Original source · versioned page text
Approved Decision Notice - DBW25 0144 & OPW25 0188 (As Published)
Officer: Tiani Bird
Direct Telephone: 07 5329 6245
Our Reference: DBW25/0144
OPW25/0188
Your Reference: 20251018
29 January 2026
CA Campbell
C/- Adapt Development Management P/L
PO Box 7618
SIPPY DOWNS QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 28 January 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: DBW25/0144 & OPW25/0188
Street address: 304 Cooroy Belli Creek Rd, Cooroy Qld 4563
Real property description: Lot 3 SP 226704
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Building Work Assessable Against the Planning Scheme -
Additions to Dwelling House (Shed in Riparian Buffer Area)
• Development Permit for Operational Works – Engineering Works (Vehicle Crossover)
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: 24502101
Version: 3, Version Date: 29/01/2026
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
DEVELOPMENT PERMIT FOR BUILDING WORK ASSESSABLE AGAINST THE PLANNING
SCHEME - ADDITIONS TO DWELLING HOUSE (SHED IN RIPARIAN BUFFER AREA) –
DBW25/0144
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the use has not happened by 28 January 2028 unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
250403-A1 B Site Plan, prepared by Jim Moehead Building 04/11/2025
Design and Drafting
250403-A2 C Ground Floor Plan, prepared by Jim Moehead 04/11/2025
Building Design and Drafting
250403-A3 C Upper Floor Plan, prepared by Jim Moehead 04/11/2025
Building Design and Drafting
250403-A4 A Elevations – SHT 2 OF 2, prepared by Jim Moehead 04/11/2025
Building Design and Drafting
250403-A5 A Elevations – SHT 1 OF 2, prepared by Jim Moehead 16/05/2025
Building Design and Drafting
250403-A6 B Section, prepared by Jim Moehead Building Design 16/05/2025
and Drafting
- - Riparian Rehabilitation Plan, Lot 3 on SP226704. 16/12/2025
Urban Catalyst 3.
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
Land Rehabilitation
5. The land area identified for rehabilitation on the Approved Plans must be rehabilitated must
be rehabilitated in accordance with the approved Riparian Rehabilitation Plan.
6. Land Rehabilitation works must be supervised, undertaken and certified by qualified
persons*. All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
Retention of Existing Trees and Vegetation
7. All trees and vegetation for retention must be protected in accordance with AS4970,
Protection of trees on development sites.
Page 2 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 3
Supervision/Certification
8. Prior to issuing the Certificate of Occupancy or Commencement of Use (whichever comes
first) the following must be submitted to Council:
a. A report confirming all performance measures outlined in the approved riparian
rehabilitation plan have been implemented in accordance with conditions of approval
prepared by a suitably qualified person*.
*(Refer to Advisory Notes)
Site Access and Driveways
9. A sealed access driveway must be provided from Cooroy Belli Creek Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
the conditions of this Decision notice, be generally in accordance with Infinity’s Development
Site Plan (OPW-C-00300 Rev A) and must include in particular:
(a) A driveway crossover in accordance with RS-056.
Stormwater Drainage
10. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
11. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
12. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
13. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
14. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
(a) where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
(b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Page 3 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 4
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS – ENGINEERING WORKS (VEHICLE
CROSSOVER) AND LANDSCAPING WORKS - OPW25/0188
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. 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
OPW-C-00300 A Development Site Plan Prepared by Infinity 17/09/2025
Currency Period
3. The Currency Period for this development approval lapses if the development has not
substantially started by 28 January 2028 unless an application to extend the currency period
is approved by Council.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
4. Copies of the approved plans, duly signed by the consultant Registered Professional
Engineer of Queensland (RPEQ) must be provided to Council’s Engineering Officer
Construction at the “prestart” meeting.
5. A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting / prior to any works commencing.
6. Certificates demonstrating currency of public liability insurance and works insurance covering
the works must be submitted to Council prior to the prestart meeting.
7. 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) Civil engineering works;
(b) Landscape works;
(c) Other relevant parties
8. A Construction Management Plan must be submitted prior to the prestart meeting and must
address the following:
(a) Traffic management during all phases of construction;
(b) Adequate parking arrangements for works and deliveries;
(c) appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
(d) provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
9. Any changes to the details associated with the supervising RPEQ or Principal Contractor
during construction, must be notified to council in writing within five business days of the
change occurring.
10. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
Page 4 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 5
DURING CONSTRUCTION
Engineering
11. The developer must meet any costs to repair damage to any Council asset during
construction, where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
12. All works must be supervised by a Registered Professional Engineer of Queensland (RPEQ)
who is independent of the Developer and Principal Contractor, and they must certify that all
works conform to the Operational Works permit. Where municipal works are involved, such
confirmation must be submitted for the respective hold points prior to any site inspection by
Council Officers.
13. All works must be constructed and work procedure undertaken in accordance with:
(a) The approved plans/documents and conditions detailed in this Decision Notice;
(b) All relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
(c) The latest version of the Healthy Waterways document “Water Sensitive Urban Design
Technical Design Guidelines for South East Queensland” for all water quality devices
to be constructed on site.
Works within Road Reserve/Reinstatement
14. Safe vehicle and pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should road closures be necessary to carry out construction works,
Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
15. All frontage works must match neatly with existing road and verge features. Additional works
beyond the frontage may be required to provide an acceptable transition to existing road and
verge profiles.
Site Access and Driveways
16. Driveway crossovers must be constructed in accordance with council’s Standard Drawing
RS-056.
17. Any existing unnecessary or redundant property accesses must be removed, and the kerb,
footpath and verge area reinstated to match the existing footpath and/or verge treatments.
Grassed verge areas to be reinstated must be provided with 100 mm topsoil and grass seed
or turf, and must be maintained by the developer until established.
18. The following must be complied with during the construction of the required
crossover/driveway:
(a) The driveway surfacing must consist of an approved all-weather material;
(b) The driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
(c) The property access must be located a minimum of 1m clear of existing power poles,
streetlights or other signage. The developer is responsible for any necessary relocation
of existing services to provide this clearance and must contact the relevant service
authorities and comply with their requirements in relation to these works.
Stormwater Drainage
19. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
20. Works associated with this permit must not adversely impact on the existing drainage
conditions on other properties (e.g., by blocking or interfering with natural overland flows).
Page 5 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 6
21. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
22. Prior to the completion of the development, all site surfaces must be effectively stabilised
using methods which have achieved effective short-term stabilisation and which will continue
to achieve effective stabilisation in the medium- to long-term (refer to E&SC Advisory Notes).
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion
or lead to sedimentation, or lead to water contamination.
Erosion and Sediment Control
23. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable measures are
taken to prevent or minimise the release and concentration of contamination.
24. Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot” fines may be issued. Such
fines can be issued if sediments from the site are found to enter or have the potential to enter
Council’s stormwater system, natural waterways, any downstream stormwater filtration
system or adversely impacting on other properties. The sediment and erosion control design
and measures have NOT been approved, it is the site's Supervising Engineer who is
responsible for ensuring that the sediment and erosion control measures have:
(a) Been duly designed by an RPEQ or CPESC and constructed in accordance with "best
practise" methods;
(b) Been revised by an RPEQ or CPESC to address the issues raised by changes in the
projected construction schedule and/or methods;
(c) Been revised to address predicted rainfall events; and
(d) Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures be
found inefficient.
25. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer instructions and the current best practice
standards * (Refer to Advisory Note).
26. The developer must ensure non-essential exposure of soil is prevented by restricting the
extent of disturbance and minimising the duration of soil exposure to adverse weather
conditions and effectively turf, cover or stabilise any disturbed area without delay and prior
to rainfall occurring.
27. The developer must ensure sediment does not leave the site or enter onto adjoining
properties or Council’s drainage system due to surface runoff or on tyres of vehicles and/or
machinery. It is essential to implement appropriate approved erosion and sediment control
measures throughout the site during all phases of construction including vehicle shakedown
pad/grid (or similar) at the access to the construction site. Where sediments or other
contaminants are deposited on a road, they must be removed so as not to enter Council’s
drainage system or waterways.
