Somerset...High voltage Energy Queensland Advice Agency Attn: Angela Collins transmission line...

SomersetREGIONAL COUNCIL

Officer: Julie Bertsos, senior plannerPhone: (07) 5424 4000Application reference: DA18249

20 February 2019

Stephenand Shirley-Anne Perry11 Billy Green DriveVfbLENEUVE QLD 4514

Email: slpconsult(alhotmail.com

Dear Mr. and Mrs. Perry,

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

SomersetRegional Council as the Assessment Manageracknowledges receipt of theabove application on 13 December 2018 and confirm the following details:

RE: Development application for a Material Change of Use for a Dwelling House(secondary dwelling) situated at 11 Billy Green Drive, Villeneuve on land described asLot 17 on SP152646.

I wish to advise that, on Wednesday 13 February 2019, the above developmentapplication was approved in full with conditions . The conditions of this approvalare set out in Attachment 1.

Approval under sG4 (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 Dwelling House(secondary dwelling)

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

- Building Permit

- Plumbing Permit

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

Addressall correspondenceto - ChiefExecutiveOfficer, Somerset Regional Council,PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au

3. Referral agenciesThe referral agencies for this application are:

For an application Name of referral Advice agency or Addressinvolving agency concurrence

agency

High voltage Energy Queensland Advice Agency Attn: Angela Collinstransmission line (Energex Limited) GPO Box 1461easement BRISBANE QLD 4001

Email:

[email protected]

4. 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

Job No. SD18-082-Rev E Site Plan - prepared by Superdraft Architecture 21 October2018Sheet 3

Job No. SD18-082-Rev E Floor Plan - prepared by Superdraft 21 October 2018Sheet 5 Architecure

Job No. SD18-082-Rev E Elevations Drawing- prepared by Superdraft 21 October 2018Sheet 6 Architecture

180311 (L1) Australian Soil Investigations Report on 10 December 2018proposed Secondary Dwelling and existingSeptic System at 11 Billy Green Drive,Villeneuve

HBD 6422598 Energex Limited referral agency response 9 January 2019(adviceagency)

5. Lapsing of approval at end of currency period (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 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 Reconfiguringa 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. OperationalWork) - if the development does not substantiallystart within

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.

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 - in

the form; orii. 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.

7. Lapsing of approval for failing to complete development (s. 88 PlanningAct2016)

(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 developmentcondition.

(2) A variation approvalfor development lapses to the extent the development is

not completedwithin -a. If a development condition required the development to be completedwithin a stated period or periods - the stated period or periods; or

b. If paragraph (a) does not apply - the period or periods the applicantnominated in the development application; or

c. Otherwise-5 years after the approval starts to have effect.

(3) However, despite the lapsing of the developmentapproval, any security paidunder a condition stated in section 65(2(e) of the Planning Act 2016 may beused as stated in the approval or agreement under section 67 (to finish thedevelopment, for example).

8. Dispute Resolution - Appeal Rights - Chapter 6 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 Chapter 6, Part 1 ofthe Planning Act 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's senior planner, Julie Bertsos on (07) 5424 4000.

Yours sincerely

Jason BradshawChief ExecutiveOfficer

Attachment1- Conditions of the approval

Attachment2 - PA extract on appeal rights

Attachment1

- Conditions of Approval

SCHEDULE1- GENERAL CONDITIONS

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

material contained in the development application, supportingdocumentation and the plan(s) and reports listed below, exceptwhere amended by these conditions of approval.Site Plan of proposed Secondary Dwelling at 11 Billy GreenDrive Villeneuve, Job No. SD18-082-Rev E Sheet 3, dated21.10.2018and prepared by SuperdraftArchitecture.Floor Plan of proposed Secondary Dwelling at 11 Billy GreenDrive Villeneuve, Job No. SD18-082-Rev E Sheet 5, dated21.10.18 and prepared by SuperdraftArchitecture.Elevations Drawing of proposed Secondary Dwelling at 11 BillyGreen Drive Villeneuve, Job No. SD18-082-Rev E Sheet 6,

dated 21.10.18and prepared by Superdraft Architecture.Australian Soil Investigations Report on proposed SecondaryDwelling and existing Septic System at 11 Billy Green Drive,Villeneuve dated 10 December 2018 referenced 180311(L1).

