Council archive · source document
Minor Change Existing Approval 132006 272 01 (3) · 132006.272.01
Officer: Andrew Gaffney
Direct Telephone: 07 53296284
Our Reference: 132006.272.01
Your Reference: 002826
8 November 2024
SG Myrteza & DA Sexton & Tonges Snape Family P/L TTE
C/- RG Strategic Australia
PO Box 1818
NOOSA HEADS QLD 4567
[email protected]
[email protected]
Dear Sir/Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 14 June 2024, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132006.272.01
Street address: 1 & 2/11 Angler St Noosa Heads Qld 4567
Real property description: Lot 1 & 2 SP 221905
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
The following type of approval was issued on 14 August 2024.
• Development Permit for Material Change of Use of Premises – Duplex Dwelling
In relation to the request to make a minor change to the existing approval, Council on 5 November
2024, decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend Condition 1.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
Page 1 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 10 pages
Page 2
4. ASSESSMENT MANAGER CONDITIONS
Land Use
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are referenced;
Plan No. Rev. Plan/Document Name Date
AO1 1 Floor Plan prepared by RG Strategic 16/2/2022
(as annotated by Noosa Council)
AO2 1 Floor Plan and Site Plan - prepared by RG 16/2/2022
Strategic (as annotated by Noosa Council)
0601.SK01 A Basement Plan, prepared by Kidd & Co January 2006
0601.SK04 A Level 3 Plan, prepared by Kidd & Co January 2006
0601.SK05 A Elevations 1, prepared by Kidd & Co January 2006
0601.SK06 A Elevations 2, prepared by Kidd & Co January 2006
(as annotated by Noosa Council);
0601.SK07 - Lower Floor GFA, prepared by Kidd & Co January 2006
0601.SK08 A Upper Floor GFA, prepared by Kidd & Co January 2006
and as may be amended by these conditions.
2. 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 cre4ation of excessive noise,
lighting nuisance or other emissions.
3. 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. The submitted
landscape plan shall detail the following:-
a. The retention of the Jacaranda, Cyprus and Poinciana Tree located towards the front
of the site and within the road reserve;
b. The retention of the Tea Tree and Wheel of Fire Tree located along the southern
boundary of the site;
c. The provision of 4 x 100 litre replacement native species in the general vicinity of the
Box Trees proposed to be removed; and
d. The provision of dense screening vegetation along the rear properly boundary
(including the existing vegetation) in order to screen the raised pools from adjoining
properties.
4. All fencing shall be setback at least 1 metre from the front property boundary, with at lease3
half of the fencing setback 2 metres. The area of land between the fence and the front
property boundary shall be densely landscaped to screen any fencing from the street.
5. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
Page 2 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 3
a. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
b. Disposal for firewood.
c. Disposal for landscaping purposes.
d. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternative site to be used for this purpose.
e. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are
submitted.
f. The Applicant is advised that burning off is an unacceptable method of disposal.
6. All hot water systems installed shall be either solar4 systems; electric heat pump systems;
or gas systems (LPG or natural).
7. The proposed development shall have all kitchen, laundry and bathroom fittings that comply
with AAA Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient
Products – Rating and Labelling 2003) and AS/NZS 3500 ( Natural Plumbing and Drainage
Standard Part 1.2), with toilets to comply with AAAA Water Conservation rating System. All
tap ware and shoer roses shall not exceed a maximum flow of 9 litres per min. Dishwasher
and washing machines are excluded from this requirement.
8. Verification survey of the building is to be carried out by a licensed Surveyor and a certificate
lodged with Council at completion of works confirming compliance with the maximum
allowable building height as required by either the conditions of approval or the Planning
Scheme.
9. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
thus remaining open structures.
10. The natural ground level shall be reinstated around the baseme3nt, and certification lodged
at the completion of construction confirming compliance with this condition.
11. Deleted.
12. Deleted.
13. Security in the form of a cash bond or trading back guarantee to the sum o9f $10 000 must
be submitted, to secure performance of all conditions of this approval, prior to the issue of a
Development permit for Operation Works. The cash bond or trading back guarantee will be
returned on performance of the conditions of approval less any cost incurred by Council in
respect of performance of this permit.
14. 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.
