somerset · application was approved in full with conditions. the conditions of this approval are...

u SomersetREGIONAL COUNCIL

Officer: Ryan Cheng, Planning OfficerPhone: (07) 5424 4000Application reference: DA17367Applicant reference: 17039G

15 August 2018

Trish & David ReinhardtC/- Grummitt PlanningPO Box 2567Southport Old 4215

Email: [email protected]

Attention: Julie Cary

Dear Madam,

Decision Notice - Approval (with Conditions)Given undersection 63 of the PlanningAct 2016

Somerset Regional Council as the Assessment Manager acknowledges receipt of theabove application on 14 December2017 and confirm the following details:

RE: Development application for Material Change of Use for a Development Permit foran Indoor Sport and Recreation (Swimming school) on land described as Lot 31 onRP844991 and situated at S Burns Street, Fernvale.

I wish to advise that, on Wednesday 8 August 2018, the above developmentapplication was approved in full with conditions. The conditions of this approval areset out in Attachment 1.

Approval under s64 (5) - deemed approvalThe application has not been deemed to be approved under section 64 (5) of thePlanning Act 2016 (PA).

1. Details of the approvalThe following approvals are given:

Development Permit Material Change of Use for a Development Permit for anIndoor Sports and Recreation (Swimming school)

ABN 50 138 958 249councilChambers- 2 Redbank Street, Esk QLD 4312

Address all correspondenceto - ChiefExecutive Officer,SomersetRegional Council, PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au

2. Further development permitsThe following development permits are required to be obtained before the developmentcan be carried out:

- Building Permit- Plumbing Permit

3. Approved plans and/or documentsThe approved plans and/or documents for this development approval are listed in thefollowing table:

Plan/Document number Plan/Document name Date

Council's Reference Proposed site plan Received on 9DA17367- Attachment 1 April 2018

Drawing Number: Proposed Pool Shed Floor plan and 25 NovemberDWG_NO-1 Elevations, Drawn and Prepared by C Doyle 2017

at HA Manufactures

Job No: 18-23, Sheet No: Proposed Internal floor plan, Drawn and 23 May 201801, Issue A Prepared by JM at Musters Building Design

Reference Flood/007_1718, Flood Assessment report, Prepared by 25 May 2018Revision 3 Lenecon

4. Properly made submissionsThere were no properly made submissions for this application.

5. Lapsing of approval at end of currencyperiod (s.85 Planning Act 2016)A part of a development approval lapses at the end of the following period (thecurrencyperiod) -

(a) For any part of the developmentapproval relating to a Material Changeof Use

- if the first change of use does not happen within-a. The period stated for that part of the approval; orb. If no period is stated-

6 years after the approval starts to have effect.

(b) If part of a development approval lapses, any monetary security given for thatpart of the approval must be released.

6. Extension applications(1) A person may make an application (an extension application) to the

assessmentmanager to extend a currency period of a development approvalbefore the approval lapses.

(2) The extension application must be -a. Made -i. If the assessmentmanager has a form for the application - inthe form; or

li. By notice; andb. Accompanied by -i. The required fee; and

li. To the extent the application relates to premises, other thanexcluded premises, for which the applicant is not the owner -the written consent of the owner of the premises to theapplication.

7. Lapsing of approval for failing to complete development (s. 88 Planning Act2016)

(1) A development approval, other than a variation approval, for developmentlapses to the extent the development is not completed within any period orperiods required under a development condition.

(2) However, despite the lapsing of the development approval, any security paidunder a condition stated in section 65(2(e) of the Planning Act 2016 may be

used as stated in the approval or agreement under section 67 (to finish thedevelopment, for example).

8. Other requirements under-section 43 of the Planning RegulationFor section 63(3) of the Act, a decision notice for a development application that is

approved must -(a) State any other development permits necessary to allow the development tobe carried out; and

(b) Be accompanied by any approved plans, specifications or drawings for thedevelopment approval; and

(c) If the development involves building work that is building, repairing or alteringa building and is assessable against the building assessmentprovisions- statethe classification or proposed classification of the building or parts of thebuilding under the Building Code; and

(d) If the development application is taken, under the EnvironmentalProtectionAct, section 115, to also be an applicationfor an environmentalauthority - statedetails of any environmental authority given for the application under that Act;and

(e) Be accompanied by a copy of any written agreementundersection 49(4)(b) or66(2)(b) or (c) of the Act relating to the approval.

9. Dispute Resolution - Appeal Rights - Chapter6 Part 1 Planning Act 2016The rights of applicants to appeal to a tribunal or the Planning and Environment Courtagainst decisions about a development application are set out in Chapter6, Part 1 ofthe PlanningAct 2016. For particular applications, there may also be a right to makean application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act2016). A copy of the relevant appeal provisions are enclosed for your information.

Should you wish to discuss the contents of this decision notice, please contactCouncil'splanning section by phoning (07) 5424 4000.

