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Negotiated Decision Notice OPW26 0033 (As Published)
Officer: Daniel Epps
Direct Telephone: 07 5329 6245
Our Reference: OPW26/0033
Your Reference: 19960 – 02/02/2026
2 October 2026
Surveyor Pty Ltd
C/- Tod Consulting Pty Ltd
18/113 Poinciana Ave
TEWANTIN QLD 4565
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
29 September 2026, Council decided your representations. This negotiated decision notice
replaces the decision notice of 7 August 2026.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: OPW26/0033
Street address: 30 Pottery St, Pomona Qld 4568
Real property description: Lot 496 MCH 591
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
Council on 7 August 2026, decided to issue the following type of approval:
• Operational Works - Drainage Works, Earthworks, Roadworks, Stormwater, Clearing
Vegetation under planning scheme
In relation to representations, Council on 29 September 2026 decided to:
A. Agree to amend conditions 10, 17 and 25
B. Include additional condition 10A.
C. Included additional advisory note 19.
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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Page 2
4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. Where there are inconsistencies between the approved plan
and the conditions of the approval, the conditions of the approval override the approved
plans.
The approved plans are listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
- 1 Fauna Management Plan, prepared by 16 January
Equilibrium Ecology 2025
J000864 - Vegetation Management Plan for APZ / Fire 27 May 2026
Break Trail Tree Retention
Prepared by North Coast Environmental
Services
19660-C100 B Earthworks, Clearing and Preliminary ESC 16 June 2026
Control Plan – Sheet 1 of 2
Prepared by TOD Consulting Engineers
As Annotated by Council
19660-C101 B Earthworks, Clearing and Preliminary ESC 16 June 2026
Control Plan – Sheet 2 of 2
Prepared by TOD Consulting Engineers
As Annotated by Council
19660-C110 A Tree Protection Plan – Sheet 1 of 2 16 June 2026
Prepared by TOD Consulting Engineers
19660-C111 A Tree Protection Plan – Sheet 2 of 2 16 June 2026
Prepared by TOD Consulting Engineers
19660-C200 B Roadworks and Drainage Plan – Sheet 1 of 2 16 June 2026
Prepared by TOD Consulting Engineers
As Annotated by Council
19660-C201 C Roadworks and Drainage Plan – Sheet 2 of 2 16 June 2026
Prepared by TOD Consulting Engineers
19660-C202 B Road Longitudinal Sections, Typical Sections & 16 June 2026
Details
Prepared by TOD Consulting Engineers
19660-C203 B Typical Sections & Details 16 June 2026
Prepared by TOD Consulting Engineers
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19660-C204 B Road Cross Sections Road 1 16 June 2026
Prepared by TOD Consulting Engineers
19660-C205 B Road Cross Sections Pottery Street 16 June 2026
Prepared by TOD Consulting Engineers
19660-C300 B Stormwater Drainage Longitudinal Sections 16 June 2026
Prepared by TOD Consulting Engineers
19660-C301 B Stormwater Bioretention Basin Details 16 June 2026
Prepared by TOD Consulting Engineers
19660-CLC B Stormwater Drainage Catchment Plan & 16 June 2026
Calculations
Prepared by TOD Consulting Engineers
LD-01 A Landscape Design & Rehabilitation 3 July 2026
Management Plan – Cover Sheet
Prepared by Florafield Environmental Design
LD-02 A Landscape Design & Rehabilitation 3 July 2026
Management Plan – Landscape Design
Prepared by Florafield Environmental Design
LD-03 A Landscape Design & Rehabilitation 3 July 2026
Management Plan – Specification Notes
Prepared by Florafield Environmental Design
LD-04 A Landscape Design & Rehabilitation 3 July 2026
Management Plan – Landscape Construction
Details
Prepared by Florafield Environmental Design
LD-05 A Landscape Design & Rehabilitation 3 July 2026
Management Plan – Vegetation Covenant Area
- Rehabilitation Plan
Prepared by Florafield Environmental Design
LD-06 A Landscape Design & Rehabilitation 3 July 2026
Management Plan
Prepared by Florafield Environmental Design
LD-07 A Landscape Design & Rehabilitation 3 July 2026
Management Plan
Prepared by Florafield Environmental Design
CURRENCY PERIOD
2. The Currency Period for this development approval lapses if the development has not
substantially started by 13 August 2028, unless an application to extend the currency period
is approved by Council.
