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SUPERSEDED - Approved Decision Notice - MCU25 0079 [As Published]
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: MCU25/0079:
Your Reference: 250107
16 December 2025
Sunrise Equities Pty Ltd TTE
C/- URBN Town Planning Pty Ltd
PO Box 81
BUDERIM QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 10 December 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0079
Street address: 4 Ventura St Sunrise Beach Qld 4567
Real property description: Lot 83 RP 132135
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit Material Change of Use – Multiple Dwellings (1 x Dwelling, 3 x Small
Dwellings).
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (MCU25/0079)
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. This development approval lapses if the use has not happened by 10 December 2031,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*
The following plans require amendment.
Plan No. Rev. Plan/Document Name Date
UO2 - Site Plan prepared by Icon Building Design 25/11/2025
UO3 - Units – Ground Floor prepared by Icon 25/11/2025
Building Design
UO4 - Units – First Floor prepared by Icon Building 25/11/2025
Design
UO5 - Elevations prepared by Icon Building 25/11/2025
Design
UO6 - Elevations prepared by Icon Building 25/11/2025
Design
UO8 - Landscaping prepared by Icon Building 25/11/2025
Design
U11 - Heights prepared by Icon Building Design 25/11/2025
U13 - Height assessment RF1.0 prepared by Icon 22/09/2025
Building Design
Amendment 1 Provide revised site plan to remove the decking associated with Unit
4 (existing dwelling) and provide revised landscaping plan to reflect
soft landscaping in replacement of the decking.
Amendment 2 Provide revised plan set clearly demonstrating compliance of site
coverage of 45 % / ~ 414.4m2
Note: Any structures greater than 1 metre above ground level will
contribute to site cover such as balconies, patios, decks, above
ground swimming pools and the like.
Amendment 3 Provide revised plans to achieve a minimum of private open space
area of 9m2 on the upper-level balconies, with a minimum width of
2.5 metres accessed directly from the living spaces.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved development consists of Multiple dwellings (1 x dwelling, 3 x small dwellings).
Building Height
5. The maximum height of the development must not exceed 8.0 metres above ground level.
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6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Performance Bond
7. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, 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. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
8. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ Distributor–
Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater)
must be submitted to Council that certifies an underground connection to reticulated water
and sewerage has been provided to the premises.
Building Appearance
11. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council.
12. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface.
13. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures, except where required to satisfy any privacy
condition of this Decision Notice.
14. External colours and finishes must be of an understated colour scheme and low-reflective
roofing and cladding materials.
15. A variation in external colours is required for each unit.
16. All side boundary fencing or a combination of fence and retaining wall does not exceed 2.0
metres in height above neighbouring ground level.
17. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
18. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Protection of Privacy
19. To ensure privacy is protected between adjoining properties, upper level windows facing the
northern or southern side boundaries for Units 1 & 3 must either:
a. have a minimum window sill height or 1.7 metres above floor level
b. be fitted with translucent glazing;
c. be fitted with a fixed external screens.
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20. The upper level balconies for Units 1 & 3 must include either balcony planter boxes,
balustrading or fixed external screens, positioned in such a way to obscure direct views into
the habitable room windows or private open space areas of the adjoining property. Any fixed
external screen(s) must not extend more than 50% of the length of the balcony.
Landscaping Works
21. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works shown on the Approved Plans;
b. provision of 1 street tree for every 8 metres of road frontage within the Ventura and
Clipper Street road reserves.
c. rear courtyards of new units to be landscaped to contain a combination of ground level
turfing, soft landscaping and trailing vegetation to minimise the presentation of retaining
walls and hardscape.
22. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
23. All works must be carried out in accordance with the Arborist Report Impact Assessment
listed within this Decision Notice
Community Management Statement
24. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
25. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and in particular must include the following
additional clauses:
a. The dwelling units are not permitted to be used for short term accommodation, unless
where identified as accepted development by the Noosa Plan or where there is a
Development Permit for Material Change of Use for Short Term Accommodation in
effect. Short term accommodation means the use of the premises for providing
accommodation of less than 3 consecutive months to tourists or travellers.
External Works – Clipper Street
26. Clipper Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval, and must include in
particular:
a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice; and
b. removal of the existing property access and reinstatement of the kerb and verge area
to match the balance of the site frontage, including the provision of topsoil and turf
where the existing verge is grassed.
Condition 26 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
External Works – Ventura Street
27. Ventura Street must be upgraded for the length of its frontage to the subject site. The works
must be undertaken in accordance with an Operational Works approval, and must include in
particular:
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a. construction of a pedestrian footpath in accordance with the conditions of this Decision
Notice.
Condition 27 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
28. A sealed access driveway must be provided from Clipper Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council standard drawings RS-049 and RS-
050 and any associated addendum.
Car Parking
29. A minimum of 6 car parking spaces must be provided and marked on the site. The works
must be undertaken in accordance with an Operational Works approval, be generally in
accordance with the approved plans and must include in particular:
a. 1 visitor parking spaces within the total;
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
Pedestrian and Bicycle Facilities
30. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval, and must include in
particular:
a. a 1.5m metre wide footpath within the road verge for the entire length of the site’s
frontage to Clipper and Ventura Street – the footpath’s width can be reduced (to a
minimum of 1.2m), only in locations where a 1.5m wide footpath would impede on
minimum clearances (i.e., street trees) or result in the creation of trip hazards for
pedestrians;
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
31. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with reference document Stormwater Management
Report (S22-011, Rev. C) dated 17 July 2025 prepared by Westera and must include in
particular:
a. an amended Stormwater Management Report to include 3,000 litres of rain water
storage per dwelling for non-potable reuse purposes.
b. the treatment of rainwater to achieve the load reduction targets outlined in Acceptable
Outcome 6.2 of the Water Quality and Drainage Code.
c. the attenuation of the post-development peak flow rate to be consistent with the pre-
development peak flow rate.
