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Minor Change Existing Approval 51992 539 03 [As Published]
Officer: Matt Pinese
Direct Telephone: 07 53296284
Our Reference: 51992.539.03
Your Reference: n/a
17 October 2024
JDBA Certifiers
C/- JDBA Certifiers
1/13 Norval Ct
MAROOCHYDORE QLD 4558
[email protected] [email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 August 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51992.539.03
Street address: The Entrance 20/67 Gibson Rd Noosaville Qld 4566
Real property description: Lot 39 GTP 100813 & GTP 3881
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 17 December 1992
• Town Planning Consent – Group Housing (51 Units)
In relation to the request to make a minor change to the existing approval, Council on 10 October
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend condition 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 6
Document Set ID: 23305196
Version: 3, Version Date: 17/10/2024
[OCR of page images]
v6 NOOSA
@®& Council
Officer: Matt Pinese
Direct Telephone: 07 53296284
Our Reference: 51992.539.03
Your Reference: n/a
17 October 2024
JDBA Certifiers
C/- JDBA Certifiers
1/13 Norval Ct
MAROOCHYDORE QLD 4558
[email protected] [email protected]
Dear Sir/Madam,
Decision Notice — Minor Change
Planning Act 2016
| refer to your application received on 22 August 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51992.539.03
Street address: The Entrance 20/67 Gibson Rd Noosaville Qld 4566
Real property description: Lot 39 GTP 100813 & GTP 3881
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 17 December 1992
e Town Planning Consent — Group Housing (51 Units)
In relation to the request to make a minor change to the existing approval, Council on 10 October
2024, decided to approve the requested changes. The changes are detailed below.
A. — Approve the change.
B. | Amend condition 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 6
Document Set ID: 23305196
Version: 3, Version Date: 17/10/2024
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Page 2
4. ASSESSMENT MANAGER CONDITIONS
(A) Approve the application, subject to the following conditions:-
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council's By-laws and Policies, the conditions of this approval and substantially in
accordance with plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9,
SKOIO, Site Plan referenced 2024-177 SD02 Rev A, prepared by SEQ Patio Group, dated
25/04/2024, Elevations referenced 2024-177 SD03 Rev B, prepared by SEQ Patio Group,
dated 13/06/2024 and the Shire of Noosa Planning Scheme, apart from where amendments
are required or dispensations have been granted in conjunction with this approval
2. The plans submitted for Building Approval are to modify the carparking layout and driveway
between units 1 to 6 and 41 to 44 such that several of the visitors spaces are relocated
elsewhere on site to reduce the impact of carparking within this western area.
Additional details as to compliance with Council's design standards for the carparking layout
will be required to be submitted
3. Provision of at least 77 off-street car parking spaces, comprising 51 covered spaces and 26
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application. A Building Approval shall not be granted until the
Shire Engineer has approved of the carparking and access scheme.
4. Payment to Council of $8620 in accordance with Council's Policy on Development in the
Noosa River Flood Plain, prior to the issue of Building Approval.
5. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
6. The open space and setback areas are to be landscaped in accordance with Council's Policy
on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with the approved landscape plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable satisfaction of the
Shire Planner.
7. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning
Scheme.
No fencing is to be provided between the buildings or the jetties along the canal frontage.
8. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
9. Construction work and other associated activities are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where
extended hours are approved by the Building Surveyor
10. Payment of contributions in accordance with Council's Policy on Water Supply and
Sewerage Headworks, current at the time of Building Approval. An estimate only of
the charges as at November, 1992 under the current policy is as follows:-
Water Supply - $169,000
Sewerage - $ 61,158
__________________
TOTAL: $230,158
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4. ASSESSMENT MANAGER CONDITIONS
(A) Approve the application, subject to the following conditions:-
1. Submission to and approval by Council of building plans in accordance with the Building Act,
Council's By-laws and Policies, the conditions of this approval and substantially in
accordance with plans numbered 9220SK01, SKO3, SKO5, SKO6, SKO7, SKO8, SKO9,
SKOIO, Site Plan referenced 2024-177 SDO2 Rev A, prepared by SEQ Patio Group, dated
25/04/2024, Elevations referenced 2024-177 SD03 Rev B, prepared by SEQ Patio Group,
dated 13/06/2024 and the Shire of Noosa Planning Scheme, apart from where amendments
are required or dispensations have been granted in conjunction with this approval
2. | The plans submitted for Building Approval are to modify the carparking layout and driveway
between units 1 to 6 and 41 to 44 such that several of the visitors spaces are relocated
elsewhere on site to reduce the impact of carparking within this western area.
