Decision Notice -OPW18/0155

Officer: 	Monkeith Kadhum
Direct Telephone: 	07 53296293
Our Reference:	OPW18/0155 :
Your Reference:	(ALTA): A6107/18
24 September 2018
CBD Settlers Cove Pty Ltd
PO Box 1923
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 September 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW18/0155
Street address:	12 and 14 Serenity Cl Noosa Heads Qld 4567
Real property description:	Lot 7 SP 195871, Lot 8 SP 195871 and, Lot 9 SP 195871 for works access during construction
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Approval for Operational Works - Earthworks, Stormwater Drainage Works, Landscaping
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development assessment manager conditions
Assessment Manger Conditions
APPROVED PLANS
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A6107/18/PEW00	A	Title Sheet , Locality and Notes, prepared by ALTA Engineering	26/07/2018
A6107/18/PEW01	A	Earthwork Layout/Construction Access Layout, prepared by ALTA Engineering	26/07/2018
A6107/18/PEW02	A	Earthwork Layout Stage 4A(1), prepared by ALTA Engineering	26/07/2018
A6107/18/PEW04	B	Earthwork Layout Stage 4, prepared by ALTA Engineering	30/07/2018
A6107/18/PEW05	-	Retaining Wall Notes and Details, prepared by ALTA Engineering	May 2016
A6107/18/PEW06	-	Retaining Wall Details Sheet 1 of 2, prepared by ALTA Engineering	May 2016
A6107/18/PEW07	-	Retaining Wall Details Sheet 2 of 2, prepared by ALTA Engineering	May 2016
A6107/18/PEW08	A	Earthworks Sections Sheet 1 of 2, prepared by ALTA Engineering	26/07/2018
A6107/18/PEW09	A	Earthworks Sections Sheet 2 of 2, prepared by ALTA Engineering	26/07/2018
A6107/18/PSMP01	B	Stormwater Management Plan, prepared by ALTA Engineering	30/07/2018
A6107/18/PSMP02	A	Stormwater Management Plan Details Sheet 1 of 2, prepared by ALTA Engineering	26/07/2018
Landscape
2017008-001	02	Landscape Specification, Prepared by Place Design Group	25/07/2018
2017008-004	02	Planting Schedules, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-101	02	Demolition Plans: Sheet 1, prepared by Place Design Group	25/07/2018
2017008-102	02	Demolition Plans: Sheet 2, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-103	02	Demolition Plans: Sheet 3, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-104	02	Demolition Plans: Sheet 4, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-105	02	Demolition Plans: Sheet 5, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-501	02	Tree Planting Plans: Sheet 1, prepared by Place Design Group	25/07/2018
2017008-502	02	Tree Planting Plans: Sheet 2, prepared by Place Design Group	25/07/2018
2017008-503	02	Tree Planting Plans: Sheet 3, prepared by Place Design Group	25/07/2018
2017008-504	02	Tree Planting Plans: Sheet 4, prepared by Place Design Group	25/07/2018
2017008-505	02	Tree Planting Plans: Sheet 5, prepared by Place Design Group	25/07/2018
2017008-601	02	Shrub Planting Plans: Sheet 1, prepared by Place Design Group	25/07/2018
2017008-602	02	Shrub Planting Plans: Sheet 2, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-603	02	Shrub Planting Plans: Sheet 3, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-604	02	Shrub Planting Plans: Sheet 4, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-605	02	Shrub Planting Plans: Sheet 5, prepared by Place Design Group As amended by Council in red	25/07/2018
2017008-914	02	Fencing Details, prepared by Place Design Group	25/07/2018
SITE SPECIFIC CONDITIONS
The applicant must ensure that the proposed civil works associated with this Operational Works approval are consistent with the layout and details (eg the approved building forms, Gross Floor Area, etc) of the higher order approval (MCU16/0143.01 or as amended).
PRIOR TO COMMENCEMENT OF WORKS
Engineering
All necessary approvals from external service providers (eg Unitywater) and external parties on which the development works are proposed have been obtained and a copy supplied to Council.
A condition report including photographs of the frontage of the site, the covenant area and trees to be retained must be completed and submitted to council prior to the prestart meeting and to any works commencing.
A condition report including photographs and/or video shoot/s of the critical sections of the haulage route/s (eg Grant Street) must be completed and submitted to Council prior to any works commencing.
Certificates demonstrating currency of public liability insurance and works insurance covering the works must be submitted to Council at the prestart meeting.
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245. The pre-start meeting must include the relevant parties for the following aspects of the works:
Civil engineering works;
Arborist or ecologist;
Erosion and sediment control works;
Other relevant parties
A Construction Management Plan must be submitted to Council prior to requesting the pre-start meeting and must specifically address the following:
Works programme identifying key components of the works and their respective durations.