1.2 Building works and plumbing and drainage works approvals Prior to themust be gained. commencement

of use.

1.3 Provide a minimum storage capacity of 45,000-litre rain water Prior totank supply capable of capturing roof run-off and connected to commencementservice all domesticwater consumption needs of the "Secondary of the use.Dwelling".

1.4 Replace missing sprinklerand size hoses at 6.5m of the existing Prior toonsite BiocycleAerated Waste Water Treatment System. occupancy of the

secondarydwelling.

1.5 Should the existing onsite Biocycle Aerated Waste Water At the time ofTreatment System begin to show signs of failure or overflow the failure.landowners must upgrade the system to be in accordance withcurrent AustralianStandards.

1.6 The maximum population and fixture number stated in the At all times.Australian Soil Investigations Report (ASl) for the proposedSecondary Dwelling, reference 180311(L1) dated 10 December2018, is not to be exceeded.

1.7 Regular maintenance of the existing onsite Biocycle Aerated At all times.Waste Water Treatment System must be undertaken.

SCHEDULE 2.- ENGINEERINGAssessment ManagerNo Condition Timing2.1 Bear the costs of works carried out to Council and utility services At all times.

infrastructure and assets, including any alterations and repairs

resulting from compliance with these conditions.

EARTHWORKS2.2 The foundation design of the proposed dwelling must be certified As part of

by a Registered Professional Engineer of Queensland (RPEQ) Buildingfor the proposed location. Application for the

dwelling houseA copy of the Certified foundation design is to be submitted to (secondaryCouncil. dwelling).

VEHICLE ACCESS2.3 All vehicular access for new allotments shall provide convenient At all times.

and safe access and egress from the site in accordance with. Somerset Regional Council Design Standards.

2.4 The landowner is responsible for the maintenance of vehicular At all times.access, from the road carriageway of Billy Green Drive to theproperty boundary to an all-weather standard.

NOTE: All-weather standard is an access which is capable ofbeing traversed by a two-wheel drive vehicle during and after astorm event with no significant damage or deformation to theaccess. Maintenance will be performed to preserve the accessas all weather. Drainage structures are to be placed in watercourses that have flowing water greater than 200mm in depthduring non-storm events.

STORMWATER2.5 Stormwater Drainage and flows are to have a no worsening At all times.

effect on adjoining, upstream, or downstream landholders.

EROSION AND SEDIMENT CONTROL2.6 Erosion and sedimentation controls shall be implemented, as During the

necessary, and shall be maintained to Council's satisfaction. project.Should Council determinethat proposed controls are ineffectiveor a downstream drainage system has become silted, thedeveloper will:

? Be required to install additional measures.? Be responsiblefor the restorationwork.

SCHEDULE3- ENVIRONMENTAL

AssessmentManagerNo Condition | Timing3.1 All solid, semi-solid and liquid waste generated from the At all times.

construction and occupation of this approved developmentmustbe collected and disposed of by Council's contractor or otherCouncil approved waste collector unless otherwise approved byCouncil.

3.2 All construction / demolition or other waste is to be removed from Prior tothe site and deposited at an approved waste disposal facility in commencementa manner acceptable to Somerset Regional Council unless of the use.otherwise authorised by Council

SCHEDULE4-REFERRALAGENCYEnergy Queensland (Energex Limited)Advice Agency Response4.1 Pursuant to section 62 of the PlanningAct2016 the Assessment Manager must, other

than to the extent a referral agency's response provides advice, comply with allreferral agency responses and include conditions exactly as stated in the response.

4.2 The developmentapplication was referred to Energy Queensland(Energex Limited)as a referral agency (Advice Agency) per Part 2 of the Development AssessmentRules, because part of the site is subject to an easementfor a High Voltage ElectricityTransmission easement.

Energex Limited has provided a referral agency response supporting the proposeddevelopment, subject to the easement conditions being maintained always.