Additional details as to compliance with Council's design standards for the carparking layout
will be required to be submitted
3. Provision of at least 77 off-street car parking spaces, comprising 51 covered spaces and 26
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme,
Council's Policies and to the reasonable satisfaction of the Shire Engineer. Plans and
specifications for these works are to be submitted to the Shire Engineer for approval in
conjunction with the Building Application. A Building Approval shall not be granted until the
Shire Engineer has approved of the carparking and access scheme.
4. Payment to Council of $8620 in accordance with Council's Policy on Development in the
Noosa River Flood Plain, prior to the issue of Building Approval.
5. There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
6. | The open space and setback areas are to be landscaped in accordance with Council's Policy
on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and
approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping
is to be completed in accordance with the approved landscape plan, prior to the premises
being occupied and maintained at all times thereafter to the reasonable satisfaction of the
Shire Planner.
7. Any fencing provided in conjunction with the development is to be setback an average of two
(2) metres to any road frontage pursuant to clause 36 (6) (c) of the Schedule to the Planning
Scheme.
No fencing is to be provided between the buildings or the jetties along the canal frontage.
8. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operations or the conduct of the approved use.
9. Construction work and other associated activities are permitted only during the hours of 7.00
a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on public holidays, except where
extended hours are approved by the Building Surveyor
10. Payment of contributions in accordance with Council's Policy on Water Supply and
Sewerage Headworks, current at the time of Building Approval. An estimate only of
the charges as at November, 1992 under the current policy is as follows:-
Water Supply - $169,000
Sewerage - $ 61,158
TOTAL: $230,158
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Page 3
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council's policy.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond
or trading bank guarantee for the required amount is to be lodged, prior to the release of that
Approval. The contribution is then required to be made within fourteen (14) days of the issue
of Building Approval.
The applicant should note Council's policy on Deferred Payment of Headworks effective until
March, 1993.
11. The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres
wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the
satisfaction of the Shire Engineer. The footpath is to be generally located 0.9 metres from
the property alignment, though a curvilinear alignment may also be acceptable and desirable.
12. The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
13. Connection to Council's existing sewerage reticulation systems at the developer's expense
to the standards and requirements of the Shire Engineer.
14. The developer shall provide a metered water connection from the water supply system to the
proposed development, in accordance with Council's standards and to the satisfaction of the
Shire Engineer
15. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into the canal system to the satisfaction of the Shire Engineer. A
Building Approval shall not be granted until the Shire Engineer has approved of the drainage
scheme.
16. Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council's Environmental Health Officer.
17. Provision of an imperviously paved and drained area to be drained to Council's sewer to
accommodate all refuse containers to the reasonable satisfaction of Council's Environmental
Health Officer. This area is to be aesthetically screened from any road frontage or adjoining
property boundary and is to be setback a distance of two (2) metres from any road frontage.
A suitable hosecock and hoses are to be located in the vicinity of the refuse container area.
18. Any flat or unit intendecl to be let out for fee or reward is to be licensed annually with Council's
Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws
prior to such letting.
19. The swimming pools shall be licensed annually with the Council's Health Department in
accordance with the provisions of Chapter 42 of Council's By-Laws.
20. Four (4) jetties are approved for the site and an application in accordance with Council's
Policy is required to be submitted prior to the construction of the jetties. In this regard the
jetties are to comply with Council's Policy and shall not be more than 10 metres in length.
