Council archive · source document
Decision Notice OPW25-0012 · OPW25/0012
Officer: Will Lowe
Direct Telephone: 07 53296129
Our Reference: OPW25/0012
Your Reference: 22070
8 July 2025
Calile Malouf Investments P/L TTE
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 July 2025, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW25/0012
Street address: 3 Serenity Cl Noosa Heads Qld 4567
Real property description: Lot 11 SP 195871, Lot 10 SP 335472
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
CURRENCY PERIOD
1. The Currency Period for this development approval lapses if the development has not
substantially started by 8/07/2027, unless an application to extend the currency period is
approved by Council.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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2. 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
- 1.0 Fauna Management Plan, prepared by 24/01/2025
Litoria Consulting
- 3.2 Arborist Report, prepared by, Litoria 20/05/2025
Consulting
PRIOR TO COMMENCEMENT OF WORKS
3. Prior to requesting a prestart meeting:
a. Tree protection fencing must be installed under the supervision of the Project Arborist.
(Refer to Retention of Existing Trees Conditions).
b. A condition report including photographs of the frontage of the site must be completed
and submitted to council at the prestart meeting / prior to any works commencing.
c. Certificates demonstrating currency of public liability insurance and works insurance
covering the works must be submitted to Council prior to the prestart meeting.
*(Refer to Advisory Note)
4. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the vegetation clearing phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased
iii. Proposed fencing to the site during the construction phase of the development
iv. Adequate parking arrangements for construction workers
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. Works programme identifying key components of the works and their respective
durations
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues
e. Include a post out to the local residents and businesses advising of the proposed
vegetation clearing works, the expected time frames and the site contact details
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
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5. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
at least five business days’ notice). The prestart meeting must be attended by the responsible
persons for:
a. Arboreal works.
b. Fauna management works.
c. Other relevant parties.
DURING CONSTRUCTION
General
6. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
7. 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. The relevant conditions of the higher order Material Change of Use approval viz.
132008.176.05 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Retention of Existing Trees and Vegetation
8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
9. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report, version
3.2, dated 20 May 2025, prepared by Litoria Consulting.
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Fauna Management
10. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the approved Fauna Management
Plan, dated 24 January 2025, prepared by Litoria Consulting; and the Nature
Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (fauna not previously removed).
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f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
g. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
11. Vegetation removal, felling and lopping must:
a. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
b. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
c. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
d. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
e. Allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
f. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not Applicable
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Concurrence SARA at DILGP SARA Schedule 10, Part 10, The agency provided its
at DILGP Via MyDAS2 Division 3, Subdivision3, response on 3 July
at https://prod2.dev- Table 1, Item 1 (Planning 2025 (Reference No.
assess.qld.gov.au/suite Regulation 2017) 2506-46370 SRA). A
/ (for assistance, Development interfering copy of the response is
contact DILGP at 5352 with koala habitat in attached
9701 or koala habitat areas
email:SEQNorthSARA outside koala [email protected] areas
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
1. Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
minimum of five business days’ notice of preferred inspection time.
Prestart
2. Tree Protection Bond:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved (as confirmed by the site Arborist and agreed in writing by Council).
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b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed.
3. All tree retention and protection works must be carried out in accordance with methodology
and recommendations detailed in the Arborist report listed within this Decision Notice.
Retention of Existing Trees
4. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
5. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
6. Qualified Person, for the purpose of:
a. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
b. Managing Fauna protection, preparing Fauna reporting and certification and
calculating compensatory habitat, is considered to be an Ecologist or Environmental
Scientist with a minimum of three years current experience in the field of fauna
assessment and management.
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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
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10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage.
Development Permit for Building Works All building works.
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.
