somerset · somerset regional council officer: mathew stevens, planning officer-graduate phone:...

SomersetREGIONAL COUNCIL

Officer: Mathew Stevens, planning officer - graduatePhone: (07) 5424 4000Application reference: DA18852Applicant reference: 22981

22 October 2019

Hinterland Surveys Pty LtdPO Box 693MALENY QLD 4552

Email: [email protected]

Attention: Anthony Gray

Dear Mr Gray,

Decision Notice - Approval (with Conditions)Given under section 63 of the Planning Act 2016

Somerset Regional Council as the Assessment Manager acknowledges receipt of theabove application on 28 August 2019 and confirm the following details:

RE: Development application for Reconfiguring a Lot by Boundary Realignment (twointo two lots) situated at Cedarvale Road, Sandy Creek on land described as Lots 2and 4 on SP224578.

I wish to advise that, on Thursday, 17 October 2019, the above developmentapplication was approved in fuli with conditions. The conditions of this approvalare set 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 Reconfiguringa Lot by Boundary Realignment (two intotwo lots)

ABN 50 138 958 249CouncilChambers - 2 RedbankStreet, Esk QLD4312

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

2. 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

Plan No. 22981 proposal 4 Proposed Plan of Boundary 22 August 2019Realignment- prepared by HinterLandSurveys for PP Rural Pty Ltd

3. Lapsing of approvalat end of currency period (s.85 Planning Act 2016)A part of a development approval lapses at the end of the following period (the

currencyperiod)-(a) For any part of the development approval relating to a Material Change of

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) For any part of the development approval relating to Reconfiguring a Lot - ifa plan for the reconfiguration that, under the Land Title Act, is required to be

given to a local government for approval is not given to the local governmentwithin -a. The period stated for that part of the approval; or

b. if no period is stated - 4 years after the approval starts to have effect.

(c) For any part of the development approval relating to any other development(i.e. Operational Work) - if the development does not substantially startwithin.-.

a. The period stated for that part of the approval; orb. If no period is stated -

2 years after the approval starts to take effect.

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

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

assessment manager to extend a currency period of a developmentapprovalbefore the approval lapses.

(2) The extensionapplication must be -a. Made -i. If the assessment manager has a form for the application - in

the form; orli. By notice; and

b. Accompanied by -i. The required fee; andli. To the extent the application relates to premises, other than

excluded premises, for which the applicant is not the owner -the written consent of the owner of the premises to theapplication.

5. 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) A variation approval for development lapses to the extent the developmentis not completed within -a. If a development condition required the development to be completed

within a stated period or periods - the stated period or periods; orb. If paragraph (a) does not apply - the period or periods the applicant

nominated in the development application; orc. Otherwise- 5 years after the approval starts to have effect.

(3) 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).

6. Dispute Resolution - Appeal Rights .-. Chapter 6 Part 1 Planning Act 2016The rights of applicants to appeal to a tribunal or the Planning and EnvironmentCourt against decisions 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 rightto make an application for a declaration by a tribunal (see chapter 6, part 2 of thePlanning Act 2016). A copy of the relevant appeal provisions are enclosed for yourinformation.

Should you wish to discuss the contents of this decision notice, please contactCouncil'splanning officer graduate, Mathew Stevens on (07) 5424 4000.

Yours sincerely,

Bob HolmesActing Chief Executive Officer

Attachment 1- Conditionsof the approval

Attachment 2 - PA extract on appeal rights

Attachment 1- Conditions of Approval

SCHEDULE 1- GENERAL CONDITIONS

AssessmentManagerNo Condition Timing1.1 Carry out the development generally in accordance with the At all times.

material contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval.Proposed plan of boundary realignment, Prepared byHinterLand Surveys for PP Rural Pty Ltd, Plan No 22981

proposal 4, Dated 22 August 2019, Council's referenceDA18852 - Attachment 1

1.2 A Licensed Surveyor must install new Survey Marks in their Prior to Plan ofcorrect positions in accordance with the Survey Plan and the Subdivisionwork must be certified in writing. Endorsement

Request.