15. The developer must obtain all of the other Development Permits referred to in the Decision
Notice, prior to obtaining a Development Permit for Building Works.
16. The Development Permit for a material change of use of the premises lapses if the use has
not happened by 14 August 2010 unless an application to extend the currency is approved
by Council.
Land Development
Vehicle Access
17. A vehicular access driveway to serve the development shall be constructed from the Angler
Street frontage of the site with a maximum width of 5.5m.
Page 3 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 4
18. The driveway shall be designed and constructed to Council’s design standards and to grades
that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians
movements along the footpath without any level difference. Should any driveways be
constructed to grades that do not comply with AS/NZS 2890.1-2004, Council will require that
the driveway be removed and reconstructed to levels that do comply.
19. All vehicles shall enter and leave the site in a forward direction.
Carparking
20. Carparking shall be provided within the site generally as shown on drawing number
0601.SK01A dated Jan 06 by Kidd & Co, except as modified herein.
21. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004
for user class 1A with allowance for vehicles to enter and leave the site in forward gear and
with a minimum head clearance (headroom) at any point of 2.2m.
22. All carparking shall be kept and maintained in a condition fit for use.
Park Contributions
23. A Park contribution of $2,85 towards the acquisition of additional parkland or the
improvement of existing parkland and facilities in the locality shall be paid to the Council prior
to obtaining a Development Permit for Operational Works in accordance with Council’s
Planning Scheme Policy PSP24 Park Requirements for Development Applications. This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
March 2006 until the date of payment.
Frontage Works
24. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
Angler Street frontage of the site in accordance with Planning Scheme Policy PSP1
Landscaping Guidelines. Grass shall be couch, free of weeds.
25. A contribution of $1,670 towards the construction of footpaths in the Angler Street local area
shall be paid to Council prior to obtaining a Development Permit for Operational Works. This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
March 2006 until the date of payment.
26. All redundant vehicular crossings to the site shall be removed and replaced by kerb &
channel, footpath paving and landscaping such as trees and grasses in accordance with
Council’s Standard specifications prior to commencement of the use permitted by this permit.
Pathway Contributions
27. A pathway contribution of $641 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the
Council prior to obtaining a Development Permit for Operational Works. This amount will be
subject to variations in the Consumer Price Index, All Groups Brisbane from March 2006 until
the date or payment.
Stormwater Drainage
28. All stormwater drainage shall be collected on site and discharged so there is not net increase
in stormwater runoff from the site. Stormwater drainage permitted to drain from the site shall
be discharged to Council’s kerb & channel street drainage system in Angler Street. Plans
of the drainage design shall be prepared by a Registered Professional Engineer and
submitted to Council prior to obtaining a Development Permit for Operational Works.
The maximum discharge of stormwater drainage allowable to Council’s kerb and channel
street drainage system at any one location if 25 litres/second.
Page 4 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 5
29. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
(minimum storage 3000 litres per dwelling/unit) that is installed to ensure water from the tank
can be used for swimming pools outdoor cleaning, etc) and for use in flushing of toilets
internal to the dwelling. All rainwater tanks are to be designed band installed in accordance
with Queensland Development Code (QDC), Part 25 – Rainwater Tanks, and shall be part
of the plumbing application in conjuct6ion with the building approval. The location and
capacity of the tanks shall be clearly shown on the plans submitted for Building Works
approval and any overflow shall be directed to the road drainage.
30. All site stormwater drainage shall be by means of gravity system.
Sewer Mains
31. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to Council.
32. The existing sewer mains that traverse the site adjacent to the southern and western property
boundaries and the ‘zone of influence’ (taken as the area within a 45 degree angle measured
from the invert of the sewer main to be finished surface level) of each sewer main shall be
accurately located and determined by a licensed Surveyor and show on all plans submitted
for Operational Works approval.
To ensure Council’s sewer mains are accessible for maintenance purposes and are
protected from risk of damage no structures requiring a building permit (eg. buildings,
swimming pools, raised decks, etc) shall be constructed within this ‘zone of influence’ and as
such the applicant shall amend Operational Works plans including Building plans to ensure
compliance. To this end the proposed pools and raised decks shall be modified to ensure
that not structures stands with the ‘zone of influence’ of the sewer mains.
Town Water Supply
33. The site shall be connected to Council’s existing town water supply and be constructed in
accordance with Council’s standards and requirements at not cost to Council.