Yours sincerely

Robert BainChief ExecutiveOfficer

Attachment 1- Conditionsof the approval

Attachment2- PA extract on appeal rights

Attachment 1- Conditions of Approval

SCHEEULE 1- GENERAL CONDITIONS

Assessnent ManagerNo Condition Timing1.1 Carry out the development generally in accordance with the material At all times

contained in the development application, supporting documentationand the plan(s) listed below, except where amended by theseconditions of approval.Proposed site plan, Council's Reference DA17367

- Attachment 1,

Received on 9 April 2018.Proposed Pool Shed Floor plan and Elevations, Drawn and Preparedby C Doyle at HA Manufactures, Drawing Number: DWG_NO-1,Dated 25 November 2017.Proposed Internal floor plan, Drawn and Prepared by JM at MustersBuilding Design, Job No: 18-23, Sheet No: 01, Issue A, Dated 23May 2018.Flood Assessment report, Prepared by Lenecon, ReferenceFlood/007 1718, Revision 3, Dated 25 May 2018.

1.2 Comply with relevant provisions of the Somerset Region Planning At all timesScheme; Planning Scheme Policies and Local Laws.

1.3 A legible copy of this development approval package is to be At all times duringavailable on the premises at all times during construction. the construction

phase

1.4 Pay to Council any outstanding rates or charges or expenses that Before the changeare a charge over the subject land levied by Council; and/or levied happensbut not fully paid over the subject land.

1.5 If required, building works and plumbing and drainage works Before theapprovals must be gained. commencementof

use

1.6 The Material Change of Use of the site is for the purposeof an Indoor At all timessports and recreation - Swimming school and may include ancillaryactivities such as office administration and amenities facilities etc.,where these activities remain incidental to and necessarilyassociatedwith the Swimming schoolat all times. This approval doesnot include any other Indoor sports and recreation activities such asindoor public swimming pool, amusement parlour, bowling alley,enclosed tennis courts, gymnasium, squash courts etc.

1.7 Should additional Indoor sports and recreation activities are At all timesproposed to be operating on the premises, prior approvals fromCouncil must be obtained.

1.8 Unless connected to a reticulated sewerage network, provide an on- Before the changesite effluent disposal system that is compliant with the relevant happensAustralian standards.

1.9 Unless connected to a reticulated water supply network, provide Prior to

potable water supply to the development. commencementofuse

Hours of Operationof the Development1.10 Limit the hours of operation of the approved development (including At all times

all outdoor activities related to the operation of the Facility) asfollows:

? Monday to Fridays: 8:30am to 11:30am and 2:30pm to5:30pm;

? Saturdays: 8am to 12pm.? Sunday and Public holidays: Closed

1.11 Operating outside the hours stated in Condition 1.10 will need prior At all timesapproval from Council.

Landscaping1.12 Provide landscaping along the boundaries of the site in the forms of Prior to

fencing and planting. commencementofuse; and

Use a range of trees to enhance the appearance of the shed which At all timeswill mitigate visual impacts upon the streetscape.

SCHEEULE 2 .-· EngineeringAssessment ManagerNo Condition Timing

Engineering2.1 All works are to be designed and constructed in accordance with the At all times

requirements of the Somerset Regional Council Design Standards.

2.2 Bear the costs of works carried out to Council and utility services At all timesinfrastructure and assets, including any alterations and repairsresulting from compliance with these conditions.

Building above Flood Level2.3 Floor heights for non-habitable buildings (except for buildings Prior to

classified under the Building Code of Australia as Class 7a of Class commencementof10) shall be a minimum of the Defined Flood Level (DFL). The usecurrent DFL for lot 31 RP844991 is the 44.35 m AHD.

2.4 The storage of dangerous goods or hazardous materials is located At all timesabove the defined flood level and designed to prevent the intrusionof floodwaters.

Vehicle Access2.5 All vehicular access shall provide convenient and safe access and At all times

egress from the site in accordance with Somerset Regional CouncilDesign Standards.

2.6 The landowner is responsible for construction and maintenanceof At all timesvehicular access for the property, from the road carriageway toproperty boundary in accordance with Council's Policy andStandards. Approval is to be sought from Council and the landownermust advise all potential purchasersaccordingly.

2.7 The Applicant is to construct a vehicle access to the approved Prior tobuilding in accordancewith Council's standard drawing SRC-ROAD·- commencementof013. use

Car Parking2.8 Provide on-site car parking for eight (8) vehicles, including one (1) Prior to

space for disabled persons in accordance with Council Planning commencementofScheme. use

All car parking and circulation areas to be provided with sealedsurface, line marking, or be otherwise designed in accordance withAS2890 and Somerset Regional Council Design Standards.

2.9 Construct and maintain the driveway, vehicle manoeuvring and At all timesparking areas of hard standing material such as concrete, bitumenor asphalt in accordance with Australian Standards.

Disabled persons car parking space must be constructed in

accordance with the Australian Standards.

Refuse Storage Area2.10 Refuse bin storage areas must be provided on the premiseswithin a Prior to

building, outbuilding or other enclosed structure so that it is screened commencementoffrom public view with a minimum 1.5 metre high solid fence or wall. use

Visual and General Arnenity2.11 Any graffiti within the proposed development must be removed At all times

immediately.