Biodiversity- Koala habitat1.3 Any fencing to be established on the property is designed to At all times

provide for safe koala movement opportunities appropriate tothe type of the development and habitat connectivity values ofthe site. Fencing must either:

(a) Consists of post and rail with a minimum gap of 300millimetres between rails, or

(b) Other fencing material that has holes or gaps of aminimum of 300 millimetres in diameter, and the firstgap is flush with the ground or no more than 400

millimetres from the groundSCHE·DULE 2

- ENGINEERINGAssetsment ManagerNo Condition Timing2.1 Bear the costs of works carried out to Council and utility Prior to Plan of

services infrastructure and assets, including any alterations Subdivisionand repairs resulting from compiiance with these conditions. Endorsement

Request.

2.2 Meet the cost of all works carried out to infrastructure, services Prior to Plan ofand public utilities, including any alterations resulting from Subdivisioncompliance with these conditions whether carried out by EndorsementCouncil, or otherwise. Request.

2.3 Repair any damage to Council infrastructurethat occurs during Prior to Plan ofany works carried out in association with the approved Subdivisiondevelopment. Endorsement

Request.

2.4 All works are to be designed and constructed in accordance At all times.with the requirements of the Somerset Regional CouncilDesign Standards.

Vehicle access

2.5 All vehicular access for new allotmentsshall provide Prior to Plan ofconvenient and safe access and egress from the site in Subdivisionaccordance with Somerset Regional Council Design EndorsementStandards. Request.

2.6 The landowner is responsible for maintenance of vehicular At all times.access for the property, from the road carriageway to propertyboundary in accordance with Council's Policy and Standards

Stormwater2.7 Stormwater Drainage and flows are to have a no worsening At all times.

effect on adjoining, upstream, or downstream landholders.

Erosion and sediment control2.8 Erosion and sedimentation controls shall be implemented, as At all times.

necessary, and shall be maintained to Council's satisfactionatall times during the course of the project. Should Councildetermine that proposed controls are ineffective or adownstream drainage system has become silted, thedeveloperwill:

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

SCHE DULE 3 - ADVICEAssessmentManagerThis approval has effect in accordance with the provisions of section 71 of the Planning Act2016. [A copyofsection 71 will be enclosedwith the Decision Noticel

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval will lapse ifthe first change of the use under the approval does not start within the 'currency period' -being four (4) years starting the day the approval takes effect.

This approval requires Council to approve a plan of subdivision before the plan can be

registered or otherwise recorded, pursuant to Part 9. Section 69 of the PlanningRegulation2017.

The applicant may make representations (change representations) about a matter in thisdevelopment application within the applicant's appeal period under the process establishedin chapter 3, 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.

The form Application to Approval Plan of Subdivision [version 1.0 effective 3 July 2017]must be completed by the person requesting development assessment of this conditionalapproval. The form must be submitted to Council and must be accompanied by the relevantfees, and a compliance summary of development conditions. If there is insufficient space onthe form, the person must attach extra pages outlining compliance.

Landowners are responsiblefor the construction and maintenance of any vehicular access forthe property, from the road carriagewayto property boundary in accordance with Council'sstandards. Approval is to be sought from Council and the landowner must advise all potentialpurchasers accordingly.

The Plan of Subdivision will not be released until all works are completed to Council'ssatisfaction or uncompleted works are suitably bonded.

Pay to Council any outstanding rates or charges or expenses that are a charge over thesubject land levied by Counci1; and/or levied but not fully paid over the subject land.

Any further developments of the site may require further approvals.

Comply with the relevant provisions of the Somerset Region Planning Scheme, PlanningScheme Policies and Local Laws.

DA18852 - Attachment 1

Do not copy without consent from Hinferland SurveysAreos, dimensions and number of lots issubject to Council approval and field survey.

