Council archive · source document
Minor Change Existing Approval 51901 3604 03 · 51901.3604.03
Officer: Georgina Schramm
Direct Telephone: 07 53296569
Our Reference: 51901.3604.03
Your Reference: n/a
3 May 2024
Rumah Design Studio
C/- Rumah Design Studio
12 Munga St
COOLUM BEACH QLD 4573
[email protected]
Dear Applicant,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 23 August 2023, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51901.3604.03
Street address: Culgoa Point 54/5 Quamby Pl Noosa Heads Qld 4567
Real property description: Lot 54 BUP 4076
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 23 & 24 January 1980
• Town Planning Consent – Multiple Dwelling – 65 Units (Class B)
In relation to the request to make a minor change to the existing approval, Council on 3 May 2024,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change
B. Include additional conditions 33, 34, 36
3. CURRENCY PERIOD OF APPROVAL
Not applicable.
4. ASSESSMENT MANAGER CONDITIONS
1. Compliance with the conditions of TPC 1057. – (Attached)
2. Deleted.
3. Provision of 7 carparking spaces and altered access thereto which are to be provided
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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with a sealed pavement and designed, drained, constructed and maintained in
accordance with the Planning Scheme, Council's Policies and to the reasonable
satisfaction of the Shire Engineer. Plans and specifications for these works are to be
submitted to the Shire Engineer for approval in conjunction with the Building
Application. A Building Approval shall not be granted until the Shire Engineer has
approved of the carparking and access scheme.
4. There is to be no detrimental effect upon the amenity of the neighbourhood by reason
of the creation of excessive noise, lighting nuisance or other emissions.
5. The open space and setback areas are to be landscaped in accordance with Council's
Policy on Landscaping Guidelines and a properly prepared landscape plan to be
submitted to and approved by the Shire Planner, prior to the issue of a Building
Approval. Such landscaping is to be completed in accordance with the approved
landscape plan, prior to the premises being occupied and maintained at all times
thereafter to the reasonable satisfaction of the Shire Planner.
6. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
7. Construction work and other associated activities are permitted only during the hours
of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays,
except where extended hours are approved by the Building Surveyor.
8. Roof and surface water is to be collected on site and is to be discharged through a
single underground drain line into existing drainage to the satisfaction of the Shire
Engineer. A Building Approval shall not be granted until the Shire Engineer has
approved of the drainage scheme.
9. Submission of a cash bond or trading bank guarantee to the sum of $2000 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or
trading bank guarantee will be returned upon performance of the conditions of
approval.
10. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval for the purposes of litigation should the use not be conducted
in accordance with this approval.
Additional conditions – 2 May 2019
When Conditions must be Complied With
11. 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
12. 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
WD 1.4 A Ground Floor Plan drawn by Sparks 17/07/2018
Architects
WD1.5 A First floor and Roof Plan 17/07/2018
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WD 4.1 A Construction Details 17/07/18
WD 4.2 A Construction Details 17/07/18
Damage to infrastructure
13. 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.
