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Minor Change Existing Approval 132000 200173.1
Officer: Samuel Osakwe
Direct Telephone: 07 53296316
Our Reference: 132000.200173.1
Your Reference: 20220681
2 July 2024
Mr CRE Kelly
C/- Adapt Development Management P/L
Level 1/103 Sippy Downs Dr
SIPPY DOWNS QLD 4556
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 22 March 2023, 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: 132000.200173.1
Street address: 2 Arakoon Cres Sunshine Beach Qld 4567
Real property description: Lot 783 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 7 June 2000 – DA 19449
• Development Permit for Material Change of Use of Premises – Extensions to a dwelling
house in a Sand Dune Problem Area
In relation to the request to make a minor change to the existing approval, Council on 26 June
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Include the following additional conditions.
C. Include reference documents.
D. Include Advisory Notes.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
Building
1. Approval is to comply with relaxations granted 2nd May 2000 under 06387 (variation of
standard siting requirements).
Land Development
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans comprise those drawn by Peter R
Dowling & Associates and dated March 2000 and as may be amended by these conditions.
3. The development must be undertaken and operate din a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance, or other emissions.
4. Existing trees on the site and within road reserves are to be retained, except where required
to be removed due to building operation or the conduct of the approved use.
5. This Development Permit for a materials change of use of premises lapses if:-
5.1 The use or erection of a building or other structure associated with the use, has not
been commenced with four (4) years of the date of issue of the Development Permit,
unless application is made and approved by Council for an extension; or
5.2 The use of any premises pursuant to to the Development Permit ceases.
6. Prior to the commencement of the development, the following Development Permits must be
obtained:-
6.1 Development Permit for building works;
The developer must obtain all of the other Development Permits referred to the above, prior
to obtaining a Development Permit for building works, unless the Council agrees otherwise.
7. The proposal is to comply with the requirements of the Beach Protection Authority.
Additional Conditions – 26 June 2024
Approved Plans
8. 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
WD.105 DA2 Site Setout Plan prepared by Aboda Design Group 13.10.23
(Annotated by Council)
WD.201 DA2 Lower Level Plan prepared by Aboda Design 13.10.23
Group
WD.202 DA2 Main Level Plan prepared by Aboda Design Group 13.10.23
WD.203 DA2 Upper Level Plan prepared by Aboda Design 13.10.23
Group
WD.501 DA2 North Elevation prepared by Aboda Design Group 13.10.23
WD.502 DA2 South Elevation prepared by Aboda Design Group 13.10.23
WD.503 DA2 West Elevation prepared by Aboda Design Group 13.10.23
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WD.504 DA2 East Elevation prepared by Aboda Design Group 13.10.23
WD.601 DA2 Sections (A+B) prepared by Aboda Design Group 13.10.23
WD.602 DA2 Sections (C+D) prepared by Aboda Design Group 13.10.23
WD.603 DA2 Sections (E+F) prepared by Aboda Design Group 13.10.23
WD.604 DA2 Sections (G) prepared by Aboda Design Group 13.10.23
D.RFI 06 - Tree 14 – Front Fence prepared by Aboda Design 28.10.22
Group
Building Height
9. The maximum height of the development must not exceed 8 metres above the ground level.
Environment
10. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
11. A minimum of 20% of the site must be retained as soft landscaping.
12. Existing trees on the site must be retained, except where required to be removed to
accommodate the approved dwelling.
13. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
14. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared
d. using low impact construction techniques around vegetation.
15. All landscape works must be established and maintained in accordance with the approved
design 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.
Retention of Existing Trees and Vegetation
16. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
17. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Oversee fence installation adjacent tree 14 on approved plan D.RFI 06 dated
5/10/2023, titled Tree14- Front Fence.
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*(Refer to Advisory Note)
Fauna Management
18. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
19. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Legal disposal of all removed vegetation and debris.
*(Refer to Advisory Note)
Site Access and Driveways
20. A sealed access driveway must be provided from The Esplande to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval, be generally in accordance with Westera Partners’
Stormwater Management Plan (S22-174-SW01) and Stormwater Typical Details (S22-174-
SW02) dated January 2023, and must be site to:
a. Minimise impacts on Council’s road reserve (i.e., earthworks, vegetation removal); and
b. Maximise separation from the Arakoon-Esplande intersection.
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 Westera Partners’
Stormwater Management Plan (S22-174-SW01) and Stormwater Typical Details (S22-174-
SW02) dated January 2023 and endorsed through the building permit.
22. Stormwater runoff disposed of on-site must be done so without causing scour or damage to
the subject site or any adjoining property.
Easements
23. 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.
24. 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.
25. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
26. All works must be carried out in accordance with the recommendations contained in
Tectonic’s Geotechnical Investigation (22484-001-Rev0) dated 24 February 2023.
The report must be revised to address recommendations for the Coastal Hazard Assessment
by Haskoning Australia Pty Ltd dated 15 March 2024 to ensure the proposal will not be
impacted upon by Coastal Hazard.