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,
Will Lowe
Senior Environment Officer
Development Regulation
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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[OCR of page images]
v9 NOOSA
@®& Council
RAG-N
SARA reference:
Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
Queensland
Government
2506-46370 SRA
Counca reference: OPW25/0012
Applicant reference: 22070
3 July 2025
Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam
SARA referral agency response—3 Serenity Close, Noosa
Heads
(Referral agency response given under section 56 of the Planning Act 2016)
The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 10 June 2025.
Response
Outcome: Referral agency response — with conditions
Date of response: 3 July 2025
Conditions: The conditions in Attachment 1 must be attached to any development
approval
Advice: Advice to the applicant is in Attachment 2
Reasons: The reasons for the referral agency response are in Attachment 3
Development details
Description:
SARA role:
SARA trigger:
SARA reference:
Assessment manager:
Street address:
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Development permit for operational work for clearing vegetation
Referral agency
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1
(Planning Regulation 2017) — Development interfering with koala
habitat in koala habitat areas outside koala priority areas
2506-46370 SRA
Noosa Shire Council
3 Serenity Close, Noosa Heads
Koala Pinning Tear
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Page 8 of 14 [OCR of page images] Real property description: Applicant name: Applicant contact details: Human Rights Act 2019 considerations: Representations 2506-46370 SRA Lot 11 on SP195871 and Lot 10 on SP335472 Calile Malouf Investments Pty Ltd as trustee c/- Project Urban PO Box 6380 MAROOCHYDORE BC QLD 4558 [email protected] A consideration of the 23 fundamental human rights protected under the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Poppy Ellis-Southwell, Principal Planning Officer, on (07) 5644 3214 or via email [email protected] who will be pleased to assist. Yours sincerely Kieran Hanna Manager (Planning) enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced in conditions cc Calile Malouf Investments Pty Ltd c/- Project Urban, [email protected] Stale Assessment and Referral Agency Page 2 of 7 Page 8 of 14
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Page 9 of 14 [OCR of page images] Attachment 1—Referral agency conditions 2506-46370 SRA (Under section 56(1)(b)(1) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the documents referenced below are found at Attachment 5) No. Conditions Condition timing Development permit for operational work for clearing vegetation Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017) — Development interfering with koala habitat in koala habitat areas outside koala priority areas—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of the Environment, Tourism, Science and Innovation to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s): 1. Interfering with koala habitat is limited to the clearing of 106 non-juvenile At all times. koala habitat trees identified as ‘Removed (NJKHT) on KTSPO4a: Trees Retained and Removed, prepared by Litoria Consulting, dated 30/01/2025, drawing reference 22011 KTSP04a and issue C. 2. Implement all measures and undertake any works in accordance with the Prior to and Fauna Management Plan, prepared by Litoria Consulting, dated 24 January | during all 2025 and version 1.0. clearing and construction 3. (a) A rehabilitation plan must be prepared by an appropriately qualified (a) and (b) Prior person(s), and must address as a minimum: to commencing (i) Details of the rehabilitation objectives for the site; any clearing or (i) The number of Koala habitat trees to be established on the site; | construction (ii) | The planting palette and planting density of the proposed works. rehabilitation; (iv) Details of how the vegetation planted as a result of the rehabilitation work will be suitably maintained. (c) To commence no more than 1 month after the (b) Provide the rehabilitation plan to the Department of the Environment, completion of Tourism, Science and Innovation at [email protected] clearing and or mail to: construction Koala Assessment and Compliance works. Department of the Environment, Tourism, Science and Innovation PO Box 15187 City East, Queensland 4002 (d) Within 3 months from the (c) Undertake the rehabilitation of the site in accordance with the completion of the rehabilitation plan; rehabilitation works. (d) Certification by an appropriately qualified person(s) that (a). (b) and (c) have been fulfilled, must be provided to the Department of the Environment, Tourism, Science and Innovation at: [email protected] State Assessment and Referral Agency Page 3 of 7 Page 9 of 14
