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Minor Change Existing Approval MCU18/0009.05 [As Published]
Officer: Cameron Smith
Direct Telephone: 07 53296178
Our Reference: MCU18/0009.05
Your Reference: 12211
20 December 2024
Noosacare Inc
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 August 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU18/0009.05
Street address: 186 Cooroy Noosa Rd & 4 Carramar St Tewantin Qld 4565
Real property description: Lot 2 RP 177554 & Lot 19 RP 162486
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 15 November 2018.
• Development Permit for Material Change of Use of Premises – Multiple Housing Type 3
Retirement & Special Needs.
In relation to the request to make a minor change to the existing approval, Council on 20 December
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1 & 2.5.
C. Delete condition 32a.
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
1. 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
A101A Existing Part Site Plan by Middap Architecture Feb 2019
A102A Proposed Site Works Plan by Middap Architecture Feb 2019
A103B B Proposed Building Plan by Middap Architecture Feb 2019
A104B B Site Plan with Section and Elevation References by 18.03.2019
Middap Architecture
A105B B Site Elevations by Middap Architecture 18.03.2019
A106B B Typical Villa Sections by Middap Architecture 18.03.2019
A201B B Villas and Service Core Floor and Roof Plan by 18.03.2019
Middap Architecture
A202B B Proposed Villas and Service Core 3D Views by 18.03.2019
Middap Architecture
A203A Proposed Entry Building Floor and Roof Plan by 18.03.2019
Middap Architecture
A204A Proposed Entry Building Elevations and 3D Views by 18.03.2019
Middap Architecture
A205B B Proposed Villa 1 and 2 Floor and Roof Plan by 18.03.2019
Middap Architecture
A206B B Proposed Villa 1 and 2 Elevation and 3D Views by 18.03.2019
Middap Architecture
A207A Proposed Villa 3 and 4 Floor and Roof Plan by 18.03.2019
Middap Architecture
A208A Proposed Villa 3 and 4 Elevation and 3D Views by 18.03.2019
Middap Architecture
1 PART SITE PLAN Received by
Council on
03.04.2020
2 BOUNDARY ELEVATION Received by
Council on
03.04.2020
1714-20 I Design Features Plan 1 of 7 by Callaghan & Toth November
Civil, Environmental & Hydraulic Engineers 2020
1714-27 I Design Setout Plan 1 of 6 by Callaghan & Toth Civil, November
Environmental & Hydraulic Engineers 2020
16519-C101 D Proposed Permanent and Event Day Parking 08.09.20
prepared by TOD Engineers & Project Managers as
amended in red by Council
CD01 P4 Site Plan, prepared by Middap Architecture March 2019
CD 02 - P4 Floor Plan, prepared by Middap Architecture July 2021
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CD-304 03 Landscape Materials and Finishes – Sheet 4 by 15.11.2024
Project Urban
CD-404 05 Landscape Planting Plan – Sheet 4 by Project Urban 15.11.2024
2. The development must include the following, to the reasonable satisfaction of the Manager,
Development Assessment:
2.1. Deleted
2.2. Car parking must be provided at a rate of 0.92 car spaces per bed. Of these, 0.21
spaces per bed are for event days which must be accommodated on the site, but may
be located in temporary areas. The layout must comply with Australian Standard
AS/NZS 2890.1-2004 and may include the existing 18 car parking spaces in the
road reserve.
2.3. Deleted
2.4. Deleted
2.5. All buildings are to be setback a minimum of 6.0 metres to all boundaries apart from
the existing development. Landscaping of the setback is to be in accordance with the
approved plans with existing vegetation retained and reinforced in the setbacks to
maintain the amenity of adjoining residents and a visual screen to Cooroy Noosa
Road.
2.6. Noise attenuation measures must be incorporated into the building design to mitigate
traffic noise impacts from Cooroy Noosa Road. The design criteria for the development
must be 63dB(A)L10(18hours)
2.7. Deleted
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.
4. No vegetation removal is permitted within the Q100 flood line and east of the existing car
park footprint.
5. A parking management plan must be submitted detailing how car parking is to be managed
and to direct visitors on event days.
6. A maximum building height of 2 storeys and 9.30 metres for Villas 1 and 2 and 9.75 metres
for Villas 3 and 4 in accordance with the approved plans. The Entry Building must not exceed
2 storeys and 8.0 metres.
7. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted for each stage, to secure performance of all conditions of the relative stage
approval. This security must be submitted prior to the issue of a Development Permit for
Operational Works for the relevant stage. 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.
8. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to in
this approval to effect compliance with conditions.