27. A footing system and erosion protection system must be designed for the proposed
development to withstand the short-term erosion associated with a 500-year average
recurrence interval storm event combined with shoreline recession due to sea-level rise for
2100 climate change.
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a. The short-term erosion associated with a 500-year average recurrence interval storm
event combined with shoreline recession due to sea-level rise for 2100 climate change
to be considered for the design as per the recommendations of the Royal Haskoing
DHV report Coastal Hazards Assessment by Royal Haskoning DHV dated 13 February
2023.
b. The footing system and erosion protection system must in accordance with the works
detailed in the Tectonic report Geotechnical Investigation dated 24 February 2023 and
other supporting documents referenced in the Tectonic report.
c. The design must include the protection of the northern and southern boundaries of the
site to prevent erosion on neighbouring properties exposing the side boundaries of the
site to erosion.
d. The design must be accompanied by certification by a Registered Professional
Engineer of Queensland (RPEQ) specialising in geotechnical engineering that the
design is satisfactory and will provide a long-term factor of safety concerning slope
stability of no less than 1.5.
28. Following construction, certification must be supplied to Council by an RPEQ specialising in
geotechnical engineering that the works have been constructed in accordance with the
approved design.
29. A dilapidation survey shall be carried out of all adjacent properties and structures before the
commencement of construction of the proposed development on the site.
30. Due to the risk of instability on the existing dune slope and the potential for settlement of
loose sand on the adjacent properties, vibrations must be kept to a minimum and must be
monitored during the construction of the development. Driven piles (both sheet piles and pile
footings) are not permitted on the site.
31. Landscaping at the rear of the property and the crest of the existing dune slope shall be
limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is
carried out to demonstrate that higher loads are acceptable.
32. Under no circumstances shall building materials be temporarily stockpiled in the area of the
crest of the existing dune slope or on the slope.
33. Discharge of concentrated stormwater flows onto the dune slope must be avoided, and under
no circumstances will subsurface disposal of water be permitted using infiltration pits.
34. Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected
and directed by pipes into the Council stormwater system along Seaview Terrace.
35. The existing dune slope and any areas disturbed by the construction of the proposed
development shall be revegetated as soon as possible to reduce the potential for erosion.
Earthworks and Retaining Walls
36. All earthworks must be carried out in accordance with the letter by Westera Partners dated
31 Oct 2023 and accompanying plans.
37. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission form 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.
38. 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.
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Damage to Services and Assets
39. 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.
Coastal Protection
40. Any rear fencing adjacent to the beachfront must not exceed 1.2 metres in height, be of open
construction, constructed of light weight materials (e.g. timber) and be dark in colour to blend
with the natural landscape.
41. Gates must not be installed along the eastern property boundary to gain direct access to the
beachfront.
42. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
5. REFERENCE DOCUMENTS
Document/Plan Rev. Document Name Date
No.
PA3303 S0/P01.01 Coastal Hazard Assessment 15 March 2024
prepared by Haskoning Australia Pty
Ltd
2248-001 0 Geotechnical Investigation prepared 24 February 2023
by Tectonic Geotechnical &
Environmental Engineers
SS22-003 1 Stormwater Management Report 30 October 2023
prepared by Westera Partners
S22-174-SW01 - Stormwater Management Plan January 2023
prepared by Westera Partners
S22-174-SW02 - Stormwater Typical Details prepared January 2023
by Westera Partners
- 2 Arboricultural Impact Assessment, 22/02/2023
prepared by, Consult Arborist
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6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 9, Part 3, The agency provided its
at DILGP Via MyDAS2 Division 1, Table 1 – response on 19
at https://prod2.dev- premises seaward of January 2024
assess.qld.gov.au/suite coastal building line. (Reference No. 2312-
/ (for assistance, 38102 SRA). A copy of
contact DILGP at 5352 the response is
9701 or attached
email:[email protected]
7. 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.
Infrastructure Charges
2. 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.
Building and Construction Industry (Portable Long Service Leave) Levy
3. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
4. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
5. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
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d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Qualified Person
6. Qualified Person, for the purpose of:
a. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
b. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
7. 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.
8. PROPERTY NOTES
Not applicable
9. VARIATION APPROVAL DETAILS
Not applicable
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable
12. 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.
13. 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,
Samuel Osakwe
Development Planner
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Enc: Referral Agency Response
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
cc. [email protected]
DECISION NOTICE HISTORY
• Original Decision Notice – 7 June 2000.