2.12 All plant and air conditioning is to be visually screened from the At all timesstreet.

Indoor and OutdoorLighting2.13 Lighting must be provided to the followingareas of the site: Prior to

commencementof? The entries and exits of the approved building. use? The pathways between the parking areas and the

entrances/exitsof the building/s.? Throughoutcar parking areas.

2.14 The outdoor lighting of the development must mitigate adverse Prior tolighting and illumination irnpacts by: commencementof

use? Not causing nuisance by way of light spill or glare at adjacent

properties and roadways.? Providing graduated intensity lighting with lower level

brightness at the perimeter of the subject land and higherintensities at the centre of the subject land.

? Directing lighting onto the subject land and away fromneighbouring properties.

? Using shrouding devices to preclude light overspill ontosurrounding properties where necessary.

? Not operating lighting that uses sodium lights or flare plumes.

Stormwater2.15 Ensure Stormwater drainage is delivered to a lawful point of At all times

discharge.

2.16 Stormwater Drainage and flows are to have a no worsening effect on At all timesadjoining, upstream, or downstream landholders.

Erosion and Sediment Control2.17 Erosion and sedimentation controls shall be implemented, as At all times

necessary, and shall be maintained to Council's satisfaction at alltimes during the course of the project. Should Council determine thatproposed controls are ineffective or a downstream drainage systemhas become silted, the developer will:

? Be required to install additional measures.? Be responsible for the restoration work.

Should the developer fail to complete the works determined byCouncil within the specified time, the Council will complete the workand recover all costs from the developerassociated with the work.

2.18 Measures shall be applied to prevent site vehicles tracking sediment At all timesand other pollutants onto adjoining streets during the course of theproject, and to prevent dust nuisance.

2.19 Where vegetation is removed, the vegetation waste shall be At all timesdisposed of by:

i) Milling;ii) Chipping and/or mulchinglii) Disposal at an approved waste disposal facility.

No incineration of vegetation or waste will be permitted at the site.Waste other than vegetation waste, generated as a result of theoperations shall be disposed of to an approved disposal facility.

SCHEEULE 3- Environmental

Assess nent ManagerNo. Condition Timing3.1 All buildings, structures, fittings, fixtures and grounds forming part of At all times

this development approval must be maintained .-

? In a serviceable condition; and? In a state of good repair and efficient action; and? In a clean, sanitary condition; and? Free of accumulated disused materials; and? Free of verrnin and pest infestations.

3.2 All solid, semi-solid and liquid waste generated from the construction Before the changeand occupation of this approved development must be collected and happensdisposed of by Council's contractoror other Council approved wastecollector unless otherwise approved by Council.

3.3 All construction/ demolition or other waste is to be removed from the Before the changesite and deposited at an approvedwaste disposal facility in a manner happensacceptable to Somerset Regional Council unless otherwiseauthorised by Council.

3.4 The holder of this development approval must not: At all times

? Burn or bury waste generated in association with thisdevelopment approval at or on the development site; nor

? Allow waste generated in associationwith this developmentapproval to burn or be burnt or buried at or on thedevelopmentsite; nor

? Stockpile any waste on the developmentsite.

3.5 The holder of this development approval must not: Before theCertificate of

? Release stormwater runoff into a roadside gutter/ swale, Classification for thestormwater drain or water that results in a build-up of sand, building work is

silt or rnud in the gutter, drain or water; or issued? Deposit sand, silt or mud in a roadside gutter, stormwater

drain or water; or in a place where it could reasonably be

expectedto move or be washed into a roadside gutter/swale,stormwaterdrain or water and result in a build-upof sand, siltor mud in the gutter, drain or water.

3.6 Light sources must be positioned and shielded, when necessary, to At all timesprevent light spillage causing a nuisance to any sensitive receptoroutside the boundaries of the developmentsite.

3.7 Notwithstandingany other condition of this development permit, this At all timesdevelopmentpermit does not authorise any release of contaminantsthat causes, or is likely to cause, an environmental nuisance orenvironmental harm beyond the boundaries of the development site.

3.8 All general waste produced as part of the operation must be At all timesdisposed of through either:

a. The number of standard waste services as determined byCouncil; or

b. A private agreement with a licensed waste disposalcontractorthrough an exemption granted by Council.

SCHEDULE 4 - AdviceAssessment ManagerThis approval has effect in accordancewith the provisions of section 71 of the PlanningAct 2016. [Acopy of section 71 will be enclosed with the Decision Notice[

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval will lapse if the firstchange of the use under the approval does not start within the 'currency period'-being six (6) yearsstarting the day the approval takes effect.

The applicant may make representations (change representations) about a matter in thisdevelopmentapplicationwithin the applicant's appeal period under the process established in chapter3, part 5, subdivision 1 of the PlanningAct 2016.

The Planning Act 2016 provides for a person to make a change to this development applicationoutside the applicant's appeal period, following the process outlined in chapter 3, part 5, subdivision2 of the Act.

Separate development approval is required for any building work and plumbing/drainage worknecessitated by the conditions contained in this approval.