Flooding
9. All buildings proposed on site must be constructed to a minimum floor level above the
predicted 1 in 500 ARI design storm (Q500) to avoid the risk of flooding.
Vehicle Access
10. All vehicles must enter and leave the site in a forward direction.
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11. Bollards must be installed to the western end of the existing road reserve car park to contain
vehicles within the car park.
Carparking
12. All car parking spaces must be designed and constructed in accordance with AS/NZS
2890.1:2004 (User Class 1 for staff and employees and User Class 3 for visitors) with
allowance for vehicles to enter and leave the site in a forward gear and with a minimum head
clearance (headroom) at any point of 2.2m.
13. All car parking spaces for persons with disabilities must be designed and constructed in
accordance with AS /NZS 2890.6:2009.
14. All carparking must be kept, maintained and line-marked in a condition fit for use.
15. All staff carpark spaces must be clearly defined by line marking each space with the words
“Staff Parking Only” and by sign posting each space with a similar wording.
16. A dedicated pedestrian pathway must be provided linking the proposed carparking area and
the proposed Admin Block. The pathway must:
a. Be a minimum of 1.5m wide,
b. Be located clear of the access driveway, and
c. Include a marked pedestrian crossing point to the Admin Block
Earthworks
17. A suitably qualified Registered Professional Engineer must prepare engineering drawings
and specifications for all engineering works that will become Council infrastructure, which
must be submitted in conjunction with an application for a Development Permit for
Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed
cadastre layout is to be submitted in conjunction with any application for Operational Works.
General
18. Digital detailed designs including drawings, calculations, specifications and a schedule of
works, must be submitted with any application for a Development Permit for Operational
Works in respect of roadworks and stormwater drainage works. The design must be in
accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards
19. Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development must be shown on the plans.
20. To facilitate production of As Constructed drawings it is suggested that all design drawings
are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on
the use of ADAC are available at www.adac.com.au).
21. A construction management plan/strategy to ensure no damage occurs to Council services
must be prepared by a suitably qualified Registered Professional Engineer and submitted to
Council in conjunction with any application for Operational Works.
22. Any damage caused to any public utility during the course of construction must be repaired
to Council’s standards and at no cost to Council.
23. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site must be at no cost to Council.
24. The transportation of all materials to and from the site must be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site must be covered to prevent materials including dust being windblown from the
vehicle.
25. As Constructed drawings and data must be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor must certify the cadastre and the location, level
and type of all services and structures. All of which must be submitted to Council for checking
and for Council’s records.
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The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data must be submitted
in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).
Approval of works must not be granted until all As Constructed information has been supplied
and accepted by Council.
Stormwater
26. All works must be constructed and work procedures undertaken in accordance with:
a. The approved plans, the approved amended plans and the conditions detailed in this
Decision Notice.
b. The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care
integrated Water Management Plan Version 4 by Callaghan & Toth dated June 2019
c. The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy Noosa
Road, Tewantin Preliminary Design of Stormwater Detention Volume’ by BSM dated
21 December 2017.
d. The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July 2017.
e. The Addendum Letter by Cardno (document number WE17064) dated 23 March 2018.
f. The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated 27
September 2018.
g. A minimum Finished Floor Level (FFL) of the Aged Care Facility and any
associated facilities at 8.80m AHD.
h. A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m AHD.
i. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines are to be adhered to.
Drainage Easement
27. An easement for drainage purposes must be registered against the titles of the properties in
favour of Council over the land area identified as being external to the area to be dedicated
as Environmental Park and below the post development 1% AEP flood level on the subject
site from flooding sources external to the site (excluding proposed structures). The easement
width must be in accordance with Noosa Council’s Development Design Planning Scheme
Policies. The easement must be granted at no cost to Noosa Council. The wording of the
easement documentation must be in accordance with Council’s Standard Easement
document.
28. 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.
Acid Sulfate Soils
29. As the site is located below the 20m AHD and above the 5m AHD, any excavation works
consisting of 100m3 or greater which extends below 5m AHD will need to be carried out in
accordance with the State Planning Policy and the Noosa Plan. In this regard appropriate
testing and supporting documentation prepared by a suitably qualified specialist must be
submitted to Council for approval prior to obtaining a Development Permit for Operational
Works.
Erosion and Sediment Control
30. Any waters discharging from the construction areas of the site to below the AEP 1% contour
must achieve less than 50mg/L Total Suspended Solids (TSS)and pH suitable for the needs
of the receiving wetland during all rain events.