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SITE SPECIFIC CONDITIONS
Erosion and Sediment Control Plans
3. Submit a site-specific Erosion and Sediment Control Plan in accordance with the
International Erosion Control Association’s (IECA) Best Practice Erosion and Sediment
Control and prepared by a suitably qualified person (RPEQ and/or CPESC). The Plan must
be submitted prior to the commencement of works.
4. Prior to the commencement of bulk earthworks:
a. a hold-point inspection is required with a Council delegate to review that the erosion
and sediment controls on-site generally reflect the Erosion and Sediment Control Plan.
b. certification from a suitably qualified person (RPEQ and/or CPESC) must be submitted
to Council certifying that the erosion and sediment controls on site have been installed
in accordance with the Plan and IECA’s Best Practice Erosion and Sediment Control.
PRIOR TO COMMENCEMENT OF WORKS
Engineering
5. 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. arboreal (tree) works;
c. fauna management works;
d. landscape works;
e. rehabilitation works;
f. erosion and sediment control works; and
g. other relevant parties.
6. Prior to requesting a prestart meeting:
a. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Retention of Existing Trees conditions).
b. Pre-clearance surveys and habitat assessment required by the approved Fauna
Management Plan and conditions of this Decision Notice, must be undertaken (Refer
to Fauna Management conditions).
7. Submit a copy of the approved plans that are issued “For Construction” and duly signed by
the consultant Registered Professional Engineer of Queensland (RPEQ). Plans must be
submitted and approved by Council prior to the pre-start meeting.
8. Submit certificates demonstrating currency of public liability insurance and works insurance
covering the works. Certificates must be submitted to Council prior to the pre-start meeting.
9. Submit a condition report documenting any existing defects in the road reserve or
infrastructure, including photographs of the site frontage. The report must be submitted to
Council prior to the pre-start meeting.
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10. Submit a Construction Management Plan to Council prior to the pre-start meeting. The
Construction Management Plan must be prepared for phase one of works which relates to
Clearing Vegetation under Planning Scheme and must specifically address the following:
a. traffic management during the clearing of vegetation including:
i. a Traffic Management Plan in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to the commencement of the vegetation clearing;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for constriction workers, residents and
delivers; and
v. No queuing of trucks is permitted on residential streets;
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
controls;
c. Works programme identifying key components of the clearing works and their
respective durations;
d. Establishment of a communication protocol with the adjoining owners and local
residents affected by the clearing works, to advise of agreed clearing times, impacts
on access and services and other relevant issues;
e. Include a post out to the neighbouring and nearby residents advising of the proposed
development, the expected clearing time frames and the site contactor details;
f. Include signage in a prominent location at the front of the site advising of the proposed
development approval number and the site contact details
g. Identification of complaint management procedures including:
i. Contact details for the on-site manager; and
ii. Dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
10A. Submit a Construction Management Plan to Council for agreement prior to the
commencement of any civil works (Stormwater, Drainage Works, Earthworks or Roadworks).
The Construction Management Plan must be prepared for phase two of works which relates
to the civil works and must specifically address the following:
a. traffic management during the civil works including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers and deliveries; and
v. no queuing of trucks is permitted on residential streets;
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
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c. works programme identifying key components of the works and their respective
durations;
d. 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 and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
11. All necessary approvals from external service providers (e.g., Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
12. 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.
13. Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
14. All trees and vegetation identified for retention must be protected in accordance with
AS 4970, Protection of trees on development sites.
15. A qualified person (*) must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
b. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS4970, Protection of trees on
development sites.
c. Oversee approved tree removal in proximity to retained trees.
d. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
(*) Refer to Advisory Note
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16. Vegetation areas for protection must:
a. Be protected in accordance with the approved Tree Protection Plan(s) listed in this
Decision Notice.
b. Be protected with a minimum 1.2m high temporary safety fence (or temporary barrier
mesh / three-strand wire with pickets at 3m centres or flagging / bunting).
c. Have the fence installed prior to the prestart meeting and maintained for the entire
period of construction.
d. Have ‘Exclusion Zone’ (‘No Go,’ ‘No clearing zone’) signage fixed to the fence at
10m centres.
e. Have no construction material, equipment or personnel entering the Exclusion Zone’
(‘No Go,’ ‘No clearing zone’) except to undertake approved rehabilitation activities.
