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Other Change Decision Notice - Council Meeting Decision 51995 1611 04 (As Published)
Officer: Matthew Pinese
Direct Telephone: 07 5329 6245
Our Reference: 51995.1611.04
Your Reference: 002798
23 October 2025
Good Mates Property P/L TTE
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
[email protected]
Dear Russell,
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 16 October 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 51995.1611.04
Street address: 5 Opal Street, Cooroy Qld 4563
Real property description: Lot 2 on SP248165
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 5 September 1995.
• Development Permit for Material Change of Use of Premises Outdoor Sport and
Recreation, Food and Drink outlet and Medium Impact Industry (Distillery)
In relation to the request to make an Other Change to the existing approval, Council on 16
October 2025, decided to approve the requested changes. The changes are detailed below.
A. Approve the change to the approved uses so that the approved uses are now Outdoor
Sport and Recreation, Food and Drink outlet and Medium Impact Industry (Distillery)
B. Include additional conditions 28 – 70, and
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 6 years starting the day that this
development approval takes effect.
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
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 PD1A 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 carparking layout as shown on plans PD1A is approved subject to the lodging with
Council of Engineering drawings for approval by the Shire Engineer: The concrete
drainage insert shall be extended from the existing grated drainage pit to the end of the
carparks as proposed.
Frontage works will involve the widening of the roadway bitumen and any associated
drainage works considered necessary to the satisfaction of the Shire Engineer.
3. 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.
4. 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.
5. The landscaping plan is to provide for dense screen planting along the front property
boundary and landscaped areas between the boundary and bowling greens.
The landscaped plans are also to provide for mature street trees within the road
reserve.
6. 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.
7. Any advertising sign or device 1s to comply with the provisions of Council's policies on
advertising.
8. All separate, adjoining lots that form part of this application are to be amalgamated into
one undivided lot in accordance with Section 5.11 of the Local Government (Planning
and Environment) Act prior to the issue of a Building Approval.
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9. Payment of contributions in accordance with Council's Policy on Water Supply and
Sewerage Headworks. An estimate only of the charges as at May 1995 under the current
policy is as follows:-
Water Supply - $16,148.00
Sewerage $14,907.00
TOTAL: $31,055.00
Please note that the headworks charges will alter in accordance with Price Index
variations or if any amendment is made to Council's policy.
Headworks contributions shall be calculated and paid in accordance with either of the
following alternatives:-
9.1. Payment to be made prior to the issue of a Building Approval in the amount
calculated under the Policy at that date; or
9.2. Payment may be deferred to a date:-
9.2.1.prior to Council sealing plans of the development for titling purposes;
9.2.2.prior to the issue of a Certificate of Classification for any building approved
under this application; or
9.2.3.prior to commencement of the approved use at the relevant premises;
whichever is the sooner. Payment of deferred headworks contributions shall
also be subject to the following requirements:-
9.2.4.Submission of a trading bank guarantee to the value of headworks assessed
at the time prescribed by the Local Government (Planning and Environment)
Act 1990, plus 20%, prior to Building Approval;
9.2.5.Headworks shall be calculated as the value of headworks assessed at the
time prescribed by the Local Government (Planning and Environment) Act
1990, plus interest charged at the rate set by the Queensland Treasury
Corporation for Local Government borrowings as they apply to Noosa Shire.
The interest rate used shall be the rate current at the "time prescribed"
above;
9.2.6.Should the contributions not be paid at the due time, Council shall call upon
the security lodged; and
9.2.7.in the case of a building permit, if a permit expires the securities held will be
returned.
10. 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 standards and requirements of the Shire Engineer. The applicant is to contact
Council's Engineering Department to determine the footpath alignment prior to the
commencement of any works. A meandering footpath is desirable.
11. 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.
12. Connection to Council's existing water supply and sewerage reticulation systems at the
developer's expense to the standards and requirements of Council's Shire Engineer.
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13. 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.