Contours derived from topographirmapping available from the

459 5// somerset Regional Council

CGio CG10

ROAD- - 1708882

APPFIOVED- SomeiseMeginal cosacil

for W1eASSESSMENTMANAGER 5//

M 18052 17mmspms78

30.29

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409·64ha Bal 487

ExistingBoundary

mtAGOODLA

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nrie3559 5/RP82121 SP/7f593

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ExistingA ccess

22 Aug 2019 o soom ooomI

Client: PP Rural Pty Ltd Scale: : 10000 A3

Prop Reconfigurationby Bdy M r riandRealignmentLots 2 & 4 SurTeysOver Lots 2 a 4 on SP224578 ma ,÷hmierlandsurveys.com .hnte

a tv sbnyr

o%"Ü,I2"e°3°'a'"""e's©',.'.'c".rr,,;

s..,y c,.. u.,,,,.m sg22437, Plan No: 22981 proposal4

PlanningAct2016 PlanningAct 2010

Chapter 6 Disputeresolution Ghapter6 Disputeresolution

[s229] [s 229]

(2) The person is taken to have engaged in the representative's (iii) who is a co-respondentin an appeal of the matter;

conduct. unless the person proves the person could not have and

prevented the conduct by exercisingreasonablediligence. (iv) who may elect to be a co-respondent in an appeal

(3) In this section- of the matter.

conduct means an act or omission. (2) An appellantmay start an appealwithin the appeal period.

representativemeans- (3) The appealperiod is-(a) of a corporation-an execative officer, employee or (a) for an appeal by a building advisory agency-10

agent of the corporation: or business days after a decision notice for the decision is

(b) of an individual---an employee or agent of the given to the agency: or

individual. (b) for an appeal against a deemed refusal--at any time

state ofmind, of a person, includes the person's-after the deemedrefusal happens; or

(a) knowledge. intention, opinion,beliefor purpose; and(c) for an aPpeal against a decision of the Minister, under

chapter 7. part 4, to register premises or to renew the

(b) reasons for the intention,opinion. beliefor purpose. registrationof premises-20 businessdays after a noticeis publishedunder section 269(3)(a)or (4);.or

(d) for an appeal against an infrastmeture charges

notice.--20businessdays after the in frastructurecharges

Chapter 6 Dispute resolution n°*°i®8iV°"t°'h°F°"°"i°'(e) for an appeal about a deemedapproval of a development

application for which a decision notice has not been

Part 1 Appeal rights giveu-30 business days after the applicant gives thedeemedapproval notice to the assessmentmanager;or

(f) for any other appeal-20business days after a notice of229 Appealsto tribunalor P&E Court the decision for the matter, including an enforcement

(1) Schedule 1 states- notice, is given to the person.

(a) matters that may be appealed to- Note-

(i) either a tribunalorihe P&E Court; orSee the P&E Court Act for the court's power to extend the appealpenod.

(ii) only a tribunal;or (4) Each respondent and co-respondent for an appeal may be

(iii) only the P&E Court; andheard in the appeal.. :

(b) the person.-(5) If an appeal is only abointa referral agency's response, the

(i) who may appeal a matter (the appellant); andassessment managermay.apply to the tribunal or P&E Courtto withdraw from the app al.

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

Current as at 3 July2017 Page 203 Page 204 Curreni as at 3 July2017

Awhoûd tiy the ParHamemary Counse] AULhuriwd1ythe Paliomamorychumel

- Planning Act 2016 Planning Act 2016 i

Chapter B Dtspute resolution Chapter6 Dispute resolution

[s 230] [s231]

(6) To remove any doubt, it is declared that an appeal against aninfrastructure charges notice must not be about--(a) the adopted chargeitself:or

(b) for a decisionabout an of fset or refund-(i) the establishment cost of trunk infrastructure

identified in a LGIP: or

(ii) the cost of infrastructuredecided using the methodincluded in the local government's charges

resolution.

230

Cunent

Noiice of appeal(1) An appellant starts an appeal by lodging, with the registrarof

the tribunal or P&E Court, a notice of appeal that-(a) is in the approvedform; and

(b) succinctlystates the grotmds of the appeal.

(2) The notice of appeal must be accompanied by the requiredfee.