34. Each water connection to the water reticulation system shall extend to the properly boundary
and be metered. Where multiple units are served by a single service, multiple water metres
to be each individual unit shall be installed. All fees for the supply of water meters shall be
paid to the Council.
Service Easement (Sewer)
35. A registered easement shall be created over the zone of influence of all sewers within the
subject site and over those parts of the subject site that are impacted upon by sewers on any
adjoining sites. The easements shall generally be parallel to a centred over the sewer main
and be equivalent in width to twice the depth to invert level of the sewer at the deepest point
within the allotment (measured from the finished surface) and be no less than 3.0m. In this
regard a licensed surveyor shall accurately locate all sewer mains determine the necessary
width of the easement, which shall be shown on any plans submitted for Operational Works
/ Building Works approval. To this extent the surveyor shall certify that the sewer and the
zone of influence is wholly contained within the easement to be created.
In addition to this Applicant’s Solicitor shall give Council’s Solicitor and appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the
Land Titles Office and any additional Titles Office forms or requisitions requiring the consent
of Council will be attended to promptly.
A duty executed copy of the easement shall be submitted to Council for perusal prior to the
use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
36. No building or other structure shall be constructed or encroach over an easement.
Page 5 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 6
Headworks Contributions
37. Contributions shall be paid to Council in accordance with Planning Scheme Policies PSP28
and PSP30 on Water Supply Headworks Contributions and Sewerage Headworks
Contributions respectively and at the rates applicable at the time of payment. An estimate
only of the contributions rats under the currently policies is outlined below. These amounts
will adjust in line with changes to the Co0nsumer Price Index, All Groups Brisbane from
March 2006 until date of payment.
Water Supply $4,465
Sewerage $2,053
TOTAL $6,518
All headworks contributions must be paid prior to the issue of a Development Permit for
Operational Works.
Alternatively, a trading bank guarantee shall be submitted to Council plus 20%. Should the
headworks contributions not be paid at the due time, Council shall call upon the trading bank
guarantee in full.
In the event that the Development Permit for Material Change of Use3 of Premises lapses or
is cancelled, the contribution or trading bank guarantee will be returned.
Earthworks
38. Earthworks carried out on sire shall not affect existing Council sewer mains or the structural
integrity of any of the existing fence and/or structure that border the development site.
Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate
of classification. In this regard any fences to be re4placed shall be clearly shown on the
plans submitted for Operational Works approval.
Site Stability
39. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site,
determine the soil classification, establish whether any measures are required to protect
existing Council sewer mains, the stability of adjoining buildings and/or structures and/or
land, and make recommendations on the type of foundation system(s) best suited for the
proposed development. The recommendations of this report shall be incorporated into the
design and construction of the proposed development.
40. A Geotechnical Engineer or similar qualified expert shall certify that the existing site and soil
conditions are suitable to cater for the proposed stormwater infiltration without adversely
affecting the downstream properties and existing Council sewer mains. This certification
shall be submitted to Council prior to the issue of any Operational Works approval.
Erosion and Sediment Control
41. Any person acting on this permit shall prevent erosion and sediment export from leaving the
site. Site control measures such as silt fencing, controlled gravel access to the site and
controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required
to be submitted to the Council for approval prior to obtaining a Development Permit for
Operation Works.
General
42. A suitably qualified Registered Professional Engineer shall prepare engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction with an
application for Development Permit for Operation 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.
Page 6 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 7
43. Digital detail drawings and calculations shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage
works. The design shall be in accordance with Co0uncil’s Planning Scheme Policy 5 –
Engineering Design Standards – Roads, Draining and Earthworks. To avoid conflict with
underground pipes or services, all existing and proposed services required by the
development shall be shown on the plans.
44. Any damage caused to any public utility during the course of construction shall be repaired
to Council’s standards and at no cost to Council.
45. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
46. The transportation of all materials to and from the site shall be undertaken I a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to
or from the site shall be covered to prevent materials including dust being windblown from
the vehicle.
