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Minor Change Existing Approval MCU19/0149 02 (AS PUBLISHED) · MCU19/0149.02
Officer: Tara Norley
Direct Telephone: 07 53296414
Our Reference: MCU19/0149.02
Your Reference: 0377
16 August 2024
Ironbark SMSF P/L TTE
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 8 July 2024, requesting a minor change to an existing
development approval. Council on 14 August 2024, decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU19/0149.02
Street address: 48 Elm St Cooroy Qld 4563
Real property description: Lot 1 RP 155843
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 22 April 2020
• Development Permit for a Material Change of Use - Retail Business - Type 2 Shop & Salon
In relation to the request to make a minor change to the existing approval, Council on 14 August
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 14 and 27.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
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.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*.
Plan No. Rev. Plan/Document Name Date
A.003 D Proposed Site Plan prepared by Zest Design Noosa 05/09/2023
As annotated by Council
A.100 E Level 1 Master Plan prepared by Zest Design Noosa 31/10/2023
As annotated by Council
A.200 E Elevations prepared by Zest Design Noosa 31/10/2023
A.201 E Site Sections prepared by Zest Design Noosa 31/10/2023
CD-100 B Landscape Plan prepared by Project Urban 30/05/2023
3. 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.
Currency Period
4. The Currency Period for this development approval lapses if the use has not happened by
22 April 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
5. 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
pre-start meeting. The cash bond or trading bank guarantee will be returned on performance
of the conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or guaranteed
sum to effect compliance with conditions.
Nature and Extent of Approved Use
6. The total use area on the site must not exceed 298m2.
7. The approved use must not operate outside the hours of 7am to 9pm daily. The requirements
of this condition must be included in the Community Management Statement for any body
corporate for the subject site.
8. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at
all on Sundays or public holidays. The requirements of this condition must be included in the
Community Management Statement for any body corporate for the subject site.
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Building Height
9. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level.
10. 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.
Building Appearance
11. Ground floor premises provide a minimum of 50% transparent glazing to shopfronts to create
active building fronts.
12. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary; and
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties.
13. Roof materials must be non-reflective and designed with colours and styles to minimise the
visual impact of the development.
Weather Protection
14. Street awnings must be provided along the full length of the Elm Street frontage, as shown
on the Approved Plans. The awnings must:
a. be cantilevered over the road reserve to a maximum height of 3m, with any posts to be
timber and non-structural;
b. have a minimum width of 2 metres from the building line along Elm Street and must
not extend further into the road reserve than the location of the existing public footpath
located within the road reserve;
c. deleted;
d. be designed and constructed to allow for the unencumbered growth of street trees; and
e. be designed to provide continuous solar and rain protection and promote all weather
activity.
Advertising Devices
15. Any advertising devices proposed on the site must comply with the provisions of The Noosa
Plan and any relevant Council advertising devices policies.
Public Safety
16. Ground floor premises provide a minimum of 50% transparent glazing to shopfronts to create
active building fronts. All shopfront glazing must be protected against vandalism by the use
of a form of safety glass such as toughened or laminated glass.
Outdoor Lighting Devices
17. Lighting associated with the use must be designed, sited, installed and tested to comply with
Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of
outdoor lighting” using a control level of 1.
18. Certification must be submitted to Council from a qualified person which certifies that all
outdoor lighting devices comply with the requirements of this Decision Notice at the time of
commissioning.
Landscaping
19. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping
Plants and Guidelines and must include in particular:
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a. landscaping for the length of both side boundaries as shown on the approved plans.
Trees must be included which grow to a minimum height of 6 metres at maturity and
provided at 3 metre centres. The trees must have a minimum pot size of 45 litres;
b. provision of 1 street tree within the road reserve for every 8 metres to the Elm Street
road frontage, with consideration given to existing street trees. Species are to be to
Council’s satisfaction, to be determined through an Operational Works approval;
c. screening vegetation must be provided along the Pearl Street boundary of the carpark
as shown on the approved plans, including a minimum of 3 feature trees. Species are
to be to Council’s satisfaction, to be determined through an Operational Works
approval;
d. One feature trees with a minimum pot size of 45lt must be provided in the landscaped
area within the road reserve east of the driveway;
e. one feature tree with a minimum pot size of 45lt must be provided in the landscaped
area within the road reserve west of the driveway;
f. trees and shrubs within the road reserve must be retained except for the palm trees
which may be removed. In this regard, each tree removed must be replaced with a
species to Council’s satisfaction, to be determined through an Operational Works
approval.
20. 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.