Dust pollution arising from the construction and maintenance of the works required by this approvalare the applicant's responsibility. The applicant must comply with any lawful instruction fromCouncil's Operations Department if in Council's opinion a dust nuisance exists.

The rights of applicants to appeal to a tribunal or the Planning and Environment Court againstdecisions about a development application are set out in chapter 6, part 1 of the Planning Act 2016.For particular applications, there may also be a right to make an application for a declaration by atribunal (see chapter 6, part 2 of the Planning Act 2016).

Landowners are responsible for the construction and maintenance of any vehicular access for theproperty, from the road carriagewayto property boundary in accordancewith Council'sstandards.

This development approval is for the proposed development only. Any additional structures proposedmay require their own planning approval and will be assessed on its own merits

This approval has effect in accordancewith the provisions of section 71 of the PlanningAct 2016. [Acopy ofsection 71 will be enclosed with the Decision Notice[

A11 building work is to comply with the provisions contained in the Building Act; the BuildingRegulation, the Building Code of Australia, the Queensland Development Code and relevantAustralian Standards.

BiosecurityQueenslandshould be notified on 13 25 23 of proposed development(s)occurring in theFire Ant Restricted Area before earthworks commence. It should be noted that works involvingmovements of soil associated with earthworks may be subject to movementcontrois and failure toobtain necessaryapprovals from Biosecurity Queenslandis an offence.

It is a legal obligation to report any sighting or suspicion of fire ants within 24 hours to BiosecurityQueensland on 13 25 23.

The Fire Ant Restricted Area as well as general information can be viewed on the DAF websitewww.daf.qld.qov.au/fireants

All due diligence and reasonable precautionary measures are to be undertaken before 'any activity'may harm Aboriginal Cultural Heritage on the site.

A\l works shall be carried out in accordancewith the Workplace,Health and SafetyAct (as amended)and the workplace Health and Safety Regulation (as amended).

Construction hours are 6:30am to 6:30pm Monday to Saturday, with no work to be undertaken onSundays or public holidays. Noise levels from construction work shall at all times comply with therequirementsof the Environmental Protection Act 1994.

The Dwelling house on-site will be occupied by the caretakers of the proposed development."Carried

BURNSSTREET DA17367 - Attachment 1

APPROVEDSomerset Regional CouncilASSESSMENTMANAGER

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LENECONENGINEERING WATER ENV1RONMENT

PO Box 390Booval QLD 4304

Tel: 07 3813 5609Fax: 07 3812 3330

Email: [email protected]: www.lenecon.com.au

Flood Assessment

5 Burns St, Fernvale

25 May 2018Reference Flood/007_1718Revision 3

TABLE OF CONTENTS

1 0 ntroduct on........................................................................................................................................32 0 Descripton of SubjectS te.................................................................................................................43 0 F ood Hazard and R sk Assessment..................................................................................................54 0 Conc us on

.........................................................................................................................................7

Append x A: Site SurveyAppend x B: Property Flood Map

Version Date Comment Approved1 26 October 2017 In support of a swim school A Lenehan

RPEQ8181

2 20 February 2018 Revised layout A Lenehan

RPEQ8181

3 25 May 2018 In response to information A Lenehan

request RPEQ8181

Flood Assessment- 5 Burns St, Fernvale Page 2

1.0 Introduction

This Flood Assessmenthas been undertaken in support of facilities for a proposed swimming school on 5Burns Street, Fernvale (Lot31 RP 844991).The objectiveof this report is to demonstratethat the proposeddevelopmentcomplies with the Flood Hazard OverlayCode in the Somerset Region Planning Scheme.

Flood Assessment-5 Burns St, Fernvale Page 3

2.0 Description of Subject Site

The subjectsite is located at 5 Burns Street, Fernvale as shown in Figure 1. The site includes a total areaof 3,520m2and is currentlyoccupied with a dwelling as detailed in the survey in Appendix A.

N

tSUBJECT SITL

0n1...... 20m

Figure 1 - Location of SubjectSite

The subjectsite is subjectto flooding from a tributary of Femy Gully Creek and has a definedflood level of44.35m AHD in a 100 year event (Q100)as shown in Appendix B. Levels on the site range from

approximately 44.35m to 42.75m AHD and the site is mostly affectedby the low flood hazard area withsome of the significant flood hazard area affecting the site along the eastern boundary.

Flood Assessment - 5 Burns St, Fernvale Page 4

3.0 Flood Hazard and Risk Assessment

The proposed development consists of facilities for a swim school including a building, car park and vehicleaccess to Banks Creek Road. The layout of the proposed development with respect to the flood hazard

areas as shown in Figure 2 indicates that most of the proposed development will be affected by the lowflood hazard area.

Figure 2- Flood Hazard Areas on SubjectSite

in order to comply with the Flood Hazard Overlay Code, the development will need to be located anddesigned to a numberof performanceoutcomes, including:

a) maintain hydrological function of the premises;b) not increase the number of people calculated to be at risk from flooding;

c) minimises the flood impacton adjoiningpremises;d) ensure the safety of all persons by ensuring that a proportion of the building is set above the

definedflood level;

e) reduce the carriage of debris in flood waters;f) reduce propertydamage; and

g) provide road access to the building above the level of the 1% AEP flood level.

