Council archive · source document
SUPERSEDED - Decision Notice - Council Meeting Decision - MCU25 0118 (As Published) · MCU25/0118
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU25/0118
Your Reference: AU213016247
24 February 2026
Coast2Bay Housing Group Limited
C/- RPS Consulting
PO Box 6149
MERIDAN PLAINS QLD 4551
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 February 2026, Council decided to approve
the application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0118
Street address: 64 Lake Macdonald Dr, Cooroy Qld 4563
Real property description: Lot 2 SP 348613
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval has been issued:
• Development Permit for Material Change of Use - Multiple Dwelling – Affordable Rental
Premises (25 x small dwellings)
3. CURRENCY PERIOD OF APPROVAL
The Currency Period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval lapses if the use has not happened by 19 February 2031,
unless an application to extend the currency period is approved by Council.
Commencement of use
3. The approved use must not commence until the title has been created for proposed Lot
1 (3,161m2) in accordance with the related development approval (Council ref:
RAL25/0004).
Approved Plans
4. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
SK-4 G Site Sections, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-6 G Material Selection, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-7-0 G Ground Floor Plan, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-7-1 G First Floor Plan, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-7-2 G Second Floor Plan, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-7-3 G Roof Level, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-8-1 G Elevations, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-8-2 G Elevations, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-8-3 G North Elevation Detail, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-9-1 G Sections, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-9-2 G Sections, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-9-3 G Sections, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-9-4 G Sections, prepared by Hollindale Mainwaring 4 December
Architecture 2025
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SK-10-a G Unit A Plans, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-10-c G Unit C Plans, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-10-d G Unit D & Type E Plans, prepared by Hollindale 4 December
Mainwaring Architecture 2025
SK-11-1 G Perspectives, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-11-3 G Perspectives, prepared by Hollindale Mainwaring 4 December
Architecture 2025
SK-11-4 G Perspectives, prepared by Hollindale Mainwaring 4 December
Architecture 2025
24228 I Landscape Concept Plan Package, prepared by November
Project Urban 2025
Nature and Extent of Approved Use
5. The approved use is limited to Multiple Dwelling – Affordable Rental Premises* (25 x
small dwellings and internal communal area).
*(See Advisory Note)
6. The internal communal area is not to be used for habitable purposes such as sleeping
or residing in the area.
Building Height
7. The maximum height of the development must not exceed 8 metres above the natural
and finished ground levels.
8. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the building does not exceed the maximum height requirement of this
Decision Notice.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works prior to pre-start
meeting. 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. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Street Identification
10. The street address of the development must be clearly visible and discernible from the
primary frontage (eastern frontage) of the site by the provision of a street number and,
where appropriate, the building name.
Water & Sewer Connections
11. An underground connection to reticulated water and sewerage must be provided to the
premises in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
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12. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the premises.
Building Appearance
13. External design features, materials and finishes must be as shown on the Approved
Plans, with no inclusions or alterations made without approval in writing by Council.
14. External finishes of the building must be a mix of lightweight and textured external
finishes, with masonry areas incorporating a variety of textured finishes to break up the
surface.
15. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling
or the like thus remaining as open structures.
16. External colours and finishes must be of an understated colour scheme and low-
reflective roofing and cladding materials.
17. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
18. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
19. Each unit must be provided with access to an outdoor clothesline which is screened from
public view (external to the development site) and where achievable, internal to the
development.
20. A privacy fence must be constructed along the southern and western boundaries and
must not exceed 2 metres in building height.
Waste Management
21. A waste storage area must be provided in accordance with Planning Scheme Policy 9,
Waste Management and the Noosa Plan’s Waste Management Code, including an
external imperviously paved area correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties.
22. A waste storage area must be designed and maintained in accordance with Planning
Scheme Policy PSP9 Waste Management and the Noosa Plan’s Waste Management
Code. The waste storage area must be:
a. imperviously paved and correctly sized for all refuse and recycling containers;
b. bunded and graded so that wastewater and bin leakage drain to the sewer;
c. provided with a conveniently located hosecock and backflow prevention device,
connected to a water supply to service the area; and
d. roofed or otherwise covered.
23. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will
be stored, disposed of and procedures for handling the waste. The Waste Management
Plan must be submitted and approved by Council prior to the issue of a Development
Permit for Operational Works.
Community Management Statement
24. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
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25. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice and, in particular, must include the
following additional clauses:
a. All dwellings are to remain Affordable Rental Premises for the life of the
development.
b. To avoid ambiguity, the units are not permitted to be used for short term
accommodation, unless where identified as accepted development by the Noosa
Plan or where there is a Development Permit for Material Change of Use for Short
Term Accommodation in effect. Short term accommodation means the use of the
premises for providing accommodation of less than 3 consecutive months to
tourists or travellers.