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Page 10 of 14 [OCR of page images] 2506-46370 SRA Conditions Condition timing Deliver an environmental offset in accordance with the Environmental Offsets Act 2014 to counterbalance the significant residual impacts on the matter of state environmental significance being 58 non-juvenile koala habitat trees. Note: Section 16 of the Environmental Offsets Act 2014 provides that when an offset condition is imposed on an authonity, a number of deemed conditions are taken to apply. These deemed conditions are detailed in sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014. Contravention of a deemed condition is taken to be contravention of an More information on offset delivery can be found here: https:/www.qid.gov.au/environment/pollution/management/offsets/delivering. Please send the notice of election to [email protected] to commencing any clearing works. Prior to the commencement of clearing activities, notify the Department of the Environment, Tourism, Science and Innovation at [email protected] of: = the expected date the clearing activity will commence; = the expected duration of the clearing activity; « =the name and contact details of the koala spotter that has been contracted for the clearing activity; and e the name, contact details and authority number of the fauna spotter catcher that has been contracted for the clearing activity. 72 hours prior to commencement of vegetation clearing. (a) Provide sa Management Plan prepared by a suitably qualified and experienced person, in accordance with the Koala Sensitive Design Guideline, published by the Department of Environment, Tourism, Science and Innovation, to minimise impacts to koalas and other wildlife inhabiting or moving through the site. Required koala protection measures must include, but are not limited to: e Signage depicting a koala and maximum speed limit of 20km/h should be erected at the entrance to the site to inform visitors that koalas may be present on the site © = Traffic calming devices must be installed along the main entrance and internal roads where they intersect with, or are directly adjacent to koala movement corridors on the site « = Artificial lighting on the subject site must be opersted to ensure it is directed away from the adjacent conservation areas and other fauna corridors to minimise impacts to koalas and other wildlife inhabiting or moving through the site ¢ = The location of any koala exclusion fencing and/or koala inclusion fencing (b) Submit the Management Plan to the Department of the Environment, Tourism, Science and Innovation at [email protected] (c) Implement the management measures contained in the Management Plan. (a) and (b) prior to operational works occurring within the site. (c) Within 30 days of completion of vegetation clearing. Stale Assessment and Referral Agency Page 4 of 7 Page 10 of 14
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Page 11 of 14 [OCR of page images] 2506-46370 SRA Attachment 2—Advice to the applicant General advice 4: Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.2). If a word remains undefined it has its ordinary meaning. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements that apply to all persons undertaking the clearing of koala habitat trees, including that clearing be undertaken sequentially and in the presence of a koala spotter. Penalties for non-compliance apply. For further information please contact the Department of the Environment, Tourism, Science and Innovation at [email protected] this development approval, other permits or approvals may be required for the clearing of koala habitat. To determine if the proposed clearing requires other approvals under other local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’). The development contains areas mapped as containing a high-risk area on the protected plant flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora Survey Guidelines to determine if there are any protected plants on the clearing site. If protected plants are found on the clearing site, a clearing permit under the Nature Conservation Act 1992 may be required. The development contains habitat for threatened and special least concern fauna species. If the development requires tampering with s protected animal breeding place, a species management program may be required. More information on protected animal breeding places and species management programs can be found here: https://environment.des.qid.gov.au/licences-permits/plants-animals/species- management-program Stale Assessment and Referral Agency Page 5 of 7 Page 11 of 14
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Page 12 of 14 [OCR of page images] 2506-46370 SRA Attachment 3—Reasons for referral agency response [Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: * SARA assessed the development against the following code of the SDAP, version 3.2: © State code 25: Development in South East Queensland koala habitat areas (State code 25). * With conditions, the development complies with the assessment benchmarks of State code 25 of the SDAP in that the development: © does not cause an unacceptable impact on mapped koala habitat areas; © is designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated; © results in @ significant residual impact that is acceptable, and an offset is provided. Material used in the assessment of the application: the development application maternal and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.2), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 7 Page 12 of 14
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Page 13 of 14 [OCR of page images] 2506-46370 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7 Page 13 of 14
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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