(*) Refer to Advisory Note
Removal of existing trees and vegetation
17. Approved vegetation removal, felling and lopping must:
a. Be undertaken in a manner that avoids damaging surrounding vegetation and habitat
to be retained.
b. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
c. Mulch all remaining wood and leaf material (without root balls, soil or debris and
minimising weed seeds) for re-usable mulch.
d. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
e. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
f. Allow suitable felled timber to be retained or removed from the site for beneficial reuse.
(*) Refer to Advisory Note
FAUNA MANAGEMENT
18. Fauna management works must be managed, supervised, undertaken and certified by
qualified persons (*) to:
a. ensure all works, prior to and during clearing, are carried out in accordance with the
approved Fauna Management Plan and fauna management conditions listed in this
Decision Notice; and the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (not previously removed).
f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
A qualified person for the purpose of managing and supervising fauna protection, preparing
Fauna reporting and certification and calculating compensatory habitat, is considered to be
an Ecologist and Environmental Scientist with a minimum of three years current experience
in the field of fauna assessment and management and current certification under the
Queensland Parks and Wildlife Service.
(*) Refer to Advisory Note
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Pre-clearance site inspection and surveys
19. Prior to any vegetation clearing, a site inspection will be completed by a suitably qualified
person (*) to identify any hollow-bearing trees and/or other significant habitat features (i.e.
den sites, nests, hollowed termitarium etc.) These will be clearly marked in the field with high
visibility paint as well as shown on appropriately scaled plans.
(*) Refer to Advisory Note
20. A thermal drone survey must be undertaken each morning prior to the commencement of
tree removal works to identify the presence of Koalas, where environmental conditions are
suitable for the effective use of thermal imaging technology.
Where environmental conditions are unsuitable for thermal surveying, a daily Koala risk
assessment must be undertaken by a suitably qualified fauna spotter-catcher (*). The
assessment must include:
a. a search for evidence of Koala activity, including scats, within and adjacent to the day's
proposed tree removal area; and
b. a visual inspection of all trees proposed for removal, and adjoining habitat trees that
may be affected by the works.
Tree removal must not commence until the assessment confirms that no Koalas are present
within the work area
(*) Refer to Advisory Note
Pre-clearing fauna trapping
21. Subsequent to the site inspection, and prior to commencement of site clearing works, a pre-
clearing trapping program will be completed, by a qualified person (*), targeting native
ground-dwelling and arboreal mammals. The trapping program will be designed to
progressively move through the site, from the east towards to the west of the site, ahead of
the subsequent under scrubbing operations.
Each area will be trapped for a minimum of four (4) nights, and any animals captured will be
relocated to suitable habitat area/s in consultation with Noosa Council and the Department
of Environment and Heritage Protection (DEHP). Arboreal mammals captured will be re-
located within suitably designed nest-boxes to be installed at the agreed release site.
22. Under scrubbing will not occur until the qualified person (*) has confirmed the location and
the extent of the trapped area and clearly identified the limits of the trapped area on site using
high visibility flagging tape.
23. The program will utilise the following trapping methodologies:
• Pitfall traps/funnel traps
• Small (Type A) Elliott traps – installed both on the ground and on platforms on the
trunks of trees;
• Medium (Type B) Elliott traps – installed both on the ground and on platforms on the
trunks of trees; and
• Cage traps
• All traps will be baited with the universal mixture of peanut butter, honey and rolled
oats, or as otherwise directed by the suitably qualified person (*).
(*) Refer to Advisory Note
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Under scrubbing
24. Once each area has been trapped, and the extent of the trapped area clearly identified the
groundcover and midstorey will be cleared utilising a slasher with a mulching head
attachment or similar. Any hollow-bearing trees and/or other significant habitat features
identified during the initial site inspection will be retained. All under scrubbing works will be
completed with a suitably qualified fauna spotter/catcher (*) in attendance.
