SUPERSEDED - Other Change Decision Notice - Council Meeting Decision MCU18 0009.03

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	MCU18/0009.03
Your Reference:	02187
24 February 2021
Noosacare Inc
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice – Other Change
Planning Act 2016
I refer to your application and advise that on 18 February 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU18/0009.03
Street address:	186 Cooroy Noosa Road & 4 Carramar Street Tewantin
Real property description:	Lot 2 RP 177554 and Lot 19 RP 162486
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 15 November 2018:
Development Permit for Material Change of Use of Premises - (Multiple Housing Type 3 - Retirement & Special Needs 32 beds)
In relation to the request to make an Other Change to the existing approval, Council on 18 February 2021, decided to approve the requested changes. The changes are detailed below.
Approve the change;
Amend condition 1; and
Include additional conditions 49 - 54
currency period of approval
The currency period for this development approval is 6 years starting the day that the original development approval (MCU18/0009) took effect.
assessment manager conditions
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
A101A		Existing Part Site Plan by Middap Architecture	Feb 2019
A102A		Proposed Site Works Plan by Middap Architecture	Feb 2019
A103B	B	Proposed Building Plan by Middap Architecture	Feb 2019
A104B	B	Site Plan with Section and Elevation References by Middap Architecture	18.03.2019
A105B	B	Site Elevations by Middap Architecture	18.03.2019
A106B	B	Typical Villa Sections by Middap Architecture	18.03.2019
A201B	B	Villas and Service Core Floor and Roof Plan by Middap Architecture	18.03.2019
A202B	B	Proposed Villas and Service Core 3D Views by Middap Architecture	18.03.2019
A203A		Proposed Entry Building Floor and Roof Plan by Middap Architecture	18.03.2019
A204A		Proposed Entry Building Elevations and 3D Views by Middap Architecture	18.03.2019
A205B	B	Proposed Villa 1 and 2 Floor and Roof Plan by Middap Architecture	18.03.2019
A206B	B	Proposed Villa 1 and 2 Elevation and 3D Views by Middap Architecture	18.03.2019
A207A		Proposed Villa 3 and 4 Floor and Roof Plan by Middap Architecture	18.03.2019
A208A		Proposed Villa 3 and 4 Elevation and 3D Views by Middap Architecture	18.03.2019
1		PART SITE PLAN	Received by Council on 03.04.2020
2		BOUNDARY ELEVATION	Received by Council on 03.04.2020
1714-20	I	Design Features Plan 1 of 7 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November 2020
1714-27	I	Design Setout Plan 1 of 6 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November  2020
16519-C101	D	Proposed Permanent and Event Day Parking prepared by TOD Engineers & Project Managers as amended in red by Council	08.09.20
The development must include the following, to the reasonable satisfaction of the Manager, Development Assessment:
Deleted
Car parking must be provided at a rate of 0.92 car spaces per bed. Of these, 0.21 spaces per bed are for event days which must be accommodated on the site, but may be located in temporary areas. The layout must comply with Australian Standard AS/NZS 2890.1-2004 and may include the existing 18 car parking spaces in the road reserve.
Deleted
Deleted
A minimum landscape setback of 6.0 metres must be provided to all boundaries, apart from existing development, with existing vegetation retained and reinforced in the setbacks	to maintain the amenity of adjoining residents and a visual screen to Cooroy Noosa Road.
Noise attenuation measures must be incorporated into the building design to mitigate traffic noise impacts from Cooroy Noosa Road. The design criteria for the development must be 63dB(A)L10(18hours)
Deleted
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
No vegetation removal is permitted within the Q100 flood line and east of the existing car park footprint.
A parking management plan must be submitted detailing how car parking is to be managed and to direct visitors on event days.
A maximum building height of 2 storeys and 9.30 metres for Villas 1 and 2 and 9.75 metres for Villas 3 and 4 in accordance with the approved plans. The Entry Building must not exceed 2 storeys and 8.0 metres.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted for each stage, to secure performance of all conditions of the relative stage approval. This security must be submitted prior to the issue of a Development Permit for Operational Works for the relevant stage. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Flooding
All buildings proposed on site must be constructed to a minimum floor level above the predicted 1 in 500 ARI design storm (Q500) to avoid the risk of flooding.
Vehicle Access
All vehicles must enter and leave the site in a forward direction.
Bollards must be installed to the western end of the existing road reserve car park to contain vehicles within the car park.
Carparking
All car parking spaces must be designed and constructed in accordance with AS/NZS 2890.1:2004 (User Class 1 for staff and employees and User Class 3 for visitors) with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All car parking spaces for persons with disabilities must be designed and constructed in accordance with AS /NZS 2890.6:2009.
All carparking must be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces must be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
A dedicated pedestrian pathway must be provided linking the proposed carparking area and the proposed Admin Block. The pathway must:
Be a minimum of 1.5m wide,
Be located clear of the access driveway, and
Include a marked pedestrian crossing point to the Admin Block
Earthworks
A suitably qualified Registered Professional Engineer must prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which must be submitted in conjunction with an application for a Development Permit for Operational Works. In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
General
Digital detailed designs including drawings, calculations, specifications and a schedule of works, must be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design must be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards
Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all existing and proposed services required by the development must be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
A construction management plan/strategy to ensure no damage occurs to Council services must be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
Any damage caused to any public utility during the course of construction must be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road. All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
As Constructed drawings and data must be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor must certify the cadastre and the location, level and type of all services and structures. All of which must be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels. The data must be submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works must not be granted until all As Constructed information has been supplied and accepted by Council.
Stormwater
All works must be constructed and work procedures undertaken in accordance with:
The approved plans, the approved amended plans and the conditions detailed in this Decision Notice.
The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care integrated Water Management Plan Version 4 by Callaghan & Toth dated June 2019
The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy Noosa Road, Tewantin Preliminary Design of Stormwater Detention Volume’ by BSM dated 21 December 2017.
The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July 2017.
The Addendum Letter by Cardno (document number WE17064) dated 23 March 2018.
The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated 27 September 2018.