4.3 Advice Agency response dated 09 January 2019 and referenced HBD 6422598.

4.4 Advice Agency response will be attached to Council's Decision Notice for DA18249.

SCHEDULE 5 .-. ADVISORY NOTESAssessment ManagerThis approval has effect in accordance with the provisions of section 71 of the PlanningAct2016, and development may commence in accordance with section 72.

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval will lapseif the first change of the use under the approval does not start within the 'currency period' -being six (6) years starting the day the approval takes effect.

The applicant may make representations (change representations) about a matter in thisdevelopment application within the applicant's appeal period under the processestablished in chapter 3, part 5, subdivision 1 of the Planning Act 2016.

The Planning Act 2016 provides for a person to make a change to this developmentapplication outside the applicant's appeal period, following the process outlined in chapter3,

part 5, subdivision 2 of the Act.

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

Dust pollution arising from the constructionand maintenanceof the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawfulinstruction from Council's Managerof Operations if in his opinion a dust nuisance exists.

Landowners are responsible for the construction and maintenance of any vehicular accessfor the property, from the road carriageway to property boundary in accordance withCouncil's standards.

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

A legible copy of this developmentapproval package is to be available on the premises, atall times, during construction.

Pay to Council any outstanding rates, charges or expenses levied by Council over the subjectland, before the change happens.

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 PlanningAct 2016. For particular applications, there may also be a right to make an application for adeclaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016)."

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ATTACHMENT 409 January 2019 DA18249

energexStephen and Shirley-Anne Perry pOSÍtiVO energy11 Billy Green DriveVillenuve QLD 4514Via email: [email protected]

cc Somerset Regional CouncilVia email: [email protected]

Attention: Julie Bertsos

Dear Stephen,

Development Application - Material Change of Use for SecondaryDwelling located at 11 Billy Green Drive, Villeneuve, describedas Lot 17

on SP152646.Council Ref: DA18249Our Ref: HBD 6422598

We refer to the above referenced Development Application which has beenreferred to Energex Limited in accordance with the PlanningAct 2016.

In accordance with Schedule 10, Part 9, Division 2 of the PlanningRegulation 2017, the application has been assessed against the purposes ofthe ElectricityAct 1994 and Electrical Safety Act 2002. The below responseis provided in accordancewith section 56(1) of the PlanningAct 2016.

Should the Assessment Manager decide to approve the proposedMaterial Change of Use for Secondary Dwelling, as an Advice Agency for theApplication, Energex requires that the assessment manager impose thefollowing conditions:

1. This application is approved in accordance with the below referencedplans. Any afterations to these plans should be resubmitted toEnergexfor comment:

Location Site 3018-0829 E 21.10.18Plan

2. Easement conditions must be maintained at all times.

We ten the Council to treat this response as a properly made submission.

Q U A L I T Y

EnquiriesAngela collinsTelephone(07) 3664 5057Facsimile(07) 3664 9829Emailange!a collins@

energyq.com.au

Corporate Office26 ReddacliffStreetNewstead al D 4006GPO Box 1461

Brisbane oEd 4001Telephone (07) 3664 4000Facsm[e (07) 3025 8301

mya energex.?m a

Energex LimitedABN 40 078 849 055

Reference: HBD 6422598

2

Should you require any further information on the above matter, please contactAngelaCollins on (07) 3664 5057.

Yours faithfully,

Angela CollinsTown Planner

Reference: HBD 6422598

Did you know Energex has a referral website?https://www.eneroex.com.au/home/our-services/connections/development-application-referrals

PlanningAct 2016 Planning Act 2016Chapter 6 Dispute resolution Chapter 6 Dispute resolution

[s229] [s229]

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

preventedthe conductby exercisingreasonable diligence.

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

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

agent of the corporation; or

(b) of an individual-an employee or agent of theindividual.

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

(b) reasons for the intention,opinion, belief or purpose.

Chapter 6 Dispute resolution

Part 1 Appeal rights

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

(a) mattersthat may be appealed to-(i) either a tribunal or 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 respondentin an appeal of the matter; and

(iii) who is a co..respondent in an appeal of the matter;and

(iv) who may elect to be a co-respondentin an appeal

of the matter.

