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Minor Change Existing Approval 51986 3023 05 · 51986.3023.05

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                                                                               Officer:            Andrew Gaffney
                                                                               Direct Telephone:   07 53296284
                                                                               Our Reference:      51986.3023.05
                                                                               Your Reference:     n/a

               27 May 2024


               Body Corp - La Mer Noosa Cts7193
               C/- Pivotal Perspective Pty Ltd
               4/59 Mary Street
               NOOSAVILLE QLD 4566
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 25 March 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:              51986.3023.05

                   Street address:              37 Hastings St Noosa Heads Qld 4567

                   Real property description:   BUP 8083

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               The following type of approval was issued on 20 January 1987
               •       Town Planning Consent Permit - Multiple Dwelling of 9 Units and 4 Shop
               In relation to the request to make a minor change to the existing approval, Council on 22 May 2024,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Include additional condition 46
               C.      Refuse to amend condition 46 to include landscape plans for the following reasons;
                       •   The requested landscaping of the existing garden bed directly to the north of the site is
                           external to the site and not within the property description and planning area for the
                           application. The proposed landscaping is not endorsed as part of this change request




               ABN 97.969.214.121                                                                 PO Box 141
               noosa.qld.gov.au                                                            Tewantin QLD 4565
               [email protected]                                                            07 5329 6500
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               3.     CURRENCY PERIOD OF APPROVAL

               To be read in conjunction with previous approvals for TPC 1845 (attached)
               Amended conditions April 2015
                      Approved Plans
               35.    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
                           WD.202      P4     Roof Terrace Plans, prepared by Carol Tretheway        February 2015
                                              Design
                           WD.203      P4     Roof Plans, prepared by Carol Tretheway Design         February 2015
                           WD.601      P4     Sections, prepared by Carol Tretheway Design           February 2015

                      Building Height
               36.    The maximum height of the vergola must not exceed the height of the existing structure or
                      that indicated on the approved plans whichever is the lessor.
               37.    The alfresco dining and BBQ area on the north and western sides must not be enclosed by
                      permanent fixtures such as shutters, louvers, glass panelling or the like. An exception is made
                      to the southern facing wall of Unit 11 which is permitted to be partially enclosed by an Accoya
                      timber screen as per the approved plans.
               Amended conditions 17 November 2020
               21.    (Amended 17 November 2020) Landscaping shall be established and maintained in
                      accordance with Project Plan No. 2022009 Rev (B), titled Landscape Plan, Plant Schedule
                      Specifications, prepared by John Hope Design and PSP 2 Landscaping. To minimise the
                      extent of hard pavement, the approved landscape plan must include the following
                      amendments:
                      a.      The garden adjacent to the western entry stairs (high side) must be a minimum of
                              0.75m wide for its full length proposed, including the portion along the northern
                              boundary; and
                      b.      The eastern garden starting from the pool extending to the stairs near the new shower
                              must be a minimum of 0.75m wide and must include 1 feature tree that grows to a
                              minimum height of 3m.
                      c.      Vegetation in the garden outside the northern property boundary must be retained;
                      d.      The amended plan must be submitted to Council prior to the issue of a building permit
                              for the works.
                      17 November 2020 - 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
                           202009      (B)    Landscape Plan, Plant Schedule, Specifications,        N/D
                                              prepared by John Hope Design and as annotated by
                                              Council
                           WD 1.3      A      Ground Floor Plan – proposed, prepared by Sparks       07.10.20
                                              Architects
                           WD 1.4      A      Pool Floor Plan – existing + demolition, prepared by   07.10.20
                                              Sparks Architects

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                           WD 1.5        A      Pool Floor Plan – proposed, prepared by Sparks           07.10.20
                                                Architects and as annotated by Council
                           WD 2.1        B      North Elevation, prepared by Sparks Architects           28.10.20
                           WD 2.2        A      East Elevation, prepared by Sparks Architects            07.10.20
                           WD 2.3        A      West Elevation, prepared by Sparks Architects            07.10.20
                           WD 3.3        A      Section C, prepared by Sparks Architects                 07.10.20
                           WD 3.5        A      Section E, prepared by Sparks Architects                 07.10.20
                           WD 3.6        A      Section F, prepared by Sparks Architects                 07.10.20
                           WD 3.7        A      Section G, prepared by Sparks Architects                 07.10.20
                           WD 8.4        A      Pool internal Elevation, prepared by Sparks Architects   07.10.20