A detailed Traffic Management Plan during all aspects of the construction phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to the earthworks commencement, including any necessary warning and traffic signage along the leading roads to the site (eg Grant Street) that ensure the safety of the roads’ users.
Details on approval/s and location/s of disposal sites for excavated material and of any imported fill material sources, the haulage route, type and size of vehicle/s to be utilised during earthworks operations and frequency and duration of usage.
(Note: Any damage to the existing road system as a result of haulage operations must be fully repaired at the applicant’s expense.)
A notification procedure to adequately notify the local residents and owners, particularly along the leading roads (eg Grant Street), who could be affected by the haulage operation.
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers, appliances and trucks.
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off.
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures, in compliance with the relevant standards and the conditions of this permit.
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
Any changes to the details associated with the supervising RPEQ or Principal Contractor during construction, must be notified to council in writing within five business days of the change occurring.
Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination prior to commencement of works.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites, the terms of the covenant and approved plans. The covenant area must be fenced off from the construction area prior to the commencement of works. The fencing must be suitable to prevent access by personnel and signed accordingly.
Any trees designated for removal in the covenant area on the approved plan set must be clearly marked for final inspection by Council’s delegate at the pre-start meeting. No removal of vegetation in the covenant area must occur unless permitted by Council’s delegate.
Three Eucalyptus tereticornis and two Eucalyptus robusta (minimum pot size 75mm) must be established in each of the covenant area C and D on SP195871 and maintained in good health thereafter.
The covenant areas C and D on SP195871 must be protected during construction from construction activities.
Fauna
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992 and the approved Fauna Management Plan.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Provide Council delegate with a written report of fauna protection inspection results and recommendations at the prestart meeting
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Clearing
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with the approved Arborist Report
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
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.
Oversee approved tree removal in proximity to retained trees.
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)
Vegetation removal, felling and lopping must:
Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
Mulch all other wood and leaf material (without root balls, soil or debris and minimising weed seeds) for re-usable mulch.
Have mulch for re-use in landscape or rehabilitation, stockpiled and aged for a minimum of three months.
Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation between piles.
Allow for existing endemic ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion, landscaped, rehabilitated and revegetated.
*(Refer to Advisory Note)
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Bushfire Management
A Bushfire Information Kit must be submitted for approval and endorsed as part of the Operational Works approval for the Driveway and Carparking. The kit must provide clear and practical instructions regarding the bushfire management requirements of the covenant area. These instructions are to be in plain English, logical format, provide concise direction for the management of the covenant area in accordance with the approved Bushfire Management Plan.
Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*. Certification of the completed landscape works must be provided to Council with any application for plan sealing.  All works must be completed in accordance with this Decision Notice.
* (Refer to Advisory Note)
Landscape works must:
Delineate all planting to grassed area interfaces with a timber edge where located on the road reserve.
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
*(Refer to Advisory Notes)
Public amenity trees* must:
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
*(Refer to Advisory Note)
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance.
DURING CONSTRUCTION
Engineering
The developer must meet any costs to repair damage to any Council asset during construction, where damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.
All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ) who is independent of the Developer and Principal Contractor, and they must certify that all works conform to the Operational Works permit. Where municipal works are involved, such confirmation must be submitted for the respective hold points prior to any site inspection by Council Officers.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans and conditions detailed in this Decision Notice
The relevant conditions of the higher order Material Change of Use approval Ref. MCU16/0143.01 to which this approval relates
The construction and traffic management plans as reviewed and agreed on by Council.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines
The latest version of the Healthy Waterways document “Water Sensitive Urban Design Technical Design Guidelines for South East Queensland” for all water quality devices to be constructed on site
Pavement Design and Construction
Pavement design for privately owned works must be undertaken in accordance with the relevant standards.  Structural integrity of the driveway and car park areas will remain the responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
Safe pedestrian access on all streets in the vicinity of the development must be maintained at all times. Should footpath/road closures be necessary to carry out construction works, Council’s Engineering Officer must be notified prior to the proposed closure and all requirements complied with.
All frontage works must match neatly with existing road and verge/footpath features. Additional works beyond the frontage may be required to provide an acceptable transition to existing road and verge/footpath profiles.
Any damaged concrete pathway, landscaping and kerb & channel must be repaired and rectified at the completion of the works to the reasonable satisfaction of Council.
Electrical conduits or other services proposed to be installed within existing and proposed road reserves under existing sealed carriageways, concrete pathways, concrete/sealed driveways or significant vegetation must be installed by boring. Trenching is not permitted, unless specifically approved by Council.
Any required street surfacing repair must consist of a minimum depth of 30mm of an approved hot mixed asphaltic concrete.
Earthworks and Retaining Walls
All earthworks shall be undertaken in accordance with the approved plans and the provisions of AS 3798 Guidelines on Earthworks for Commercial and Residential Development, with geotechnical testing undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and uniformity of fill shall be provided by a RPEQ and made available to Council if requested.