The jetties as indicated on plan 9220.SKO6 exceed 10 metres in length and are not
approved.
21. Building platforms within the subject site are to be filled to a maximum level of 2.3 m. AHD.
The maximum height of all building is to be 8 metres above this level.
22. Submission of a cash bond or trading bank guarantee to the sum of $300,000, prior
to the issue of Building Approval comprising:-
(a) $250,000 tosecure payment of water supply and sewerage headworks charges;
(b) $50,000 to secure performance of conditions;
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11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Please note that the headworks charges will alter in accordance with Price Index variations
or if any amendment is made to Council's policy.
If payment is not proposed to be made prior to the issue of Building Approval, a cash bond
or trading bank guarantee for the required amount is to be lodged, prior to the release of that
Approval. The contribution is then required to be made within fourteen (14) days of the issue
of Building Approval.
The applicant should note Council's policy on Deferred Payment of Headworks effective until
March, 1993.
The footpath across the frontage of the site is to be upgraded by the provision of a 1.2 metres
wide concrete footpath and the forming, grassing and topsoiling of the remaining area to the
satisfaction of the Shire Engineer. The footpath is to be generally located 0.9 metres from
the property alignment, though a curvilinear alignment may also be acceptable and desirable.
The developer shall bear the cost of alteration of any public utility or other facilities
necessitated by the development of the land or associated construction works external to the
site.
Connection to Council's existing sewerage reticulation systems at the developer's expense
to the standards and requirements of the Shire Engineer.
The developer shall provide a metered water connection from the water supply system to the
proposed development, in accordance with Council's standards and to the satisfaction of the
Shire Engineer
Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into the canal system to the satisfaction of the Shire Engineer. A
Building Approval shall not be granted until the Shire Engineer has approved of the drainage
scheme.
Provision of approved refuse containers in accordance with the requirements of the Refuse
Management Regulations of 1983 for the storage and collection of refuse to the satisfaction
of Council's Environmental Health Officer.
Provision of an imperviously paved and drained area to be drained to Council's sewer to
accommodate all refuse containers to the reasonable satisfaction of Council's Environmental
Health Officer. This area is to be aesthetically screened from any road frontage or adjoining
property boundary and is to be setback a distance of two (2) metres from any road frontage.
A suitable hosecock and hoses are to be located in the vicinity of the refuse container area.
Any flat or unit intendecl to be let out for fee or reward is to be licensed annually with Council's
Health Department in accordance with the provisions of Chapter 43 of Council's By-Laws
prior to such letting.
The swimming pools shall be licensed annually with the Council's Health Department in
accordance with the provisions of Chapter 42 of Council's By-Laws.
Four (4) jetties are approved for the site and an application in accordance with Council's
Policy is required to be submitted prior to the construction of the jetties. In this regard the
jetties are to comply with Council's Policy and shall not be more than 10 metres in length.
The jetties as indicated on plan 9220.SKO6 exceed 10 metres in length and are not
approved.
Building platforms within the subject site are to be filled to a maximum level of 2.3 m. AHD.
The maximum height of all building is to be 8 metres above this level.
Submission of a cash bond or trading bank guarantee to the sum of $300,000, prior
to the issue of Building Approval comprising:-
(a) $250,000 tosecure payment of water supply and sewerage headworks charges;
(b) $50,000 to secure performance of conditions;
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Page 4
The cash bond or trading bank guarantee will be returned upon payment of the required
sums and performance of the conditions of approval.
23. The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval for the purposes of litigation should the use not be conducted in
accordance with this approval.
24. The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permit or the rights conferred by that Permit are not
exercised within two (2) years of the date of issue of the Permit.
