Council archive · source document
Negotiated Decision Notice DBW25 0051 & OPW25 0054 · OPW25/0054
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: DBW25/0051
OPW25/0054
RAP25/0026
Your Reference: 0749
29 August 2025
Mr A Coulthard
C/- Pivotal Perspective Pty Ltd
3/93 Hilton Tce
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
29 August 2025, Council decided your representations. This negotiated decision notice replaces
the decision notice of 3 July 2025.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: DBW25/0051 & OPW25/0054
Street address: 12 Landrail St Peregian Beach Qld 4573
Real property description: Lot 903 P 93121
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council on 3 July 2025, decided to issue the following type of approval:
• Building Work Assessable Against the Planning Scheme - Dwelling House
• Development Permit for Operational Works – Vehicle Crossovers
In relation to representations, Council on 29 August 2025 decided to:
Agree to amend condition 3 of DBW25/0051.
Include additional Conditions 28 and 29 for DBW25/0051
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
DEVELOPMENT PERMIT FOR BUILDING WORK ASSESSABLE AGAINST THE
PLANNING SCHEME - DWELLING HOUSE (DBW25/0051)
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the works have not substantially started by 3 July 2027,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
4/15 A Floor Plan – Ground, prepared by Reitsma 29/07/2025
Annotated by Council
5/15 A Floor Plan – First, prepared by Reitsma 29/07/2025
6/15 A Roof Plan, prepared by Reitsma 29/07/2025
11/15 A Elevations 1+2, prepared by Reitsma 29/07/2025
12/15 A Elevations 3+4, prepared by Reitsma 29/07/2025
Annotated by Council
Building Height
4. The maximum height of the development must not exceed 8.0 metres above the ground
level.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
External Colours & Finishes
6. External colours and finishes must be of muted environmental tones that blend with the
surrounding vegetation and landscape, with broad expanses of a single colour or reflective
surfaces not permitted.
Car Parking
7. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Environment
8. 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
9. A minimum of 20% of the site must be retained as soft landscaping.
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Site Access and Driveways
10. A sealed access driveway must be provided from Landrail Street to the parking and
manoeuvring areas of the development. The works must be generally in accordance with the
approved plan.
11. The proposed access driveway to Oriole Avenue must be construction in accordance with
an Operational Works approval and be generally in accordance with the approved plan and
Council’s Standard drawings RS-049 and RS-050 and any associated addendum.
Stormwater Drainage
12. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge.
Condition 12 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Earthworks
13. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
14. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
Damage to Services and Assets
15. 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.
DEMOLITION WORKS - CODES OF DEVELOPMENT
16. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
17. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
18. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
19. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
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20. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work. Health and
Safety
21. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
22. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
23. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
24. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
General
25. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
26. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
27. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
28. Landscape screening is to be included along the northern side boundary as shown on Plan
no. 4/15 Floor Plan – Ground, prepared by Reitsma dated 29 July 2025 to soften and screen
the presentation of the “outdoor dining” area and dwelling. The northern landscape bed is to
be a minimum of 0.5 metre wide and 4.0 metres long to allow for screening planting. This
area and the planter to the west of the outdoor dining space is to include Syzygium australe
and Callistemon viminalis 'slim'.
The landscaped area adjacent to the Oriole Avenue frontage is to include Banksia integrifolia.
Screening planting is to be sufficient to enable visual screening of the Outdoor Dining room
when viewed from the street. The plants are to be maintained for the life of the use at the
site.
29. As shown on approved Plan no 12/15 - Elevations 3+4, prepared by Reitsma dated 29 July
2025 the height of the “outdoor dining” gazebo and supporting posts and joists must be
reduced in height by 0.5 metre to a maximum of RL9.5.
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DEVELOPMENT PERMIT FOR OPERATIONAL WORKS – VEHICLE CROSSOVERS
(OPW25/0054)
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.
Plan No. Rev. Plan/Document Name Date
4868 Sheet 2/14 A Site Plan Proposed prepared by Reitsma 19 May 2025
(Annotated by Council)
Currency Period
2. The Currency Period for this development approval lapses if the development has not
substantially started by 3 July 2027, unless an application to extend the currency period is
approved by Council.
