Minor Change Existing Approval 132006.215.06

Officer: 	Maxwell Potter
Direct Telephone: 	53296245
Our Reference:	132006.215.06
Your Reference:	n/a
9 September 2021
AE Martin TTE
PO Box 57
PEREGIAN BEACH QLD  4573
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 26 July 2021, requesting a minor change to an existing development approval. Council on 6 September 2021, decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	132006.215.06
Street address:	Martin Place At Peregian 2/216 David Low Way Peregian Beach
Real property description:	Lot 2 SP 284446
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 15 June 2006
Development Permit for Material Change of Use of Premises – Professional Office, Shop & Caretaker’s Residence
In relation to the request to make a minor change to the existing approval, Council on 6 September 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change
Include additional conditions
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered SK.01 Revision C dated 25.4.06, SK.02 Revision A dated 30.1.06, SK.04 Revision A dated 30.1.06, SK.03 Revision A, SK.05 Revision A, and SK.08 & SK.09 dated March 2006, prepared by Bark Design Architects and as may be amended by these conditions.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The planter bed located within the pedestrian arcade shall be landscaped as follows:-
3.1	2 x BANKSIA integrifolia, exground or 200 litre bag stock to be planted at 3 metre centres with native coastal understorey planting;
3.2	 1 x PANDANUS pendunculatus, exground, planted at 5 metre centres; or
3.3	 other suitable species to the satisfaction of the Manager Land Use.
Any advertising sign or device is to comply with Council's Advertising Devices Code and shall integrate with the building design.
Natural and muted earth tones shall be incorporated on external walls and roofing so as to integrate with the natural environment.
Arcade paving shall be integrated with the paving types detailed in Council’s Peregian Centre Masterplan.
All hot water systems installed shall be either solar systems; electric heat pump systems; or gas systems (LPG or natural).
Lighting of appropriate intensities is to be provided which satisfies the requirements of Australian Standard AS1158: Public Lighting Code.
The amenity facilities (toilets) shall be open to the public for use during the operating hours of businesses on site.
The accessway through the site shall be open for public use during the on-site business uses operating hours.
Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining as open structures.
The main roof of the building shall have a roof pitch no less than 5 degrees and has roof overhangs a minimum of 600mm wide.
The development shall have a maximum height above natural and finished ground level of no greater than 8.0 metres.   A verification survey of the building is to be carried out by a Licensed Surveyor and a certificate lodged with Council at completion of work confirming compliance with the this condition.
Ground floor premises shall provide a minimum of 50% glazing to the David Low Way and Village Square frontage to create active building fronts.
The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this requirement.
The caretaker’s residence shall be occupied by an owner of the property, or somebody employed in a business use on-site.  Council reserve the right to undertake annual inspections to determine compliance with this condition.
Mechanical plant and equipment shall be located so that they are visually integrated into the line and plane of the building and roof design and do not project beyond the height of width of the building when viewed from the street or Village Square.
Business Uses shall operate only between the hours of 7am to 10pm, 7 days a week.
All deliveries associated with the Business Uses on the premises shall be undertaken only between the hours of 7am to 7pm.
Payment of a cash contribution to Council in lieu of eight (8) off-street car parking spaces in accordance with Council’s Policy on Cash Contributions in Lieu of the provision of Off Street Carparking, prior to issue of Building Works Approval.  Such payment shall be in accordance with the contribution rate adopted by Council at the time the application was lodged and totals $85,520.00.
Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be submitted, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for building 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.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
The Development Permit for a material change of use lapses if the use has not happened by 15 June 2016, unless an application to extend the currency is approved by Council.
Land Development
Bicycle Provisions
The area between the existing palm trees within the road reserve on the David Low Way frontage of the site shall be utilised for a bicycle rack that shall be a minimum of Class 3 and in accordance with AS2890.3 and shall be of stainless steel finish. This bicycle rack shall provide parking for a minimum of 5 bicycles and shall be located so as to not require removal of any road reserve vegetation or carparking and shall not impede pedestrian movements.  The final location shall be to the satisfaction of the Manager – Land Development.
Vegetation Protection & Preservation
Pavements within the drip zone of any of the existing trees within the David Low Way road reserve and Village Square shall be designed as a pervious pavement (such as grass paving cells or similar), as this will allow water that falls on this surface to penetrate to the trees root system.  The pavement shall be constructed so as not to damage the tree or their root system and in this regard temporary fencing shall be provided around the trees during construction to help protect them.
