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Log in to see the plans as drawnAppendix B Decision Notice and Approved Plans Request for a Change to the Conditions specified within the Decision Notice (MCU20/0002) 195 Weyba Road Noosaville Qld 4566 Lots 0, 1 and 2 on BUP 102401 Stay Property Group
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Page 2
SITE DESCRIPTION LOT 2 rp 113358
CNR SWAN STREET &
WEIBA RD NOOSAVILLE
SITE AREA 597m2
MAX ALLOWABLE GFA 340m2
X1 X2 X3
EXTG. APPROVED GROUND LEVEL 100m2
Carparking hardstand and landscaping EXTG. APPROVED UPPER LEVEL 161m2
buffer to be amended in accordance with
conditions of approval PROPOSED EXTENSION UPPER FLOOR 79m2
3249 TO BOUNDARY 6010 TO BOUNDARY
7789 UPPER FLOOR 2856 3154 DECK TOTAL PROPOSED GFA 340m2
EXTENSION
WM
2680 TO BOUNDARY
BOUNDARY 349°05'
TREE 30.175 TREE TREE
Y4 Y4
EXTG TIMBER RET WALL
EXTG GREASE
TRAP PLANTING
8380 DECK TO BOUNDARY
Y3 Y3
8477 TO DECK
1: 20 RAMP
PLANTING
WEYBA ROAD
TREE
BOUNDARY
BOUNDARY
P2 PLANTING
1: 20 RAMP
259°05'
20.117
PROPOSED EXTENSION
16.093
79°05'
79 EXTG FOOTPATH
AWNING
OVER UP
DECK
EXTG TIMBER RET WALL
TREE
Y2 Y2
4747 DECK TO BOUNDARY
4370 TO BOUNDARY
Y1 FALL BICYCLE PARKING
12 5.6
4° 89 Y1
05
UP CONC
STEP UP
FALL TREE
DRIVEWAY EXISTING PLANTING
TREE TREE 26.152 PALMS
169°05' BOUNDARY
VEHICLE CROSSOVER
IN ACCORDANCE
WITH NOOSA COUNCIL EXTG FOOTPATH
-
500 500 NOOSA COUNCIL
APPROVED PLAN
SWAN STREET 2856 3154 DECK TO BOUNDARY
MCU20/0002 30/4/20
6010
As annotated by Council
X1 X2 X3
DATE: ITEM: ISSUE:
271119 DA APPROVAL A
PROJECT: CLIENT: SITEPLAN
Project number 1819/013
PROPOSED RENOVATIONS & EXTENSIONS NOOSA DISTRICT BODY CD -00
195 WEYBA ROAD CORPORATE Date AUG 2019
Drawn by JMF Checked by AB Scale 1 : 200
Page 3
Minimum 1.3m wide landscape
buffer to be provided
Delete car space P2 in accordance with
amendments required by conditions
Motorcycle spaces to be provided
in accordance with amendments
required by conditions
Outdoor deck area is not included in
use area calculations. Refer Condition 8
As annotated by Council
MCU20/0002 30/4/20
APPROVED PLAN
NOOSA COUNCIL
Minimum 4 lockers
to be provided
-
Amend in accordance with Conditions
Page 4
As annotated by Council
Outdoor deck area is not included in use
MCU20/0002 30/4/20
area calculations. Refer Condition 8
APPROVED PLAN
NOOSA COUNCIL
-
Page 5
X1 X2 X3
EXISTING BUILDING HEIGHT EXISTING BUILDING HEIGHT
9300 9300
FALL
MRS
8.0m ABOVE NAT GROUND
DP DP
5005
BOUNDARY
BOUNDARY
DP
HEKA HOOD
WIN WIN WIN WIN
DP
WIN
MS
ENTRY
WIN
9300
SL GL BAL
UPPER LEVEL FLOOR 2 DOOR VERANDA UPPER LEVEL FLOOR 2
4295 4295
2° FALL
BG
UPPER LEVEL FLOOR 1 17
UPPER LEVEL FLOOR 1
3075 15
16
MAIN ENTRY
3075
3555
14 SC
13
12
SC DP SC SC SC SC
SC 11
10
9 BIN STORE EXTG SL GL DOOR
8 CAR PARK
7
6
GROUND LEVEL 5
4 4 4
GROUND LEVEL
3 PLANTER BOX
740 LANDSCAPE BANK
3
BIN STORE BIN STORE 2
3
740
740
2 2
BASE 1 BICYCLE PARKING 1 1
BASE
UP UP
