SUPERSEDED - Decision Notice - Approved by Delegation of Authority MCU20 0073 · MCU20/0073

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU20/0073
Your Reference:	0067
8 December 2020
MC Bain
C/- Pivotal Perspective Pty Ltd
4/59 Mary St
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 7 December 2020, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU20/0073
Street address:	13 and 15 Park Crescent, Sunshine Beach
Real property description:	BUP4161 and Lot 1, Lot 2 and Lot 3 on BUP4161 and Lot 447 on RP48112
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Multiple dwelling (4 dwellings)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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.
Approved Plans
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
SD.101	B	Site Plan, prepared by kidd + co	Sept 2020
SD.102	B	Perspectives, prepared by kidd + co	Feb 2019
SD.103	B	Perspectives, prepared by kidd + co	Feb 2019
SD.104	B	Materiality Pallet, prepared by kidd + co	Feb 2019
SD.105	B	Height Limit, prepared by kidd + co	Feb 2019
SD.201	B	Basement Plan, prepared by kidd + co	Sept 2020
SD.202	B	Ground Floor Plan, prepared by kidd + co	Sept 2020
SD.203	B	First Floor Plan, prepared by kidd + co	Sept 2020
SD.204	B	Second Floor, prepared by kidd + co	Sept 2020
SD.501	B	North Elevation, prepared by kidd + co	Feb 2019
SD.502	B	East Elevation, prepared by kidd + co	Feb 2019
SD.503	B	South Elevation, prepared by kidd + co	Feb 2019
SD.504	B	West Elevation, prepared by kidd + co	Feb 2019
SD.601	B	Section A, prepared by kidd + co	Feb 2019
SD.602	B	Section B, prepared by kidd + co	Feb 2019
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 7 December 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 must be submitted to Council, to secure performance of all conditions of this approval prior to pre-start meeting. 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.
Nature and Extent of Approved Use
Site cover must not exceed 40%, measured in accordance with the administrative definition under Noosa Plan 2020.
The basement of the development must be constructed in accordance with the administrative definition under Noosa Plan 2020. Either side of the basement access driveway must be backfilled to a minimum of natural ground level.
Building Height
The maximum height of the development must not exceed 12 metres above ground level and 3 storeys
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Land Amalgamation
All properties the subject of the development must be amalgamated prior to the commencement of use.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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 development site.
Building Appearance
All air conditioning units or other mechanical equipment:
is located at least 2 metres from side or rear property boundary;
where located at ground level, screened by fencing 1.5 metres in height or dense vegetation of at least 1.5 metres in width incorporating grouped trees and shrubs with a maximum separation distance of 1 metre measured from the centre of the plant;
where located above ground level, enclosed or screened such that it is not visible from the street frontage nor adjoining properties; and
visually integrated into the line and plane of the building and roof design and does not project beyond the height or width of the building when viewed from the street and adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Swimming pools located within the front 6 metres of the property must protrude no more than 1 metre above the ground level.
Materials and Finishes
Buildings and structures must use:
natural finishes wherever possible;
a mix of lightweight and textured external finishes;
masonry construction where variation is provided in texture and the façade uses a variety of finishes to break up the surface; and
open or transparent balustrades.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary, and area articulated to add visual interest by stepping the design at a maximum of 5 metre intervals. Any fencing on the front boundary must either:
the solid portion of front fences and walls is no more than 1.2 metres high; or
the walls contain openings or materials that ensure it is 50% transparent and has a height not exceeding 1.8 metres
The area of land between the front fence and the boundary must be landscaped to screen the fencing.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and Noosa Plan 2020 Planning Scheme Policy PSP2 Landscaping for the Coastal Communities area and, in particular, include (but not limited to):
a 1.5m wide garden for the full length of the western boundary;
screening vegetation for the full length of the western boundary; and
vegetation within the front 6 metres of the property.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Street trees at a maximum of one every 8 metres must be provided along the Park Crescent frontage, or as determined in conjunction with a Council delegate prior to the issue of an Operational Works approval.
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.
Community Management Statement
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.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
Environmental health
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy PSP9 - Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Noise emission from mechanical equipment shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A);
10pm to 7am: Maximum background + 3dB(A);
Pumps
7am to 7pm: Maximum background + 5dB(A);
7pm to 10pm: Maximum background + 3dB(A);
10pm to 7am: No audible noise.
Submission of written certification from a suitably qualified person confirming that the noise levels from all mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building, and in a format approved by Council.  All equipment should be operating at the same time to test the overall noise level created.
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP9 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table in accordance with Planning Scheme Policy PSP9 - Waste Management - SC6.10.4
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 2 – Landscaping and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
Engineering
External Works
Park Crescent 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:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Site Access and Driveways
A sealed access driveway must be provided from Park Crescent to all parking and manoeuvring areas of the development. The works must be generally in accordance with drawing number 30206-OW6.2 prepared by SCG Consulting Engineers dated July 2020 and undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with Council’s Standard Drawing RS-051 and any associated addendum
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit from the parking area to warn motorists of pedestrian movement along the frontage street
Car Parking
A minimum of nine car parking spaces must be provided and made available and accessible at all times. The works must be generally in accordance with the approved plans and undertaken in accordance with an Operational Works approval. The works must include in particular:
One visitor parking space within the total, which is clearly marked for that purpose and accessible at all times for visitor use
Dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
Pedestrian and Bicycle Facilities
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 1.5 metre wide footpath within the road verge for the entire length of the site’s frontage to Park Crescent;
be generally in accordance with drawings numbered 30206-OW6.3 Revision A and 30206-OW6.4 Revision A prepared by SCG Consulting Engineers dated 23 November 2020.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 30206-SW1.1 prepared by SCG Consulting Engineers dated July 2020
Services
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.
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
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.
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.
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
All earthworks and associated batters/retaining structures must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment – Report No: 30206(SL) dated 24 September 2020 prepared by SCG Consulting Engineers
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
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Infrastructure Charges
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
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Environmental Health
It is highly recommended that the person you engage to certify the installation of mechanical equipment is involved at the plan development stage so they can recommend where this equipment is best located. They can also advise about noise enclosures and can make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after everything is built.
Aboriginal Cultural Heritage Act 2003
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
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Building and Construction Industry (Portable Long Service Leave) Levy
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
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
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Reference documents
Document No.	Rev.	Document Name	Date
30206(SL)	-	Slope Stability Assessment, prepared by SCG Consulting Engineers	24 September 2020
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, External works,  Stormwater, Landscaping
Development Permit for Building Works	All building work
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully

Tara Norley
Development Planner

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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ee) NOOSA COUNCIL