Flood Assessment -5 Burns St, Fernvale Page 5

A numberof acceptableoutcomes have been incorporated into the developmentdesign in order to achievethe required performanceoutcomes. This includes setting the minimum floor level at the defined flood level

of 44.35m AHD to ensure administrative areas and services, plant and equipment are above the flood level.The operation of the business will also include continuity plans to account for the potential to relocatevulnerable property prior to a flood event.

Construction of the building with a floor level of 44.35m AHD will require some fill with an estimated volumeof less than 150m3. This will not result in flood impact on adjoiningproperties as the volume of fill isinsignificant with respect to the flood volume in the flood plain and will be less than the 50m3 fill aboveground level per 1,000m2of site area as determined in the Flood Hazard OverlayCode.

The people at risk from flooding will not increase as the developmentis not for accommodation and is for a

commercial operation undertaken during business hours. Although vehicle access is through the boundary

of the significant flood hazard area, it is not considered that this will increase the flood risk to people asdirect pedestrian access to a flood free area on site is available and the duration of restricted vehicle accesswould not be significant.


4.0 Conclusion

This report has been undertaken to assess flooding on the subjectsite with respect to the proposedswimming school. Most of the site is affected by the low flood hazard area and the risk to people fromflooding will not increase as the floor level of the building will be set to the defined flood level and there isdirect pedestrian access to a flood free area on the site. The proposed developmentcomplieswith the FloodHazard OverlayCode in the SomersetRegion Planning Scheme.


Appendix A

Site Survey

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Appendix B

Property Flood Map

Sorrïerset... p g ,) i O N A 1. C O U N C ii

. . POBox117. .

.2 Redbank StEsk QLD 4312Ph 07-5424 4000Fax 07-5424 4099

Email: [email protected].

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Planning Act 2016 Planning Act 2016Chapter 6 Dispute resolution Chapter6 Dispute resolution

[s 229] [s 2291

(2) The person is taken to have engaged in the representative'sconduct, unless the person proves the person could not haveprevented the conductby exercising reasonablediligence.

(3) In this section-conductmeans an act or omission.

representativemeans-(a) of a corporation-an executive officer, employee or

agentof the corporation;or(b) of an individual-an employee or agent of the

individual.

state ofmind, of a person, includes the person's-(a) knowledge,intention,opinion, belief or purpose; and

(b) reasons for the intention, opinion, beliefor purpose.

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court(1) Schedule 1 states-

(a) matters that may be appealedto-(i) either a tribunalor the P&E Court; or(ii) only a tribunal; or

(iii) only the P&E Court; and

(b) the person-(i) who may appeal a matter (theappellant); and

(ii) who is a respondent in an appeal of the matter; and

(iii) who is a co-respondentin an appeal of the matter;and

(iv) who may elect to be a co-respondent in an appealof the matter.

(2) An appellant may start an appeal within the appealperiod.(3) The appealperiodis--

(a) for an appeal by a building advisory agency-10business days after a decision notice for the decision isgiven to the agency;or

(b) for an appeal against a deemed refusal-at any timeafter the deemed refusal happens;or

(c) for an appeal against a decision of the.Minister, under

chapter 7, part 4, to register premises or to renew theregistrationof premises-20business days after a noticeis publishedunder section 269(3)(a)or (4);·or

(d) for an appeal against an infrastructure chargesnotice-20business days after the infrastructure chargesnotice is given to the person; or

(e) for an appeal about a deemed approval of a developmentapplication for which a decision notice has not been

given-30 business days after the applicant gives thedeemed approval notice to the assessmentmanager;or

(f) for, any other appeal-20business days after a notice ofthe decision for the matter, including an enforcementnotice, is given to the person.

Note-See the P&E Court Act for the coun's power to extend the appealperiod,

(4) Each respondent and co-respondent for an appeal may beheard in the appeal.

(5) If an appeal is only about a referral agency's response, theassessment managermay apply to the tribunal or P&E Courtto withdrawfrom the appeal.

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[s230] [s231]

(6) To remove any doubt, it is declared that an appeal against an (f) for an appeal to the P&E Court-the chief executive;infrastructurecharges notice mustnot be about- and(a) the adopted chargeitself; or (g) for an appeal to a tribunal under anotherAct-any other(b) for a decision about an offset or refund_ person who the registrarconsiders appropriate.

(i) the establishment cost of trunk infrastmeture (4) Theserviceperiodis-identified in a LGIP; or (a) if a submitter or advice agency started the appeal in the

(ii) the cost of infrastructuredecidedusing the methodP&E Court-2 business days after the appeal is started;

included in the local govemment's chargesresolution. (b) otherwise-.10businessdays after the appeal is started.