(.3) The appellant or, for an appeal to a tribunal, the registrar,must. within the service period, give a copy of the notice ofappeal to-(a) the respondent for the appeal; and

(b) each co-respondentfor the appenI;and

(c) for an appeal about a development application underschedule 1, table 1, item 1-each principal submitterforthe development application; and

(d) for an appeal about a changeapplicationunder schedule1, table 1, item 2-each principal submitter for the

change application;and

(e) each person who may elect to become a co-respondentfor the appeal. other than an eligible submitter who is

not a principal submitter in an appeal under paragraph(c) or (d)t and

as at 3 July2017 Page 205

Ambulisedby the Parliamenturycound

(f) for an appeal to the P&E Court-the chief executive;and

(g) for an appeal to a tribunal under another Act-anyotherperson who the registrar considers appropriate.

(4) The serrIce period is

(a) if a submitteror advice agencystarted the appeal in the

P&E Court-2 business days after the appeal is started;

or(b) otherwise---10business days 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).

(6) A person elects to be a co-respondent by filing a notice ofelection, in the appro¤ed form, within 10 business days afterthe notice ofappeal is given to the person.

(7) Despite any other Act or rulesof court to the contrary, a copy

of a notice of appeal may be given to the chief executive by

emailing the copy to the chief executiveat the email addressstatedon the department's y/ebsite for this purpose.

231 Other appealst.1) Subjectto this chapter, schedule 1 and the P&E Court Act,

unless the Supreme Court decides a decision or other matterunder this Act is affectedby jurisdictionalerror, the decisionor matter is non-appealable.

(2) TheJudicial Review Act 1991,part 5 applies to the decision ormatter to the extent it is affected by jurisdictionalerror.

(3) A person who, but for subsection (1) could have made an

applicationunder the Judicial Review Act 1991 in relation tothe decision or matter, may apply under part 4 of that Act for a

statementof reasons in relation to the decision or matter.

(4) In this section-decision includes--

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PlanningAct 2016Chapter S Dispute resolulion

[s 2321

(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: arid

(d) a purported decision;and

(e) a deemedrefusal.

non-appealable. for a decision or matter, means the decision

or matter-t a) is final and conclusive; and

(b) may not be challenged. appealed against, reviewed,quashed, set aside or called into question in any otherway under the Judicial ReviewAct 1991 or othenvise,whether by the Supreme Court. another court, anytribunalor another entity; and

(c) is not subjectto 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 PAE Court must complywith 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.

Current as er 3 July2017 Page 207

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PlanningAct 2016 PlanningAct2010

Solledule 1 Schedule 1

Schedule 1 Appeals

Section 229

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

(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

tii) operationalwork associated with biillding work, a

retainingwall,or a tenniscourt; or

(b) a provision of a development approval for--(i) a materialchange of use for a classified building;

or

(ii) operational work associated with building work, a

retaining wall, or a tennis court; or

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

or

(ii) operational work associatedwith building work. a

retainingwall, or a tennis court; or

(d) a development condition if-(i) the developmem 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

Page 272 Currentas at 3 Ju!y 2017

Aumurnedby me P.nHameerv Coun_d

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

(iii) the proposeddevelopment is for not more than 60

sole-occapancy units; or

(c) a decision for, or a deemed refusul of, an extensionapplicationfor a development approval that is only for a

materialchangeof use of a classilled building; or

(f) a decision for, or a deemed refusal of, a changeapplicationfor a development approval that is only for a

materialchangeof use of a classifiedbuilding;or

(g) a matterunder this Act, to the extent the matter relates tothe Building Act, other than a matter under that Act thatmay or must be decided by the QueenslandBuilding andConstruction Commission;or

t.h) a decision to give an enforcement notice-(i) in relation to a matter underparagraphs (a) to (g);

or(ii) under the Plumbingand Drainage Act; or

(i') an infrastructurechargesnotice; or

(j) the refusal. or deemed refusal, of a conversionapplication;or .

(1) a matterprescribed by mgulation.