14. Roof and surface water is to be collected on site and is to be discharged through a single
underground drain line into existing drainage in Opal Street to the satisfaction of the
Shire Engineer. A Building Approval shall not be granted until the Shire Engineer has
approved of the drainage scheme.
15. Submission of two sets of professionally drawn scale plans in compliance with Council's
Code controlling food establishments for approval by Council's Health Surveyor, for any
food premises proposed to be included in the development. Approval is to be obtained
prior to fitting out the building.
16. An annual licence is to be obtained under the Food Hygiene Regulations of 1976 from
Council's Health Department.
17. 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 Health Surveyor.
18. Provision of an imperviously paved and drained area to be drained to Council's to sewer
to accommodate all refuse containers to the reasonable satisfaction of Council's Health
Surveyor. 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.
19. Provision of separate toilet facilities for patrons, in addition to staff toilet facilities, in
accordance with Council's Policy of 16th October, 1985.
20. The storage of any machinery, materials or vehicles is to be aesthetically screened so
as not to be visible from any road to which it has frontage, to the reasonable satisfaction
of the Shire Planner.
21. Submission of a cash bond or trading bank guarantee to the sum of $10,000.00 to secure
performance of conditions, prior to the issue of Building Approval. The cash bond or
trading bank guarantee will be returned upon performance of the conditions of approval.
22. The existing bowls club building is to be demolished prior to use and occupation of the
new clubhouse.
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 to effect compliance with conditions.
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:-
25.1. 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
25.2. the use of any premises pursuant to the Town Planning Consent Permit ceases
for a period of twelve (12) months.
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26. Development undertaken in accordance with this approval (amenities building) must
generally comply with the following approved plans (unless amended by these
conditions).
Plan No. Plan/Document Name Date
18-441-1 Site Plan, drawn by T.R & S.L Roper Building Design and n/a
Drafting
18-441-2 Floor and Elevation Plan, drawn by T.R & S.L Roper Building n/a
Design and Drafting
27. Dense landscaping must be provided between the amenities building and the front
boundary at a width of 1 metre for the full length of the building. Landscaping is to be in
accordance with Council’s Planning Scheme Policy PSP03 Landscaping plants and
guidelines.
New conditions applied 16 October 2025
PLANNING WHEN CONDITIONS MUST BE COMPLIED WITH
28. 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.
APPROVED PLANS
29. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
Plan No. Rev. Plan/Document Name Date
799 100 P5 Site Plan prepared by Hiller 18/05/2025
Annotated by Council
799 101 P6 Floor Plan Overall Proposed prepared by 18/05/2025
Hiller
799 301 P2 Elevations prepared by Hiller 13/11/2024
NATURE AND EXTENT OF APPROVED USES
30. The development approval is for a Food and drink outlet and Medium impact industry
(Distillery) in the locations shown on the Approved Plans.
31. The approved Food and drink outlet (450m2) is to consist of the following elements as
shown on approved plans, and these elements must not exceed the following areas:
a. Clubhouse and Dining Area (207m2)
b. Outdoor Dining Area (87m2)
c. Bowler Refreshment Area (118m2)
d. Kid Playground (38m2)
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32. The approved Medium Impact Industry (Distillery) is restricted to the area shown on
approved plans, and this area must not exceed 28m2.
33. The approved uses must be conducted entirely within the locations identified on the
Approved Plans and vehicle parking, loading and unloading of vehicles must occur
within the driveway, parking areas and associated maneuvering areas in accordance
with the Approved Plans.
34. All stored equipment, goods manufactured, or materials used in association with the
approved Medium Impact Industry (Distillery) must be located within the area shown on
approved plans.
35. Any storage of flammable and/or combustible liquids must comply with the minor storage
provisions of AS 1940 - The Storage and Handling of Flammable and Combustible
Liquids.