Site Specific Conditions
3. The driveway in the Landrail Street frontage must be setback a minimum of 6 metres from
the end of the existing kerb at the intersection of Landrail Street with Oriole Avenue.
4. The works must include kerb and channel in Landrail Street extending between the proposed
driveway and the existing kerb and channel at the intersection with Oriole Avenue.
5. A site control and/or compliance bond of $2000 is to be submitted to Council prior to the pre-
start meeting. The pre-start meeting will only be held once Council's Construction
Engineering Officer has confirmation that the bond monies have been received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
6. All necessary approvals from external service providers (eg Unitywater) and external parties
on which the development works are proposed have been obtained and a copy supplied to
Council.
7. A condition report including photographs of the frontages of the site to Landrail Street and
Oriole Avenue must be completed and submitted to Council at the prestart meeting / prior to
any works commencing.
8. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
9. 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. Erosion and sediment control works;
c. Other relevant parties
10. A Construction Management Plan must be submitted to Council at least 5 working days prior
to any works commencing. The Construction Management Plan must address the following:
a. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
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b. provision for safe pedestrian and vehicle access across the frontage of the site both
during daily construction and after daily construction has ceased.
11. Any changes to the details associated with the Principal Contractor during construction, must
be notified to council in writing within five business days of the change occurring.
12. 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
Engineering
13. 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.
14. 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. All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines
c. 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
Pavement Design and Construction
15. 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.
Works within Road Reserve/Reinstatement
16. Safe pedestrian and vehicle 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.
17. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
18. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Driveways
19. Driveway crossovers must be constructed generally in accordance with Council’s Standard
Drawings RS-049 and RS-050 and any associated addendum.
20. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
21. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway surfacing must consist of either an approved hot mixed asphaltic
concrete or patterned/plain concrete.
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b. The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties or pond stormwater in the road reserve
Erosion and Sediment Control
22. 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.
23. 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. It is the site's Principal Contractor who is
responsible for ensuring that the sediment and erosion control measures have:
a. Been installed in accordance with "best practise" methods,
b. Been revised by 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.
24. The erosion and sediment control measures must be designed, installed and maintained in
accordance the current best practice standards * (Refer to Advisory Note).
25. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
26. 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.
27. Prior to the completion of the development and commencement 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. 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.
Damage to Services and Assets
28. 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.
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FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
Bonds
29. Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be calculated using a schedule of works and relevant bond equation.
c. Include GST
d. have approval of the bond calculations and amount from Council prior to lodgement
e. be lodged with Council and accompanied by the Bond Administration Fee/s.
f. be requested for release by writing to Council, when relevant approval requirements
have been met.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. 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.
Performance Bond
3. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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Submission of Amended Plans Required
4. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. DBW25/0051, OPW25/0054, RAP25/0026. To avoid delays
and assessment issues with the Operational Works application, it is recommended the plan/s
be resubmitted prior to lodgement of any Operational Works application. However, should
the plans not be submitted, the applicant is advised that a Preliminary Approval may be
issued in lieu of a Development Permit.
Building and Construction Industry (Portable Long Service Leave) Levy
5. 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.
Private Infrastructure
6. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
Road Reserve Permit
7. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
8. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls
General Advisory Notes
9. 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 RS-056 (a copy is attached).
10. 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.
11. 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
12. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days notice of preferred inspection time.
13. 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.
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Environmental Advisory Notes
14. 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.
Erosion and Sediment Control
15. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
16. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the final 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
b. 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.
Road Reserve Permit
17. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] in Urban Areas
18. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
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.
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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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
Notice about Decision - Statement of Reasons
DECISION NOTICE HISTORY
• Original Decision Notice – 3 July 2025.
• Negotiated Decision Notice – 29 August 2025 with an amendment to conditions 3 and additional conditions 28 & 29.
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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.
Page 12 of 12
Document Set ID: 24087418
Version: 4, Version Date: 29/08/2025
Used in these records
Negotiated Decision Notice DBW25 0051 & OPW25 0054.pdfRelated documentApplication case desk ↗
Negotiated Decision Notice DBW25 0051.pdfRelated documentApplication case desk ↗
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