0 PLANTING PLAN REFER TO WB 0
LANDSCAPE ARCHITECTURAL
PLANS
NEW GLAZING TO MATCH
3309
EXISTING BUILDING HEIGHT Y1 Y2 EXISTING
MRS
Y3 Y4 EXISTING BUILDING HEIGHT
9300 NEW GUTTERS TO 9300
REPLACE EXISTING
8.0m ABOVE NAT GROUND
WIN
1 EAST ELEVATION HEKA HOOD
DP DP HEKA HOOD
5005
CD-05 1 : 100 SB
DP
WIN WIN WIN WIN WIN WIN WIN WIN WIN WIN
GUTTER
SL GL DOOR
BOUNDARY
MS
BOUNDARY
MS
9300
BALCONY
UPPER LEVEL FLOOR 2 SB UPPER LEVEL FLOOR 2
4295 SB 4295
UPPER LEVEL FLOOR 1 DP UPPER LEVEL FLOOR 1
AWNING
3075 3075
3555
PLANTER BOX
WIN WIN WIN WIN WIN
2600
2770
SL GL DOOR SL GL DOOR
WB
GROUND LEVEL 4 4 GROUND LEVEL
3
740 3
2 LANDING 740
740
2
BASE 1 1
BASE
0 0
RAMP UP 1:20
-
LEGEND NOOSA COUNCIL
MS METAL SCREEN WIN WINDOW PC POLISHED CONCRETE APPROVED PLAN
SC STEEL COLUMN DP DOWNPIPE TF TIMBER FLOOR
MCU20/0002 30/4/20
2 NORTH ELEVATION WB F.C WEATHERBOARD TB TIMBER BATTEN
SB STEEL BEAM TS TIMBER SCREEN
As annotated by Council
CD-05 1 : 100
MRS METAL ROOF SHEET FC FIBRE CEMENT LOUVRES
SA STEEL ANGLES BAL BALCONY DATE: ITEM: ISSUE:
271119 DA APPROVAL A
PDR PIVOT DOOR CC CONCRETE COLUMN
PROJECT: CLIENT: EXTERIOR ELEVATIONS
Project number 1819/013
PROPOSED RENOVATIONS & EXTENSIONS NOOSA DISTRICT BODY CD.E01
195 WEYBA ROAD CORPORATE Date AUG 2019
Drawn by JMF Checked by AB Scale As indicated
Page 6
NEW GLAZING TO MATCH
EXISTING BUILDING HEIGHT Y4 Y3 EXISTING Y2 Y1 EXISTING BUILDING HEIGHT
9300 9300
MRS
WIN 8.0m ABOVE NAT GROUND
WIN WIN
BOUNDARY
BOUNDARY
WIN
DP DP
FC DP HEKA HOOD
SA
WB WIN
WIN WIN DP SB
9300
UPPER LEVEL FLOOR 2 VERANDA UPPER LEVEL FLOOR 2
4295 4295
UPPER LEVEL FLOOR 1 17 UPPER LEVEL FLOOR 1
16
3075 15
14
3075
13
SB SB SB SB SB 12
11
10
EXTG 9
CARPARK 8
7
GROUND LEVEL GROUND LEVEL
CC
740 CC CC CC CC LANDSCAPE BANK 740
BASE BASE
0 0
1 SOUTH ELEVATION
CD-05 1 : 100
X3 X2 X1
EXISTING BUILDING HEIGHT EXISTING BUILDING HEIGHT
9300 9300
MRS
FALL
8.0m ABOVE NAT GROUND
BOUNDARY
BOUNDARY
DP DP
DP DP DP
HEKA HOOD
SB
WIN WIN WIN WIN WIN
WIN WIN Landscaping buffer minimum 1.3m
FC
wide along southern boundary
WB WIN
9300
UPPER LEVEL FLOOR 2 UPPER LEVEL FLOOR 2
4295 4295
2°
BG DP
UPPER LEVEL FLOOR 1 UPPER LEVEL FLOOR 1
3075 AWNING 3075
SB SB SB SB
WIN WIN WIN WIN
2980
EXTG EXTG
GROUND LEVEL CC
CARPARK
CC
CARPARK
CC GROUND LEVEL
740 LANDING RAMP
740
BASE BASE
0 0
LEGEND
MS METAL SCREEN WIN WINDOW PC POLISHED CONCRETE 4 Motor cycle spaces
SC STEEL COLUMN DP DOWNPIPE TF TIMBER FLOOR -
to be provided
2 WEST ELEVATION WB F.C WEATHERBOARD TB TIMBER BATTEN NOOSA COUNCIL
SB STEEL BEAM TS TIMBER SCREEN
CD-05 1 : 100 MRS METAL ROOF SHEET FC FIBRE CEMENT LOUVRES
APPROVED PLAN
SA STEEL ANGLES BAL BALCONY MCU20/0002 30/4/20 DATE: ITEM: ISSUE:
271119 DA APPROVAL A
PDR PIVOT DOOR CC CONCRETE COLUMN As annotated by Council
PROJECT: CLIENT: EXTERIOR ELEVATIONS
Project number 1819/013
PROPOSED RENOVATIONS & EXTENSIONS NOOSA DISTRICT BODY CD.E02
195 WEYBA ROAD CORPORATE Date AUG 2019