Additional Conditions 24 March 2020
14. 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
WD 1.1 A Title Sheet, prepared by Sparks Architects 28.10.19
WD 1.5 B-WIP Site Plan, prepared by Sparks Architects as 29.01.2020
annotated by Council
WD 1.7 A Ground Floor Plan, prepared by Sparks 28.10.19
Architects as annotated by Council
WD 1.8 A First and Second Floor Plan, prepared by 28.10.19
Sparks Architects as annotated by Council
WD 1.9 A Roof Plan, prepared by Sparks Architects as 28.10.19
annotated by Council
WD 2.1 A Elevations Sheet 1, prepared by Sparks 28.10.19
Architects as annotated by Council
WD 2.2 A Elevations Sheet 2, prepared by Sparks 28.10.19
Architects as annotated by Council
WD 3.1 A Sections, prepared by Sparks Architects as 28.10.19
annotated by Council
WD 9.1 A 3D Perspective, prepared by Sparks 28.10.19
Architects as annotated by Council
LP000 D Cover Sheet, prepared by Conlon Group 09.03.20
LP001 D Schedule of Finishes, prepared by Conlon 09.03.20
Group
LP002 D Planting Schedule and General Notes, 09.03.20
prepared by Conlon Group
LP201 D Set out & Surfaces Plan Ground Floor Plan, 09.03.20
prepared by Conlon Group
LP202 D Set out & Surfaces Plan Ground Floor Plan, 09.03.20
prepared by Conlon Group
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LP203 D Set out & Surfaces Plan First Floor Roof 09.03.20
Plan, prepared by Conlon Group
LP301 D Planting Plan – trees, climbers & large 09.03.20
shrubs Ground Floor Plan, prepared by
Conlon Group
LP302 D Planting Plan – trees, climbers & large 09.03.20
shrubs Ground Floor Plan, prepared by
Conlon Group
LP303 D Planting Plan –shrubs & ferns Ground Floor 09.03.20
Plan, prepared by Conlon Group
LP304 D Planting Plan – shrubs & ferns Ground Floor 09.03.20
Plan, prepared by Conlon Group
LP305 D Planting Plan – Ground Covers & Orchids – 09.03.20
Ground Floor Plan, prepared by Conlon
Group
LP306 D Planting Plan – Ground Covers & Orchids – 09.03.20
Ground Floor Plan, prepared by Conlon
Group
LP307 D Planting Plan Level 1 Roof Plan, prepared 09.03.20
by Conlon Group
LP401 D Landscape details, prepared by Conlon 09.03.20
Group
LP402 D Landscape details, prepared by Conlon 09.03.20
Group
Page 25 A Landscape Perspective, prepared by -
Conlon Group
15. The roof of the reception/office building must be landscaped or alternatively include a 5-
degree roof pitch and eaves to 75% of the perimeter of the building.
16. The pergola covering the walkway must be setback a minimum of 6m from the rear
boundary (River boundary).
17. A sealed access driveway and pedestrian access must be provided from Quamby Place to
all parking and manoeuvring areas of the development generally in accordance with the
approved plans. The works must be undertaken in accordance with an operational works
approval and must include in particular:
a. external works - crossover, footpath, on street car parking and line marking.
18. Landscaping must be generally in accordance with the approved landscaping plans and
Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines. The following plants
are not approved to be used:
a. magnolia grandiflora must be replaced with native species such as Elaeocarpus
Eumundi; and
b. spathiphyllum floribundum (Peace lily) must be replaced with native species.
19. The area in the road reserve between the vehicle crossover and the adjacent footpath
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(directly in front of the planter and outside the property boundary) must be turf and not hard
stand.
Demolition Conditions 24 March 2020
Approved Plans
20. Development undertaken in accordance with this approval must comply with the approved
plan of development. The approved plan is listed in the following table unless otherwise
amended by these conditions.
Plan No. Rev. Plan/Document Name Date
WD 1.6 A Demolition Plan 1:200, prepared by Sparks 28.10.19
Architects
Performance Bond
21. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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
22. 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
23. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy 11 - Waste Management Plan 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:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify proposed *specify contractor and
re-use or on-site contractor and landfill site or
recycling methods recycling outlet other disposal site
Excavation
material
Green waste
Bricks
Concrete
Timber-please
specify
Plasterboard
Metals - please
specify
Asbestos
Other - please
specify
Note * If a demolition contractor is undertaking works, then the Waste Management table is
to be completed by the demolition contractor.
Damage to infrastructure
24. 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
25. 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 must be turfed or
landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and
Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding
area.
26. All waste materials must be removed from site.
Litter, erosion and sediment control
27. 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
28. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
29. 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.
30. 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
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businesses that transport asbestos waste, and landfills that accept this waste.
31. 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
32. 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
Additional Conditions 2 May 2024
Approved Plans – Unit 54
33. Development undertaken in accordance with this approval must comply with the approved
plan of development. The approved plans are listed in the following table unless otherwise
amended by these conditions.
Plan No. Rev. Plan/Document Name Date
212219 – 08.5 C Proposed First Floor Plan prepared by Kate 24.04.2024
Castwood
(Annotated by Council)
212219 – 08.6 C Proposed Sections prepared by Kate 24.04.2024
Castwood
212219 – 08.7 C Elevations prepared by Kate Castwood 24.04.2024
212219 – 08.8 C Elevations prepared by Kate Castwood 24.04.2024
34. The annotated “media room” is to be used as a common area only and is not to be fully
enclosed by walls.
