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Minor Change Existing Approval 132006 272 01 (3) · 132006.272.01

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                                                                               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
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               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:-




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                      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.



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               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.




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               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.




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               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.




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               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)



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                                       •   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



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                      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.




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               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.




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                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                 Page 11 of 11
Document Set ID: 23339788
Version: 3, Version Date: 08/11/2024

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