Negotiated Decision Notice OPW18 0293 · OPW18/0293

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW18/0293 : JELDER
Your Reference:	16004
13 September 2019
Noosaville Medical & Professional Centre Pty Ltd
C/- Adamson Town Planning Property P/L TTE
PO Box 78
PEREGIAN BEACH  QLD  4573
[email protected]
Dear Sir
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On 12 September 2019, Council decided your representations. This negotiated decision notice replaces the decision notice approved on 26 June 2019.
Details of the negotiated decision are as follows:
APPLICATION details
Application No:	OPW18/0293OPW18/0293
Street address:	88A Goodchap Street, Noosaville Qld 4566
Real property description:	Part Lot 3 SP 264909
Planning Scheme:	The Noosa Plan (8 June 2018)
decision details
Council on 26 June 2019, decided to issue the following type of approval:
Preliminary Approval for Operational Work - Stormwater, Carparking, Drainage & Treatment
In relation to representations, Council on 12 September 2019 decided to issue a:
Development Permit for Operational Work - Stormwater, Carparking, Drainage & Treatment
currency period of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
APPROVED PLANS
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
17548-C101	E	Cover Sheet and Drawing Index, prepared by TOD Engineers and Project Managers	14/08/2019
17548-C102	C	General Notes, prepared by TOD Engineers and Project Managers as amended by conditions	14/08/2019
17548-C103	D	Existing Features And Demolition Plan, prepared by TOD Engineers and Project Managers	14/08/2019
17548-C104	E	General Arrangement Plan. prepared by TOD Engineers and Project Managers	14/08/2019
17548-C105	E	Earthworks, prepared by TOD Engineers and Project Managers	14/08/2019
17548-C106	D	Sections, prepared by TOD Engineers and Project Managers	14/08/2019
17548-C107	D	Basin Details, prepared by TOD Engineers and Project Managers	14/08/2019
CURRENCY PERIOD
The Currency Period for this development approval lapses if the development has not substantially started by 13 September 2021 unless an application to extend the currency period is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
Prior to requesting a prestart meeting and the commencement of works associated with this development permit, Council requires the provision of a bank guarantee, or a cash bond, of $5,000. The prestart meeting will only be held once Council's Construction Engineering Officer has confirmation that the bond monies have been received by Council.
Any 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.
A condition report including photographs of the frontage of the site must be completed and submitted to council at the prestart meeting and prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council prior to the prestart meeting.
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 6245. The prestart meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Vegetation protection;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to the prestart meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures within the road reserve and within the internal driveways and parking areas within the site and affected adjoin sites.
Maintenance of safe pedestrian access across the frontage of the work site/s both during daily construction and after daily construction has ceased.
Proposed fencing to the work site during the construction phase of the development.
Adequate parking arrangements for construction workers without impacting on parking availability for the public and parking areas’ users.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures.
Works programme identifying key components of the works and their respective durations.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses (including letter drops and signs) to advise of agreed construction times, impacts on traffic and services and other relevant issues.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
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
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works and including any environmental damage to adjoining Lake Doonella Park reserve. 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.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions and requirements of the higher order approvals Material Change of Use and Reconfiguration of Lot, Reference Nos 132007.12.8 and REC13/0109.01 and the associated OPW18/0118, to which this approval relates.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
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
Internal Roadworks, Parking Area and Pavement Design
All pavement widening or construction of new pavement must join neatly to the existing pavement so that there are no irregularities in line or level resulting at or adjacent to the join for the length of the construction. Where necessary the existing pavement must be brought to a satisfactory standard to allow for the above.
The installation traffic and parking signage, line marking and Raised Reflective Pavement Markings (RRPMs) must be provided in accordance with the approved plans and the Manual of Uniform Traffic Control Devices (MUTCD). All new signage must be in accordance with AS 1906.1.
Crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
Works within Road Reserve
Safe pedestrian access in the vicinity of the development site must be maintained at all times. Should a public 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.
Any 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.
Pathways
pathways must be provided in accordance with the approved plans and constructed to the following requirements:
All pathway must be generally in compliance with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards or as approved otherwise by Council.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth finish.
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian trip or safety hazards.
Pathways must:
Terminate in a manner that ensures smooth transition to existing surfaces for public safety.
Be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Accesses and Driveways
Driveway crossovers must be provided and constructed in accordance with the approved plans and council’s Standard Drawing SEQ R-051.
Any existing unnecessary or redundant accesses must be removed, and the kerb, footpath and verge area reinstated to match the pathway 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.
The following must be complied with during the construction of the required driveways:
The driveway must be constructed so as not to concentrate stormwater runoff onto the pathway and/or the grassed verge.
Underground service conduits for services should be provided as part of the access driveway
Where there is an existing or proposed pedestrian path, a matching crossfall must be provided for the driveway on the alignment of the path, for the full width of the path
The property access must be located a minimum of 1m clear of existing power poles or streetlights.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 2’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and submitted to Council prior to the final inspection.
Fall protection must be provided to retaining walls that are over 1m high in accordance with the supervising RPEQ instructions and be certified on completion of the development works.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas.
1 in 2 for combined structural engineering and planting solutions, or
As approved otherwise by Council and include fall protection where necessary.
Stormwater Drainage
Stormwater drainage works must be provided generally in accordance with approved plans and in compliance with the relevant Australian Standards and be certified by the supervising RPEQ on completion.
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties, including the adjoining Lake Doonella Park reserve.
Erosion and Sediment Control
All relevant measures detailed in the International Erosion and Sediment Control Book 2008 must be installed to minimise the amount of sediment leaving the site.