Park Contributions
A Park contribution of $3,798 towards the acquisition of additional parkland or the improvement of existing parkland and facilities in the locality shall be paid to the Council prior to obtaining a Development Permit for Building Works in accordance with Council’s Planning Scheme Policy PSP24 Park Requirements for Development Applications.  This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.

Roadworks Contributions (Local Road Network)
A roadworks contribution of $1580 towards the upgrading of David Low Way and Heron Street shall be paid to the Council prior to obtaining a Development Permit for Building Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.  The money will be used to assist Council with the cost of streetscaping around the neighbourhood centre of Peregian.
Pathway Contributions
A pathway contribution of $854 towards external major pathways, in accordance with Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the Council prior to obtaining a Development Permit for Building Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Stormwater Drainage
Stormwater system shall generally be designed in accordance with the submitted Stormwater Management Plan prepared by Duke Environmental and dated April 2006, except as modified herein.
Roof runoff from the new buildings shall be directed to a rainwater storage system or tank (minimum storage 3190 litres) that is installed to ensure water from the tank can be used for external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal to the building.   All rainwater tanks are to be designed and installed in accordance with the Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the building approval.  The location and capacity of the tank shall be clearly shown on the plans submitted for Building Works approval and any overflow shall be directed to kerb and channel of the carpark on the David Low Way frontage.
All stormwater drainage shall be collected on site and discharged so there is no net increase in stormwater runoff from the site.  Stormwater drainage permitted to drain from the site shall be discharged to Council’s kerb & channel street drainage system in the carpark on the David Low Way frontage of the site.
The maximum discharge of stormwater drainage allowable to Council’s kerb & channel street drainage system at any one location is 25 litres/second.
All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
The site shall be connected to Council’s existing town water supply and be constructed in accordance with Council’s standards and requirements at no cost to Council.
Each water connection to the water reticulation system shall extend to the property boundary and be metered.  Where multiple units including leased buildings are served by a single service, multiple water meters to each individual unit or leased building shall be installed.  All fees for the supply of water meters shall be paid to the Council.
Headworks Contributions
Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks Contributions respectively and at the rates applicable at the time of payment.  An estimate only of the contribution rates under the current policies is outlined below.  These amounts will be adjusted in line with changes to the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.
Water Supply	$4,532
Sewerage	$9,013
TOTAL	$13,545
All headworks contributions must be paid prior to the issue of a Development Permit for Building Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%.  Should the headworks contributions not be paid at the due time, Council shall call upon the trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled, the contribution or trading bank guarantee will be returned.
Earthworks/Site Stability
Earthworks carried out on site shall not affect the structural integrity of any of the existing structures that border the development site.
A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures, and make recommendations on the type of foundation system(s) best suited for the proposed development.
Acid Sulfate Soils
As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m3 or greater which extends below 5m AHD will need to be carried out in accordance with State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils. If this is applicable appropriate testing and supporting documentation prepared by a suitably qualified specialist shall be submitted to Council prior to obtaining a Development Permit for Building Works.
Erosion and Sediment Control
Any person acting on this permit shall prevent erosion and sediment export from leaving the site.  Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
General
Any damage caused to any public utility during the course of construction shall be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council.
The transportation of all materials to and from the site shall be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site shall be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
General
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.  A roofed wash down area is required with a cold-water tap, hose and drain outlet connected to sewer.
A Waste Management Plan shall be submitted prior to demolition, removal or relocation of a building other than a shed.
A Waste Management Plan is also required for construction of any building that requires development approval.
Waste Management Plans are required to be submitted in accordance with Planning Scheme Policy 11, see table below.
Waste storage areas are to provide for adequate separation of all reusable, recyclable and waste materials. These shall be located so that they are convenient and safe to use. (Waste Management Code)
The Plan shall contain the following information:
45.1	The site area for the storage and separation of waste is to be shown on the plan drawings accompanying the application.
45.2	A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed.
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimate volume (m³)	On-site            *specify re-use or  recycling methods	Off-site              *specify contractor and end user	*specify contractor and landfill site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos (see below)				
Other - please specify				
Note: If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill, some items are free. Higher gate fees are charged for loads of mixed waste.
Trade Waste
Liquid waste generated by industry, small business and commercial enterprises is referred to as Trade Waste and shall comply with the following:
46.1	A Trade Waste Permit shall be obtained prior to the discharge of trade waste to Council’s sewerage system.
46.2	All trade waste requirements complying with Council’s Trade Waste Policy and including pre-treatment devices, must be shown on hydraulic plans submitted to Council for approval prior to issuing the development permit for building work.
