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SUPERSEDED - Decision Notice - OPW23 0084 [As Published]
Officer: Daniel Epps
Direct Telephone: 07 5329 6223
Our Reference: OPW23/0084
Your Reference: S23-036
6 September 2023
NA Godwin & S Godwin
C/- Westera Partners Pty Ltd
PO Box 2016
FORTITUDE VALLEY QLD 4006
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 5 September 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW23/0084
Street address: 43 Summit Road, Pomona
Real property description: Lot 2 SP 186019, Lot 3 SP 186019
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Approval for Operational Works – Roadworks, Landscaping,
Electrical
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
S23-036-C02 A Site Plan 19 May 2023
Prepared by Westera Partners
S23-036-C03 A Civil Works Plan 01 of 02 19 May 2023
Prepared by Westera Partners
S23-036-C04 A Civil Works Plan 02 of 02 19 May 2023
Prepared by Westera Partners
S23-036-W02 A Water Works Site Plan 19 May 2023
Prepared by Westera Partners
22-079A (1) A1 Electricity Reticulation 4 August 2023
Prepared by Jeannotte Engineering
22-079A (2) A1 Electricity Reticulation 4 August 2023
Prepared by Jeannotte Engineering
PR0704 0 Fauna Management Plan 28 July 2023
Prepared by Biodiverse Environmental
PR0704 0 Rehabilitation Management Plan 28 July 2023
Prepared by Biodiverse Environmental
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 5 September 2025, unless an application to extend the currency
period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
3. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
4. Council must be contacted at least 5 working days prior to any works commencing to
organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The
pre-start meeting must include the relevant parties for the following aspects of the works:
a. Civil engineering works;
b. Arboreal works;
c. Fauna management works;
d. Rehabilitation works; and
e. Other relevant parties.
5. A preliminary Construction Management Plan must be submitted to Council prior to the pre-
start meeting and must specifically address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
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b. provision for safe vehicle and pedestrian access along the access handle from Summit
Road to the beginning of the causeway both during daily construction and after daily
construction has ceased.
6. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
7. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
DURING CONSTRUCTION
Retention of Existing Trees and Vegetation
8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
Fauna Management
9. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the approved Fauna Management
Plan; and 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. Provide a written report to Council with the request for the prestart meeting of all pre-
clearing activities and initiatives;
e. Co-ordinate staging and sequence of clearing with fauna protection;
f. Protect and recover fauna during clearing operations (fauna not previously removed);
g. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation; and
h. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
Plant Pest Management
10. A qualified person* must manage plant pest (weeds) to:
a. Ensure plants listed as Class 1, 2 declared pests and environmental weeds within
Council’s Pest Management Plan are controlled and prevented from spreading; and
b. Oversee management techniques that minimise regrowth, prevent damage to non-
target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Land Rehabilitation
11. Rehabilitation works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
12. A clause must be included in the contract of sale for Lot 3 which provides unlimited
maintenance access to the area identified for rehabilitation in the approved Rehabilitation
Management Plan. This access must be granted until the rehabilitation works have met all
performance criteria and confirmed off maintenance by Council.
13. Prior to the prestart meeting for the rehabilitation works, a bank guarantee or a bond of
$10,000 must be lodged as security for the completion of the rehabilitation works and three
year performance maintenance period identified in the conditions of this approval.
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14. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $5,000
b. Year 2 - $3,000
c. Year 3 - $2,000
15. The Rehabilitation supervisor must annually:
a. Organise formal inspection with Council’s delegate*; and
b. Submit to Council (with each inspection request) a Rehabilitation Status Report (written
and photographic), mapping:
i. The condition of the regeneration area;
ii. Detailing works undertaken in the previous year;
iii. The percentage cover of indigenous recruitment; and
iv. Measuring the works against the conditioned Performance Criteria.
*(Refer to Advisory Notes)
16. Rehabilitation works must meet the following Performance Criteria for:
a. Year One – 12 months after installation:
i. Planted trees have achieved an average height of 1m.
ii. Planted shrubs have achieved an average height of 0.4m.
b. Year Two - 24 months after the installation:
i. Planted trees have achieved an average height of 2m.
ii. Planted shrubs have achieved an average height of 1m.
c. Year Three - Final acceptance installation:
i. Planted trees have achieved an average height of 3m.
ii. Planted shrubs have achieved an average height of 1.2m.
iii. Canopy and / or vegetative strata must not be devoid for any area greater than
1.0m2 within any 10m2 sample.
iv. Plant density shading out and/or self-mulching.
d. The duration of the establishment period:
i. Adherence to maintenance regime for rehabilitation and revegetation areas.
ii. No evidence of woody weeds reshooting from stumps, poisoned trees or the
regrowth of cut stumps.
iii. No evidence of over-weeding or impact on non-target species.
iv. Signs of indigenous recruitment in rehabilitation areas.
v. Weed infestations less than 5% of the rehabilitation areas.
vi. Any failed plants within the previous 12 month period have been replaced.
vii. Healthy and vigorous growth allowed to grow to full form.
viii. Mulch layer sufficient to suppress weeds.