36. The Food and Drink Outlet and Medium Impact Industry (Distillery) uses must only
operate while the Outdoor Sport and Recreation use is actively operating on the
premises. If the Outdoor Sport and Recreation use ceases for a continuous period of
more than 3 months, the Food and Drink Outlet and Medium Impact Industry (Distillery)
uses must also cease unless otherwise approved by the assessment manager.
HOURS OF OPERATION
37. The approved Food and drink outlet and Medium impact industry uses on the premises
must not operate outside the hours of:
a. 7am to 9pm Monday to Thursday
b. 7am to 11pm Friday and Saturday
c. 7am to 9pm Sunday and public holidays
38. The use of the bowling green is only permitted during daytime hours and evening hours
between 7am to 9pm.
39. The use of the playground is only permitted during daytime hours and evening hours
between 10am to 9pm.
40. All patrons must have vacated the premises by 30 minutes after the times detailed within
condition 37.
41. Closing duties near the eastern boundary must cease by 9pm.
42. Waste Collection and Service vehicle movements (including loading and unloading)
within on-street car parking areas associated with the approved Food and Drink Outlet
and Medium Impact Industry (Distillery) must not occur outside the hours of 7am to 6pm.
ACOUSTIC AMENITY
43. The operation of the approved uses must be in accordance with the approved noise
report Noise Impact Assessment Your Mates Bowls Pub, referenced #1859d1-B
prepared by Live It Acoustics and dated 6 March 2025 unless further modified by
conditions of this approval.
44. Amplified music must cease to operate in outdoor spaces by 7:00pm seven days per
week.
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45. Noise emissions from the approved uses must not exceed:
a. LAeq,1hr 42 dB(A) at any noise sensitive receptor during the day and evening
period (7:00am to 10:00pm); and
b. LAeq,1hr 37 dB(A) and LAmax 50 dB(A) at any noise sensitive receptor during the
night period (10:00pm to 7:00am),
When measured in accordance with the Environmental Protection (Noise) Policy 2019
and as recommended by the in the approved noise report ‘Noise Impact Assessment
Your Mates Bowls Pub’, referenced #1859d1-B prepared by Live It Acoustics and dated
6 March 2025.
46. During any period of amplified entertainment, the responsible person (as identified in the
venue’s Risk Assessed Management Plan) must undertake hourly monitoring using a
calibrated sound level meter or an approved sound limiter with data logging capabilities.
This monitoring must verify compliance with Condition 45 of this Decision Notice.
47. Prior to the commencement of use, submit to Council for approval a Noise Management
Plan which documents the noise control measures and restrictions to inform the
operators/staff of noise compliance requirements.
48. Where complaints (other than frivolous or vexatious complaints) are made to Council
about noise from the approved use, Council may require the proprietor to:
a. submit an amended Noise Impact Assessment prepared by a suitably qualified,
and/or
b. undertake further noise amelioration measures or operations, install volume
limiting devices or barriers and/or shield or relocate mechanical plant and
equipment and have such measures certified by a suitably qualified person.
49. Within 3 months of the commencement of the use, provide certification from a suitably
qualified person that the use is operating in accordance with the approved Noise Impact
Assessment Your Mates Bowls Pub, referenced #1859d1-B prepared by Live It
Acoustics and dated 6 March 2025.
50. The approved Food and Drink Outlet and Medium Impact Industry (Distillery) must
always comply with the approved Noise Level Impact Assessment and Noise
Management Plan unless further modified by these conditions.
AMENITY
51. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
52. External storage of operational items (including stackable tables and chairs, portable
cooking equipment and event furniture) is permitted only within the “No Access Area”
zones shown on the Approved Plans, provided that:
a. storage is not visible from public streets or adjoining properties and is screened
by existing buildings, fencing or landscaping;
b. items are kept tidy and weather-protected;
c. storage does not obstruct required car parking spaces, pedestrian paths, or fire
egress; and
d. no storage occurs in designated Outdoor Dining, Bowler Refreshment Area or
Playground areas.