(3) Also, table I 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 development

applicationrequired impact assessment;and

(ii) a development approval in relation to which the

assessment. manager received a properly madesubmissionfor the developmentapplication;or

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

Current as et S July 2017 Page 273

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Plannmg Act 2016 PlanningAct 2016

Schedule1 Schedule 1

(4) Table 2 states the matters that may be appealed only to the Table1P&E Court. Appeals to the P&E Courtand, for certain matters, to a tribunar

(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 appeal; and

(b) column 2 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-respondentsby election (if any)in the appeal.

(7) If the chiefexecutiverecei ves a notice of appeal under section230t3)(f). the chiefexecutivemay elect to be a co-respondentin the appeal.

(S) In this section-storeysee the Building Code,part Al.1.

Table 1

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

I. DevelopmentapplicationsFor a developmentnpplicationother than a developmentapplication called la by theMinister,an appealmaybe made againsi-.fa} the refusal of all or part of the developmentapplication:or(h) the deemedrefusal of the developmentapplication; or(c) o provisionofthedevelopmentappmval:or(d) if a developmentpermit was applied for-thedecisionto givea preliminary

approval.

Columni Column2 Column3 Column4Appellant Respondent Co-respondent Co.respondent

.(ifany) byelection(if

any)

The applicant The assessmentmanager

If the appeal is aboutaconcurrencùagency'sreferralmsponse-theconcurrenceagency

1 A concurrenceagency that isnot a

co-espondent

2 Ifachosenassessment

manageristherespondent-theprescribedassessmentmanager

3 Any eligibleadvice agencyfortheapplication

4 Anyeligiblesubmiller for theapplication

2. Change applicationsFora change applicationotherthan a changeapplicationmadeto the P&E Cnunor calledin by the Minister, an appeal maybe made against-(a) the responsibleentity'sdecisionon the changeapplicatiom or

(b) a deemed refusat of the changeapplication.

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PlanningAct 2016 PlanningAct2016

Schedule1 Schedule 1

Table1Appeals to the P&E Court and, for certain matters,to a triburtal

Column 1 Column 2 Column 3 Column 4Appellant Respondent Co-mspondent Co-responden1

(ifany) by election (ifany)

1 Theapplicant Therespon9ible Ifanaffectedeniity I Aconcurrence2 Ifibe unlity startsthe agencyforthe

responsible °FP*°Ï-'h* d*"*I°PM*HI

entity is the 3FPlicaRE aPPlicationassessment 2 Ifa chosenmanager-an assessmentaffected entity managerin thethat gave a respondent-thepre-request prescribednot ce or assessmentcesponse notice manager

3 A privatecertifierfor thedevelopment

application

4 Any eligibleadviceagencyfor the changeapplication

5 Any eligiblesubmitterfor thechangeappliention

3. Extension applkationsForan extensionapplicationother than an extension application called in by the Minister.:m appealmuy be made againct-fa 1heassessmentmanager's decision on lhe extensionapplicalion; or(h) a cleemedrefusal of the extensionapplication.

Table1Appeals to the P&E CotArt anti, for certain matters, to a tribunal

Column I Column 2 Column 3 Column 4

Appellant Respondent Co-re.cpondent Co-respondent

(if any) by election (ifany)

1 The appliennt The assessment

2 Foramatter MD""EC'

other than adeemed refusalof an extensionapplication-aconcurrenceagency, otherthan the chiefexecutive. forthe application

If a concurrence If a chosenagency starts the assessmentmanagorappeal--the is theapplicant respondent---the

prescribedassessmentmanager

4. Infrastructumcharges notices

An uppeal may be made against an Infrastructurecharges notice on I or more of thefollowinggrounds-(a) the notice involved an error relatingto-

(i) the application of the relevant adopted charge; orEmmplesr?fcrmrs in applyingan adnpredcharge.--

? the incorrect application of gross floorarea for a non-residentlal development? applyingan incorrect 'use category'.under a regulation. to the development

(ii) ibe workingout of extra demand. forsection 120; or(iii) an offset orrefund;or

(b) there was no decision about an olfset or refund; or(c) if the infrastrucium charges notice states a refundwill be given-the timingfor

givingthe refund; or(d) foran appeal to the P&ECourt-lheamount of the charge is so unreasonablethat no

reasonable relevant local governmentcould have imposedthe amount.