25. The Town Planning Consent Permit lapses where:-
a. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
b. the use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
26. The developer is advised that the traffic movements at Gibson Road and access to the site
are to be left-in/left-out only. Accordingly, the developer will be required to construct
intersection improvements which will restrict the traffic movements to the site to left-in/left-
out only, such improvements are to include a centre median to Gibson Road and associated
road widening. These improvements are to be constructed prior to any works commencing
on site. The intersection restrictions are to remain in place until such time as the ultimate four
lane carriageway with centre median is constructed.
With regard to the intersection improvements, plans prepared by a registered Civil Engineer
are to be submitted to and approved by the Shire Engineer, prior to the issue of Building
Approval.
(B) Advise the applicant that a Town Planning Consent Permit will be issued following the
expiry of the applicant's and objector's appeal period and no appeal is instituted.
(C) Approve GTS 2779 associated with TPC 2477 subject to the following conditions:-
1. This approval will lapse if a group titles plan has not been submitted for sealing within
a period of two years from the date of this decision.
2. The area and number of lots is to generally accord with plans 9220.SKOl.
3. Council will only sign and seal a group titles plan of subdivision following completion of
site and building works associated with TPC 2477 and in accordance with Council's
Policy on the release of group title plans
5. REFERRAL AGENCIES
Not applicable
6. ADVISORY NOTES
Not applicable.
7. PROPERTY NOTES
Not applicable
8. VARIATION APPROVAL DETAILS
Not applicable
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23.
24.
25.
26.
(B)
(C)
5.
The cash bond or trading bank guarantee will be returned upon payment of the required
sums and performance of the conditions of approval.
The provisions of this approval are to be effected, prior to the commencement of the
approved use. Council reserves the right to call upon the bond or guaranteed sum referred
to in this approval for the purposes of litigation should the use not be conducted in
accordance with this approval.
The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of the Local
Government (Planning and Environment) Act if commencement of erection or works have
not been made in accordance with that Permit or the rights conferred by that Permit are not
exercised within two (2) years of the date of issue of the Permit.
The Town Planning Consent Permit lapses where:-
a. the use or erection of a building or other structure associated with the use, has not
been commenced within four (4) years of the date of issue of the Town Planning
Consent Permit, unless application is made and approved by Council for an extension;
or
b. — the use of any premises pursuant to the Town Planning Consent Permit ceases for a
period of twelve (12) months.
The developer is advised that the traffic movements at Gibson Road and access to the site
are to be left-in/left-out only. Accordingly, the developer will be required to construct
intersection improvements which will restrict the traffic movements to the site to left-in/left-
out only, such improvements are to include a centre median to Gibson Road and associated
road widening. These improvements are to be constructed prior to any works commencing
on site. The intersection restrictions are to remain in place until such time as the ultimate four
lane carriageway with centre median is constructed.
With regard to the intersection improvements, plans prepared by a registered Civil Engineer
are to be submitted to and approved by the Shire Engineer, prior to the issue of Building
Approval.
Advise the applicant that a Town Planning Consent Permit will be issued following the
expiry of the applicant's and objector's appeal period and no appeal is instituted.
Approve GTS 2779 associated with TPC 2477 subject to the following conditions:-
1. This approval will lapse if a group titles plan has not been submitted for sealing within
a period of two years from the date of this decision.
The area and number of lots is to generally accord with plans 9220.SKOI.
Council will only sign and seal a group titles plan of subdivision following completion of
site and building works associated with TPC 2477 and in accordance with Council's
Policy on the release of group title plans
REFERRAL AGENCIES
Not applicable
6.
ADVISORY NOTES
Not applicable.
7.
PROPERTY NOTES
Not applicable
8.
VARIATION APPROVAL DETAILS
Not applicable
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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.
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,
Matt Pinese
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 17 December 1992.
• Decision Notice - Minor 51992.539.03 – 10 October 2024, with an
amendment to condition 1
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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.