                      Performance Bond
               38.    Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to pre-
                      start meeting. The cash bond or trading bank guarantee will be returned on performance of
                      the conditions of approval less any costs incurred by Council in respect of enforcing
                      performance of this permit. Council reserves the right to call upon the bond or guaranteed
                      sum to effect compliance with conditions.
                      Works
               39.    All works must be undertaken outside of all school holidays.
               40.    The 2 pathways connections extending from the site at the eastern and western beach
                      access points to the Council boardwalk must:
                      a.      be constructed in accordance with the approved plan;
                      b.      be constructed with a suitable slip resistant surface;
                      c.      be constructed at the same level as the adjacent boardwalk and match smoothly with
                              the boardwalk; and
                      d.      the adjacent landscaped areas must be filled to the level of the pathway to eliminate
                              any trip/fall hazard.
               41.    A Construction Management Plan must be submitted to and approved by Council prior to the
                      issue of a Building Permit. The Construction Management Plan must address the following:
                      a.      site access points for workers, deliveries and heavy machinery;
                      b.      traffic management during all aspects of the construction phase including:
                              i.       a Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction;
                              ii.      maintenance of safe pedestrian access for the areas affected by the works during
                                       and after daily construction has ceased;
                              iii.     proposed fencing to the site during the construction phase of the development;
                                       and
                              iv.      provision for worker car parking and delivery/waste areas.
                      c.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures;
                      d.      works programme identifying key components of the works and their respective
                              durations



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                      e.      establishment of a communication protocol with the general public, adjoining owners,
                              emergency services and local businesses to advise of agreed construction times,
                              impacts on traffic, services and other relevant issues
                      f.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager;
                              ii.      dispute resolution procedures; and
                              iii.     signage locations displaying the abovementioned details
                      g.      details on the location of external fill/dump sites/sources, the haulage route, type of
                              vehicle to be utilised during operations and frequency of usage. NB any damage to the
                              existing road system as a result of haulage operations must be fully repaired at the
                              applicant’s expense.
               42.    Prior to any works (including demolition works) commencing a pre-start meeting is required.
               43.    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 6500. The
                      pre-start meeting must include the relevant parties for the following aspects of the works:
                      a.      Demolition and building;
                      b.      Civil engineering works;
                      c.      Landscape works;
                      d.      Erosion and sediment control works;
                      e.      Other relevant parties.
                      Approved Plans – 19 August 2021 & 25 January 2023
               44.    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
                           A111          L       Proposed Apartment Floor Plan, (Unit 8) prepared by
                                                 Natani Design
                           A112          L       Proposed Roof Top Terrace, (Unit 11) prepared by         16.07.2021
                                                 Natani Design
                           A202          L       East Elevation, (Unit 11) prepared by Natani Design      16.07.2021
                           A203          L       North Elevation, (Unit 11) prepared by Natani Design     16.07.2021
                           A211          L       3D East View – Proposed, (Unit 11) prepared by Natani    16.07.2021
                                                 Design
                           A212          L       3D North Views, (Unit 11) prepared by Natani Design      16.07.2021
                           DD 0.1        A       Cover page prepared by Sparks Architects                 26.08.2022
                           DD1.2         A       Ground Floor Plan prepared by Sparks Architects          26.08.2022
                           240922/01     A       Landscape Plan Ground Floor prepared by John Hope        Sept 2022
                                                 Designs as amended by Council with the 2 Pandanus
                                                 pedunculatus replaced with Syzygium austral ‘Pinnacle’
                           DD1.3         A       Level 1 Floor Plan prepared by Sparks Architects         26.08.2022
                           240922/02     A       Landscape Plan Level 1 prepared by John Hope             Sept 2022
                                                 Designs
                           DD1.4         A       Level 2 Floor Plan prepared by Sparks Architects         26.08.2022




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                         240922/02     A      Landscape Plan Level 2 prepared by John Hope           Sept 2022
                                              Designs
                         DD1.5         A      Level 3 Floor Plan prepared by Sparks Architects       26.08.2022
                         240922/03     A      Landscape Plan Level 3 prepared by John Hope           Sept 2022
                                              Designs
                         DD1.6         A      Roof Plan prepared by Sparks Architects                26.08.2022
                         DD2.1         A      South Elevation prepared by Sparks Architects          26.08.2022
                         DD3.1         A      Section A prepared by Sparks Architects                26.08.2022

                      Damage to infrastructure
               45.    Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
                      bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
                      Approved Plans – 22 May 2024
               46.    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
                         WD 1.1        B      Floor Plan                                             15.05.2024
                                              as annotated by Council
                         WD 1.2        A      North Elevation                                        11.03.2024
                                              as annotated by Council
                         WD 1.3        A      Detail Elevation                                       11.03.2024