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The application for operational works must include a detailed Erosion and Sediment control
plan prepared by a Certified Professional in Erosion and Sediment Control, in accordance
with the International Erosion Control Association Best Practice Book Series, including:
a. The Erosion and Sediment Control Plan must include for staging of construction to
minimise the area of exposed soils at all times to an area whereby the contractor can
practically cover all exposed soils with materials that will prevent the movement of soil
(i.e. to a c-factor of 0.5) prior to any forecast rain event nominated and/or observed as
likely to cause runoff from the site, regardless of whether those exposed areas flow to
a sediment basin.
b. A sufficient supply of materials nominated as the contingency to cover exposed soils
must be on site at all times, along with appropriate machinery and personnel for their
deployment.
c. The Erosion and Sediment Control Plan shall also include a High Efficiency flow
through sediment basin sized and operated to treat 90% of the flows and to act as final
polishing and contingency to achieve 50mgTSS/L where cover of exposed soils fails.
The flow through sediment basin must remain operational from commencement of
construction until the site is stabilised for operational purposes, regardless of the area
of exposed soil.
d. Chemicals used for dosing of the flow through sediment basin must be proven to not
become bioavailable or harm the ecology within the receiving wetland.
31. The wetland habitat below the Q100 line (1% AEP) must be protected from any risk of water
balance changes or chemical changes associated with construction activities and the
conduct of the approved use. A detailed Wetland and Swamp Crayfish Habitat Protection
Management Plan must be submitted with any operational works application to demonstrate
the wetland habitat will be protected from construction activities and the conduct of the
approved use. The Wetland and Swamp Crayfish Habitat Protection Management Plan must
demonstrate:
a. The water quality necessary for ongoing protection of the wetland;
b. How the Erosion and Sediment Controls for the site will prevent release of any
constructed generated sediments and chemicals to the wetland; and
c. The ecological and biological requirements of the Swamp Crayfish and how these will
be protected during construction and operation of the development.
LANDSCAPE & ECOLOGY
Landscaping & Vegetation Clearing
32. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. Deleted.
b. Provide detail of the number of mature native trees (>150mm DBH) including species
and canopy spread, proposed to be removed to facilitate all aspects of the development
proposal.
c. Provide details of the methods to be used during the vegetation clearing including the
use of licensed spotter/catchers, disposal of cleared vegetation, methods to ensure
retained vegetation is protected from development works, in particular where works are
proposed adjacent to root zones of vegetation located on the road reserve with
reference to AS 4390 -2009 and amendments Protection of Trees on Development
Sites
d. Provide details of the treatment of environmental and declared weeds on the site.
33. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
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34. The open space and setback areas are to be landscaped in accordance with Council’s Policy
on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably
qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior
to the premises being occupied and maintained at all times thereafter.
35. Any building under-croft areas must be adequately stabilised for erosion control.
Dedication of Land as Reserve
36. Prior to obtaining a Development Permit for Operational Works the land area identified as
being to the east of the proposed wetland fence on Middap Architecture Pty Ltd - Plan A102A
(Proposed Site Works Plan February 2019) be dedicated to Council in fee simple on trust for
the purpose of an Environmental Park.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the Planning Act
2016.
37. The land area to be dedicated must by unencumbered by services such as pump stations,
services easements or similar operational uses.
Works within Protected Land
38. The following works must be undertaken within the land to be dedicated to the Crown as
reserve, and upstream to the Noosa Cooroy Road asphalt formation:
a. Management and control of all environmental weeds, defined as “undesirable species”
in Council’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for a
minimum period of 24 months.
b. Removal of any waste materials foreign to the area.
c. Treatment of any tree hazards identified through a Council approved arborist report
The works must be undertaken in accordance with an Operational Works approval.
Fencing to Protected Land
39. A permanent fence must be constructed along the interface of the development site with the
land area to be dedicated. The fence must be constructed in accordance with an Operational
Works approval and must be to the following specifications:
a. 2.1 metre high
b. Pool fence with vertical bars at 100mm centres (or similar)
c. Educational signage for wetlands protection.
40. An Environmental Awareness and Education Brochure must be prepared and provided to
personnel who manage the development. The brochure must provide educational
information regarding the significance of the Swamp Crayfish, Melaleuca wetland and the
potential negative impacts that may result from management activities such as the disposal
of green wastes, bushfire management and stormwater management.
ENVIRONMENTAL HEALTH
Waste Management
41. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and
Industrial Premises”. The facilities must include an external impervious area correctly sized
for all refuse and recycling containers and suitably screened from public places and
neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain
outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent
storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high
and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed,
or any other design approved by Council.