Landscaping Works
26. 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:
a. The works shown on the Approved Landscape Concept Plan.
b. Incorporation of addition large trees capable of scaling the built form provided
along the northern, eastern and western boundaries spaced at 5 metre centres
along each of the boundaries.
c. Incorporation of additional tall trees on each side of the footpath identified to the
east and northeast of “Unit 01” identified on the Landscape Design 3.3 Detail Plan-
Ground Floor Plan. Trees are to be spaced at 5 metre centres on each side of the
path.
d. Vegetated screening of the development from all boundaries, designed such that
the built form will be screened / softened at maturity
e. Vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage
27. All planting areas must be planted and maintained at all times, with replacement planting
undertaken promptly where plants fail or do not have a healthy and vigorous growth.
28. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
29. Any damage to the existing landscaping or street trees in the adjoining road verge are
to be replaced at no cost to council.
Site Access and Driveways
30. A sealed access driveway must be provided to all parking and manoeuvring areas of the
development. The works must be undertaken in accordance with an Operational Works
approval, be generally in accordance with reference document Development Site Plan
(MCU-C-301 Rev B) dated 28/10/2025 prepared by Arcos and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
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Car Parking
31. A minimum of 31 car parking spaces must be provided and marked on the site. The
works must be undertaken in accordance with an Operational Works approval, be
generally in accordance with reference document Development Site Plan (MCU-C-301
Rev B) dated 28/10/2025 prepared by Arcos and must include in particular:
a. 6 visitor parking spaces within the total, which are clearly marked for that purpose
and accessible at all times for visitor use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities.
32. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
Paving Treatment of Vehicle Movement Areas
33. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Stormwater Drainage
34. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and be generally in accordance with reference document Development
Site Plan (MCU-C-301 Rev B) dated 28/10/2025 prepared by Arcos and Queensland
Urban Drainage Manual.
Condition 34 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Services
35. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
36. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater) which certifies that the development has met the requirements of
this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
37. All earthworks and associated retaining structures/batters, both above and below
ground, both temporary and permanent, must be undertaken in accordance with an
Operational Works approval, be generally in accordance with reference document
Earthworks Plan and Earthworks Sections & Details (MCU-C-201, MCU-C-211, MCU-
C-212 Rev A) dated 28/10/2025 prepared by Arcos and contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council.
38. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
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Damage to Services and Assets
39. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
MCU-C-201 A Earthworks Plan prepared by Arcos 28.10.25
MCU-C-211 A Earthworks Sections & Details prepared by 28.10.25
Arocs
MCU-C-212 A Earthworks Sections & Details prepared by 28.10.25
Arcos
MCU-C-301 B Development Site Plan prepared by Arcos 28.10.25
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person
who carries out an activity must take all reasonable and practicable measures to ensure
the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply
with the duty of care. Substantial monetary penalties may apply to individuals or
corporations breaching this duty of care. Injunctions may also be issued by the Land
and Resources Tribunal, and the Minister administering the ACH Act can also issue stop
orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH
Act.
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Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with
the requirements of the National Construction Code - Building Code of Australia (Volume
1) as they relate to people with disabilities. Your attention is also directed to the fact
that in addition to the requirements of the National Construction Code as they relate to
people with disabilities, one or more of the following may impact on the proposed
building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All
freestanding, pylon or pole signs or signage that is illuminated requires approval from
Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate
Local Law No. 1 is prohibited from being erected in the Shire.
Development Compliance Inspection
4. Prior to the commencement of the use, please contact Council's Development
Assessment Branch to arrange a Development Compliance Inspection.
Nature and Extent of Approved Development
5. The approved land use is limited to Multiple Dwelling – Affordable Rental Premises.
Affordable Rental Premises has the meaning as listed in Schedule 1, SC1.2
Administrative Terms of the Noosa Plan 2020 (26 September 2025):
Affordable Rental Premises means one or more dwellings which are:
a. Affordable housing;
b. Entirely small dwellings;
c. Owned or leased by a registered provider within the meaning of the Housing Act
2003; and
d. Managed by a registered community housing provider, as long term rental housing
for a minimum of 20 years.
Sustainability
6. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot
water, photovoltaic systems (including the use of inverter/charges), solar panels, water
saving devices and rainwater harvesting.
Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Erosion and Sediment Control
8. An erosion and sediment control plan must be submitted with the Operational Works
application. The erosion and sediment control plan must be prepared by a suitably
qualified person (RPEQ / CPESC) and be designed in accordance with Planning
Scheme Policy 6 – Engineering Design Standards and the International Erosion Control
Association’s Best Practice Erosion and Sediment Control.