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53. Patron access to the area identified as the ‘No Access Area’ on the approved plans is
prohibited at all times. This area is to be used exclusively for operational purposes by
staff, specifically for the receival and storage of goods. Appropriate signage must be
installed to clearly identify the area as restricted to staff only, and physical measures
(e.g. fencing, gates, or barriers) must be maintained to prevent unauthorised access by
patrons.
OPERATIONAL MANAGEMENT PLAN
54. The approved Food and Drink Outlet and Medium Impact Industry (Distillery) must
comply with the approved Operational Management Plan unless further modified by
conditions of this approval.
55. The Operational Management Plan must be reviewed and updated every three years
from the date of this approval.
a. The review must:
i. assess the effectiveness of the current Operational Management Plan in
achieving its objectives.
ii. consider any changes in operational practices, regulatory requirements, and
environmental conditions.
b. The updated Operational Management Plan must be submitted to the relevant
planning authority for approval within 30 days of the review completion.
c. The submission must include a summary of the review process, key findings, and
any proposed changes to the Operational Management Plan.
d. The updated Operational Management Plan must be implemented within 30 days
of approval by Council.
56. Where complaints (other than frivolous or vexatious complaints) are made to council
about noise from the approved use, council may require the Operational Management
Plan to be updated.
57. An amended complaints management procedure for the site must be prepared and
submitted to Council prior to the commencement of use. The complaints management
procedure must include the following:
a. a contact person with whom complaints can be lodged,
b. a clearly defined procedure for responding to, investigating and resolving
complaints, and
c. a notification protocol to all complainants of the outcome of complaint
investigations.
A record of all complaints and investigation results including corrective actions must be
maintained and made available for inspection at any time upon request by Council.
58. The responsible person (as defined in the venue’s Risk Assessed Management Plan)
must be on site whenever the approved Food and Drink Outlet and Medium Impact
Industry are operating and must be responsible for ensuring compliance with the
conditions of this approval.
MECHANICAL PLANT
59. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided with
noise reduction measures and located as to prevent a noise nuisance beyond the
boundary of the site and not exceed the levels specified in condition 45.
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60. A detailed assessment of all existing and proposed mechanical plant, equipment and
other service infrastructure located on the site must be carried out in accordance with
the criteria detailed in condition 45.
Evidence of compliance with this condition must be provided to Council prior to the
commencement of use, and the mechanical plant must be maintained in accordance
with the approved acoustic treatment for the life of the development.
61. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any non-
vexatious complaint caused by noise emissions from operations at the premises. Such
monitoring must be undertaken and completed within a reasonable and practicable
timeframe as nominated by council and be performed by a suitably qualified and
experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring and
recommendations for any measures to achieve compliance with limits outlined in Table
1 of this Decision Notice.
62. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g.
mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc), a suitably qualified person is either:
a. Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience in the
field of acoustics.
63. Any future mechanical plant should be selected to ensure compliance with the
established noise criteria in Section 3 of the approved Noise Impact Assessment Your
Mates Bowls Pub, referenced #1859d1-B prepared by Live It Acoustics and dated 6
March 2025.
EASEMENTS
64. Where the development site has frontage to Diamond Lane, the applicant must dedicate
a 2 metre wide easement along the full length of this laneway frontage for the purpose
of future laneway widening and upgrading. The easement must be provided prior to the
issue of the building approval and be registered in favour of the relevant local
government authority.
65. The terms of the easement must allow for the use of the easement by the public whether
in vehicles, cycles or on foot.
66. 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.
67. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
68. 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.
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CAR PARKING
69. Car parking areas must be kept available, maintained and accessible for use by patrons
and staff of the approved use at all times.
WASTE MANAGEMENT
70. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management and the Noosa Plan’s Waste Management Code,
including an external imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
#1859d1-B B Noise Impact Assessment Your Mates Bowls Pub 6/03/2025
- - Operational Management Plan (OMP) -
- - Risk Assessed Management Plan July 2023
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
Infrastructure Charges
1. This Change to an Existing Approval dated 16 October 2025 will trigger an
“Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges
Resolution”.