A minimum Finished Floor Level (FFL) of the Aged Care Facility and any associated facilities at 8.80m AHD.
A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m AHD.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines are to be adhered to.
Drainage Easement
An easement for drainage purposes must be registered against the titles of the properties in favour of Council over the land area identified as being external to the area to be dedicated as Environmental Park and below the post development 1% AEP flood level on the subject site from flooding sources external to the site (excluding proposed structures). The easement width must be in accordance with Noosa Council’s Development Design Planning Scheme Policies. The easement must be granted at no cost to Noosa Council. The wording of the easement documentation must be in accordance with Council’s Standard Easement document.
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.
Acid Sulfate Soils
As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m3 or greater which extends below 5m AHD will need to be carried out in accordance with the State Planning Policy and the Noosa Plan. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist must be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any waters discharging from the construction areas of the site to below the AEP 1% contour must achieve less than 50mg/L Total Suspended Solids (TSS)and pH suitable for the needs of the receiving wetland during all rain events.
The application for operational works must include a detailed Erosion and Sediment control plan prepared by a Certified Professional in Erosion and Sediment Control, in accordance with the International Erosion Control Association Best Practice Book Series, including:
The Erosion and Sediment Control Plan must include for staging of construction to minimise the area of exposed soils at all times to an area whereby the contractor can practically cover all exposed soils with materials that will prevent the movement of soil (i.e. to a c-factor of 0.5) prior to any forecast rain event nominated and/or observed as likely to cause runoff from the site, regardless of whether those exposed areas flow to a sediment basin.
A sufficient supply of materials nominated as the contingency to cover exposed soils must be on site at all times, along with appropriate machinery and personnel for their deployment.
The Erosion and Sediment Control Plan shall also include a High Efficiency flow through sediment basin sized and operated to treat 90% of the flows and to act as final polishing and contingency to achieve 50mgTSS/L where cover of exposed soils fails. The flow through sediment basin must remain operational from commencement of construction until the site is stabilised for operational purposes, regardless of the area of exposed soil.
Chemicals used for dosing of the flow through sediment basin must be proven to not become bioavailable or harm the ecology within the receiving wetland.
The wetland habitat below the Q100 line (1% AEP) must be protected from any risk of water balance changes or chemical changes associated with construction activities and the conduct of the approved use. A detailed Wetland and Swamp Crayfish Habitat Protection Management Plan must be submitted with any operational works application to demonstrate the wetland habitat will be protected from construction activities and the conduct of the approved use. The Wetland and Swamp Crayfish Habitat Protection Management Plan must demonstrate:
The water quality necessary for ongoing protection of the wetland;
How the Erosion and Sediment Controls for the site will prevent release of any constructed generated sediments and chemicals to the wetland; and
The ecological and biological requirements of the Swamp Crayfish and how these will be protected during construction and operation of the development.
LANDSCAPE & ECOLOGY
Landscaping & Vegetation Clearing
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provide landscaping plans that provide detailed sections and plan of a 6.0 metre landscaped buffer adjacent to the northern boundary to buffer the adjacent residential uses from the development.
Provide detail of the number of mature native trees (>150mm DBH) including species and canopy spread, proposed to be removed to facilitate all aspects of the development proposal.
Provide details of the methods to be used during the vegetation clearing including the use of licensed spotter/catchers, disposal of cleared vegetation, methods to ensure retained vegetation is protected from development works, in particular where works are proposed adjacent to root zones of vegetation located on the road reserve with reference to AS 4390 -2009 and amendments Protection of Trees on Development Sites
Provide details of the treatment of environmental and declared weeds on the site.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
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 prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Any building under-croft areas must be adequately stabilised for erosion control.
Dedication of Land as Reserve
Prior to obtaining a Development Permit for Operational Works the land area identified as being to the east of the proposed wetland fence on Middap Architecture Pty Ltd - Plan A102A (Proposed Site Works Plan February 2019) be dedicated to Council in fee simple on trust for the purpose of an Environmental Park.
The land to be dedicated is “non-trunk infrastructure” for the purposes of the Planning Act 2016.
The land area to be dedicated must by unencumbered by services such as pump stations, services easements or similar operational uses.
Works within Protected Land
The following works must be undertaken within the land to be dedicated to the Crown as reserve, and upstream to the Noosa Cooroy Road asphalt formation:
Management and control of all environmental weeds, defined as “undesirable species” in Council’s Planning Scheme Policy 3 Landscaping Plants and Guidelines for a minimum period of 24 months.
Removal of any waste materials foreign to the area.
Treatment of any tree hazards identified through a Council approved arborist report
The works must be undertaken in accordance with an Operational Works approval.
Fencing to Protected Land
A permanent fence must be constructed along the interface of the development site with the land area to be dedicated. The fence must be constructed in accordance with an Operational Works approval and must be to the following specifications:
2.1 metre high
Pool fence with vertical bars at 100mm centres (or similar)
Educational signage for wetlands protection.
An Environmental Awareness and Education Brochure must be prepared and provided to personnel who manage the development. The brochure must provide educational information regarding the significance of the Swamp Crayfish, Melaleuca wetland and the potential negative impacts that may result from management activities such as the disposal of green wastes, bushfire management and stormwater management.
ENVIRONMENTAL HEALTH
Waste Management
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
Mechanical Equipment
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
(Additional conditions 18 July 2019)
Privacy screening to the northern elevation as detailed on the approved plans must be designed and maintained to ensure that there is no overlooking into the adjoining residential properties.
All elements of the approved Integrated Stormwater Management Plan system must be maintained in accordance with the Water by Design, Maintaining Vegetated Stormwater Quality Treatment Assets or manufacturer’s maintenance protocol where appropriate.
Stormwater management measures must be maintained in accordance with this approval and a contract by an appropriate company to undertake maintenance in accordance with this approval for a minimum 10 years must be signed and provided to Council prior to the commencement of use.

