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SUPERSEDED Decision Notice - Approved by Delegation of Authority MCU20/0021 [As Published]
Officer: Billy Glover
Direct Telephone: 07 53296109
Our Reference: MCU20/0021&RAL20/0002
Your Reference: n/a
30 October 2020
Roger Parkin Project Architect
Po Box 253
CLAYFIELD QLD 4011
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 29 October 2020, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU20/0021 & RAL20/0002
Street address: 53 & 55 Hilton Tce Tewantin Qld 4565
Real property description: Lot 121 RP 70296
Lot 1 RP 117315
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple Housing - Type 2 Duplex (2 x 2
Units) and Reconfiguration of a Lot – Access Easement.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
MATERIAL CHANGE OF USE
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
N-DA-1F N-DA-1F Perspective, prepared by Roger Parkin 09/10/2020
Project Architects
N-DA-3F - Ground Floor (Lot 1 RP117315), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-4F - First Floor (Lot 1 RP117315), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-6F - Ground Floor (Lot 121 RP70296), prepared 09/10/2020
by Roger Parkin Project Architects
As annotated by Council
N-DA-7F - First Floor (Lot 121 RP70296), prepared by 09/10/2020
Roger Parkin Project Architects
As annotated by Council
N-DA-8F N-DA-1F Roof Plan, prepared by Roger Parkin Project 09/10/2020
Architects
N-DA-9F - Elevations (Front & Rear), prepared by Roger 09/10/2020
Parkin Project Architects
N-DA-10F - Elevations (Sides - Lot 1 RP117315), 09/10/2020
prepared by Roger Parkin Project Architects
N-DA-11F - Elevations (Sides - Lot 121 RP70296), 09/10/2020
prepared by Roger Parkin Project Architects
N-DA-12F - Sections, prepared by Roger Parkin Project 09/10/2020
Architects
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice. The Approved Plans must be
amended to incorporate the amendments listed within this Decision Notice and resubmitted
to Council prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)
Gross Floor Area
4. The proposed development must not exceed the following gross floor area:
Lot 121 RP 70296: 264.2m2 max.
Lot 1 RP 117315: 271m2 max.
In this regard, the approved plans must be amended and resubmitted to Council prior to the
issue of any Development Permit for Operational Works.
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Setbacks
5. The development (including any balustrading on the upper level balcony/deck areas) must
comply with the following standard side boundary setbacks:
a. 1.5m setback up to 4.5m height;
b. 2m setback between 4.5m - 7.5m height; and
c. 2m plus 0.5m for every 3m above 7.5m height or part thereof
6. The proposed pergolas over the front entry gates are not approved and must be removed
from the plans.
7. With regards to the above requirements, the approved plans must be amended and
resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Pool Area and Pool Fencing
8. The front setback area (pool area) must be constructed and comprise dense landscaping in
such a way that any required pool fencing is not visible from the streetscape.
Currency Period
9. The Currency Period for this development approval lapses if the use has not happened by
29 October 2026, unless an application to extend the currency period is approved by
Council.
Building Height
10. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level, except for the clerestory/clearstorey roof forms
which must not exceed 8.45 metres in height from natural ground level.
11. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
13. The eaves of the buildings must be 600mm in width for at least 75% of the perimeter of the
buildings.
14. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties.
15. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutters, louvres, glass panelling or the like.
Fencing and Walls
16. Any street fencing must be set back an average of 1 metre from the front property
boundary. Any fencing on the front boundary must either:
a. not exceed a maximum height of 1.2m
b. be of open construction.
17. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
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18. Pool fencing must not be visible from the perspective of the street.
Clothes Drying Areas
19. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
Protection of Privacy
20. To ensure privacy, doors, windows or glazing that have the potential to overlook the private
spaces of neighbouring properties must include fixed external screens, positioned in such a
way to obscure direct views into the habitable room windows or private open space areas
of the adjoining property.
Landscaping Works
21. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan.
22. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
23. All landscape works must be maintained generally in accordance with the approved design
for the life of the development.