21. Any trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
ENGINEERING
Works Within The Road Reserve
22. Streets must be upgraded for the length of their frontages to the subject site generally in
accordance with the approved plans. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. Construction of public pedestrian pathway/s in accordance with the conditions of this
Decision Notice.
b. Reinstatement of on-street angle parking bays (5 spaces) along Pearl Street in
accordance of the approved plan and the conditions of this approval.
c. Details of all required linemarking and signs.
d. Any required alteration to existing drainage system due to the proposed works.
e. Removal of any redundant existing property access and reinstatement of the kerb,
footpath and verge area.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
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23. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
24. All operational works for external works, landscaping and fixtures within the State controlled
road reserve must obtain written approval from the Department of Transport and Main Roads
prior to the commencement of works.
Road Reserve Dedication
25. Dedication of road reserve must be provided to accommodate the proposed public pathway.
The north western corner of the lot is to be truncated (2 metres along each frontage at a 45
degree angle). The road dedication must be finalised prior to the commencement of the use.
Site Access and Driveways
26. A sealed access driveway must be provided from Pearl Street to all parking and manoeuvring
areas of the development. The works must be undertaken in accordance with an Operational
Works approval and generally in compliance with the approved plans, and must include in
particular:
a. A driveway crossover generally in accordance with SEQ R-051, Type A.
b. A driveway maximum width of 7.0 metres at the kerb line unless approved otherwise
by Council.
c. Driveway edges and layback must not encroach onto the prolongation of the property
side boundary at the kerb line.
d. Any required alteration to existing drainage system due to the proposed driveway.
e. Conduits for underground service for utility services.
Car Parking
27. In addition to the proposed on-street car parking spaces, a minimum of 10 car parking and 4
motorcycle parking spaces must be provided and marked on-site, and made available and
accessible at all times while the use is open for business. The works must be undertaken
generally in accordance with the approved plans and in compliance with an Operational
Works approval and must include in particular:
a. One (1) disabled parking space/s within the total
b. Pedestrian routes/connections between the parking area and the shops at the rear.
c. Provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
d. Dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
e. Details of all required line marking and parking and traffic signs.
28. 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.
Public Pedestrian Pathway
29. A pedestrian pathway must be provided for the development, a minimum of 2 metres in width,
along the full length of the Elm Street and Pearl Street property frontages. The works must
be undertaken in compliance with an Operational Works approval and must include in
particular:
a. Concrete footpath/s within the road reserve for the entire length of the site’s frontages
to the public roads.
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b. All pathways must be constructed an accordance with the applicable standard
drawings.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
30. 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.
31. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
32. 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.
33. Certification must be submitted to Council from all relevant service providers which certifies
that the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
DEMOLITION
Performance Bond
34. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
submitted to Council prior to the issue of a Development Permit for Building Works for
demolition, to secure the demolition conditions of this approval. The cash bond or trading
bank guarantee will be returned on performance of the demolition conditions of this approval
less any costs incurred by Council in respect of enforcing performance of these demolition
conditions. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Works
35. 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
36. A Waste Management Plan (demolition) must be submitted in accordance with Planning
Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator
prior to issue of a development permit for Building Works for demolition, removal or
relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the
effective reuse and recycling of such materials. Segregated wastes attract significantly
reduced disposal fees at the landfill with some items free. Higher gate fees are charged for
mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and
waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing how waste
material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
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MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify 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.
Damage to infrastructure
37. 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
38. 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.
39. All waste materials must be removed from site.
Litter, erosion and sediment control
40. Litter, erosion and sediment control measures must be installed and maintained until soils
are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially
allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage
system (e.g. roadside gutter).
Asbestos
41. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
42. 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.
43. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses
businesses that transport asbestos waste, and landfills that accept this waste.
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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.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, Subdivision 2, response on 11
at https://prod2.dev- Table 4 – land within February 2020
assess.qld.gov.au/suite 25m of a State transport (Reference No. 2001-
/ (for assistance, corridor 14887 SRA). A copy of
contact DILGP at 5352 the response is
9701 or email: attached
[email protected]
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
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
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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
Outdoor Lighting Devices
5. For the purpose of certifying outdoor lighting devices for the development, a qualified person
is:
a. Registered Professional Engineer of Queensland;
b. an environmental or electrical design consultant with a minimum of 3 years current
experience in the field of outdoor lighting.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
6. 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
7. 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.
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 External works, Stormwater, Landscaping,
Development Permit for Building Works All building work (Private Certification)
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully
Tara Norley
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 22 April 2020.
• Decision Notice - Minor – MCU19/0149.01, with an amendment to
conditions 2, 9, 14 & 27.
• Decision Notice - Minor MCU19/0149.02, 14 August 2024, with an
amendment to conditions 14 and 27
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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