(2) An appellantmay start an appeal within the appeal period.

(3) The appealperiod is-(a) for an appeal by a building advisory agency-10

business days after a decision notice for the decision is

given 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, underchapter 7, part 4, to register premises or to renew theregistration of premises-20businessdays after a noticeis published undersection269(3)(a) or (4):·or

(d) for an appeal against an infrastructure charges

notice-20 business days after the infrastructurechargesnotice is given to the person; or

(e) for an appeal about a deemedapprovalof a developmentapplication for which a decision notice has not been

given-30 business days after the applicant gives thedeemed approvalnotice to the assessment manager; or

(f) for any other appeal-20 businessdays 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 court'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 manager may apply to the tribunal or P&E Courtto withdrawfrom the appeal.

Current as at 3 July 2017 Page 203 Page 204 Current as at 3 July 2017

Authorisedby the ParliamentaryCounsel Authorisedby the ParliamentaryCounsel

PlanningAct 2016 PlanningAct 2016Chapter 6 Dispute resolution Chapter 6 Dispute resolut1on

[s230] [s231]

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

(b) for a decisionabout an offset 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 Notice of appeal(1) An appellant starts an appeal by lodging, with the registrarof

the tribunal or P&E Coutt, a notice of appeal that-(a) is in the approved form; and

(b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompaniedby 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-respondent for the appeal; and

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

(d) for an appeal about a change applicationunder 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); and

Current as at 3 July 2017 Page 206

Authorisedby the ParliamentaryCounsel

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

(g) for an appeal to a tribunalunder another Act-any otherperson who the registrarconsiders appropriate.

(4) The serviceperiodis-(a) if a submitter or advice agency started the appeal in the

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

(b) otherwise--10 business 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-respondentby filing a notice ofelection, in the approvedform, within 10 business days afterthe noticeof appeal is given to the person.

(7) Despite any other Act or rules of court to the contrary, a copyof a notice of appeal may be given to the chief executiveby

emailing the copy to the chief executive at the email addressstated on the department'swebsite for this purpose.

231 Other appeals(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 jurisdictional error, the decision

or matter is non-appealable.

(2) The JudicialReviewAct 1991, part 5 appliesto the decisionormatter to the extent it is affectedby jurisdictionalerror.

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

applicationunder the JudicialReview Act 1991 in relation tothe decisionor matter, may apply underpart4 of that Act for a

statementof reasons in relation to the decisionor matter.

(4) In this section--.decision includes-

Page 206 Currentas at 3 July 2017


Pianning Act 2016Chapter 6 Disputeresolution

[s 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 a

decision; and

(d) a purported decision; and

(e) a deemed refusal.

non-appealable, for a decision or matter, means the decisionor matter-(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 Review Act 1991 or otherwise,whether by the Supreme Court, another court, anytribunal or another entity; and

(c) is not subject to any declaratory, injunctive or otherorder of the SupremeCourt, anothercourt, 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 evenif the person has not complied with rules of the P&E Court.

Current as at 3 July 2017 Page 207

Auibodsed by the ParliamentaryCounsel

Planning Act 2016 Planning Act 2016

Schedule 1 Schedule 1

Schedule 1 Appeals

section 229

1 Appeal rights and parties to appeals(1)

(2)

Table 1 states the matters that may be appealed to-(a) the P&E court; or

(b) a tribunal.

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) operational work associated with building work, a

retaining wall, or a tennis court; or

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

or


retainingwall, or a tennis court; or

(c) if a developmentpermit was applied for-the decisionto give a preliminaryapprovalfor-(i) a material change of use for a classifiedbuilding;

or


retaining wall, or a tennis court; or(d) a developmentcondition if-

(i) the development approval is only for a materialchange of use that involves the use of·a buildingclassified under the Building Code as a class 2

building; and

Page 272 Current as at 3 July2017

Amborisedby the ParliamemaryCounsel

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

(iii) the proposeddevelopment is for not more than 60

sole-occupancy units; or(e) a decision for, or a deemed refusal of, an extension

applicationfor a developmentapprovalthat is only for a

material change of use of a classifiedbuilding; or

(f) a decision for, or a deemed refusal of, a changeapplication for a developmentapproval that is only for a

material change of use of a classifiedbuilding;or

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

(h) a decision to give an enforcement notice-·(i) in relation to a matterunder paragraphs (a) to (g);

or

(ii) under the Plumbing and DrainageAct; or

(i) an infrastructurecharges notice; or

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

(1) a matter prescribedby regulation.