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Planning Act 2016 PlanningAct 2016

Schedule 1 Schedule1

Table 1

Appeals to the P&E Court and, for certalnmatters, to a tribunal

Column I Column 2 Column 3 Column 4

Appellant Respondent Co-respondent Co-respondent

(ifany) by election(ifany)

Ne persongiven the The local-, .---

infrastructure governmentthatgavechntgesnotice the infrastmeture

chargesnotice

5. Conversion applicationsAn appeal may be madeagainst-.ug ihe mfusalof a conversionapplication: or(b) a deemed re fusal of a conversionapplication.

Columni Column2 Column3 Columo4

AppeHani Respondent Co-respondent Co-mspondent

(if any) by electiott (ifany)

The applicant %e local

- .-governmenttowhleh1he conversionapplication wasmade

6. Enforcement notices

An appeal may be made againstthe decisionto give an enforcement notice.

Column 1 Column 2 Column 3 Column 4



The person given the The enforcementenforcementnotice auihority -

Iftheenforcemeniauthorityis not thelocalgovemment forthe premises intcIntion to which theoffence is alleged tohave happenud-thelocal govemment

Table2Appeals to the P&E Courtonly

1. Appeals from tribunal

An appeal maybe made against a decisionofa tribunal,other thart a decision undersection 252, on the groundof-(a) an error or mistake in law on the part of the tribunahor(b) jurisdictionalerror.

Column 1 Cohimn 2 Column 3 Column 4

Appellant Respondent Co-tespondent Co.respondent

(ifany) byelection tifany)

A party to the Theotherpartytotheproceedingsfor the proceedingsfor thedecision decision

2. Eligiblesubmitter appeals

For a developmentappHeationor changeapplicationother than an application decidedbythe P&ECourt or called in by the Minister. nn appealmay be made againstthe decisionto approvethe application, to the extent the decisionrelates ro-(al any part of the developmentapplication orchange application that required impact

assessment;or

(b) a variation request.

Column 1 Column 2 Column3 Column4

Appellant Respondent Co.respondent Co-respondent


1 For a 1development

application-aneligiblesubmitterfor thedevelopment

,application2 Forachange

applicarlon-aneligiblesubmIlter for thechangeapplication

Fora - ? Idevelopment 9application-the ~

assessmentmanager

Forachangcapplication-theresponsibleentity

The appIIcant Another eligible

If the apeal is submitterfor the

abouta application

concurrenceagency'sreferralresponse.-theconcurrenceagency

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Planning Act 2016Planning Act 2016

Schedule 1

Table 2Appeals to the P&E Courtonly

1 Eligiblesubminerand eligibleadvice agency appealsFor a developmentapplicationorchangeapplientionoiher than an application decidedbythe P& E Conn or coiled in by the Minister.an appealmaybe made against a provisionofthe developraentapproval.or a fallum to includea provision in thedevelopmentapproval, to the exterit the matter ælatesto-.--(a) any part of the developmentapplicarlon or change application that required impact

awe.ssment; or(b) a variationrequest.

Column 1 Column 2 Colurna 3 Column4


f any) by election (ifany)

] Foru idevelopment

appliemionwinehgiblesubmitterforihedevelopmem ,3

application ~

2 Forachaneeapplication--..aneligiblesubmitter for thechangeapplication

3 An eligibleadviceagencyfor thedevelopmentapplication orchangeapplication

Foradevelopmentapplication-theassess1nentmanager

Forachangeapplication-theesponsibleentity

The applicant AnothereligibleIf the appeal is submitterfor the

abouta °PP °°concurrenceagency'sreferralresponsu-theconcurrenceagency

Schedufe 1


Column 1 Column 2 Column 3 Column 4

Appellunt Respondent Co-mspondent Co-respondent

(ifany) byelection(ifany)