• Decision Notice - Minor 132000.200173.1 – 24 June 2024,
additional conditions 8-42, include reference documents, include
Advisory Notes.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Page 11 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 [OCR of page images] 2312-38102 SRA Premises seaward of coastal building line SARA reference: 2312-38102 SRA Assessment manager: Core Building Certification Street address: 2 Arakoon Crescent, Sunshine Beach Real property description: Lot 783 on RP48111 Applicant name: Christopher Kelly Applicant contact details: c/- Adapt Planning and Development PO Box 7618 Sippy Downs QLD 4556 [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Matthew Holznagel, Principal Planning Officer, on 3452 7546 or via email SEQNorthSARA@¢sdilgp.qid.gov.au who will be pleased to assist. Yours sincerely Garth Nolan Manager (Planning) cc (Christopher Kelly, c/-Adapt Town Planning and Development Management [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced in conditions State Assessment and Referral Agency Page 2 of 7 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 Page 11 of 20
Page 12
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2312-38102 SRA
Attachment 1—Referral agency conditions
{Under section 56[1)(D)()) of the Planning Act 2076 the following conditions must be atlached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. | Conditions | Condition timing
Building work for alterations to a dwelling house, construction of swimming pool and fence
Schedule 9, Part 3, Division 1, Table 1 — Premises seaward of coastal building line—The chief
executive administering the Planning Act 2016 nominates the Director-General of the Department of
Environment, Science and Innovation to be the enforcement authority for the development to which
this development approval relates for the administration and enforcement of any matter relating to the
following condition(s):
1. The building works must be carried out generally in accordance with | Prior to the issue of the
the following plans: Certificate of
(a) Stormwater Management Plan prepared by Westera Partners ification’ Final
dated 01/2023, reference S22-174-SW01. Classification! Final
(b) Stormwater Typical Details prepared by Westera Partners Inspection Certificate
dated 01/2023, reference S22-174-SWO02. or prior to the
(c) Lower Level Plan prepared by Aboda Design Group dated commencement of use,
13/10/2023, reference WD.201, revision DA2. whichever comes first,
(d) Main Level Plan prepared by Aboda Design Group dated and to be maintained at
13/10/2023, reference WD.202, revision DA2. all times.
(e) Upper Level Plan prepared by Aboda Design Group dated
13/10/2023, reference WD.203, revision DA2.
2. For the building work, only use clean materials which are free from For the duration of the
prescribed water contaminants. works.
3. Development must prevent the release of sediment to tidal waters by | For the duration of the
installing and maintaining erosion and sediment control measures in | works.
accordance with the Best Practice Erosion and Sediment Control
(BPESC) guidelines for Australia (International Erosion Control
Association).
4. Submit “As Constructed drawings” to [email protected] or mail —_| Within 20 business
to: days of the completion
Department of Environment, Science and Innovation of the works.
Permit and Licence Management
GPO Box 2454
Brisbane Qid 4001
5. (a) In the event that the works cause disturbance or oxidisation of | (a) Upon disturbance
acid sulfate soil, the affected soil must be treated and thereafter | or oxidisation until the
managed (until the affected soil has been neutralised or affected soil has been
contained) in accordance with the current Queensiand Acid neutralised or
Sulfate Soil Technical Manual: Soil management guidelines, contained
prepared by the Department of Science, Information
Technology, Innovation and the Arts, 2014.
(b) Submit certification from an appropriately qualified person on _| (b) At the time soils
acid sulfate soil, confirming that the affected soil has been have been neutralised
neutralised or contained in accordance with (a) above to or contained
[email protected] or mail to:
Department of Environment, Science and Innovation
Permit and Licence Management
GPO Box 2454
Brisbane Qid 4001.
Note: Appropriately qualified person(s) means a person or persons
‘State Assessment and Referral Agency Page 3 of 7
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Page 13 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 [OCR of page images] 2312-38102 SRA who has professional qualifications, training, skills and experience relevant to soil chemistry or acid sulfate soil management and can give authoritative assessment, advice and analysis in relation to acid sulfate soil management using the relevant protocols, standards, methods or literature. State Assessment and Referral Agency Page 4 of 7 Page 13 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024
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Page 14 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 [OCR of page images] 2312-38102 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains undefined it has its ordinary meaning. Stale Assessment and Referral Agency Page 5 of 7 Page 14 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024
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Page 15 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 [OCR of page images] 2312-38102 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA's decision are: * The proposed development is for alterations and additions to a detached dwelling house located at 2 Arakoon Crescent, Sunshine Beach. « The subject site is located within the mapped erosion prone area and a coastal building line exists on the property. The development involves building works seaward of the coastal building line and triggers referral assessment under schedule 9, part 3, division 2, table 1 of the Planning Regulation 2017. * SARA has assessed the development application against the State development assessment provisions, State code 8: Coastal development and tidal works. SARA has determined the development can comply with State code 8, subject to conditions. Material used in the assessment of the application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.0), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intensonaby blank) Stale Assessment and Referral Agency Page 6 of 7 Page 15 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024
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Page 16 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024 [OCR of page images] 2312-38102 SRA Attachment 5—Documents referenced in conditions (page left intensonally blank) State Assessment and Referral Agency Page 7 of 7 Page 16 of 20 Document Set ID: 23086532 Version: 3, Version Date: 02/07/2024
Page 17
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 23086532
Version: 3, Version Date: 02/07/2024