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ECM_21734524_v3_Decision Notice - Approved by Delegation of Authority MCU21 0150

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                                                              Officer:            Lisa Pienaar
                                                              Direct Telephone:   07 53296514
                                                              Our Reference:      MCU21/0150
                                                              Your Reference:     n/a

               22 December 2021




               Dear Sir/Madam
                                                         Decision Notice
                                                         Planning Act 2016

               I refer to your application and advise that on 16 December 2021, Council decided to approve the
               application subject to conditions.
               Details of the decision are as follows:




               1.      APPLICATION DETAILS

                   Application No:              MCU21/0150

                   Street address:              9 Rules Rd Pomona Qld 4568

                   Real property description:   Lot 190 MCH 1261

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
                      Development Permit for a Material Change of Use - Dwelling house (including secondary
                       dwelling)
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               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.




                                                PO Box 141                 P. (07) 5329 6500     [email protected]
                                                TEWANTIN QLD 4565          F. (07) 5329 6501     www.noosa.qld.gov.au
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Document Set ID: 21734524
Version: 3, Version Date: 22/12/2021
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Page 2

                      Approved Plans
               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                         Plan No.           Rev.      Plan/Document Name                           Date

                         B210717            E         Cover Page, prepared         by   Bespoke 23/11/2021
                                                      Building Design

                         B210717 - 2        E         Site Plan, prepared by Bespoke Building 23/11/2021
                                                      Design

                         B210717 - 3        E         Dwelling Lower Floor Plan, prepared by 23/11/2021
                                                      Bespoke Building Design

                         B210717 - 4        E         Dwelling Upper Floor Plan, prepared by 23/11/21
                                                      Bespoke Building Design

                         B210717 - 5        E         Dwelling Elevations, prepared by Bespoke 23/11/2021
                                                      Building Design

                         B210717 - 6        E         Relatives Residence Floor Plan, prepared 23/11/21
                                                      by Bespoke Building Design

                         B210717 - 7        E         Relatives Residence Elevations, prepared 23/11/2021
                                                      by Bespoke Building Design

                         TSSC214004- 3      -         Layout (Shed Plans), prepared by The 24/08/2021
                                                      Shed Company

                         J000969            1         Bushfire Management Plan – prepared by 22/11/2021
                                                      North Coast Environmental Services

                      Currency Period
               3.     This development approval lapses if the use has not happened by 16 December 2027,
                      unless an application to extend the currency period is approved by Council.
                      Performance Bond
               4.     Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be
                      submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
                      will be returned on performance of the conditions of approval less any costs incurred by
                      Council in respect of enforcing performance of this permit. Council reserves the right to call
                      upon the bond or guaranteed sum to effect compliance with conditions.
                      Extent of use
               5.     The premises must be used in accordance with The Noosa Plan definitions for a Dwelling
                      and must be for the exclusive use of one household only.
               6.     The premises must not be used as Multiple Housing and/or Visitor Accommodation or any
                      other residential use as defined by The Noosa Plan, except a Dwelling.
                      General
               7.     Where damage occurs to any Council asset as a result of the development works, it must be
                      repaired immediately where it creates a hazard that presents risk to person or property. Other
                      damage must be repaired prior to completion of works.