(5) A notice of appeal given to a person who may elect to be a. co-respondentmust state the effect of subsection (6).230 Notice of appeal

(1) An a ellant starts an eal by lodging, with the registrarof(6) A person elects to be a co..respondent by filing a notice ofpp app

election, m the approved form, withm 10 business days afterthe tribunalor P&E Court, a notice of appeal that- the notice of appeal is given to the person.(a) is in the approvedform; and (7) Despite any other Act or rules of court to the contrary, a copy(b) succinctly states the grounds of the appeal. of a notice of appeal may be given to the chief executive by(2) The notice of appeal must be accompanied by the required emailing the copy to the chief executive at the email address

fee. stated on the department'swebsite for this purpose.

(3) The appellant or, for an appeal to a tribunal, the registrar,must, within the service period, give a copy of the notice of 231 Other appealsappeal to- (1) Subjectto this chapter, schedule 1 and the P&E Court Act,(a) the respondent for the appeal; and unless the Supreme Court decides a decision or other matter

under this Act is affected by jurisdictional error, the decision(b) each co-respondent for the appeal; and or matter is non-appealable.(c) for an appeal about a development application under (2) The Judicial ReviewAct 1991,part 5 applies to the decisionorschedule 1, table 1, item 1-eachprincipal submiuer for matter to the extent it is affected by jurisdictionalerror.the developmentapplication; and

(3) A person who, but for subsection (1) could have made an(d) for an appeal about a change application under schedule application under the Judicial Review Act 1991 in relation to1, table 1, item 2-each principal submitter for the the decisionor matter, may apply underpart4 of that Act for achangeapplication; and statement of reasons in relation to the decision or matter.(e) each person who may elect to become a co-respondent (4) In this section-for the appeal, other than an eligible submitter who is decision includes-not a principal submitter in an appeal under paragraph

(c) or (d); and

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is 232]

(a) conduct engaged in for the purpose of making adecision; and

(b) other conduct that relates to the making of a decision;and

(c) the making of a decision or the failure to make adecision; and

(d) a purported decision; and

(e) a deemedrefusal.

non-appealable,for a decision or matter, means the decisionor matter-(a) is flnal and conclusive;and

(b) may not be challenged, appealed against, reviewed,quashed, set aside or called into question in any otherway under the Judicial Review Act 1991 or otherwise,whether by the Supreme Court, another court, anytribunal or anotherentity; and

(c) is not subject to any declaratory, injunctive or otherorder of the Supreme Court, another court, any tribunalor anotherentity on any ground.

232 Rules of the P&E Court(1) A person who is appealing to the P&E Court must comply

with the rules of the court that apply to the appeal.(2) However, the P&E Court may hear and decide an appeal even

if the person has not complied with rules of the P&E Court.

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PlanningAct 2016Planning Act 2016

Schedule 1

Schedule1

Schedule 1 Appeals

section 229

1 Appeal rights and parties to appeals(1) Table 1 states the matters that may be appealedto-.

(a) the P&E court; or(b) a tribunal.

(2) However, table 1 applies to a tribunal only if the matterinvolves-(a) the refusal, or deemed refusal of a development

application,for-(i) a material change of use for a classified building;

or

(ii) operationalwork associated with building work, a

retaining wall, or a tennis court; or(b) a provision of a developmentapprovalfor-

(i) a material change of use for a·classified building;or

(ii) operational work associatedwith building work, aretaining wall, or a tennis court; or

(c) if a development permit was applied for-the decisionto give a preliminary approval for-(i) a material change of use for a classified building;

or

(ii) operational work associatedwith building work, aretainingwall, or a tennis court; or

(d) a developmentcondition if-(i) the development approval is only for a material

change of use that involves the use of a buildingclassified under the Building Code as a class 2building; and

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(ii) the building is, or is proposed to be, not more than3 storeys; and

(iii) the proposed development is for not more than 60sole-occupancyunits; or

(e) a decision for, or a deemed refusal of, an extensionapplication for a developmentapproval that is only for a

materialchangeof use of a classifiedbuilding; or(f) a decision for, or a deemed refusal of, a change

application for a developmentapproval that is only for a

material change ofuse of a classifiedbuilding; or(g) a matterunder this Act, to the extent the matterrelates to

the Building Act, other than a matterunder that Act thatmay or must be decided by the QueenslandBuilding andConstructionCommission;or

(h) a decision to give an enforcementnotice-(i) in relation to a matter under paragraphs (a) to (g);

or(ii) under the Plumbing and Drainage Act; or

(i) an infrastructurecharges notice; or(j) the refusal, or deemed refusal, of a conversion

application;or(1) a matter prescribed by regulation.

(3) Also, table 1 does not apply to a tribunal if the matterinvolves-(a) for a matter in subsection (2)(a)to (d)-

(i) a developmentapproval for which the developmentapplication requiredimpact assessment;and

(ii) a developmentapproval in relation to which theassessment manager received a properly madesubmissionfor the development application; or

(b) a provision of a development approval about theidentification or inclusion, under a variation approval, ofa matter for the development.

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Schedule 1

Schedule1

(4) Table 2 states the matters that may be appealed only to theP&E Court.

(5) Table 3 states the matters that may be appealed only to thetribunal.