(Additional conditions 18 February 2021)
The car park in Lot 19 on RP162468 (4 Carramar Street) must only be used by staff.
No lighting is to be provided to the car park in Lot 19 on RP162468 (4 Carramar Street).
Access to the car park in Lot 19 on RP162468 (4 Carramar Street) must only be via the existing access from Cooroy Noosa Road. In this regard a locked gate must be provided to prevent vehicle access to/from Carramar Street.
To minimise potential noise impacts on adjacent residential areas, the western carpark in Lot 19 on RP162468 (4 Carramar Street) must not be used between the hours of 6:30pm and 6:30am unless otherwise approved in writing by Council. A fence and gate must be provided, generally along the eastern boundary of the Lot, preventing access to the carpark between these hours.
The existing fencing to the northern and western boundaries must be maintained, if the fencing is replaced the minimum height of any new fencing must be 1.8 metres.
Screening vegetation must be planted along the western boundary in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 2 metres and a maximum spacing of 2 metre centres
referral agencies
Not applicable
advisory notes
ADVISORY NOTES:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
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 to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, 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
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre- Start Meeting for the project.
It is recommended that the buildings be finished predominately in colours and hues of the surrounding natural landscape to ensure they integrate with the adjacent natural environment.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Earthworks, Stormwater, Car parking, Vegetation removal and Landscaping
Development Permit to Reconfigure a Lot	Creation of environmental park
Development Permit for Building Works	All building works

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,
Kerri Coyle
Manager Development Assessment

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Unitywater
DECISION NOTICE HISTORY
Original Decision Notice – 19 August 2018
Negotiated Decision Notice – 15 November 2018, with an amendment to conditions 1, 2, 26, 27, 36 & 39.
Decision Notice - Minor Change MCU18/0009.01 – 18 July 2019, with an amendment to conditions 1, 6, 26 & 36, rectify item 9, and additional conditions 46, 47 & 48
Decision Notice – Minor Change – MCU18/0009.02 - 29 April 2020, with an amendment to condition 1.
Decision Notice – Other Change – MCU18/0009.03 – 18 February 2021, with amendment to condition 1; include additional conditions 49-54

	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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