(3) Also, table 1 does not apply to a tribunal if the matter .

involves-(a) for a matter in subsection(2)(a) to (d)-

(i) a development approval for which the development

application required impact assessment;and

(ii) a development approval in relation to which theassessment manager received a properly madesubmission for the development application;or

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

Currentas at 3 July 2017 Page 273

Authorisedby the ParliamemaryCounsel

PlanningAct 2016 Planning Act 2016

Schedule1 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 1 states the appellantin 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-respondents by election (if any)in the appeal.

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

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

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

I. DevelopmentapplicationsFor a development applicationother than a development applicationcalled in by theMinister, an appeal may be made against-(a) the refusal of all or part of the developmentapplication;or(b) the deemedrefusal of the development application;or(c) a provisionof the development approval: or(d) if a development permit was applied for-thedecision to give a preliminary

approval.

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

Column 1 Column2 Column3 Column 4

Appellant Respondent Co-respondent Co-respondent

(if any) by election(ifany)

The applicant The assessmentmanager

If the appeal is about 1

a concurrenceagency'sreferralresponse-theconcurrence agency 2

3

4

A concurrenceagency that isnot aco-respondent

lf a chosenassessmentmanager is the

respondent--theprescribedassessmentmanager

Any eligibleadvice agencyfor theapplicationAny eligiblesubmitterfor theapplication

2. Change applications

Fora changeapplication other than a changeapplicationmade to the P&E Courtor calledin by the Minister,an appeal may be made against-(a) the responsib]centity's decision on the changeapplication;or(b) a deemedrefusal of the change application.

Page 274 Current as at.3 July2017 Current as at 3 July 2017 Page 275Authorisedby theParliamentaryCounsel Authorisedby the ParHamentaryCounsel

PlanningAct 2016¡PlanningAct 2016

Schedule1Schedule1

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

Column 1 Column 2 Column 3 Column 4


(if any) by election (ifany)

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

responsible appeal-the development

entity is the applicant applicationassessment 2 If a chosenmanager-an assessmentaffected entity manageris thethat gave a respondent-thepre-request prescribednotice or assessmentresponsenotice manager

3 A privatecertifierfor thedevelopment

application4 Any eligible

adviceagencyfor the changeapplication

5 Any eligiblesubmitterfor thechangeapplication

3. ExtensionapplicationsFor an extension application otherthan an extension applicationcalledin by the Minister,an appeal may be made against-(a) the assessmentmanager's decision on the extension application; or(b) a deemed refusal of the extensionapplication.

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

Column 1 Column2 Column3 Column4Appellant Respondent Co-respondent Co-respondent

(ifany) by election(ifany)

1 The applicant The assessment2 For a matter manager

other than adeemedrefusalofan extensionapplication-aconcurrenceagency,otherthan the chiefexecutive,forthe application

If a concurrence If a chosenagency starts the assessment managerappeal-the is theapplicant respondent-the

prescribedassessmentmanager

4. Infrastmeturecharges noticesAn appeal may be made againstan infrastructurechargesnotice on I or more of thefollowing grounds--(a) the notice involvedan error relating to--

(i) the application of the relevant adoptedcharge; orExamples oferrors in applyingan adopted charge-

? the incorset applicationof gross floor area for a non-residential development? applyingan incoræct 'use category;under a regulation,to the development

(ii) the working out ofextra demand,for section 120; or(iii) an offsetor refund;or

(b) there was no decision about an offset or refund; or(c) if the infrastructurechargesnotice states a refund will be given-the timing for

givingthe refund; or(d) for an appeal to the P&E Court--the amount of the chargeis so unreasonablethat no

reasonablerelevant local govemmentcouldhave imposed the amount.