(6) In each table-(a) column I states the appellant in the appeali and

(b) column2 states the respondent in the appeal; and(c) column 3 states the co-respondent (if any) in the appeal;

and

.- (d) column 4 states the co-respondents by election (if any)in the appeal.

(7) If the chiefexecutivereceives a notice of appeal undersection230(3)(f), the chief executive may elect to be a co-respondentin the appeal.

(8) In this section-storey see the Building Code,part A1.1.

Table 1Appealsto the P&E Courtand, for certa(n matters, to a tribunal

1. DevelopmentapplicationsFor a development applicationother than a developmentapplicationcalled in by theMinister,an appeal may be made against--(a) the refusal of all or part of the development application;or(b) the deemed refusal of the developmentapplication;or(c) a provisionof the development approval;or(d) if a developmentpermit was applied for---the decision to give a preliminary

approval.

Table 1Appeals to the P&E Courtand, for certain matters, to a tribunal

Column 1 Column 2

Appellant Respondent

The applicant The assessmentmanager

Column 3 - Column4Co-respondent Co-respondent

(if any) by election (ifany)

If the appeal is about 1 A concurrencea concurence agency that isagency's referral not aresponse-the co-respondentconcurrence agency 2 If a chosen

assessmentmanager is therespondent-theprescribedassessmentmanager

3 Any eligibleadvice agencyfor theapplication

4 Anyeligiblesubmitterfor theapplication

2. ChangeapplicationsFor a changeapplication other than a changeapplicationmade to the P&ECourt or calledin by the Minister, an appeal may be made against-(a) the responsibleentity's decision on the changeapplication; or(b) a deemed refusal of the change application.

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Schedule 1

Schedule1

Table 1Appeals to the P&E Court and, for certain matters, to a tribunal

Column 1 Column 2 Column3 Column4Appellant Respondent Co-respondent Co-respondent

(ifany) by election (ifany)

1 The applicant The responsible If an affectedentity I A concurrence2 Ifthe entity startsthe agencyforthe

responsible appeal-the development

entity is the applicam applicationassessment 2 If a chosenmanager--an assessmentaffected entity manager is thethat gave a respondent-thepre-request prescribednotice or assessmentresponse notice manager

3 A privatecertifierfor thedevelopment

application4 Any eligible

advice agencyfor the changeapplication

5 Any eligiblesubmitter for thechangeapplication

3. ExtensionapplicationsFor an extensionapplication other than an extensionapplication called in by the Minister,an appeal maybe made against-(a) the assessment manager's decision on the extensionapplication; or(b) a deemed refusal of the extensionapplication.

Table 1Appeaisto the P&E Court and, for certain matters, to a tribunal

Column 1 Column2 - Column3 Column 4Appellant Respondent Co-respondent Co-respondent


i The applicant The assessment2 Foramarter manager

other than adeemedrefusalof an extensionapplication--aconcurrenceagency,other

. than the chiefexecutive,forthe application

If a concurrenceagency starts theappeal--theapplicant

if a chosenassessmentmanageris the

respondent--theprescribedassessment manager

4. Infrastructurecharges noticesAn appeal may be made againstan infrastructurecharges notice on 1 or more of thefollowinggrounds-(a) the notice involved an error relatingto-

(i) the applicationof the relevant adoptedcharge;orExamplesofern>rs in applying an adoptedcharge-·-

? the incorrect application ofgross floorarea for a non-residential development? applyingan incorrect 'use category', under a regulation, to the development

(ii) the working out of extra demand,forsection 120; or(iii) an offset or refund;or

(b) there was no decision about an offset or refund; or(c) if the infrastructure charges noticestates a refund will be given-the timing forgiving the refund; or(d) for an appeal to the P&E Court--theamountof the chargeis so unreasonable that noreasonablerelevant local governmentcould have imposed the amount,

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.- Table 1Appeals to the P&E Court and, for certain matters, to a tribunal

Column 1 Column 2 Column 3 Column4Appellant Respondent Co-respondent Co-respondent


The person given the The localinfrastructure governmentthatgavecharges notice the infrastructure

chargesnotice

5. Conversion applications

An appeal may be madeagainst-(a) the re fusal of a conversion application; or(b) a deemed refusal of a conversion application.



The appHeant The local-- --governmentto which

the conversionapplication wasmade

6. Enforcement notices

An appeal may be made against the decision to give an enforcement notice.Column 1 Column 2 Column3 Column4Appellant Respondent Co-respondent Co-respondent

(if any) by election(ifany)

The person given the The enforcementenforcementnotice authority - Iftheenforcement

authority is not thelocal governmentforthe premises inrelation to which theoffenceis alleged tohave happened-thelocal government

Table2Appeals to the P&E Court only

I. Appeals from tribunalAn appeal may be made againsta decision of a trlbunal, other than a decisionundersection252, on the ground of--(a) an error or mistakein law on the part of the tribunal;or(b) jurisdictionalerror.