Environmental Health
47. A Waste Management Plan (Demolition/Construction) in accordance with the Planning
Scheme Policy “Waste Management Multi Dwellings and Commercial and Industrial
Premises”, shall be submitted for the demolition and construction phases of the development
and approved by Council’s Environmental Health Section prior to the issue of the
development permit of Operational Works. The Plan shall contain the following information:
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected Waste Estimated On-site Off-site *specify *specify
Material Volume *specify contractor and contractor
(m3) proposed re- recycling outlet and landfill
use or on-site site
recycling
methods
Excavation material
Green Waste
Bricks
Concrete
Timber-please specify
Plasterboard
Metals-please specify
Asbestos
Other-please specify
Note: Details of site area to be used for onsite separation, treatment and storage (including
weather protection) shall be provided on the plan drawings accompanying your application.
48. Noise emission from swimming pool and spa equipment (including heating equipment) shall
comply with the following requirements:
a. The equipment shall be installed and located in a manner that prevents excessive noise
accordance with Council’s Local Law No. 12 – Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
b. A person must not use equipment on any day if it makes or causes noise to be made
–
i. From 10pm to 1am: which is audible outside the most exposed part of an
affected building.
ii. From 7am to 7pm: More than the lower of either –
• 50 dB(A)
Page 7 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 8
• 5 dB(A) above the background noise level.
iii. From 7pm to 10am: More than 3 dB(A) above the background noise level.
49. Noise emission from air condition equipment shall comply with the following requirements:
a. The equipment shall be installed and located in a manner that prevents excessive noise
in accordance with Council’s Local Law No. 12 – Control of Nuisances. Infringement
Notices (on-the-spot fines) may apply for offences.
b. Submission of written certification from a suitably qualified person confirmation that the
noise levels comply when measured at either the residential boundary or outside the
most exposed part of an affected building, whichever is the closed to the equipment.
This is required immediately after installation of the equipment and prior to any
occupation of the building, and in a format approved by Council. This assessment
must take into account noise from any other fixed equipment on the property e.g.
swimming pool pump, heating equipment, that may increase the overall noise level
emitted.
i. A person must not use equipment on any day if it makes or causes noise to be
made –
ii. From 10pm to 7am: More than the lower of either -
• 40 dB(A)
• 3 dB(A) above the background noise level
iii. From 7am to 7pm: More than the lower of either -
• 50 dB(A)
• 5 dB(A) above the background noise level
iv. From 7pm – 10pm More than 3 dB(A) above the background noise.
5. REASONS FOR APPROVAL
Not applicable.
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:
1. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Mahor Road Network Infrastructure
Charges Plan for the estimated amount of $993 and is subject to variations in the Consumer
Price Inde, All Groups Brisbane from March 2006 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 2997.
2. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for
infrastructure charge notices issued separately.
3. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3
(as amended) and Part 5 of Standard Building Regulation 1993 in all respects. Direct access
from the dwelling to the pool enclosure is not permitted.
4. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a building or building contractor carrying out building works on a
building site in a way that makes or causes audible noise to be made from the building work:-
a. On a Sunday or public holiday, at any time: or
Page 8 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 9
b. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
5. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disability Discrimination Act (DDA) in regard to the installation of
disabled access and the provision of disabled facilities, and that access to this building and
the provision of sanitary facilities may need to comply with the requirements of Section D
Part D3 and section F Section F clause F2.4 of the Building Code of Australia.
6. Pursuant to the Building and construction Industry (Portable Long Service Leave) 1991 Act
if this cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved from issued by the Building and Construction Industry (Portable Longe Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A
statutory declaration outlining the cost of the operational works must be submitted to Council
with
Infrastructure Charges
7. 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-
development/development-tools-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 Building Works All Building Works
Development Permit for Operational Works Access and/or Carparking; Stormwater
Drainage; Frontage Works; Excavation of
materials to fill another site and Landscaping.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
13. 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.
Page 9 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 10
Yours faithfully,
Andrew Gaffney
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 14 August 2006
• Negotiated Decision Notice – 9 October 2006 - with an amendment to conditions3.4 & 25 and delete conditions 11 & 12.
• Decision Notice - Minor Change – 132006.272.01 – 5 November 2024 - with an amendment to condition 1.
Page 10 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Page 11
Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 11 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024
Used in these records
Minor Change Existing Approval 132006 272 01 (3).pdfRelated documentApplication case desk ↗
About this file
- File size
- 198 KB (small file)
- File type
No other editions are linked here.