Advertising Devices
2. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All
freestanding, pylon or pole signs or signage that is illuminated requires approval from
Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
Local Law No. 1 is prohibited from being erected in the Shire.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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11. SUBMISSIONS
There were 12 properly made submissions about the application. In accordance with the
Planning Act 2016, the name, address and electronic address of the principal submitter for
each properly made submission is provided and attached.
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.
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,
Patrick Murphy
Manager, Development Assessment
Development & Regulation
Enc: List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 5 September 1995.
• Decision Notice – Minor – 51995.1611.02 – 3 July 2008 – add a smoking area.
• Decision Notice - Minor – 51995.1611.03 – 1 June 2018 – include new conditions 26 & 27.
• Decision Notice – Other Change – 51995.1611.04 – 16 October 2025, include additional conditions 28 – 70.
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List of Submitters
PLANNING ACT 2016 & PLANNING REGULATION 2017
Name Email Address
Wayne Simmiss [email protected] 4/11 Opal Street
COOROY 4563
Kathie Ainscow [email protected] 11 Opal Street COOROY
4563
James Kennedy & Stacey [email protected] 1/11 Opal Street
Ham COODORY 4563
Bernd Behrens [email protected] 2/11 Opal Street
COOROY 4563
Michael Loe [email protected] 10 Oak Street COOROY
4563
Justin Beneke [email protected] 5 Leafhaven Lane
TEWANTIN 4565
Lyn Johnston [email protected] 1/7 Burrell Avenue
EUMUNDI 4562
Carol Hamilton [email protected] 21 Sunrise Road
EUMUNDI 4562
Eileen Reese [email protected] 499 Eumundi Kenilworth
Road EERWAH VALE
4562
Anthony Dein [email protected] 23 Scotts Road POMONA
4568
Kay MacKellar [email protected]
Rowland Hassall [email protected] 109 Maple Street
COOROY 4563
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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
appeal, other than an eligible submitter who is not a principal
(i) who may appeal a matter (the appellant); and
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 (5) A notice of appeal given to a person who may elect to be a co-
agency; or respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the (6) A person elects to be a co-respondent by filing a notice of election,
deemed refusal happens; or 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 231 Other appeals
premises – 20 business days after a notice us published under
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
section 269(3)(a) or (4); or
the Supreme Court decides a decision or other matter under this
(d) for an appeal against an infrastructure charges notice – 20 Act is affected by jurisdictional error, the decision or matter is non-
business days after the infrastructure charges notice is given appealable.
to the person; or
(2) The Judicial Review Act 1991, part 5 applies to the decision or
(e) for an appeal about a deemed approval of a development matter to the extent it is affected by jurisdictional error.
application for which a decision notice has not been given –
(3) A person who, but for subsection (1) could have made an
30 business days after the applicant gives the deemed
application under the Judicial Review Act 1991 in relation to the
approval notice to the assessment manager; or
decision or matter, may apply under part 4 of that Act for a
(f) for any other appeal – 20 business days after a notice of the statement of reasons in relation to the decision or matter.
decision for the matter, including an enforcement notice, is
(4) In this section –
given to the person.
decision includes-
Note –
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 (c) the making of a decision or failure to make a decision; and
in the appeal.
(d) a purported decision; and
(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 (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
Judicial Review Act 1991 or otherwise, whether by the
(i) the establishment cost of trunk infrastructure identified in Supreme Court, another court, a tribunal or another entity; and
a LGIP; or
(c) is not subject to any declaratory, injunctive or other order of
(ii) the cost of infrastructure decided using the method the Supreme Court, another court, a tribunal or another entity
included in the local government’s charges resolution. 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 (1) A person who is appealing to the P&E Court must comply with the
tribunal or P&E Court, a notice of appeal that- rules of the court that apply to the appeal.
(a) is in the approved form; and
(2) However, the P&E Court may hear and decide an appeal even if
(b) succinctly states the grounds of the appeal. 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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