Column ] Column 2 Column 3 Column4Appellant Respondent Co-respondent Co-respondent


A party to the The otherparty to the

- -proceedingsfor the proceedingsfor thedecision decision

2. Eligible submitter appealsFora developmentapplicationor changeapplication other than an application decidedbythe P&E Court or called in by the Minister,an appeal may be made against the decisionto approve the application,to the extent the decision relates to-(a) any part of the developmentapplicationor change applicationthat requiredimpact

assessment; or(b) a variationrequest.

Column 1 Column 2 Column 3 Column 4Appellant Respondent Co-respondent Co-respondent


1 For a 1developrnent

application-aneligiblesubmitterfor thedevelopment

2application

2 For a changeapplication-aneligiblesubminer for thechangeapplication

Fora Idevelopment 2application-theassessmentmanager

For a changeapplication-theresponsibleentity

The applicant AnothereligibleIf the appeal is submitter for theabout a - applicationconcurrenceagency's referralresponse-theconcurrenceagency

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Table 2Appeals to the P&E Court only

3. Eligiblesubmitterand eligible advice agency appealsFor a developmentapplicationor change applicationother thanan applicationdecidedbythe P&E Courtor called in by the Minister,an appeal may be made against a provision ofthe developmentapproval, or a failure to include a provisionin the developmentapproval,to the extent the matter relates to-(a) any part of the developmentapplication or change application that required impact

assessment; or(b) a variation request.

Column 1 Column 2 Column3 Column 4

Appellant Respondent Co-respondent Co-respondent


1 For a 1

development

application--aneligiblesubmitterfor thedevelopment 2application

2 For a change

application-aneligiblesubmitter for thechangeapplication

3 An eligibleadvice agencyfor thedevelopmentapplication orchangeapplication

Foradevelopment 2application--theassessmemmanagerForachangeapplication-theresponsibleentity

The applicant Anothereligible

lf the appeal is submitter for the

abotit a applicationconcurrenceagency'sreferralresponse-theconcurrenceagency

4. CompensationclaimsAn appeal may be made against-(a) a decisionunder section 32 about a compensationclaim; or(b) a decision under section 265 abouta claim for compensation;or(c) a deemedrefusal of a claim under paragraph(a) or (b).

Table2Appeals to the P&E Court only

Column I Column 2 Column3 Column 4



A person dissatisfied The local--with the decision governmentto which

the claimwas made

5. RegisteredpremisesAn appeal may be madeagainsta decision of the Ministerunder chapter7, part 4.

Column I Column2 Column 3 Column 4Appellant Respondent Co-respondent Co-respondent


1 A person given a The Minister.- If an ownerordecision notice occupierstarts the

about the appeal-theownerofdecision the registered2 If the decision is PT°MIS©S

to registerpremisesorrenew theregistration ofpremises--anowner oroccupier ofpremisesin theaffected area forthe registeredpremises who isdissatisfiedwiththe decision

6. Local laws

An appeal may be made against a decision of a local government,or conditionsapplied,under a local law about--(a) the use of premises, other than a use that is the natural and ordinary consequenceofprohibiteddevelopment; or(b) the erection of a buildingor otherstructure.

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Schedule1 ?

Schedule 1

Table 2Appeals to the P&E Courtonly

Column 1 Column 2 Column3 Column 4



A person who- The local

(n) applied for thedecision;and

(b) is dissatisfiedwiththedecisionor conditions.

Table 3

Appealsto a tribunal only1. Building advisory agency appeals

An appeal may be made against givinga developmentapprovalforbuildingwork to theextent the buildingwork required code assessmentagainst the building assessmentprovisions.

Column 1 Column2

Appellant Respondent

A building advisory The assessmentagency for the managerdevelopmemapplicationrelated totheapproval

Colunm3 Column 4

Co-respondent Co-respondent


The applicam 1 A concurrenceagency for thedevelopmentapplicationrelated to theapproval

2 A privatecertiflerfor thedevelopment

applicationrelated to theapproval

Table 3Appeals to a tribunal only

2. Inspection of building workAn appeal maybe made against a decision of a buildingcertifieror referral agency aboutthe inspection ofbuildingwork that is the subjectofa buildingdevelopmentapprovalunder the Building Act.

Column 1 Column2 Column3 Column4



The applicantfor the The person who

- -development made the decisionapproval

3. Certain decisions under the Building A ct and the Plumbing and Drainage ActAn appeal may be made against.---(a) a decisionunder the BuildingAct, other than a decision made by the Queensland

Building and Construction Commission, if an infonnationnotice about the decisionwas givenor required to be given Linder that Act; or

(b) a decision underthe Plumbingand DrainageAct, part4 or 5, ifan informationnoticeabout the decision was given or required to be given under that Act.

Column 1 Column2 Column 3 Column 4



A person who The person whoreceived,or was made the decisionentitled to receive, aninformationnoticeabout the decision

4. Local government failure to decide applicationunder the Building ActAn appeal may be made againsta local government'sfailure to decide an applicationunder the Building Act within the periodrequiredunder that Act.

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Table 3

Appealsto a tribunal only



A person who was The localentitled to receive governmentto whichnotice of the decision the applicationwas

made

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somerset · application was approved in full with conditions. the conditions of this approval are...

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