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Page 3

               8.     All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      a.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      Environment
               9.     Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) 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.
               10.    Erosion and sediment control measures must be installed and maintained to minimise
                      erosion on the site and to minimise the export of sediment and associated pollutants from
                      the site. The erosion and sediment control measures must be designed, installed and
                      maintained in accordance with current best practice standards
                      (*Refer to Advisory Notes).
               11.    Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
                      earthworks shown on the approved plans except where the exposed soil is effectively
                      stabilised without delay and prior to rainfall occurring.
                      Vegetation Retention
               12.    All trees and vegetation identified for retention must be protected in accordance with AS
                      4970, Protection of trees on development sites.
               13.    A “no clearing zone” must be established and maintained over the land area identified as
                      outside of the asset protection zone detailed within the approved Bushfire Management Plan.
                      The following activities must not be carried out within the ‘no clearing zone’:
                      a.      clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
                              indigenous to, or planted within, the zone
                      b.      soil/spoil dumping and/or compacting
                      c.      soil excavation, other than for planting indigenous native plants.
                      The following exceptions apply:
                      a.      declared plants under the Land Protection (Pest and Stock Route Management) Act
                              2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
                              Weeds, Exotic Grasses and other plants identified in writing by Council
                      b.      indigenous native trees which pose a well-founded threat to persons or property as
                              approved in writing by Council
                      c.      controlled bushfire burns to maintain ecological processes subject to submission of a
                              Bushfire Management Plan and agreed in writing by Council.
                      Vegetation Removal
               14.    Vegetation removal must be supervised and undertaken in accordance with the approved
                      Bushfire Management Plan.
               15.    All tree and vegetation removal works must be undertaken by a qualified person*.
                      *(Refer to Advisory Note)
               16.    Prior to commencement of use, a suitably qualified* person must certify compliance of
                      approved vegetation removal as per the approved Bushfire Management Plan*.
                      *(Refer to Advisory Note)




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                      Fauna Management
               17.    A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Protect and recover fauna during clearing operations (not previously removed).
                      e.      Manage the translocation of animals and recovery procedures in accordance with
                              relevant legislation.
                      *(Refer to Advisory Note)
                      Fencing
               18.    Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay
                      and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement
                      of fauna. Such fencing must:
                      a.      allow adequate clearance at ground level for local macropods
                      b.      not include any use of barbed wire or similar materials
                      c.      provide regular opportunities for passage over and through
                      d.      be agreed by Council
                      Bushfire Management
               19.    The development must be carried out in accordance with the Bushfire Management Plan,
                      prepared by North Coast Environmental, dated 22/11/2021.
                      *(Refer to Advisory Note)
               20.    A copy of the Bushfire Management Plan report listed within this Decision Notice must be
                      provided to the nearest fire authority.
               21.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the bushfire management conditions
                      of this Decision Notice.
                      *(Refer to Advisory Note)
                      Property Access and Driveways
               22.    The existing crossover must be upgraded to be generally in accordance with:
                      a.      Councils standard drawing RS-056 (and associated addendums);
                      b.      The approved plan B210717 (Rev B); and
                      c.      Include a compacted road base surfacing within the road reserve.
                      The works must be undertaken with written approval in accordance with Noosa Council
                      driveway crossover approval conditions and adopted standard drawings for the crossover
                      type as required by the Planning Scheme. Construction, modification or alteration of a vehicle
                      crossover must not commence until approval has been received from Council.
                      Stormwater Drainage.
               23.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.




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                      Damage to Services and Assets
               24.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      Where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      Where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.
               5.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral               Referral Agency and Referral Trigger                         Response
                Status                 Address

                                       State Assessment         Schedule 10, Part 9, Division       The agency provided its
                                       and Referral Agency      4, Subdivision 2, Table 4, Item     response on
                                       (SARA)                   1 (10.9.4.2.4.1) - State            20/10/2021 Reference
                                                                transport corridors and future      2109-24975 SRA copy
                                                                State transport corridors           of the response is
                                                                                                    attached

               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               Qualified Person
               1.     Qualified Person, for the purpose of:
                      a.      A Bushfire Management Plan for certifying compliance with the bushfire requirements
                              of this Decision Notice, a qualified person is considered to be an ecologist with a
                              minimum of 3 years current experience in the field of bushfire assessment and
                              management.
                      b.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and Specifying Trees – a guide to
                              assessment of tree quality (NATSPEC) assessment and either:
                              i.        International Society of Arboriculture (ISA) certification; or
                              ii.       A Diploma of Arboriculture.
                      c.      Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
                      Retention of Existing Trees
               2.     The existing trees on adjoining properties must be retained and protected during construction
                      wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
                      operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
                      construction of the development which is the subject of this development approval.
                      Standard Drawing
               3.     Councils standard drawing for a rural crossover RS-056 (and associated addendums) can
                      be found on Councils website or by following this link:
                      https://www.noosa.qld.gov.au/planning-development/development-tools-
                      guidelines/standard-drawings