               4.     REFERRAL AGENCIES

               Not Applicable
               5.     ADVISORY NOTES

               The following Advisory Notes are for information purposes only and do not form conditions of
               approval:
                      Equitable Access and Facilities
               1.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia – (Volume One)
                      Part D3 as they relate to people with disabilities. Your attention is also directed to the fact
                      that in addition to the requirements of the National Construction Code as they relate to people
                      with disabilities, one or both of the following may impact on the proposed building work:
                      (a)       The Disability Discrimination Act 1992 (Commonwealth)
                      (b)       The Anti-Discrimination Act 1991 (Queensland)
                      (c)       The Disability (Access to Premises – Buildings) Standards
                      Aboriginal Cultural Heritage Act 2003
               2.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the Act can also issue stop orders for an activity that

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Page 6

                      is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of
                      Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any
                      obligations under the ACH Act.
                      New Advisory Note – 17 November 2020
               3.     A separate council permit is required for any works in the public space.
                      Infrastructure Charges
               4.     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.
               6.     PROPERTY NOTES

               Not Applicable
               7.     VARIATION APPROVAL DETAILS

               Not Applicable
               8.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not Applicable
               9.     SUBMISSIONS

               There were 10 properly made submissions about the original application
               10.    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.
               11.    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,




               Andrew Gaffney
               Senior Development Planner

               Enc:   Appeal Rights
                      Approved Plans/Documents
               cc.    Unitywater




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               DECISION NOTICE HISTORY
               •   Original Decision Notice - 20 January 1987.
               •   Decision Notice - Minor 51986.3023.05 – 22 May 2024 and additional conditions 46 and refuse to include landscape plans.




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[OCR of page images]
Ns

Town Planning Dept..

TPC 1845

21st November, 1986.

Siemon & Brinkley,
Solicitors,

P.O. Box 695,
NOOSA HEADS. 4567

Dear Sirs,

Your

Re:

TPC 1845 - Talabar Pty. Ltd. Multiple Dwelling Nine (9) Units
and Four (4) Shops, 37-39 Hastings Street, Noosa Heads.

application was considered by Council at its meeting on 18th November,

1986~

Council resolved to propose to approve your application as shown on Plan
Numbers 317-SK3, 317-SK4, Option B, subject to conditions listed below:

1

4.

Document Set ID: 23033864

Compliance with 411 relevant provisions of the Town Planning Scheme,
Chapter XLIV (Town Planning) and other Council Policies.

The site shall be developed substantially in accordance with the plans
forming part of and approved with this application.

In accordance with Section 33 (16D) of the Local Government Act 1936,
Council's approval is valid for a period of two (2) years at the
expiration of which period the Council may take action to revoke its
approval, if in the opinion of the Council substantial progress has not
been made in erecting the building or other structure the subject of
the Consent Permit; or the land, subject to the Consent Permit, is not
being used substantially in accordance with the purposes for which
consent was granted.

To ensure compliance with any and all conditions of this approval
Council will require that you enter into a Bank Guarantee of $25,000 to
secure performance. The guarantee shall be lodged with Council prior
to the issue of a Building Permit. Any costs incidental thereto will
be borne by the Developer.

The conditions of this approval are to be completed prior to the
occupancy of the building and if this is not done, Council reserves the
right to call on the bank guarantee lodged to carry out the works
involved.

secafd

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[OCR of page images]
Letter to SIBSMON & BRINKLEY 20/11/86. TPC 1845 TALABAR _P/L Page 2.

10.

1.

12.

136

14.

15.

Document Set ID: 23033864

Contributions shall be paid in accordance with Council's Policy on
Water Supply and Sewerage Headworks. Such contributions shall be paid
within fourteen (14) days of building approval. Contributions shall be
payable at the rate current at the date of payment.

Current figure is estimated at:-

Water Supply - $10940
Sewerage - $4458
(Plus P.I. index rises from September, 1986).

Payment of any outstanding rates owing on the property.

This consent approval does not imply Building Approval. Working
4@rawings shall be submitted in compliance with the Building Act 1975 as
amended and shall be substantially in accorance with the plans the
subject of this consent. (Substantial variations will require separate
Council approval).

The approval herein is for Town Planning Consent only and does not
imply that Council approval will be granted to an application under the
Building Units and Group Titles Act.

Permanent covered car parking is to be provided on site for 16 vehicles

All internal roadworks (including parking areas) and access from the
existing frontage road to connect to the internal roadworks shall be
provided with a sealed pavement, which shall be designed, drained,
constructed and maintained in accordance with the standard and
requirements of the Shire Engineer.

Plans and specifications for the akove works shall be submitted to the
Shire Engineer for approval prior to the issue of & Building Permit.

The Developer shall bear the cost of alteration of any public utility
or facilities necessitated by the development of the land or associated
development external to the site.

Connection to Council's existing water supply reticulation at the

Developer's expense to the standards and requirements of Council's
Building Surveyor.