(*) Refer to Advisory Note
Clearing non-habitat trees
25. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those
identified as habitat trees) may be cleared and stockpiled for mulching. Suitable felled timber
may be retained or removed from the site for beneficial reuse, with remaining felled
vegetation stockpiled for mulching. Clearing of non-habitat trees will only occur where their
removal will not impact on identified habitat trees (e.g. canopies do not interconnect with
habitat trees).
Hollow inspection and removal
26. After under scrubbing and clearing on non-habitat trees, an elevated work platform or cherry-
picker will be used in conjunction with a chainsaw operator and suitably qualified fauna
spotter/catcher to inspect and remove hollows a necessary prior to habitat tree felling. This
method involves the fauna spotter/catcher (*) inspecting each of the potential habitat features
(usually hollows, dreys and arboreal termite nests) to determine the presence of arboreal
fauna. This process is detailed following the step by step basis below:
a. The fauna spotter/catcher (qualified person*), with the Arborist will inspect each visible
hollow or potential habitat resource identified in each tree using the cherry-picker. This
is usually carried out by simply looking into hollows with the assistance of a small torch,
however, burrow and bore-scopes can also be useful for deep hollows.
b. If fauna is located within a hollow, a piece of towel or rag will be firmly placed in the
entrance to prevent the wildlife form escaping as in most cases arboreal fauna become
aware of the presence of the fauna spotter/catcher and may attempt to flee the
nesting/denning hollow due to a perceived threat. If an occupied hollow is
encountered, the fauna spotter/catcher should quietly approach (i.e. avoid contacting
other branches) in the cherry-picker bucket and physically capture the fauna by placing
the entire hollow in a catch bag or only the fauna if it emerges.
c. Once the hollow entrance has been secured the arborist or fauna spotter/catcher will
cut the entire hollow limb off below the cavity where the branch remains solid. In
circumstances where a hollow continues into the main stem of the tree, a small window
will be carefully cut into the hollow, allowing the fauna spotter/catcher to plug the hollow
above and below the window, then the hollow limb removed and lowered to the ground
in sections.
d. When the fauna has been safely secured within its hollow, the entire limb can then be
placed in the cherry-picker bucket or lowered to the ground using ropes depending on
the size of the limb.
e. This limb will then be placed in a cool, quiet location until translocation to the recipient
habitat site, when at dusk the follow entrance is re-opened to allow the fauna to emerge
of its own accord.
(*) Refer to Advisory Note
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Landscape Works
27. Landscape works must be supervised, undertaken and certified by qualified persons*. All
works must be completed in accordance with this Decision Notice.
(*) Refer to Advisory Note
28. Public amenity street trees (*) must:
a. Be certified to meet AS2303:2018 Tree stock for landscape use.
b. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
c. Be located in accordance with the approved Landscape Design & Rehabilitation Plan
listed in this Decision Notice or otherwise approved by Council.
(*) Refer to Advisory Note
29. Turfed areas must be free of pest, diseases and weeds and level with adjoining surfaces.
Rehabilitation Works
30. 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 Note
31. The Rehabilitation supervisor must annually, for a minimum period 12 months:
a. Organise formal inspection with Council’s delegate.
b. Submit to Council (with each inspection request) a Rehabilitation Status Report (written
and photographic), mapping:
i. The condition of the regeneration area.
i. Detailing works undertaken in the previous year.
ii. The percentage cover of indigenous recruitment.
iii. Measuring the works against the approved Vegetation Covenant Area –
Rehabilitation Management Plan.
DURING CONSTRUCTION
Engineering
32. 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.
33. 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.
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34. 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. the relevant conditions of the higher order Reconfiguration of Lot approval viz.
RAL19/0014 to which this approval relates;
c. all relevant Noosa Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines; and
d. 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.
Roadworks (External Roadworks & Road Widening Works)
35. All pavement widening or construction of new pavement must join neatly to the existing
pavement so that there are no irregularities in line or level resulting at or adjacent to the join
for the length of the construction. Where necessary the existing pavement must be brought
to a satisfactory standard to allow for the above.
36. All street surfacing must consist of a minimum depth of 30mm of an approved hot mixed
asphaltic concrete, unless other pavement types are approved as feature areas in
intersection thresholds, speed control devices, turning areas, indented parking etc.