28. Prior to the completion of the development and commencement of use, all site surfaces must
be effectively stabilised using methods which have achieved effective short-term stabilisation
and which will continue to achieve effective stabilisation in the medium to long-term. For the
purpose of this condition, an effectively stabilised surface is defined as one that does not, or
is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
Page 6 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 7
Damage to Services and Assets
29. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
(a) where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
(b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
FOLLOWING CONSTRUCTION
Certification
30. Upon completion of the work a certificate must be issued by an RPEQ certifying that the
works have been constructed in accordance with the Operational Works permit.
31. A final inspection and approval of the new driveway and completed reinstatement works by
Council’s Inspector is required. Please contact Council on 5329 6500 to arrange for the
inspection.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
- - Riparian Rehabilitation Plan, Lot 3 on SP226704. Urban 16/12/2025
Catalyst 3
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:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
Page 7 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 8
(c) the Disability (Access to Premises – Buildings) Standards.
Short Stay Letting
3. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation. The local law commenced on 1 February 2022. A one off application
will need to be made, under the new local law, for all existing and new properties operating
short stay letting or home hosted accommodation, unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Nature Conservation Act
4. It is the responsibility of the applicant to ensure compliance with the Nature Conservation
Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey
Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation
Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act.
Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-
permits/plants-animals/protected-plants/ or by calling the Department of Environment and
Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species
Management Plan prior to any activities that tamper with any place that is being used by a
native animal for breeding activities. This is regulated by Section 332 of the Nature
Conservation Wildlife Management Regulation 2006. Further information regarding this
matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-
animals/species-management-program/ or by calling the relevant State Department.
Qualified Person – Rehabilitation Works
5. Qualified Person, for the purpose of:
(a) Undertaking, supervising or reporting on site rehabilitation works, a qualified person is
considered to be an ecologist or bush regenerator with a minimum of three years current
experience in the field of landscape, ecological or bush restoration.
Building and Construction Industry (Portable Long Service Leave) Levy
6. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
General Advisory Notes
8. As this driveway is a private structure, the owner bears full responsibly for the standard of its
construction, maintenance and any liabilities associated with its construction. It is
recommended that professional advice be sought for the construction of the driveway to
ensure that the driveway is constructed in accordance with standard drawings RS-056.
9. Council has undertaken an audit check of the Operational Works drawings in relations to the
proposed works. A detailed check of the calculations and drawings has not been undertaken,
as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of
the engineering design. Council reserves the right to require further amendments and/or
additions at a later date should design errors become apparent.
Page 8 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 9
10. Council reserves the right to call up any performance bond held or levy charges against the
property, should emergency works be required to be undertaken by Council to make the site
safe due to inactivity on the development site for extended periods of time.
11. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Prestart and Inspection Request
12. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
13. If Council officers are required to undertake additional inspections of the same works, a
reinspection fee will be applicable in accordance with Council’s Fees and Charges register
applicable at the time.
Environmental Advisory Notes
14. The Environmental Protection Act 1994 states that a person must not carry out any activity
that causes, or is likely to cause, environmental harm unless the person takes all reasonable
and practicable measures to prevent or minimise the harm. Environmental harm includes
environmental nuisance. In this regard persons and entities, involved in the civil, earthworks,
construction and landscaping phases of this development are to adhere to their ‘general
environmental duty’ to minimise the risk of causing environmental harm.
Erosion and Sediment Control
15. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
16. Qualified Person, for the purpose of erosion and sediment control is a Certified Professional
in Erosion and Sediment Control (CPESC) or suitably experienced Registered Professional
Engineer of Queensland (RPEQ).
17. As a general rule, a site is determined to have achieved effective short-term stabilisation if
at the time of the plan sealing inspection:
(a) Methods of stabilisation are:
(i) appropriate for slopes and slope lengths; and
(ii) are consistent with best practice environmental management practices such as
in the Manual for Erosion and Sediment Control or the IECA Manual; and
(b) Stormwater runoff from the site is not currently, and is not likely to result in visible
evidence of sedimentation or erosion, or lead to water contamination.
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 work.
11. SUBMISSIONS
Not applicable.
Page 9 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
Page 10
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Tiani Bird
Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
Page 10 of 11
Document Set ID: 24502101
Version: 3, Version Date: 29/01/2026
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: 24502101
Version: 3, Version Date: 29/01/2026