is to be marked by a form of planters or the like and the
outdoor dining for tenancy 3, 4, 5 & 6 is to be marked by brass or similar indicators in survey
holes. The total number of tables and chairs permitted in the outdoor dining area for tenancy
3 shall be 7 tables with a maximum of 4 chairs at each table.
69. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use. The landscape
plans referred to above are to denote areas of existing vegetation or existing trees proposed
to be retained. In particular, the large Eucalypt in the road reserve in Elizabeth Street is to
be retained and its root system is to be protected during works.
70. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
71. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development Permit for Operational Works. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by Council
in respect of enforcing performance of this permit.
72. This Development Permit for a material change of use of premises lapses if:-
a. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
b. the use of any premises pursuant to the Development Permit ceases.
73. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for building works.
Additional Conditions
74. The developer shall undertake the necessary line marking in Elizabeth Street for the
provision of one (1) on-street car park, created through the deletion of a driveway access
formerly off Elizabeth Street.
75. The developer shall provide on-site bicycle parking facilities in accordance with AS 2890.3
within the parking space deleted for the retention of an existing Alexandra Palm tree.
76. The proposed restaurant use for tenancy 4 shall have a maximum use area of 49m2
consisting of 25m2 for internal use area and 24m2 for outdoor dining.
77. The proposed outdoor dining area for the restaurant use of tenancy 4, 5 & 6 is not to obstruct
pedestrian passage and access within common property.
Additional Condition – 29 August 2022
78. Lot 5 (tenancy 5) is approved as:
a. A Food and Drink Outlet, in accordance with the definition under Noosa Plan 2020, and
is limited to a total use areas as per the approved plan including 50.6m2 for indoor
dining and 5m2 for outdoor dining.
or
b. A Shop with a gross floor area of 75m2 in accordance with the definition provided in
Noosa Plan 2006.
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Additional Condition – 8 June 2023
79. Lot 6 A (Tenancy 6) is approved as a:
a. A Food and Drink Outlet, in accordance with the definition under Noosa Plan 2020, and
is limited to a total use area as per the approved plan, including 58.8m2 for indoor dining
and 2m2 for outdoor dining.
or
b. A Shop with a gross floor area of 101m2 in accordance with the definition provided
in Noosa Plan 2006.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Building Works Multiple Dwelling (20 Units), Shops, Medical Centre,
Service Shops, Professional Offices, Commercial
Services, Commercial Premises, Restaurants
Operational Works Landscaping, Carparking, Access, Frontage Works,
Stormwater Disposal, Sediment and Erosion
Controls, Filling of the Site
Reconfiguring a Lot Amalgamation
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.
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
Tara Norley
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 5 July 2001
• Decision Notice - Minor – 28 August 2002, with an amendment to conditions 38 & 63.
• Decision Notice – Minor – 20 November 2002, with an amendment to conditions 11 &
• Decision Notice - Minor – With an amendment to condition 68
• Decision Notice – Change to Existing – 16 February 2016, with amendment to 63 & 68 and include conditions 76 & 77
• Decision Notice - Minor – 132001.210011.3 – 29 August 2022, with an amendment to conditions 55, 63, 68 & 77, and additional
condition 78.
• Decision Notice – Minor - 132001.210011.4 – 8 June 2023, with an amendment to conditions 55, 63, 68 77 & 78, and additional
condition 79.
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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.
Page 11 of 11
Document Set ID: 22457179
Version: 4, Version Date: 13/06/2023
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