Decision Notice - Approved by Delegation of Authority OPW20 0092 · OPW20/0092

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW20/0092  : JElder
Your Reference:	2073
4 November 2020
Harbourage P/L TTE
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD  4567

[email protected]
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 2 November 2020, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW20/0092
Street address:	38 Avocet Pde Peregian Beach Qld 4573
Real property description:	Lot 270 P 93113
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Stormwater Drainage Works, Earthworks, Roadworks, Vehicle Crossover, Landscaping,
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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 Title	Date
20538-C01	D	Cover Sheet, Locality Plan & Drawing Schedule, prepared by TOD Consulting	02/09/2020
20538-C02	B	General Notes, prepared by TOD Consulting	22/05/2020
20538-C04	B	Earthworks Layout Plan, prepared by TOD Consulting	22/05/2020
20538-C05	C	Roadworks and Stormwater Layout Plan, prepared by TOD Consulting	17/08/2020
20538-C06	B	Pavement Design and Typical Details, prepared by TOD Consulting	22/05/2020
20538-C07	B	Longitudinal and Cross Sections Avocet Parade, prepared by TOD Consulting	22/05/2020
20538-C08	D	Stormwater Drainage Longitudinal Sections, prepared by TOD Consulting	17/08/2020
L.100	K	Landscape Plan, prepared by Zest Design Noosa	25/05/2020
L.101	K	Landscape Details, prepared by Zest Design Noosa	25/05/2020
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 02 November 2022 unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Prior to arranging a prestart meeting, the developer must verify the actual locations (ie depth and alignment) of existing underground public services intersecting the proposed stormwater pipeline and provide to Council written confirmation or approval from the relevant service provider to confirm that the clearances are in accordance with the service authorities requirements.
A condition report including photographs of existing dividing fences, buildings and structures on adjoining properties (including but not limited to retaining walls, fences, paved areas, swimming pools, etc) that have a potential to be impacted on by the proposed development works  must be completed prior to any works commencing and submitted to Council and agreed on at the prestart meeting.
A condition report including photographs of the road frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
The principal contractor must have all the appropriate insurance and public liability documentation to carry out the works. The principal contractor is also responsible to ensure that any subcontractors also have the appropriate insurance and public liability documentation. Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
Prior to requesting a prestart meeting, the required performance bond must be paid in compliance with the conditions of the Higher Order Approval reference: 51901.4274.02
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Landscaping;
Erosion and sediment control works;
Other relevant parties.
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Proposed fencing to the site during the construction phase of the development.
Adequate parking arrangements for construction workers and appliances.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Parked trucks must have engines turned off.
Measures to minimise adverse impacts on other properties including noise and dust emissions.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with adjoining owners and local businesses to advise of construction times, impacts on traffic and services and other relevant issues
Identification of complaint management procedures including:
Contact details for the on-site manager.
Dispute resolution procedures.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
General
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to the site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice.
The relevant conditions and approved plans of the higher order Material Change of Use approval Reference No: 51901.4274.02.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site.
Driveways
Driveway crossovers must be constructed in accordance with the approved plans and be in compliance with Council’s standard drawing RS-051.
The grades of the new driveway must be in compliance with the relevant requirements of AS2890.1 and must have grades that ensure that standard vehicles entering or exiting the site will not bottom down or scrape on the driveway surface or/and the road pavement.
Where there is adjoining a pedestrian path (existing or proposed), a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path.
Any existing unnecessary or redundant property accesses must be removed, and the kerb, footpath and verge area reinstated to match the existing footpath and/or verge treatments. Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed or turf, and must be maintained by the developer until established.
The following must be complied with during the construction of the required crossover and driveway:
The driveway surfacing must consist of either an approved hot mixed asphaltic concrete or patterned/plain concrete.
Must have a slip resistant surface.
Must be provided with sufficient drainage collection to prevent/minimise surface runoff from driveway onto the public pathway and/or road grassed verge.
The driveway must be constructed so as not to concentrate stormwater runoff onto neighbouring properties.
Any stormwater kerb outlet in close proximity to the edge of the new driveway must be provided with an approved kerb adaptor.
Where applicable, underground service conduits for sewer connection, water supply, electricity and any other services must be provided as part of the access driveway construction.
Have a minimum clearance of 500mm from any Unitywater/Telstra asset, unless a written approval is obtained from Unitywater/ Telstra and submitted to Council.
Have a minimum clearance of 1.0m from any power pole or street light asset, unless a written approval is obtained from Energex and submitted to Council
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve – Reinstatement Works
Roadworks widening and kerb & channel construction must be provided in accordance with the approved plans and in compliance with the relevant standards and best engineering practices.
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
All street surfacing must consist of an approved hot mixed asphaltic concrete and in compliance with Council’s requirements.
The pavement design and construction for roadworks widening and reinstalment works must be provided generally in accordance with Council’s Standard Drawing RS-170 (Pavement Extension Trenching And Widening).
Subsurface compaction and testing must be carried out in accordance with Council Standards (refer to PSP 6 – Engineering Design Standards) and must be certified by the supervising RPEQ.
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath or road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road, verge and footpath profiles.
Any private redundant services (eg domestic stormwater pipeline) with road verge must be removed.
The grassed verge should generally have a maximum crossfall of 5%, except at location where it is necessary to match the existing grades of the verge.
Stormwater Drainage
Stormwater drainage works must be constructed in accordance with the approved plans and in compliance with the relevant standards and best engineering practices.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Earthworks
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B.  Test results as required by AS 3798, and certificate/s for quality, uniformity and compaction of fill shall be provided by a RPEQ and submitted to Council prior to Council final inspection.