35. The wall adjacent to the void is to be returned to a nib wall, and is not to exceed a height of
1.5 metres. The door and wall from the common landing to the media room are also to be
removed.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
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.
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You should contact the Cultural Heritage Unit on 07 3247 6212 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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Infrastructure Charges – 24 March 2020
4. 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.
Infrastructure Charges – 3 May 2024
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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
• Development Permit for Building Works (All Building Works)
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully,
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
TPC 1057
cc. Unitywater
DECISION NOTICE HISTORY
• Original Decision Notice – 23rd & 24 January 1980
• Negotiated Decision Notice – 22 July 1993 – modification to approved plans
• Decision Notice - Minor 51901.3604.01 – 2 May 2019 – Additional conditions
• Decision Notice – Minor – 51901.3604.02 – 24 March 2020 – Include additional conditions 14-32
• Decision Notice – Minor – 51901.3604.03 – 3 May 2024 – Include additional conditions 33-35.
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Page 11 of 12 Document Set ID: 23003343 Version: 4, Version Date: 03/05/2024 [OCR of page images] STANOMRD CONDITIONS FOR MULTIPLE CePLLIi SS LLCS 1. Compliance with all relevant by-laws and Policies. "2. Mininun disturbance to natural flora, No vegetation to be removed ao other thon that which would impede building operations, Where Practicable, re-vegetation to be carried out following cessation of building activity. . es .° 3. Permanent covered car parking to be provided on the site for...s+s+.vehicles, : together with space sufficient for.....+.4+4..visitors' vehicles. Areas on ' which vehicles will be driven and/or parked to be provided with a flexible a7 ret or other pavement surface with bitumen seal coat, asphaltic or other’ concrete properly constructed and maintained to good engineering standards to the satisfaction of .the Council's Engineer. Plans and specifications for @uch sreas including footpath crossings to be subnittea prior to issue of a-building permit. Vehicular access to and from the site to be designed s0 as to ensure that sufficient area is available for manoeuvring and turning to permit forward movenent to and from the road. Bre ee 4%. A concrete invert and paved access to connect to the existing bitumen * Foad pavemont to be constructed to the satisfaction of the Council's Engineer, - 35. tal pe 2 . 2 Council. Dosigns to be approved prior to the issue of a building pernit, coms. © _ ©) Constewesion of a sewage and Sullage holding tank to the satisfaction ‘ of Council, . 4 PR ~ re nl . : r ad t (ce). Connection to Council's sewerage system. aCe ar ; 6. Connection to Council's water supply facility at the applicant's expense. ‘ ; 2% fa) Stormater, including that from roofea and paved ercas to be disposed i ‘ of by underground means to Council's existing disposal facilities. . . - _ () “Stormreter-te Devarepestd of on site “20 as to cause no scour or damage to adjoining properties, a . ae : Ne Be Wo earthvoris or filling are to be carried out on the site until the- regurements of the Council's Engineer have bren obtained in writing. Such requirements to be obtained Prior to the issue of a building permit. Comply with the reasonable requiremants of the Regions] Fire Safety Officer, The approval given herein is for Town Plan Consent only and does rot imply . either tho issue of a building permit or Council Consent to an application “|. wnder the Group Titles Act or Building Unit Titles Act. . © uu. This approval will lapse if not availed of within two (2) years in accordance with clause 3 (2) of Part II of Council By-laws Chapter XLIV - " fewn Planning, i. S ony at ; ia. A certificate of alignment to be submitted with the ‘pplication for a building © permit and/or an identification Survey to ke carried out by an euthorised Surveyor at the tire of the foundation inspection, 3, x 13. To ensure compliance with any and all conditions of this “Dpprovel, Council z - will require that yeu enter into a Bank Bond to guerantee performance. ‘24. ‘The conditions of this consent are to be completed prior to occupancy of the ? 4 building and if this is not done, Council reserves the right to call on ag bond moneys lodged te carry out the works involved, ‘ss Page 11 of 12 Document Set ID: 23003343 Version: 4, Version Date: 03/05/2024
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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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