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42. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
43. Public bins must be provided to reduce littering. All bins provided must be for refuse and
recycling and be decanted into the bulk bins by the site operators.
Mechanical Equipment
44. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
• 7am to 10pm: Maximum background + 5dB(A)
• 10pm to 7am: Maximum background + 3dB(A)
b. Pumps
• 7am to 7pm: Maximum background + 5dB(A)
• 7pm to 10pm: Maximum background + 3dB(A)
• 10pm to 7am: No audible noise.
45. The certification must be submitted to Council, which certifies that operational noise from any
fixed plant and equipment complies with the requirements of this Decision Notice.
(Additional conditions 18 July 2019)
46. Privacy screening to the northern elevation as detailed on the approved plans must be
designed and maintained to ensure that there is no overlooking into the adjoining residential
properties.
47. All elements of the approved Integrated Stormwater Management Plan system must be
maintained in accordance with the Water by Design, Maintaining Vegetated Stormwater
Quality Treatment Assets or manufacturer’s maintenance protocol where appropriate.
48. Stormwater management measures must be maintained in accordance with this approval
and a contract by an appropriate company to undertake maintenance in accordance with this
approval for a minimum 10 years must be signed and provided to Council prior to the
commencement of use.
(Additional conditions 18 February 2021)
49. The car park in Lot 19 on RP162468 (4 Carramar Street) must only be used by staff.
50. No lighting is to be provided to the car park in Lot 19 on RP162468 (4 Carramar Street).
51. Access to the car park in Lot 19 on RP162468 (4 Carramar Street) must only be via the
existing access from Cooroy Noosa Road. In this regard a locked gate must be provided to
prevent vehicle access to/from Carramar Street.
52. To minimise potential noise impacts on adjacent residential areas, the western carpark in Lot
19 on RP162468 (4 Carramar Street) must not be used between the hours of 6:30pm and
6:30am unless otherwise approved in writing by Council. A fence and gate must be provided,
generally along the eastern boundary of the Lot, preventing access to the carpark between
these hours.
53. The existing fencing to the northern and western boundaries must be maintained, if the
fencing is replaced the minimum height of any new fencing must be 1.8 metres.
54. Screening vegetation must be planted along the western boundary in accordance with
Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must have
a minimum pot size of 45 litres and consist of native, endemic species with a mature height
of not less than 2 metres and a maximum spacing of 2 metre centres
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Sunset period for temporary staff accommodation
55. This development approval for 2 temporary accommodation units lapses on 21 October
2026, unless an application to extend the approval is approved by Council.
56. The 2 temporary accommodation units must be for the primary use of staff of the residential
care facility.
57. The 2 temporary staff accommodation units must be connected to the approved stormwater
water management system on site. An updated stormwater management plan incorporating
the units must be submitted to Council prior to the issue of a Building approval.
5. REFERRAL AGENCIES
Not applicable
6. ADVISORY NOTES
ADVISORY NOTES:
Building and Construction Industry (Portable Long Service Leave) Levy
1. 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
2. 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
3. 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:
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. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads
v. 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,
emergency services and local businesses 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
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f. details on the location of external fill/dump sites, 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.
4. It is recommended that the buildings be finished predominately in colours and hues of the
surrounding natural landscape to ensure they integrate with the adjacent natural
environment.
Private Infrastructure
5. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
6. 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.
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, Car parking,
Vegetation removal and Landscaping
Development Permit to Reconfigure a Lot Creation of environmental park
Development Permit for Building Works All building works
10. SUBMISSIONS
Not applicable
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
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.
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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,
Cameron Smith
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 19 August 2018
• Negotiated Decision Notice – 15 November 2018, with an amendment to conditions 1, 2, 26, 27, 36 & 39.
• Decision Notice - Minor Change MCU18/0009.01 – 18 July 2019, with an amendment to conditions 1, 6, 26 & 36, rectify item 9,
and additional conditions 46, 47 & 48
• Decision Notice – Minor Change – MCU18/0009.02 - 29 April 2020, with an amendment to condition 1.
• Decision Notice – Other Change – MCU18/0009.03 – 18 February 2021, with amendment to condition 1; include additional
conditions 49-54
• Decision Notice – Minor Change – MCU18/0009.04 – 21 October 2021; with amendment to condition 1; include additional
conditions 55-57
• Decision Notice – Minor Change – MCU18/0009.05 – 20 December 2024; amend condition 1 & 2.5, delete condition 32a.
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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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Document Set ID: 23418169
Version: 2, Version Date: 20/12/2024