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SUPERSEDED - Approved Decision Notice - RAL21 0026 & OPW21 0303
Officer: Jada Lyons
Direct Telephone: 07 53296527
Our Reference: RAL21/0026 & OPW21/0303
Your Reference: 101
25 May 2022
Mr SJ Duncan & KN Duncan
C/- Out of the Woods Planning
14 Cobbold Lane
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 20 May 2022, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: RAL21/0026 & OPW21/0303
Street address: 29 Currawong Cres Peregian Beach Qld 4573
Real property description: Lot 373 P 93115
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot – (1 into 2 lots)
Development Permit for Operational Works – Drainage, Stormwater & Driveway
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
RAL21/0026
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
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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Approved Plans
2. 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
TS2122-POD B Plan of Development, prepared by Colston 18/10/2021
Surveyors
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
4. 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
5. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 20 May 2026, unless
an application to extend the currency period is approved by Council.
Boundary Encroachments
6. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
comply with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice
b. all utility services and connections (eg. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
ENGINEERING
Site Access and Driveways
7. Two sealed access driveways (one to each of the proposed lots 31 and 32) must be provided
from Currawong Cres to all parking and manoeuvring areas of the development. The works
must be undertaken in accordance with the conditions of this approval and must include in
particular driveway crossovers generally in accordance with Councils standard drawings RS-
049 and RS-050.
Stormwater Drainage
8. 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 the conditions of this approval.
Services
9. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
10. 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.
11. 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.
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Easements
12. 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.
13. 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.
14. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
15. All fill and associated batters must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks must be
undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
Earthworks for Commercial and Residential Developments.
16. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
17. 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
18. 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.
OPW21/0303
APPROVED PLANS
19. 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
21/8698-2 B Proposed Site Plan March 2022
Prepared by Crocker & Associates Pty Ltd
21/8698-3 B Proposed Driveway to Lot.31 March 2022
Prepared by Crocker & Associates Pty Ltd
CURRENCY PERIOD
20. The Currency Period for this development approval lapses if the development has not
substantially started by 13 May 2024, unless an application to extend the currency period is
approved by Council.
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PRIOR TO COMMENCEMENT OF WORKS
Engineering
21. All necessary approvals from external service providers (e.g. Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
22. Copy of approved plan 21/8698-3: “Proposed Driveway to Lot.31”, duly signed by the
consultant Registered Professional Engineer of Queensland (RPEQ) must be provided to
Council’s Engineering Officer Construction prior to the “prestart” meeting
23. A condition report including photographs of the frontage of the site must be completed and
submitted to council prior to the prestart meeting.
24. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
25. 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 6245. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Erosion and sediment control works;
c. Other relevant parties
26. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD).
b. provision for safe pedestrian access across the frontage of the site both during daily
construction and after daily construction has ceased.
27. 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.
28. 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.
DURING CONSTRUCTION
Engineering
29. 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.
30. 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 Reconfiguration of Lot approval viz.
RAL21/0026 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
31. Safe pedestrian 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.
32. 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.
33. 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.
Site Access and Driveways
34. Driveway crossovers must be constructed generally in accordance with council’s Standard
Drawings RS-049 and RS-050.
35. 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.
36. The following must be complied with during the construction of the required
crossovers/driveways:
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. The properties’ accesses 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
37. All earthworks must be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as
defined in Appendix B.
Stormwater Drainage
38. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
39. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g. by blocking or interfering with natural overland flows).
40. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Erosion and Sediment Control
41. 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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42. 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.
43. 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).
44. 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.
45. 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.
46. 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.
Damage to Services and Assets
47. 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.
FOLLOWING CONSTRUCTION / PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
48. 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.
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Final Inspection
49. A final inspection and approval of the works and completed reinstatement works by Council’s
Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
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 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1 response on 12
at https://prod2.dev- (Planning Regulation November 2021
assess.qld.gov.au/suite 2017): Premises (Reference No. 2111-
/ (for assistance, contaminated because of 25753 SRA. A copy of
contact DILGP at 5352 unexploded ordnance the response is
9701 or attached.
email:[email protected]
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
General Advisory Notes
2. As these driveways are private structures, the owner bears full responsibly for the standard
of its construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed generally in accordance with standard drawings RS-
049 and RS-050.
3. 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.