37. The installation and/or modification of any traffic signs, street signs, line marking and Raised
Reflective Pavement Markings (RRPMs) must be in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD). New or relocated signage must be installed using the VLok
installation system. All new signage must be Class 1 retroreflective material in accordance
with AS 1906.1, Retroreflective materials and devices for road traffic control purposes – Part
1: Retroreflective sheeting.
Pavement Design and Construction
38. The pavement designs shown on the engineering drawings are not approved. To attain
approval for the pavement design, the following details must be submitted and certified by
an RPEQ with the proposed pavement design.
a. the design CBR must be based on the four-day soaked CBR value for the subgrade
material;
b. the design subgrade CBR must be representative of each homogenous insitu section
of finished subgrade. With respect to each section:
i. for four or less test results, the design CBR must be taken as the least estimated
insitu CBR result; and
ii. for five or more test results, the design CBR must be taken as the 10th percentile
of all estimated insitu CBR results.
c. the samples must be taken generally in the position of the outer wheel path on both
sides of the proposed road. A sketch plan showing the location of all tests must be
submitted with the test results for pavement design approval.; and
d. where imported material has been (or is proposed to be) used for subgrade
replacement, and the depth of the imported material is less than 300mm, the pavement
design CBR must be based on the testing results of the insitu material and not the
imported material.
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39. A hold point inspection is required with a Council delegate upon completion of the following
stages of road construction:
a. subgrade; and
b. base course (pre-seal).
At the time of the inspection(s), the pavement layer must exhibit no visible signs of
deformation under proof rolling by a fully loaded water truck to the reasonable satisfaction of
Council. The pavement layer will not pass the inspection until this requirement has been
achieved.
(*) Refer to Advisory Note
40. Pavement design for privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveway and car park areas will remain the
responsibility of the property owner/developer and must be certified by an RPEQ.
Works within Road Reserve/Reinstatement
41. Safe pedestrian and vehicle access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out construction
works, Council’s Engineering Officer must be notified prior to the proposed closure and all
requirements complied with.
42. All frontage works must match neatly with existing road and verge/footpath features.
Additional works beyond the frontage may be required to provide an acceptable transition to
existing road and verge/footpath profiles.
43. Electrical conduits or other services proposed to be installed within existing and proposed
road reserves under existing sealed carriageways, concrete pathways, concrete/sealed
driveways or significant vegetation must be installed by boring. Trenching is not permitted,
unless specifically approved by Council.
Pathways
44. All pathways must be constructed in accordance with the following requirements:
a. all footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065;
b. provision must be made for disabled access at all kerb crossings associated with
pathways, in accordance with Council's current standards;
c. all paths must have a slip resistant surface;
d. expansion and contraction joints must provide a flush finish. Installation of joints by saw
cutting is preferred to ensure a smooth ride for cyclists; and
e. the required work includes any modifications to ensure the footpath finishes flush with
all existing service covers and the like, or alternatively these services are raised or
altered, so as not to create a pedestrian safety hazard.
45. Pathways must:
a. terminate in a manner that ensures smooth transition to existing surfaces for public
safety; and
b. be designed and constructed to comply with the Disability Discrimination Act (DDA),
Access to Premises Standard, Austroads and relevant sections of AS1428 Design for
access and mobility.
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Site Access and Driveways
46. Driveway crossovers must be constructed in accordance with council’s Standard Drawings:
a. RS-049, RS-050 and any associated addendum.
47. 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.
48. The following must be complied with during the construction of the required
crossover/driveway:
a. the driveway surfacing must consist of an approved hot mixed asphaltic concrete or
patterned/plain concrete;
b. decorative surfaces must be approved by Council, have a maximum 5mm depth
variation in the finished surface profile, and comply with AS4586, AS3661.1 and any
associated addendum;
c. the driveway must be constructed so as not to concentrate stormwater runoff onto
neighbouring properties;
d. underground service conduits for water supply, electricity and any other services must
be provided as part of the access driveway;
e. where there is an existing pedestrian path, a matching crossfall must be provided for
the driveway on the alignment of the path, for the full width of the path;
f. have a minimum clearance of 500mm from any Unitywater/Energex/Telstra asset,
unless a written approval is obtained from Unitywater/Energex/Telstra and submitted
to Council; and
g. 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.