Fall protection must be provided to any retaining walls that are over 1m high.
Slope and batters are a maximum grade of:
1 in 6 where in proximity to waterbodies
1 in 4 for grassed areas.
1 in 3 for planted areas
1 in 2 for combined structural engineering and planting solutions.
Stormwater Drainage
Appropriate scour protection must be provided at the outlet of all stormwater pipes including temporary outlets.
Works associated with this permit must not adversely impact on the existing drainage conditions on other properties (eg by blocking or interfering with natural overland flows).
Construction of all internal stormwater drainage works must comply with the relevant section/s of Australian Standard AS/NZS 3500.3.
Environment (Erosion and Sediment Control)
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards (refer to E&SC Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes). For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
Damage to Services and Assets
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:
Where the damage would cause a hazard to pedestrian or vehicle safety, immediately. or
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.
FOLLOWING CONSTRUCTION
Certification
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the Operational Works permit.
On Maintenance
All municipal works (including any repairs to frontage works and/or hauling routes etc) must be accepted ‘On Maintenance’ by Council in accordance with Council’s relevant Planning Scheme Policy prior to plan sealing. To achieve ‘On Maintenance’, the supervising RPEQ must submit to Council:
Certification that all works have been undertaken and completed in accordance with the applicable standards and/or the requirements of this Permit.
As Constructed details in accordance with Council’s Planning Scheme Policy, if applicable.
Off Maintenance
Prior to requesting an Off Maintenance inspection the developer must provide a written request for the Off Maintenance inspection.
A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged where:
A Council inspection reveals works do not comply with the applicable standards.
A final inspection and approval of the completed reinstatement works by Council’s Inspector is required. Please contact Council on 5329 6245 to arrange for the inspection.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016, or its current amendment, must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
Contact Council on 5329 6245 to arrange a prestart or an inspection giving a minimum of 5 business days notice of preferred inspection time.
It should be noted prior to arranging a pre-start meeting the Right of Appeal Period of 20 business days should have been passed or the applicant has have confirmed by a letter or an email that he/she has accepted the conditions of Decision Notice and waived his/her appeal right.
If Council officers are required to undertake additional inspections of the same works, a reinspection fee will be applicable in accordance with Council’s Fees and Charges register applicable at the time.
A minimum maintenance period of 12 months will apply to all reinstatement works of municipal assets and thereafter until such time as the works are performing in accordance with the best engineering practices unless noted or agreed on otherwise.
Environmental Advisory Notes
The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and landscaping phases of this development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
Accepted best practice standards include:
the Sunshine Coast Regional Council Manual for Erosion and Sediment Control V1.2 or other superseding document subsequently adopted by Council;
Best Practice Erosion and Sediment Control, International Erosion Control Association (2008)
As a general rule, a site is determined to have achieved effective short-term stabilisation if at the time of the plan sealing inspection:
Methods of stabilisation are:
appropriate for slopes and slope lengths; and
are consistent with best practice environmental management practices such as in the Manual for Erosion and Sediment Control or the IECA Manual; and
Stormwater runoff from the site is not currently, and is not likely to result in visible evidence of sedimentation or erosion, or lead to water contamination.
If at the time of request for plan sealing, the method of short-term stabilisation has not achieved a level of stability that Council's Officers believe will have a high probability of achieving long term stability (i.e. until house construction has occurred on all lots), Council Officers may take the following matters into consideration in determining whether the site is capable of achieving medium to long-term stability:
evidence that the site has been effectively stabilised in the short term;
evidence that soil has been adequately ameliorated;
evidence that seed of annual and perennial grass species has been applied at an adequate rate; and
that grass seed has germinated at a density that is likely to achieve an effective grass cover.
For example, while hydromulch can provide an immediate and effective stabilising cover to soils, the protective cover can be relatively short-lived if vegetation fails to establish before the thin layer of mulch decomposes. So if hydromulch is selected as the method of temporary short term stabilisation, Council Officers will seek to confirm that perennial as well as annual grasses are well established at the time of plan sealing to reduce the risk of instability of the site in the medium to long term. As a general rule, hydromulch will only be accepted as a “patch” fix and should comprise no more than 20% of the exposed site area due to the high risk of failure. Due to the requirement to progressively stabilise exposed areas, it is not envisioned that this will present any difficulties for an appropriately managed and compliant site
Qualified Persons and Public Amenity Trees
Qualified Person, for the purpose of:
Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
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:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Undertaking Fauna site works and calculating compensatory habitat is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
Public amenity trees are defined as any tree located within public streets, parks or areas that will become publically owned as a result of this development.
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	Driveway and Carparking
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights
Approved Plans/Documents
cc.	Unitywater

	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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ee) NOOSA COUNCIL