Bushfire Management
17. A qualified person* must be engaged for the duration of the works to ensure:
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a. Works are carried out in accordance with the approved Bushfire Management Report;
and
b. The asset protection zones and the fire management access paths are established for
both the new and existing building envelopes.
Engineering
18. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
19. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
20. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice;
b. The relevant conditions of the higher order Reconfiguration of Lot approval
RAL22/0018 to which this approval relates;
c. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Roadworks
21. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
Pavement Design and Construction
22. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
23. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
Earthworks and Retaining Walls
24. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development.
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25. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
26. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
27. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
28. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
29. Prior to the completion of the development and commence of use, all site surfaces must be
effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium- to long-term (refer
to E&SC Advisory Notes).
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Erosion and Sediment Control
30. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) 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.
31. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
b. Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
c. Been revised to address predicted rainfall events; and
d. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
32. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
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33. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
Damage to Services and Assets
34. 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.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Bonds
35. Bonds must:
a. Meet the requirements of the relevant Council Planning Scheme Policy for performance
and uncompleted works;
b. Be lodged with Council and accompanied by the Bond Administration Fee/s; and
c. Be requested for release by writing to Council, when relevant approval requirements
have been met.
36. Performance Bonds must be lodged for:
a. Rehabilitation.
On Maintenance
37. Maintenance periods* must be:
a. 36 months for Rehabilitation or subject to meeting final performance criteria.
*(Refer to Advisory Note)
38. Prior to requesting an On Maintenance inspection, the following information package
(prepared by respective qualified persons* and certifying compliance with approvals) must
be submitted to Council:
a. All required bonds;
b. Landscaping certification;
c. Pest Plant certification; and
d. Bushfire management certification.
Off Maintenance
39. Prior to requesting an Off Maintenance inspection the following must be provided:
a. Written request of bond release; and
b. Rehabilitation certification confirming all works have been met all performance
outcomes in accordance with conditions of approval.
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40. Off Maintenance Inspection must be requested:
a. By contacting Council*; and
b. Only after lodgement of all required certification and documentation.
*(Refer to Advisory Note)
Certification
41. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
42. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
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:
General Advisory Notes
1. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-049, RS-
050 and any associated addendum.
2. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
3. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
7. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
On Maintenance
8. Request for On Maintenance is the responsibility of the developer. No credit will be given
due to failure to request inspection. Maintenance works are the responsibility of the
developer and must include regular inspections, repairs, rectifications and establishment. A
single maintenance run immediately prior to inspection is not acceptable.
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Off Maintenance
9. A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements; or
b. Submitted certification falsely states works comply with approval requirements.
Environmental Advisory Notes
10. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Retention of Existing Trees
11. 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.
Removal of Existing Trees and Vegetation
12. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
13. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking rehabilitation construction and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
d. 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 AS2302 – Tree stock for landscape use
and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
e. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
f. Preparing certification and managing declared plant pests, is considered to be:
i. a landscape architect with a minimum of 3 years current experience in the field
of pest plant management;
ii. a botanist or ecologist with a minimum of 3 years current experience in the field
of pest plant management; or
iii. an environmental consultant with a minimum of 3 years current experience in the
field of pest plant management.
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g. Supervising and certifying Bushfire Management is considered to be an Ecologist with
suitable experience or a person with Fire Protection Association Australia – Bushfire
Planning and Design certification.
Landscape Works
14. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
Erosion and Sediment Control
15. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
16. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
17. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
18. Stormwater runoff from the site is not currently, and is not likely to result in visible evidence
of sedimentation or erosion, or lead to water contamination.
7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Bushfire Management
1. Buildings constructed as a result of the development approval must be wholly located within
the nominated building envelope shown on the approved reconfiguration plan and
constructed to meet the recommendations of the approved Bushfire Assessment Report
against AS 3959, Construction of buildings in bushfire prone areas.
2. The owner is advised to access the ‘Bushfire Awareness Package’ including a copy of the
approved Bushfire Assessment Report and the Bushfire Prepared Communities brochure or
latest equivalent prepared by the Queensland Fire and Rescue Service (available online at
www.fire.qld.gov.au).
Vegetation Conservation
3. The lot purchaser is advised that a Statutory Covenant is registered over the land for the
purpose of vegetation conservation to protect native fauna and flora. The lot owner or any
potential purchaser should familiarise themselves with the requirements of the covenant and
ensure all requirements have been met prior to purchase or resale of the land.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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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
Daniel Epps
Graduate Development Engineer
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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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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