Condition 31 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
32. Underground reticulated electricity and telecommunication services must be provided to
Units 1-3 in accordance with the standards and requirements of the relevant service provider.
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33. 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.
34. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
35. 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.
36. 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.
37. 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
38. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be undertaken in accordance with an Operational
Works approval, be generally in accordance with the approved plans and contained entirely
within the subject site unless written permission from the respective landowner(s) is provided
to Council.
39. 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
40. 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.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
S22-011 C Stormwater Management Report prepared by 17/07/2025
Westera
LD1 E Drawing Schedule, Specifications prepared by Bird 25/11/2025
Landscape Design
LD2 E Finishes and Planting Schedules prepared by Bird 25/11/2025
Landscape Design
as annotated by Council
LD3 E Details prepared by Bird Landscape Design 25/11/2025
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LP1 E Planting Plan - Ground prepared by Bird 25/11/2025
Landscape Design
As annotated by Council
V2 Arborist Report, Impact Assessment prepared by 20/06/2025
Treesafe Australia
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
5. 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
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Performance Bond Agreement
6. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Qualified Person
7. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. Diploma of Arboriculture in addition to a minimum of 3 years current experience in the
field of arboriculture.
Qualified Person
8. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
Submission of Amended Plans Required
9. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU25/0079.
Building and Construction Industry (Portable Long Service Leave) Levy
10. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
11. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
12. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Biosecurity Act 2014 – Fire Ant Control
Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement controls for
specific organic materials to help prevent the spread of fire ants within South East Queensland’s
fire ant biosecurity zones. Movement of a fire ant carrier from within a fire ant biosecurity zone may
need a biosecurity instrument permit. More information is available on
https://www.fireants.org.au/treat/business-andindustry/movement-controls
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7. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Concurrence Referral Trigger Response
2508-47661 SRA
SARA at DILGP SARA Schedule 10, Part 4, The agency provided its
at DILGP Via MyDAS2 Division 3, Table 1, Item response on 18 August
at https://prod2.dev- 1 (Planning Regulation 2025(Reference No.
assess.qld.gov.au/suite 2017) 2508-47661 SRA). A
/ (for assistance, copy of the response is
contact DILGP at 5352 attached
9701 or
email:[email protected]
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Operational Works Vehicle Crossover, Stormwater Drainage,
Earthworks, Landscaping and External Works.
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. 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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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Referral Agency Response
Infrastructure Charge Notice
Approved Plans/Documents
cc. SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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2508-47661 SRA SARA role: Referral agency SARA trigger: Schedule 10, Part 4, Division 3, Table 1, Item 1 (Planning Regulation 2017) Premises contaminated because of unexploded ordinance SARA reference: 2508-47661 SRA Assessment manager: Noosa Shire Council Street address: 4 Ventura Street, Sunrise Beach Real property description: Lot 83 on RP132135 Applicant name: Sunrise Equities Pty Ltd TTE C/- URBN Town Planning Pty Ltd Applicant contact details: [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Humans Right Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. 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 (chapter 1, part 7, section 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 Rosanna Nobile, Planning Officer, on (07) 5352 9777 or via email [email protected] who will be pleased to assist. Yours sincerely / il / Jamaica Hewston Manager cc Sunrise Equities Pty Ltd TTE C/- URBN Town Planning Pty Ltd, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for early referral agency response Attachment 4 - Representations about a referral agency response provisions State Assessment and Referral Agency Page 2 of 5 Document Set ID: 24381517 Page 12 of 16 Version: 4, Version Date: 17/12/2025
Page 13
2508-47661 SRA
Attachment 1—Referral agency conditions
(Under chapter 3, part 3, division 1, 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
Development Permit: Material change of use
10.4.3.1.1 — Contaminated land (unexploded ordnance) —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of State Development,
Infrastructure 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 certification to the Department of State Development, Prior to the
Infrastructure and Planning at [email protected] | commencement of
by an approved contractor on the Australian Government, works
Department of Defence, Unexploded Ordnance (UXO) Panel that
the:
(a) subject site has been remediated and cleared of unexploded
ordnances; or
(b) proposed use can be suitably managed on the site.
State Assessment and Referral Agency Page 3 of 5
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2508-47661 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) (version 3.2). 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 ii. do not disturb the object ili. take action, where appropriate, to prevent it being disturbed by (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, Tourism, Science and Innovation - https://www.des.qid.gov.au/ « Commonwealth Department of Defence - http://www.defence.gov.au/uxo/! State Assessment and Referral Agency Page 4 of 5 Document Set ID: 24381517 Page 14 of 16 Version: 4, Version Date: 17/12/2025
Page 15
2508-47661 SRA Attachment 3—Reasons for referral agency response (Given under chapter 3, part 3, division 1, section 56(7) of the Planning Act 2016) The reasons for the SARA's decision are: « The application is for a development permit for material change of use for multiple dwelling (4 units) at 4 Ventura Street, Sunrise Beach formally described as Lot 83 on RP132135. « The proposed development required referral for with substantial unexploded ordnance potential « SARA assessed the development application against State code 13: Unexploded ordnance of the State Development Assessment Provisions (SDAP), version 3.2. « SARA determined that the application complied with the relevant state code, with conditions to: © ensure works does not place another part of the environment, or human health, at risk as a consequence of development. Material used in the assessment of the application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.2), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page Sof 5 Document Set ID: 24381517 Page 15 of 16 Version: 4, Version Date: 17/12/2025
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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: 24381517
Version: 4, Version Date: 17/12/2025