A person dissatisAed The localwith the decision government to which

the claim was made

5. Registered pmmisesAn appeal maybe made againsta decisionof the Ministerunderchapter7. pan 4.

Column 1 Column2 Column 3 Column 4

Appellant Respondent Co-respontient Co-respondent


1 A person given a Ilie Minister

- If an ownerordecisionnotice occupierstarts theabout the appeal-lheownerofdecision thezegistead

2 If the decision is premisesto registerpremisesorrenew theregistrationofpremiseemnowneroroccupierofpremises in the

affectedarea forthe registeredpremiseswho isdissatisfiedwiththe decision

4. Compensauonclaims6. Local laws

An appeal may be made againSI--An appeal maybe madeagainsta decisionofa local govemment,or condilions applied.t a) a decision undersection 32 about a compensationclaim; or under a local law about-

ib) a decision under section 2ó5 about a claim for compensation·.or (a) the use of premises,other than a use that is the naturaland ordinary consequenceof(c) a deemed refusal ofa claim under paragraph(a) or (b). prohibited development:or(b) the erectionof a buildingorotherstructum.

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PlanningAct 2016 PlanningAci 2016

Schedule1 Schedute1


Column1 Column2 Column3 Column4Appellam Respondent Co.respondent Co-respondent


A person who- The local

(a) applied for thedecision;nnd

(b) iA dissatisiled

withthedecisionor conditions.

Table 3Appealsto a tribunal only

1. Buildingadvisory agencyappeals

An appeal may be madeagninstgiving a development approval for buildingworkto theextent the building work requiredcode assessment agalnstthe buildingnssessmemprovisions.

Column1 Column2 Column3 Column 4

Appellant ReSpondent Co-respondent Co-respondent


A t,uilding advisory The assessment

agency for the managerdevelopmentapplicationrelared totheapproval

The applicant i A concurrenceagencyfor thedevelopmentapplicationrelated to theapproval

2 A privatecertifierfor thedevelopment

applientionrelated to theapproval

Table 3Appeals to a tribunalonly

2. Inspection ofbuildingworkAnappealmaybe made againsta deelsionofa buildingcertifieror referral agency aboutthe inspectionof building work that is the subjectof a buildingdevelopment approvalunder the BuildingAct.

Column I Column 2 Column3 Column 4

Appellant Respondent Co-respondent Co-mspondent


Theapplicant for the The personwho - -development made the decisionapproval

3. Certaindecisionsunderthe Building Act and the Plumbing and Drainage Act

An appealmaybe made against-(a) a decisionunder the Building Act. otherthan a decisionmade by the Queensland

Buildingand ConstructionCommission,ifan informationnoticeabout the decisii.mwasgiven or requiired to be given under that Acit or

(b) adecisionunderthePlumbingandDminageAct,patt4cr5.ifaninformationnoticeabout the decision was givenor required to be given underthatAct.

Column 1 Column 2 Column3 Column 4

Appellant Respondent Co-sespondem Co-respondent

(Ifany) by election (ifany)

A person who The person who ?

- -teceived. or was made the decisionentitledtoreceive,aninformationnoticeabout the deci.sion

4. Local governmentfailure to decide appliention underthe BuildingActAnappealmay be nmdeagainsta local government's failure to decidean applicationunder the Building Aet wiihin the periodmquired under that Act.

Page 282 Cunent as at 3 July2017 Current as at 3 July 2017 Page 283

Amliorised11ythe P.1rDamenoty Couna:t Authorinthy thePJrlbrm:nuryCouncel

PlanningAc12016

Schedule 1

Table 3Appeals to a tribunal only

Column 1 Column 2 Column3 Column4


(if any) by election(ifany)

A person who was The local

- --·entitled to n:ceive governmentto whichnoiice of ihe decision the application was

made

Page 284 Currentas at 3 July2017

Authnnsed by me Parliamentary Counsel

somerset · somerset regional council officer: mathew stevens, planning officer-graduate phone:...

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