24. A minimum 2 metre landscape setback must be provided along the rear boundary of the
site, except for at the location of the driveway and visitor parking areas which must have a
minimum 1 metre landscape setback.
Community Management Statement
25. 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.
26. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice.
Street Identification
27. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Water & Sewer Connections
28. An underground connection to reticulated water and sewerage must be provided to each
lot/the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
29. 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 each lot/the development site.
DEMOLITION
Performance Bond
30. 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.
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Works
31. 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
32. 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.
33. 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.
34. 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
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify contractor
materials volume(m³) *specify proposed *specify contractor and landfill site or
re-use or on-site and recycling outlet other disposal site
recycling methods
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.
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Damage to infrastructure
35. 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
36. 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 3 – Landscaping Plants and
Guidelines and to the satisfaction of Council so as to not cause nuisance to the
surrounding area.
37. All waste materials must be removed from site.
Litter, erosion and sediment control
38. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
39. 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
40. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
41. 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.
42. 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.
43. Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
44. 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
45. 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
46. Hilton Terrace must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. 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
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Condition 46 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
47. A sealed access driveway must be provided from Hilton Terrace to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover generally in accordance with Council’s standard drawing RS-
051 and any associated addendum
b. an internal driveway generally in accordance with the approved plans
c. suitable signage at the southern (garaging) end advising drivers to “give way” to
incoming vehicles.
Car Parking
48. A minimum of 6 car parking spaces (including 2 visitor spaces) must be provided and
marked on the site and made available and accessible at all times. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. 2 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use
b. dimensions, openings, crossfalls and gradients in accordance with Australian
Standard AS/NZS2890.1:2004
49. 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.
50. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
Pedestrian and Bicycle Facilities
51. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a new 1.5 metre wide footpath within the road verge for the entire length of the site’s
frontage to Hilton Terrace. The path must be in accordance with Council’s standard
drawing RS-065 and any associated addendum
Condition 51 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
52. 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 the drawing titled “Stormwater Management
plan” No. 30101-SW1.1 prepared by SCG Consulting Engineers dated May 2020, and must
include in particular:
a. extension of the site stormwater system to collect and convey ponded water from the
area of the site between the proposed retaining wall and the rear boundary.
b. the use of gravity stormwater drainage and not surcharge pits.
Condition 52 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
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Services
53. 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.
54. 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
55. 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.
56. 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.
57. 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
58. All fill and associated batters 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.
59. The Filling works required on site shall be carried out in accordance with Council’s
Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the
additional ponding of water on any adjoining lands or the blockage of, or interference with,
any natural watercourses.
60. 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
61. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
RECONFIGURING A LOT
Reconfiguring a Lot (Access Easements)
Access Easements
62. Reciprocal easements for Access must be created prior to the commencement of the use.
The extent of the easements must be generally be as shown on the approved plans and be
of sufficient dimensions to wholly contain the access and manoeuvring areas required to
permit vehicles to enter the site in a forward gear, access the garaging and exit the site in a
forward gear. The easements must also include services where necessary. Prior to Council
endorsement of the Plan of Survey, a duly executed copy of any required easement
document must be submitted to Council for perusal.
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Currency Period
63. The Currency Period for this development approval lapses if the use has not happened by
29 October 2026, unless an application to extend the currency period is approved by
Council.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
Resubmission of Amended Plans Required
1. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plans to Council’s Development Assessment
Branch with the Reference No. MCU20/0021, separate to any Operational Works
application. To avoid delays and assessment issues with the Operational Works
application, it is recommended the plans be resubmitted prior to lodgement of any
Operational Works application. However, should the plans not be submitted, the applicant
is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
2. 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.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
Sustainability
4. 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
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
5. 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
6. 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
7. A preliminary Construction Management Plan must be submitted with the Operational
Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
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i. 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
ii. maintenance of safe pedestrian access for the areas affected by the works
during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
and emergency services to advise of agreed construction times, impacts on traffic,
services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill 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
g. 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.