Drawn by JMF Checked by AB Scale As indicated
Page 7
Outdoor deck area is not included in use
area calculations. Refer Condition 8
As annotated by Council
MCU20/0002 30/4/20
APPROVED PLAN
NOOSA COUNCIL
-
Page 8
As annotated by Council
MCU20/0002 30/4/20
Provide minimum of 4 double-
APPROVED PLAN
NOOSA COUNCIL
sided bicycle racks in
accordance with approved plan
CD-D01
-
Page 9
Officer: N Kirley
Direct Telephone: 07 53296486
Our Reference: MCU20/0002 : JELDER
Your Reference: 02617
6 May 2020
Davidson Property Trust No. 1 and No. 2
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
[email protected]
Dear Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 April 2020, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU20/0002
Street address: Seven Flags 195 Weyba Rd Noosaville Qld 4566
Real property description: Lots 0, 1 & 2 on BUP 102401
Planning Scheme: The Noosa Plan (8 June 2018)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Commercial Business - Type 1 Office
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
Page 1 of 8
Page 10
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
CD-00 A Site Plan prepared by Andrew Bock 27/11/19
Architecture - as annotated by Council
CD-D01 A Ground Fllor Plan prepared by Andrew Bock Mar 20
Architecture - as annotated by Council
CD-D02 A Upper Floor Plan prepared by Andrew Bock Mar 20
Architecture - as annotated by Council
CD.E01 A Exterior Elevations prepared by Andrew 27/11/19
Bock Architecture
CD.E02 A Exterior Elevations prepared by Andrew 27/11/19
Bock Architecture - as annotated by Council
CD-Z01 A Street Views prepared by Andrew Bock 20/01/20
Architecture - as annotated by Council
CD-Z02 A Street Views prepared by Andrew Bock 20/01/20
Architecture - as annotated by Council
Referenced Plans and Documents
3. Development must be in accordance with the following referenced plans and documents as
amended by conditions of this approval:
Document/Plan Rev. Document/Plan Name Date
No/ Ref.
File ref: 7465 n/a Stormwater Management Plan (SWMP) 20/03/2020
prepared by Black & More
Plan ID: SK01 n/a Applicant’s motorcycle parking sketch plan 29/04/2020
as annotated by Council
4. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice. The Approved Plans must be amended
to incorporate the amendments listed within this Decision Notice and resubmitted to Council
prior to the issue of any Development Permit for Operational Works* OR Building Works*,
whichever comes first, and must include the following:
a) Delete car parking space P2 in the south-western corner of the carpark;
b) Provide minimum 1.3m wide landscaping buffer to the southern boundary of the site;
c) Include 4 motorcycle spaces of dimensions in accordance with AS2890.1, on the
southern side of the carparking area in lieu of car space P2 generally as shown on the
Applicant’s motorcycle parking sketch plan, Plan ID SK01, and dated 29/04/2020 as
annotated by Council.