Earthworks and Retaining Walls
49. All earthworks shall be undertaken in accordance with the provisions of AS 3798 Guidelines
on Earthworks for Commercial and Residential Development, with geotechnical testing
undertaken in accordance with Section 8 of the Standard, and to a minimum of ‘Level 1’ as
defined in Appendix B. Test results as required by AS 3798, and a certificate of quality and
uniformity of fill shall be provided by a RPEQ and submitted to Council prior to Council signing
the Plan of Survey.
50. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council.
51. Fall protection must be provided to retaining walls that are over 1m high.
52. Slope and batters are a maximum grade of:
a. 1 in 6 where in proximity to waterbodies;
b. 1 in 4 for grassed areas;
c. 1 in 3 for planted areas; and
d. 1 in 2 for combined structural engineering and planting solutions.
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Stormwater Drainage
53. Appropriate scour protection must be provided at the outlet of all stormwater pipes including
temporary outlets.
54. 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).
55. Construction of all internal stormwater drainage works must comply with the relevant
section/s of Australian Standard AS/NZS 3500.3.
Bioretention Basins – Construction
56. The bioretention devices must be constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009). Option 1 of the staged construction and establishment methods is to be
followed as documented in the guidelines.
57. During construction and establishment of the bioretention devices, the supervising RPEQ
must ensure that the device is constructed in accordance with the document Construction
and Establishment Guidelines: Swales, Bioretention Systems and Wetlands (Water by
Design, 2009) and that the forms contained in section 3.15 including the associated
supporting information and data are completed.
These forms and certification from the RPEQ that the device has been constructed in
accordance with the Construction and Establishment Guidelines: Swales, Bioretention
Systems and Wetlands (Water by Design, 2009), all conditions of approval, and the approved
engineering drawings must be submitted to Council prior to plan sealing.
58. A construction hold point with a Council delegate must be established once the bioretention
device underdrainage pipe work is installed.
At the time of inspection, a sample of the drainage layer, transition layer, and filtration media
materials must be stockpiled on-site. Laboratory results must be provided for the filter media
which demonstrate that the media complies with the specifications contained in the latest
version of the “Guidelines for Soil Filter Media in Bioretention Systems” (produced by the
Facility for Advancing Water Biofiltration) and that the minimum hydraulic conductivity
specified on the approved engineering plans will be achieved. In addition, laboratory results
must be provided demonstrating that the transition layer and drainage layer meet the
following bridging criteria:
a. D15 (drainage layer) ≤ 5 × D85 (transition layer)
b. D15 (transition layer) ≤ 5 × D85 (filter media)
Bioretention Basins – Maintenance & handover
59. Following installation of the filter media for the bioretention devices, a temporary cover
consisting of a suitable geotextile covered with soil and turfed is to be immediately installed.
This temporary cover is to be maintained in place for a minimum period of 24 months
following acceptance of the bioretention devices On Maintenance or until 80% of building
works has been completed (whichever occurs first).
Following this period the temporary cover is to be removed, and the approved plantings
installed. The bioretention devices are then to be appropriately maintained for a minimum
period of 12 months prior to being accepted as Off Maintenance by Council’s delegate.
60. Prior to acceptance of the basin either On or Off Maintenance, Council must receive evidence
that the results for the in-situ hydraulic conductivity testing conducted in accordance with
FAWB PRACTICE NOTE 1: In Situ Measurement of Hydraulic Conductivity Belinda Hatt,
Sebastien Le Coustumer April 2008 for the bioretention filter media achieve the design
criteria.
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61. Subsoil drains are to be cleaned out and accumulated sediment manually removed from the
surface of basin and coarse sediment forebays at Off Maintenance and as required during
the maintenance period.
62. All stormwater quality treatment devices must be maintained by the development in
accordance with Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
1) until they are accepted as Off Maintenance by Council.
63. Any defects in WSUD devices identified during the maintenance period must be reviewed
and a report recommending required rectification works submitted to Council and endorsed
by Council’s delegate. Works to repair the device and prevent the problem occurring in the
future must be completed and the device maintained for a minimum period of 12 months prior
to the WSUD device being accepted as Off Maintenance.