Private Infrastructure
8. All private infrastructure for the development must be designed to meet the planning
scheme requirements unless otherwise agreed by the relevant authority
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Earthworks, Stormwater, Frontage Works,
Driveway, Landscaping, Car parking
Development Permit for Building Works All building works
10. SUBMISSIONS
Not applicable.
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11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a negotiated decision
notice will be issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line
at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully
Billy Glover
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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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
(a) Matters that may be appealed to –
schedule 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
(i) who may appeal a matter (the appellant); and the appeal, other than an eligible submitter who is not a
principal submitter in an appeal under paragraph (c) or (d);
(ii) who is a respondent in an appeal of the matter; and
and
(iii) who is a co-respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iv) who may elect to be a co-respondent in an appeal of the
(g) for an appeal to a tribunal under another Act – any other
matter.
person who the registrar considers appropriate.
(2) An appellant may start an appeal within the appeal period.
(4) The service period is –
(3) The appeal period is –
(a) if a submitter or advice agency started the appeal in the P&E
(a) for an appeal by a building advisory agency – 10 business Court – 2 business days after the appeal has started; or
days after a decision notice for the decision is given to the
(b) otherwise – 10 business days after the appeal is started.
agency; or
(5) A notice of appeal given to a person who may elect to be a co-
(b) for an appeal against a deemed refusal – at any time after
respondent must state the effect of subsection (6).
the deemed refusal happens; or
(6) A person elects to be a co-respondent by filing a notice of
(c) for an appeal against a decision of the Minister, under
election, in the approved form, within 10 business days after the
chapter 7, part 4, to register premises or to renew the
notice of appeal is given to the person.
registration of premises – 20 business days after a notice us
published under section 269(3)(a) or (4); or 231 Other appeals
(d) for an appeal against an infrastructure charges notice – 20 (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
business days after the infrastructure charges notice is given the Supreme Court decides a decision or other matter under this
to the person; or Act is affected by jurisdictional error, the decision or matter is
non-appealable.
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given – (2) The Judicial Review Act 1991, part 5 applies to the decision or
30 business days after the applicant gives the deemed matter to the extent it is affected by jurisdictional error.
approval notice to the assessment manager; or
(3) A person who, but for subsection (1) could have made an
(f) for any other appeal – 20 business days after a notice of the application under the Judicial Review Act 1991 in relation to the
decision for the matter, including an enforcement notice, is decision or matter, may apply under part 4 of that Act for a
given to the person. statement of reasons in relation to the decision or matter.
Note – (4) In this section –
See the P&E Court Act for the court’s power to extend the appeal decision includes-
period.
(a) conduct engaged in for the purpose of making a decision;
(4) Each respondent and co-respondent for an appeal may be heard and
in the appeal.
(b) other conduct that relates to the making of a decision; and
(5) If an appeal is only about a referral agency’s response, the
(c) the making of a decision or failure to make a decision; and
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal. (d) a purported decision; and
(6) To remove any doubt. It is declared that an appeal against an (e) a deemed refusal.
infrastructure charges notice must not be about-
non-appealable, for a decision or matter, means the decision or
(a) the adopted charge itself; or matter-
(b) for a decision about an offset or refund- (a) is final and conclusive; and
(i) the establishment cost of trunk infrastructure identified in (b) may not be challenged, appealed against, reviewed,
a LGIP; or quashed, set aside or called into question in any other way
under the Judicial Review Act 1991 or otherwise, whether by
(ii) the cost of infrastructure decided using the method
the Supreme Court, another court, a tribunal or another
included in the local government’s charges resolution.
entity; and
230 Notice of appeal
(c) is not subject to any declaratory, injunctive or other order of
(1) An appellant starts an appeal by lodging, with the registrar of the the Supreme Court, another court, a tribunal or another entity
tribunal or P&E Court, a notice of appeal that- on any ground.
(a) is in the approved form; and 232 Rules of the P&E Court
(b) succinctly states the grounds of the appeal. (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) The notice of appeal must be accompanied by the required fee.
(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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Document Set ID: 21280390
Version: 4, Version Date: 30/10/2020