All earthworks must be well contained within the boundaries of the site unless written permission obtained from the owner/s of any affected adjoining properties.
Slope and batters shall generally have maximum grade of:
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice and comply with the higher order approval.
(* Refer to Advisory Note)
The Alpinia sp. used in the front setback area must achieve an average height of 2m at the end of the maintenance  period or be replaced with Syzygium australe “Resilience” at 2m centres.
Landscape works must:
Delineate all planting to grassed area interfaces with spade cut edge, where located on the road reserve.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Street trees* must:
Be certified conforming to AS 2303:2018, Tree Stock Standard for Landscape Use.
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
*(Refer to Advisory Note)
Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance.
Erosion & Sediment Control
All necessary erosion and sediment control measures must be provided and established prior to the demolition works being carried out on the site.
All reasonable measure must be provided and established prior to commencement of earthworks to prevent entrainment and export of sediments into the existing downstream stormwater system.
Where required construction hold point/s with a council delegate and supervising RPEQ must be discussed at the prestart meeting and established prior to commencement of excavation works for the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material. At the hold point/s inspection, all required sediment basins, drains and/or bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed.
Prescribed Water Contaminants (as defined in Schedule 9 of Environmental Protection Regulation 2008) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Sediment and erosion control measures must be in place prior to works commencing. If such measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such fines can be issued if sediments from the site are found to enter or have the potential to enter Council’s stormwater system, natural waterways, any downstream stormwater filtration system or adversely impacting on other properties.  The sediment and erosion control design and measures have NOT been approved, it is the site's Supervising Engineer who is responsible for ensuring that the sediment and erosion control measures have:
Been duly designed by an RPEQ or CPESC and constructed in accordance with "best practise" methods,
Been revised by an RPEQ or CPESC to address the issues raised by changes in the projected construction schedule and/or methods,
Been revised to address predicted rainfall events, and
Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be found inefficient.
The erosion and sediment control measures must be designed, installed and maintained in accordance with the supervising engineer instructions and the current best practice standards * (Refer to Advisory Note).
The developer must ensure non-essential exposure of soil is prevented by restricting the extent of disturbance and minimising the duration of soil exposure to adverse weather conditions and effectively turf, cover or stabilise any disturbed area without delay and prior to rainfall occurring.
The developer must ensure sediment does not leave the site or enter onto adjoining properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or machinery. It is essential to implement appropriate approved erosion and sediment control measures throughout the site during all phases of construction including vehicle shakedown pad/grid (or similar) at the access to the construction site. Where sediments or other contaminants are deposited on a road, they must be removed so as not to enter Council’s drainage system or waterways.
A log book for the Erosion and Sediment Control measures and inspections must be maintained by the site manager and made readily available to Council when requested. The supervising engineer must verify and endorsed the E&SC measures upon their installation, and periodically check these measures and the log book during construction and the stabilisation stages. Any defects in erosion and sediment control devices, such as sediment fences, are to be inspected and documented. Upon Inspection, the contractor is to determine whether the device should be replaced or repaired. Documentation is to include how the damage was caused and what measures can be implemented to reduce the possibility of repeat occurrences. Any damage to either permanent or temporary water quality control structures or devices is to be immediately rectified at the contractor’s expense.
The effectiveness of the erosion and sediment control devices must be monitored. All ESC measures are to be inspected:
at least daily (when work is occurring on site) or weekly (when work is not occurring on site); or
within 24 hours of expected rain; or
within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to mobilise sediment on site).
Prior to the completion of the development and commencement of use, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
FOLLOWING CONSTRUCTION
Certification and Final Inspection
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
A final inspection and approval of the works and completed reinstatement works by Council’s Inspector is required.  Please contact Council on 5329 6245 to arrange for the inspection.
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
Certification of Street Trees conforming to AS 2303:2018, Tree Stock Standard for Landscape Use, addressing each specimen
(* Refer to Advisory Note)
As Constructed Plans
Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall generally include:
As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed) prepared in accordance with industry standards and recorded in “MGA - UTM56 / GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing presentation, as-constructed survey capture and associated guidelines for preparation of a compliant ADAC XML digital file are available on the webpage titled “As-Constructed Guidelines” and accessible at the Noosa Council Website: Planning & Development / Development Tools & Guidelines / As-Constructed Guidelines.
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum, where required.
The data must be in accordance with Council’s “Planning Scheme Policy 6 – Engineering Design Standards”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
On Maintenance
All municipal works must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy and the conditions of this permit.
Maintenance Bonds.
The developer is responsible for the maintenance of all development works which are to become Council assets (includes civil infrastructure, landscaping, open space areas, park improvements) for a minimum period of 12 months or as otherwise advised by Council. This period will commence from Council’s formal acceptance of the development “on maintenance”.
The developer must submit a Maintenance Bond to Council to ensure the above works are maintained during this period. The maintenance bond must be:
5% of the agreed value of the development obligations; or
$1500, whichever is the greater amount
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification wrongly states works comply with approval requirements
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
General
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all municipal works and thereafter until such time as the works are performing in accordance with the approved design unless noted otherwise.
Development obligations refers to all conditions of approval relative to the development permit. This includes, but is not limited to, Civil Works, Park improvements, landscaping, provision of “As Constructed” information, test certificates, revegetation, sediment and erosion control.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the final inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until building construction has been completed), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
Qualified Person - Landscaping
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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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