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,
Matt Pinese
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
e Original Decision Notice — 17 December 1992.
e Decision Notice - Minor 51992.539.03 — 10 October 2024, with an
amendment to condition 1
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Page 6
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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PLANNING ACT 2016 & PLANNING REGULATION 2017
wd NOOSA Appeal Rights
ar
Council
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1) Schedule 1 of the Planning Act 2016 states —
(a) Matters that may be appealed to —
(i) either a tribunal or the P&E Court; or
(ii) only a tribunal; or
(iii) only the P&E Court; and
(b) The person-
(i) who may appeal a matter (the appellant); and
(ii) who is a respondent in an appeal of the matter; and
(iii) who is a co-respondent in an appeal of the matter; and
(
iv}
who may elect to be a co-respondent in an appeal of the
matter.
(2) An appellant may start an appeal within the appeal period.
(3) The appeal period is —
(a) for an appeal by a building advisory agency — 10 business
days after a decision notice for the decision is given to the
agency; or
(b) for an appeal against a deemed refusal — at any time after the
deemed refusal happens; or
(c) for an appeal against a decision of the Minister, under chapter
7, part 4, to register premises or to renew the registration of
premises — 20 business days after a notice us published under
section 269(3)(a) or (4); or
(d) for an appeal against an infrastructure charges notice — 20
business days after the infrastructure charges notice is given
to the person; or
(e) for an appeal about a deemed approval of a development
application for which a decision notice has not been given —
30 business days after the applicant gives the deemed
approval notice to the assessment manager; or
(f) for any other appeal — 20 business days after a notice of the
decision for the matter, including an enforcement notice, is
given to the person.
Note —
See the P&E Court Act for the court's power to extend the appeal
period.
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal.
(5) If an appeal is only about a referral agency's response, the
assessment manager may apply to the tribunal or P&E Court to
withdraw from the appeal.
(6) To remove any doubt. It is declared that an appeal against an
infrastructure charges notice must not be about-
(a) the adopted charge itself; or
(b) for a decision about an offset or refund-
(i) the establishment cost of trunk infrastructure identified in
aLGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government's charges resolution.
230 Notice of appeal
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that-
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal.
(2) The notice of appeal must be accompanied by the required fee.
Document Set ID: 23305196
Version: 3, Version Date: 17/10/2024
(3)
(4)
(5)
(6)
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 —
(a) the respondent for the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application under schedule
1, table 1, item 1 - each principal submitter for the
development application; and
(d) for and appeal about a change application under schedule 1,
table 1, item 2 - each principal submitter for the change
application; and
(e) each person who may elect to become a co-respondent for the
appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(f) for an appeal to the P&E Court — the chief executive; and
(g) for an appeal to a tribunal under another Act — any other
person who the registrar considers appropriate.
The service period is —
(a) if a submitter or advice agency started the appeal in the P&E
Court — 2 business days after the appeal has started; or
(b) otherwise — 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (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
appeal is given to the person.
231 Other appeals
(1)
(2)
(3)
(4)
Subject to this chapter, schedule 1 and the P&E Court Act, unless
the Supreme Court decides a decision or other matter under this
Act is affected by jurisdictional error, the decision or matter is non-
appealable.
The Judicial Review Act 1991, part 5 applies to the decision or
matter to the extent it is affected by jurisdictional error.
A person who, but for subsection (1) could have made an
application under the Judicial Review Act 1997 in relation to the
decision or matter, may apply under part 4 of that Act for a
statement of reasons in relation to the decision or matter.
In this section —
decision includes-
(a) conduct engaged in for the purpose of making a decision; and
(b) other conduct that relates to the making of a decision; and
(c) the making of a decision or failure to make a decision; and
(d) a purported decision; and
(e) adeemed refusal.
non-appealable, for a decision or matter, means the decision or
matter-
(a) is final and conclusive; and
(b) may not be challenged, appealed against, reviewed, quashed,
set aside or called into question in any other way under the
Judicial Review Act 1991 or otherwise, whether by the
Supreme Court, another court, a tribunal or another entity; and
(c) is not subject to any declaratory, injunctive or other order of
the Supreme Court, another court, a tribunal or another entity
on any ground.
232 Rules of the P&E Court
(1)
(2)
A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
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
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