64. Prior to Council accepting the bioretention devices Off Maintenance, maintenance checklists
including the full cost of maintaining the devices in accordance with Water by Design (2009)
Maintaining Vegetated Stormwater Assets (Version 1) must be submitted to Council.
Erosion and Sediment Control
65. 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.
66. 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.
67. The erosion and sediment control measures must be designed, installed and maintained in
accordance with the supervising engineer’s instructions and the current best practice
standards. A copy of the latest erosion and sediment control plan, prepared and endorsed
by a suitably qualified person (RPEQ/CPESC), must be made available to Council within 5
business of request.
(*) Refer to Advisory Note
68. All erosion and sediment controls must be inspected to ensure the controls are not being
bypassed. Inspections must occur and be electronically recorded:
a. at least daily (when work is occurring on site) or weekly (when work is not occurring on
site); or
b. within 24 hours of expected rain; or
c. within 18 hours of a rainfall event (i.e. an event of sufficient intensity and duration to
mobilise sediment on site).
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69. Earthworks and the implementation of erosion and sediment controls are undertaken in ways
which ensure flooding characteristics (including stormwater quantity characteristics) external
to the development site are not worsened during construction for all events up to and
including the 1% AEP (1 in 100 year ARI) event.
70. 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.
71. 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.
Damage to Services and Assets
72. 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.
PRIOR TO COUNCIL SIGNING THE PLAN OF SURVEY
Certification
73. Upon completion of the work:
a. a certificate must be issued to Council by an RPEQ certifying that the works have been
constructed in accordance with the Operational Works permit; and
b. a condition report of the drainage system must be issued to Council. The report must
include a CCTV inspection of the new stormwater network commencing from “1/A” and
concluding at “8/A” and include all new branches.
As Constructed Plans and ADAC XML Files (Council)
74. Prior to acceptance of civil works to become Council assets “On Maintenance”, satisfactory
“As-Constructed” records must be submitted to Council. The bundle of “As Constructed”
information shall include:
a. As-Constructed Engineering Drawings. Data is to be submitted in an electronic drawing
file format (.dwg), with all plans clearly endorsed “As-Constructed”, along with the
accompanying hardcopies (PDFs of the As-Constructed .dwg drawing files), and;
b. ADAC XML Digital File. ADAC File format (ADAC - Asset Design As Constructed)
prepared in accordance with industry standards and recorded in “MGA - UTM56 /
GDA94” projection.
Please Note: Further information and advice relating to the as-constructed drawing
presentation, as-constructed survey capture and associated guidelines for preparation
of a compliant ADAC XML digital file are available on the webpage titled “As-
Constructed Guidelines” and accessible at the Noosa Council Website: Planning &
Development / Development Tools & Guidelines / As-Constructed Guidelines.
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c. The “As-Constructed” drawings will require certification by a:
i. Qualified experienced Civil Engineer (RPEQ) confirming design intent and
conformance with applicable standards and specifications, along with the
relevant descriptions of assets, services and structures and;
ii. Registered Cadastral Surveyor (Qld) in regard to the cadastral and locational
information, levels and applicable survey datum.
d. The data must be in accordance with Council’s “Planning Scheme Policy 6 –
Engineering Design Standards” and fully detail the levels for all engineering works
including but not limited to the drainage network and structures, finished ground and
pavement surface levels.
e. Landscaping, including all assets and improvements within parks, open space and road
reserves areas are to be shown on an accompanying separate landscape plan
(prepared in .dwg file format with accompanying hardcopy PDFs) and include a
complaint ADAC XML file. Details of the landscaping and all associated assets and
improvements may be included in the ADAC XML digital file prepared for associated
civil infrastructure, or alternatively, be provided as a separate ADAC XML digital file
containing landscape and asset information only.
On Maintenance
75. All municipal works must be accepted as ‘On Maintenance’ by Council in accordance with
Council’s Planning Scheme Policy 6 prior to plan sealing.
To achieve ‘On Maintenance’ status:
a. the supervising RPEQ must submit to Council for review and acceptance:
i. certification that all works have been undertaken and completed in accordance
with the requirements of this approval;
ii. as Constructed details in accordance with Council’s Planning Scheme Policy;
and
iii. maintenance and operational manuals for all proprietary or site-specific devices.
b. Council must inspect and agree to accept the municipal works as ‘On Maintenance’.