A construction hold point/s with a council delegate and supervising RPEQ must be discussed at the prestart meeting and established prior to commencement of excavation works for the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial removal of any existing soil stabilising materials. At the hold point/s inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into existing stormwater system or/and receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required for the works of approval are sized in accordance with conditions of the approval and a written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Offsite run-off must be diverted around exposed soils on the site without entraining additional sediments. Discharge from measures to divert the offsite water must not cause run-off impacts to other properties. Measures installed to divert the upstream water must be designed and certified by the supervising RPEQ and installed prior to commencement of bulk earthworks.
Any temporary drainage works to manage stormwater flows during the construction phase of development must be designed by the supervising RPEQ to provide a 150mm freeboard and convey the following flow capacities without resulting in visible scour within flow paths:
1 in 2 year event where disturbed area open for less than 12 months
1 in 5 year event where disturbed area open for 12-24 months
1 in 10-year ARI event where disturbed area open for 24 months
Minimum 1 in 1 year ARI Hydraulic capacity for temporary culvert crossings
E&SC measures must be installed and maintained to ensure all exposed areas greater than 2500 m2 drain to sediment controls which are designed, implemented and maintained to a standard which would achieve at least 80% of the average annual runoff volume of the contributing catchment treated (i.e. 80% hydrological effectiveness) to 50mg/L Total Suspended Solids (TSS) or less, and pH in the range (6.5–8.5).
Peak 1-year ARI event discharge from the construction phase of development must be equivalent to the pre-development peak 1-year ARI event discharge. Measures included in calculations to achieve management of peak flows must be incorporated into the development in a manner that is consistent with the Noosa Plan, all conditions of the approval and does not interfere with adjoining properties.
Prior to the completion of the development, all site surfaces must be effectively stabilised. 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
Water Sensitive Design
Stormwater detention and bioretention on site must be provided in accordance with the approved plans and the conditions of this permit, and must be certified by the supervising RPEQ prior to final inspection.
Prior to commencement of use, the supervising RPEQ must certify must certify that all hardstand areas of only this development site drain to a bioretention device designed and constructed in accordance with all relevant conditions of this approval, the Water by Design Bioretention Technical Design Guidelines, relevant aspects of the IPWEAQ Standard Drawing WSUD-drawing series and Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009).
During construction and establishment of the bioretention devices, the supervising RPEQ must certify forms contained in section 3.15 of the Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by Design, 2009). These forms and certification must be submitted to council prior to the final inspection by Council.
The active filter media of the bioretention device must be in compliance with approved plans. Active filter media area is the area of the bioretention basin surface that is not covered by any impermeable structure such as a sediment forebay, riser, etc.
A construction hold point with a council delegate must be established once the bioretention device underdrainage pipe work is installed. At the time of inspection, a sample of the drainage layer, transition layer, and filtration media materials must be stockpiled onsite accompanied by laboratory results that demonstrate that the media complies with the specifications contained in the latest version of the Guidelines for Soil Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity of 180mm/hr or as specified on the approved engineering plans will be achieved. The drainage layer, transition layer, and filtration media materials shall not be installed until the catchment draining to the bioretention device has 80% groundcover as determined by council’s delegate.
80% of the catchment flowing to the bioretention basin must be effectively stabilised prior to the construction holdpoint for the Bioretention basin.
Bioretention Device - Education
The development shall be provided with approved permanent signage to educate the public on the function of the bioretention basin. The wording for the signage for the bioretention basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution to Lake Doonella reserve”.
On Maintenance - Bioretention Basin
Upon the certification of the works by the supervising RPEQ and the final inspection by Council, the bioretention basin must be accepted ‘On Maintenance’ of minimum 12 months period to ensure the stability of proposed batters, weir and satisfactory functioning and operation of the basin in accordance the intent of the design and the stormwater management plan for the development site.
Off Maintenance - Bioretention Basin
Prior to requesting an Off Maintenance inspection for the Bioretention Basin the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with approval requirements.
Submitted certification wrongly states works comply with approval requirements
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit and the applicable engineering standards.
As Constructed Plans
Satisfactory “As-Constructed” records must be submitted to Council. The bundle of “As Constructed” information shall include:
The “As-Constructed” drawings will require certification by a:
Qualified experienced Civil Engineer (RPEQ) confirming design intent and conformance with applicable standards and specifications, along with the relevant descriptions of assets, services and structures and;
Licensed Surveyor in regard to the cadastral and locational information, levels and applicable survey datum.
The data must be in accordance with Council’s “Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks”, and fully detail the levels for all engineering works including but not limited to the drainage network and structures, finished ground and pavement surface levels.
As Constructed details in accordance with Council’s Planning Scheme Policy, or may otherwise accepted by Council.
Final Inspection
A final inspection and approval of the completed works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
To note that Setout Tables and their contents shown on the approved plans are not part of Council assessment and approval. The design engineer and the certifying RPEQ are responsible for their accuracy
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.
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
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a prestart meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
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.
Environmental Advisory Notes
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
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
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
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.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes
The following property note or similar will be placed against the subject property in Council’s property record system:
This site is provided with stormwater quality treatment device (Bioretention Basin) which capture and store pollutants from stormwater runoff generated on the site. This device is required to be routinely checked and serviced/cleaned out as per the recommendations and guidelines of (Water by Design-2009) and best engineering practices. Records of maintenance activities undertaken are to be kept and made available to council officers upon request.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.

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,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
Original Decision Notice – Issue of a Preliminary Approval 16/6/2019
Negotiated Decision Notice – Issue of a Development with a number of conditions – 12/09/2019

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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
.

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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