Connection to Council's existing Sewerage reticulation system at the
Developer's expense to the standards and requirements of Council's
Building Surveyor.

Filling levels and floor levels of all buildings, other structures and
car park area levels shall be established to the requirements of the
Shire Engineer. Such levels shall be provided upon application to the
Engineering Department.

wef 3

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Page 10

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Letter to SLEMON & BRINKLEY 20/11/86. TPC 1845 TALABAR P/L Page 3.

16+

7.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

Document Set ID: 23033864

Filling, other development works or the erection of any buildings or
other structures shall be carried out so as not to cause any ponding of
water on adjoining land or any blockage or interference with natural
watercourse or in any other way unduly affect adjoining property.

No earthworks or filling shall be carried out on site until the issue
of a Building Permit.

Stormater, including that from the roofed and paved areas to be piped

to Council's exiatin drainage system at the developer's expense to the
standards and requiréments of Council's Building Surveyor.

Nn identification survey of the subject site is to be carried out by a
Licensed Surveyor and is to be submitted to Council at the time of
foundation inspection by Council's Building Surveyor or immediately
thereafter. Such survey shall set out the boundaries of the site and
the position of the buildings on the site.

The applicant shall cause minimum disturbance to natural flora and
shall only remove that vegetation which would impede building
operations. Where practicable, revegetation of the site is te be
carried out following completion of building activity.

landscaping shall be establishea and maintained in accordance with a
landscaping plan approved by Council. Such Plan shall be prepared in
accordance with the provisions of the Noosa Design Manual.

No signage is approved as part of this consent. Further application to
Council is required for signage prior to erection and regard shall be
given to the Noosa Design Manual in preparing such an application.

The subject site shall be cleared of noxious weeds prior to the issue
of a Building Permit by Council.

All lots that form part of this application shall be amaigamated in
title prior to the issue of 4 Building Permit.

Location points for mail delivery shall be to the requirements of
Australia Post.

The swimming pool shall be licensed annually with the Council's Health

Department in accordance with the provisions of Chapter 42 of Council's
Bylaws.

Any flat, unit, intended to be let out for fee or reward shall be

licensed annually with Council's Health Department in accordance with
the provisions of Chapter 43 of Council's By-Laws prier to such
letting.

Adequate facilities shall be provided in accordance with the provisions
of the Refuse Management Regulations 1983 for the storage and
collection of refuse to the satisfaction of Council's Health Surveyor.

senef 4

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[OCR of page images]
Letter to SIBMON & BRINKLEY 20/11/86. TPC 1845 TALABAR P/L Page 4.
29. Approval of the Beach Protection Authority shall be obtained prior to
the issue of a Building Permit by Council.

30+ An additional setback of two metres shall be made on the Hastings
Street frontage of the shops for landscaping purposes. ———~——

34+ Council will require a contribution of $1,500 towards payment of
construction of the paved walkway on the Esplanade of the property. ——-""~ >

32. The developer shall contribute towards roadworks and landscaping in
accordance with the Hastings Street policy. The contribution shall be
paid within 14 days of issue of a Building Permit. The contribution
payable is $4,234 plus CPI from September, 1986.

33. Pour (4) shops only are permitted. —

34. Any sand to be extracted from the site shall be deposited on Noosa Main _
Beach as directed by the Shire Enginer.

Enclosed for your use are:
(a) List of names and addresses of objectors against your proposal,

(b> Copies of relevant parts of the Local Government Act outlining appeal
rights against Council's decision.

Yours faifhfully,

Dede ilpot,
SHIRE CLERK.

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[OCR of page images]
TPC 1845 ~ TALABAR PTY. LID

LIST OF OBJECTORS

Gail Joly,

12 Dame Patti Drive,
Sunrise Estate,
SUNSHINE BEACH. 4567

Db. Rooney & D. Massoud,
27 Elizabeth Street,
NOOSAVILLE. 4566

Le Massoud,
27 Blizabeth Street,
NOOSAVILLE. 4566

D. Grant,
Unit 10, Timana,
NOOSA HEADS. 4567

G-A. Manning,
Iot 5, Cooroy-Noosa Road,
TINBEERWAH. 4563

M. Timbs,
64 Varina Street,
NOOSA HEADS. 4567

P. McNaught,
34 Bridge Road,

“NORTH RYDE. 2113

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I. Skelton,
81 Cooyar Street,
NOOSA HEADS. 4567

N. Burns,

Shop 1, Laguna Court,
Hastings Street,
NOOSA HEADS. 4567

a. King,
196 Mary Street,
GYMPIE. 4570

 

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Page 13

                                                                              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 13 of 13
Document Set ID: 23033864
Version: 3, Version Date: 28/05/2024

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