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Page 6

                      Infrastructure Charges
               4.     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
               7.     PROPERTY NOTES

               The following property notes will be placed against the subject property in Council’s property record
               system:
               MCU21/0150 – Bushfire Management
               1.     To ensure the safety of people and property, this properly must be maintained, all buildings
                      and structures must be sited and/or constructed in accordance with the bushfire
                      management conditions of Council Approval MCU21/0150 and any associated Operational
                      Works approvals.
               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 Building Works                 All building work.

               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.
               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,




               Lisa Pienaar
               Development Planner


               Enc:   Appeal Rights
                      Referral Agency Response
                      Infrastructure Charge Notice
                      Approved Plans/Documents
               cc.    Referral Info – [email protected]




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Page 7

                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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2109-24975 SRA

Applicant name: oe
Applicant contact details: S——__
Representations

 

An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s. 30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Alex Keane, Senior Planning Officer, on 07 3452 6768 or via email
[email protected] who will be pleased to assist.

Yours sincerely

“a

Garth Nolan
Manager (Planning)

cc Miss Sophie McLaren, [email protected]

enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Approved plan

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2109-24975 SRA

Attachment 1—Referral agency conditions
(Under section 56(1)(b)(I) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (A copy of the plan referenced below is found in Attachment 5).

 

No. | Conditions Condition timing

10.9.4.2.4.1—The chief executive administering the Planning Act 2016 nominates the Director-General
of the Department of Transport and Main Roads (DTMR) to be the enforcement authority for the
development to which this development approval relates for the administration and enforcement of any
matter relating to the following condition:

1. Vehicular access must be provided generally in accordance Prior to the commencement of
with the Site Plan, prepared by bespoke building design, use and to be maintained at all
dated 02/10/2021, drawing reference 8210717, issue B and times

as amended in red by SARA.

 

 

 

 

 

 

 

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2109-24975 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

1.

 

 

Terms and phrases used in this document are defined in the Planning Act 2016 its regulation

or the State Development Assessment Provisions (SDAP) version 2.6. If a word remains
undefined it has its ordinary meaning.

 

 

‘State Assessment and Referral Agency

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2103-24975 SRA

Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

 

The reasons for the SARA's decision are:

The development complies with State Code 1: Development in a state-controlled road environment of the

SDAP. Specifically, the development:

« does not create a safety hazard for users of a state-controlled road

* does not compromise the structural integrity of state-controlled roads, road transport infrastructure or
road works

« does not result in a worsening of the physical condition or operating performance of state-controlled
toads and the surrounding road network

* does not compromise the state's ability to construct, or significantly increase the cost to construct
state-controlled roads and future state-controlled roads

* does not compromise the state's ability to maintain and operate state-controlled roads, or significantly
increase the cost to maintain and operate state-controlled roads

« does not compromise the structural integrity of public passenger transport infrastructure or
compromise the operating performance of public passenger transport services

« avoids or mitigates significant adverse impacts resulting from environmental emissions generated by
vehicles on the state-controlled road.

Material used in the assessment of the application:

The development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

The SDAP (version 2.6), as published by the SARA

The Development Assessment Rules

SARA DA Mapping system

Human Rights Act 2019

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Attachment 4—Representations about a referral agency response
provisions

 

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Attachment 5—Approved plan

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Development Assessment Rules—Representations about a
referral agency response

The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules*
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—

(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or

(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or

(c) the applicant has given written agreement to the change to the referral agency response.”

28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. Ifa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.

* Pursuant to Section 68 of the Planning Act 2016

? In the instance an applicant has made representations to the concurrence agency under section 30, and the
concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have
been satisfied.

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Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.*

? An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take
this action. If a concurrence agency wishes to amend their response in relation to representations made under
this section, they must do so in accordance with section 28.

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Page 17

                                                                              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: 21734524
Version: 3, Version Date: 22/12/2021

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