Any defect or substandard work observed by Council during the inspection must be
rectified to the satisfaction of Council prior to Council’s acceptance of the ‘On
Maintenance’ status.
(*) Refer to Advisory Note
c. A maintenance bond must be submitted to Council in accordance with Council’s
Planning Scheme Policy 6. The maintenance bond shall be 5% of the agreed value of
the municipal works to become ‘On Maintenance’ or $2,000 (whichever is greater).
76. Maintenance periods (*) must be:
a. 12 months for Streetscape Landscaping works.
b. 12 months for Rehabilitation or subject to meeting criteria outlined in the Vegetation
Covenant Area – Rehabilitation Management Plan.
(*) Refer to Advisory Note
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77. Prior to requesting an On Maintenance inspection, the following information (prepared by
respective qualified persons* and certifying compliance with approvals) must be submitted
to Council:
a. All required bonds.
b. Landscaping certification.
c. AS2303:2018 Tree stock for landscape use certification.
d. Fauna Report documenting the findings and outcome of the fauna protection works
undertaken.
e. Bushfire management certification.
Off Maintenance
78. Prior to requesting an Off Maintenance inspection, the developer must provide a written
request for the Off Maintenance inspection and include certifications from the Project Arborist
that all trees in public land have been inspected and rectification works for public safety and
longevity of the tree/s has been completed.
79. Off Maintenance will only be accepted after all works are confirmed in good order including,
but not limited to:
a. Rectifying any damaged grassed areas.
b. Topdressing to grassed areas.
c. Remulching, fertilising and aeration of garden areas.
d. Replacement of plant material.
80. A re-inspection fee in accordance with Council’s Fees and Charge Register will be charged
where:
a. a Council inspection reveals works do not comply with approval requirements
b. submitted certification falsely states works comply with approval requirements.
Final Inspection
81. 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
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:
General Advisory Notes
1. 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-049 and
RS-050.
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2. 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.
3. 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.
4. 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, Hold-Point, On and Off Maintenance and Rehabilitation Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart or an inspection giving a minimum of 5
business days’ notice of preferred inspection time.
6. 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.
7. A minimum maintenance period of 12 months will apply to all municipal works and thereafter
until such time as the works are performing in accordance with the approved design unless
noted otherwise.
Environmental Advisory Notes
8. 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.
Retention of Existing Trees
9. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Landscape Works
10. The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges
Register where:
a. An inspection revealed that any constructed rehabilitation/landscape works do not
comply with the conditions of the Decision Notice, Approved Plans and or Approved
Documents
b. Certification is submitted to Council falsely stating that works comply with the approved
plans, documents and or conditions of the Decision Notice.
11. Public amenity trees are defined as any tree located within public streets, parks or areas that
will become publicly owned as a result of this development.
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Qualified Person
12. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
c. Undertaking rehabilitation construction and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
d. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and certifying AS2303:2018 Tree stock for
landscape use and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture (min AQF level 5).
e. Managing Fauna protection, preparing Fauna reporting and certification and
calculating compensatory habitat, is considered to be an Ecologist and Environmental
Scientist with a minimum of three years current experience in the field of fauna
assessment and management and current certification under the Queensland Parks
and Wildlife Service.
f. Supervising and certifying Bushfire Management is considered to be an Ecologist with
suitable experience or a person with Fire Protection Association Australia – Bushfire
Planning and Design certification.
Erosion and Sediment Control
13. Accepted best practice standards include International Erosion Control Association
Australasia Best Practice Erosion and Sediment Control.
14. 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).
15. 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:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management practices such as in
the Manual for Erosion and Sediment Control or the IECA Manual; and
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.
Road Reserve Permit
16. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] 20 of 22
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Plan Sealing
17. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
18. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
Removal of Existing Trees and Vegetation
19. Council has no objections to suitable felled timber being retained or removed from the site
for beneficial reuse, including for milling.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Subject of the required Development
Operational Works Electrical Reticulation
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.
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.
Yours faithfully,
Daniel Epps
Senior Development Engineer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 7 August 20256.
• Negotiated Decision Notice – 29 September 2026, with an amendment to condition 10, include additional condition 10A.
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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.
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