*(Refer to Advisory Note)
Page 2 of 8
Page 11
Nature and Extent of Approved Use
5. The approved use must not operate outside the hours of 7am and 9pm daily.
6. The requirements of Condition 5 must be included in the Community Management Statement
for any body corporate for the subject site and a copy of the amended statement forwarded
to Council prior to the use commencing.
7. The outdoor deck areas are not included in the use area calculations and must only be used
for pedestrian passage or thoroughfare unless otherwise approved by Council.
Currency Period
8. The Currency Period for this development approval lapses if the use has not happened by
the expiration of 6 years from the date of commencement of the approval, unless an
application to extend the currency period is approved by Council.
Building Height
9. The maximum height of the development must not exceed 9.3 metres for that part of the
building with roof pitch of 25 degrees and 8 metres for all other parts of the building.
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.
Parking
11. A total of 4 car parking spaces and 4 motorcycle spaces must be provided on site.
Performance Bond
12. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works OR Building Works, whichever comes
first. 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.
Waste management
13. A Waste Management Plan 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
Page 3 of 8
Page 12
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify proposed *specify contractor contractor and
re-use or on-site and recycling outlet landfill site or
recycling methods other disposal
site
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.
Building Appearance
14. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the
Approved Plans or the conditions of this Decision Notice.
LANDSCAPING
15. Dense landscaping must be provided to the southern boundary for a minimum width of 1.3
metres and include:
a. Syzygium australe, Syzygium leuhmanni or Syzygium hemilampra in minimum pot
sizes of 300mm planted at maximum spacing between stems of 1m.
b. Pruning must be limited to lateral (side) branches until the plants have reached a height
greater than 3 metres.
c. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
d. Soil for landscaping must provide for healthy and sustained site specific vegetation
performance.
16. All landscape works must be established and maintained in accordance with the approved
plans and conditions of approval 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.
Page 4 of 8
Page 13
ENGINEERING
Site Access, Car Park and Driveways
17. The existing driveway must be removed and a sealed access driveway must be provided
from Swan Street (approximately in the same location as the existing) to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051and
respective addendum; and
b. reinstatement of damaged kerb and footpath contiguous to the driveway.
18. All car parking areas, motorcycle 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.
19. The car park area is to be sealed and parking spaces must be clearly delineated and marked.
20. Directional signage must be provided to direct vehicles to the car parking spaces provided
on site.
Stormwater Drainage
21. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken generally in accordance with Black & More’s
Stormwater Management Plan (SWMP) for the subject site, dated 20/03/2020, File ref: 7465.
22. The site specific SWMP must be approved as part of the subsequent Building Approval.
Electricity and Telecommunication Services
23. 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.
24. 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.
Easements
25. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
26. 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.
27. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
28. All fill and associated batters must be contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council. All earthworks must be
undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
Earthworks for Commercial and Residential Developments.
29. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
Page 5 of 8
Page 14
30. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Damage to Services and Assets
31. 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
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Equitable Access and Facilities
1. 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
2. Prior to the commencement of the use, please contact Council's DA Planning Section to
arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
3. The assessment of this development was based on a proposal having a use area of 340m2,
as depicted on the Approved Plans.
Resubmission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Planning Assessment Branch
with the Reference No. MCU20/0002, separate to any Operational Works application. To
avoid delays and assessment issues with the Operational Works application, it is
recommended the plan/s be resubmitted prior to lodgement of any Operational Works
application. However, should the plans not be submitted, the applicant is advised that a
Preliminary Approval may be issued in lieu of a Development Permit.
Infrastructure Charges
5. 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.
Page 6 of 8
Page 15
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 Driveway and crossover
Development Permit for Building Works Building works (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.
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,
Nadine Kirley
Development Planner
Enc: Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. Unitywater
Page 7 of 8
Page 16
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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