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Infrastructure Charges
9. 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. For further information, please refer to: https://www.noosa.qld.gov.au/Planning-
and-Development/Development-tools-and-guidelines/Infrastructure-Charges
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Stormwater, Earthworks, Carparking,
Works Landscaping & Access
Development Permit for Building Works All building work.
11. SUBMISSIONS
There were 53 properly made submissions about the application. In accordance with the
Planning Act 2016, the name, address and electronic address of the principal submitter for
each properly made submission is provided and attached.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a negotiated decision
notice will be issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online
at www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager | Development Assessment
Development & Regulation
Enc: List of Submitters
Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents
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List of Submitters
PLANNING ACT 2016 & PLANNING REGULATION 2017
Name Email Address
Ray Smith [email protected] 4 Viola Place Cooroy 4563
Patricia Spicer [email protected] 1A Kauri Street COOROY
4563
Cindy Wall [email protected] 15 Cordwood Drive
COOROY 4563
John McKenzie-McHarg [email protected] 14 Forest Oak Court
COOROY 4563
M Ronald Chesterfield [email protected] 7 Prospect Place COOROY
4563
Jodi Armstrong [email protected] 1/3B Kauri Street COOROY
4563
Carmel Robinson 1/3A Kauri Street COOROY
4563
Carol Hamilton 21 Sunrise Road EUMUNDI
4562
Peter Robinson 1/3A Kauri Street COOROY
4563
Muriel McMullen 12 Ruby Street COOROY
4563
Jessica Corrigan [email protected] 1-3A Kauri Street COOROY
4563
Peter G Rayment 32 Coveys Road
TINBEERWAH 4563
Gillian Malone [email protected] 4A Kauri Street COOROY
4563
Bev Haines 44 Nandroya Road COOROY
4563
Meryl Brady 6 Kaui Street COOROY 4563
Amy Robinson 2/3B Kauri Street COOROY
4563
Philip Neil Malone [email protected] 4A Kauri Street COOROY
4563
Renee Kuiper 2b Kauri Street COOROY
4563
Michelle Byers [email protected] 2A Kauri Street COOROY
4563
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Jon Kuiper [email protected] 2b Kauri Street COOROY
4563
Jenalda Handley 2 Kauri Street COOROY
4563
Anthony Bernhagen [email protected] 10 Kauri Street COOROY
4563
Natarsha Rose Handley 2 Kauri Street COOROY
4563
Vicki Anne Carter [email protected] 179 Werin Street TEWANTIN
4565
Penny Lovelace [email protected] 4 Blue Wren Place COOROY
4563
Rod Ritchie [email protected] 423 Old Ceylon Road
COOROY 4563
Julia Walkden [email protected] 423 Old Ceylon Road
COOROY 4563
Deb Campbell [email protected] 3 Olivine Street COOROY
4563
Keryn Quigley [email protected]
Taj Conquest [email protected] 14 Dianella Court COOROY
4563
Andrew Barber [email protected]
Lyn Nowland [email protected]
Janey Margaret Sanderson [email protected] 1/9 Kauri Street COOROY
4563
Wendy Scott [email protected] 10 Dianella Court COOROY
4563
Nada Conquest [email protected] 14 Dianella Court COOROY
4563
Charlotte Charles [email protected]
Leanne Castro [email protected] 2/3A Kauri Street COOROY
4563
Phillip Egan [email protected] 8 Dianella Court COOROY
4563
Chris Calogeras [email protected] 38 Lake Ridge Court LAKE
MACDONALD 4563
Luke Lyne [email protected] 7 Dianella Court COOROY
4563
Matthew Conquest [email protected] 14 Dianella Court COOROY
4563
Kerry Davis [email protected]
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Anne Livingstone [email protected]
Nicole Noonan [email protected] 3 Dianella Court COOROY
4563
Tennyson Conquest [email protected] 14 Dianella Court COOROY
4563
Paul Noonan [email protected] 3 Dianella Court COOROY
563
Dominic Noonan [email protected] 3 Dianella Court COOROY
4563
Tyne Conquest [email protected] 14 Dianella Court COOROY
4563
Rhea Denbraasem [email protected] 21 Dianella Court COOROY
4563
Tom Whitaker [email protected]
Oliver Noonan [email protected]
Mathew O'Brien [email protected] 3/70 Kauri Street COOROY
4563
Johann Holdysz [email protected]
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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
(2) The notice of appeal must be accompanied by the required fee. the person has not complied with the rules of the P&E Cour
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Version: 7, Version Date: 24/02/2026
Used in these records
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