4. 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.
5. 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 and Inspections Request
6. Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
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7. 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.
Environmental Advisory Notes
8. 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
9. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control
10. 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).
11. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
b. Stormwater runoff from the site is not currently and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not
achieved a level of stability that Council's Officers believe will have a high probability
of achieving long term stability (i.e. until house construction has occurred on all lots),
Council Officers may take the following matters into consideration in determining
whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at
an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective
grass cover.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
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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 online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Jada Lyons
Assistant Development Planner
Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc. [email protected]
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Page 11 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] 2111-25753 SRA SARA reference: 2111-25753 SRA Assessment Manager: Noosa Shire Council Street address: 29 Currawong Crescent, Peregian Beach Real property description: Lot 373 P93115 Applicant name: Stuart and Katrina Duncan c/- Out of the Woods Planning Applicant contact details: 14 Cobbold Lane Maroochydore QLD 4558 [email protected] Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules) Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Caroline Plank, Senior Planning Officer, on 5352 9709 or via email [email protected] who will be pleased to assist. Yours sincerely Garth Nolan Manager (Planning) cc Stuart and Katrina Duncan c/- Out of the Woods Planning, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations provisions State Assessment and Referral Agency Page 2 of 7 Document Set ID: 21939337 Page 11 of 17 Version: 4, Version Date: 26/05/2022
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Page 12 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] Attachment 1—Referral agency conditions 2111-25753 SRA (Under section 56(1)}(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) No. Conditions Condition timing Material change of use Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) —The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of State Development, Infrastructure, Local Government and Planning to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition: 1. | Provide written confirmation to the Department of State Development, Prior to the Infrastructure, Local Goverment and Planning by an approved contractor on | commencement the Australian Government, Department of Défense, Unexploded Ordnance of works (UXO) Panel that the subject site has been remediated and cleared of unexploded ordnances. The Unexploded Ordnance (UXO) Panel is found online at: lidefence.qov.au/estatemanagement/support/DEHP/WhoTo! e.a State Assessment and Referral Agency Page 3 of 7 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 Page 12 of 17
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Page 13 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] 2111-25753 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has its ordinary meaning. 2. Provide the owner, occupier and any person employed to work on the subject site the following information: (a) Residual UXO may still exist following remediation and all work should proceed with due caution. (b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof: i. advise the police immediately do not disturb the object iii. take action, where appropriate, to prevent it being disturbed. (c) Another person: i. note its approximate dimensions and general appearance ii. note the route to its location. Applicants wanting to find out more details of area management advice (AMA), current UXO investigations and remedial search contractors may use the following websites: ¢ Department of Environment and Science - https:/Awww.des.qid.gov.au/ OR ¢ Commonwealth Department of Defence - http-/Awww.defence.gov.au/uxo/_ State Assessment and Referral Agency Page 4 of 7 Document Set ID: 21939337 Page 13 of 17 Version: 4, Version Date: 26/05/2022
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Page 14 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] 2111-25753 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the department's decision are: *® The development application is for a development permit for a material change of use for a dwelling house. © The subject site is located within an area with potential for unexploded ordinances, and therefore the application required referral to SARA for assessment against the State Development Assessment Provisions (SDAP) v2.6, State code 13: Unexploded ordnance (State code 13). ® SARA determined that the application can meet the performance outcomes of State code 13, subject to a condition of approval to ensure the development is managed in a manner that protects human safety and the environment. Material used in the assessment of the application: The development application material and submitted plans Planning Act 2016 Pianning Regulation 2017 The State Development Assessment Provisions (version 2.6), as published by the department The Development Assessment Rules SARA DA Mapping system ‘State Assessment and Referral Agency Page 5 of 7 Document Set ID: 21939337 Page 14 of 17 Version: 4, Version Date: 26/05/2022
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Page 15 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] 2111-25753 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 7 Document Set ID: 21939337 Page 15 of 17 Version: 4, Version Date: 26/05/2022
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Page 16 of 17 Document Set ID: 21939337 Version: 4, Version Date: 26/05/2022 [OCR of page images] 2111-25753 SRA State Assessment and Referral Agency Page 7 of 7 Document Set ID: 21939337 Page 16 of 17 Version: 4, Version Date: 26/05/2022
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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: 21939337
Version: 4, Version Date: 26/05/2022