46.3	Vehicular access shall be provided to each grease arrestor and/or pre-treatment device for cleaning and servicing by Council’s contractor, and must allow vehicles to enter and leave the site in a forward direction. Where access is restricted, a pump out line to an approved location is required.
46.4	Trade waste requirements must be in place, inspected and approved prior to commencement of trading or operation.
Bin washing areas for commercial and industrial developments exceeding 600mm x 600mm shall be roofed and the floor fall to a bucket trap prior to discharge to the sewer. Rainwater should be excluded from the bin washing area. Bin washing should take place only at the bin washing area.
New Conditions 6 September 2021
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
01	C	Ground Floor Plan, prepared by Plans2go	1.12.20
02	C	Roof Plan, prepared by Plans2go	1.12.20
03	C	Elevations, prepared by Plans2go	1.12.20
04	C	Section, prepared by Plans2go	1.12.20
Visual Amenity
The street awning is to be painted in a muted tone consistent with the existing building.
Stormwater
The street awning must be provided with a stormwater drainage system connecting to the lawful point of discharge that the existing roof is currently connected to.
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties or Councils infrastructure.
referral agencies
Not Applicable
approved plans/documents
The approved plans and / or documents for this development approval are listed in the following tables:
Approved Plans
Plan No.	Rev.	Plan Name	Date
SK.01	C	Ground Floor Plan prepared by Bark Design Architects	26.4.06
SK.02	A	First Floor Plan prepared by Bark Design Architects	30.1.06
SK.03	A	Cross Sections prepared by Bark Design Architects	March 2006
SK.04	A	Long Section C prepared by Bark Design Architects	30.1.06
SK.05	A	Elevations prepared by Bark Design Architects	March 2006,
SK.08	-	Bin Wash Facility & Unisex Shower prepared by Bark Design Architects	March 2006
SK.09	-	Western Awnings prepared by Bark Design Architects	March 2006
advisory notes
The following Advisory Notes are for information purposes only and do not form conditions of approval:
The applicant is informed that approval of this development application will trigger an Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated amount of $32,725 and is subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until the date of payment.  An Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act 1997.
The applicant is informed that payment via credit card transaction will not be an acceptable method of payment for development contributions conditioned in this permit or for infrastructure charge notices issued separately.
The applicant is advised that a Compliance Permit for all plumbing and drainage works within the boundaries of the development site shall be obtained from Council’s Plumbing Services Section prior to obtaining a Development Permit for Building Works.
Where any food premises is to be included in the development, the following is required:
4.1	Plans and an application should be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises.
4.2	Construction and use of the food premises should comply with Council’s Food Premises Policy and the Food Safety Standards.
4.3	Toilets for customers and staff should be provided in accordance with the Building Code of Australia.  Obtain advice from a building certifier.
4.4	Plans and approval is required for any mechanical exhaust ventilation system which should comply with AS1668.  A certificate is required from the installer certifying the system complies with the Standard.
4.5	Licence and registration is required for any food premises listed in Schedule 1, Food Hygiene Regulation 1989, prior to use of those premises.
4.6	A detailed statement indicating the purpose of the food premises, type of food sold, proposed menu and number of persons served, is to accompany the plans approval application.
The development should be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
All refrigeration plant including motors, should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance in accordance with the nuisance provisions of the Environmental Protection Regulation 1998.  On the spot fines apply for such offences.
Noise from building works associated with commercial and or industrial development should comply with the following –
7.1	 Limited to between 7:00am to 6:30pm Monday to Saturday.
7.2	 All reasonable measures are taken to minimise noise emissions.
7.3	 Not permitted on Sunday or public holidays.
In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.  On the spot fines apply for such offences.
Using the waste data provided, Shop 1 will require additional services.
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 Co-ordination Unit on 07 3238 3838 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 Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
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.
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 Building Works	All Building Works
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.
YF
Enc:	Appeal Rights
Infrastructure Charge Notice

DECISION NOTICE HISTORY
Original Decision Notice – 15 June 2006.
Decision Notice - Minor Change – 23 June 2009 – amend condition 3, extension to currency period
Decision Notice - Minor Change - 9 May 2011; amend condition 23 – extension to currency period
Decision Notice - Minor Change - 22 November 2013; amend condition 23 – extension to currency period
Decision Notice - Minor Change – 6 May 2015; amend condition 23 – extension to currency period
Decision Notice - Minor Change - 6 September 2021; include additional conditions

	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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