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Schedule 1 Schedule 1

Table 1

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




The person given the The localinfrastructure government that gavechargesnotice the infrastructure

chargesnotice

5. ConversionapplicationsAn appeal may be made against-.-.

(a) the refusal of a conversionapplication;or(b) a deemedrefusal of a conversion application.

Column 1 Column2 Column 3 Column 4



The applicant The local

- -government to whichthe conversionapplicationwasmade

6. Enforcementnotices

An appeal may be made against the decisionto give an enforcement notice.

Column 1 Column2 Column3 Column4



The person given the The enforcementenforcementnotice authority -

Iftheenforcementauthorityis not thelocal government forthe premises inclationto which the

offenceis alleged tohave happened-thelocal government

Table 2Appeals to the P&E Court only

1. Appeals from tribunal

An appealmay be made against a decisionof a tribunal,otherthan a decision undersection 252, on the ground of---(a) an erroror mistake in law on the part of the tribunal;or(b) jurisdictional error.

Column 1 Column 2 Column3 Column4



A party tothe Theotherpartytothe

- ----proceedingsfor the proceedings for thedecision decision

2. Eligiblesubmitterappeals

For a developmentapplicationor change applicationother than an applicationdecided bythe P&E Courtor called in by the Minister, an appeal may be made againstthe decisionto approve the application,to the extent the decision relates to-(a) any part of the developmentapplicationor change applicationthat required impact

assessment; or(b) a variationrequest.



(ifany) by election (ifany)

1 For a 1

development

application-aneligiblesubmitterfor thedevelopment 9application

2 For a changeapplication-aneligiblesubmitterfor thechangeapplication

Fora 1development 2application-theassessmentmanager

Forachangeapplication-theresponsibleentity

The applicant Anothereligible

If the appeal is submitterfor the

abouta application

concur enceagency'sreferralresponse-theconcurænceagency

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Planning Act 2016. Planning Ac12016

Schedule 1Schedule 1

Table 2 Table 2Appealsto the P&E Court only Appealsto the P&E Court only3. Eligiblesubmitterand cligible adviceagency appealsFor a developmentapplication or changeapplicationother than an application decidedbythe P&E Coun or called in by the Minister,an appealmay be made against a provisionofthe development approval,or a failure to include a provision in the developmentapproval, to the extent the matter relates to--(a) any part of the developmentapplicationor changeapplicationthat required impact

assessment;or(b) a variationrequest,

Column 1 Column 2 Column3 Column 4



1 For a 1development

application--aneligiblesubmitterfor thedevelopment 2application

2 For a changeapplication-aneligiblesubmitterfor thechangeapplication

3 Ancligibleadvice agencyfor thedevelopment

applicationorchangeapplication

Fora 1development 2application-theassessmentmanager

Forachangeapplication-theresponsibleentity

The applicant Another eligible

if the appeal is submitterfor the

abouta application

concuranceagency'sreferralresponse-theconcurrenceagency

4. Compensation claimsAn appeal may be madeagainst-(a) a decision under section 32 about a compensationclaim; or(b) a decision undersection 265 abouta claim for compensation;or(c) a deemedmfusalof a claim under paragraph (a) or (b),

Column 1 Column2 Column 3 Column4Appellant Respondent Co-respondent Co-respondent


A person dissatisfied The local

-with the decision governmentto whichthe claim was made

5. RegisteredpremisesAn appeal may be made againsta decision of the Ministerunder chapter 7, part 4.




1 A person given a The Minister

- Ifan ownerordecision notice occupierstarts theabout the appeal-theownerofdecision the registered

2 If the decision is premisesto registerpremises orrenew theregistrationofpremises-anowneroroccupierofpæmises in theaffectedarea forthe registeredpremises who isdissatisfiedwiththe decision

6. Local laws

An appeal may be made against a decision of a local govemment, or conditionsapplied,undera local law about-(a) the use ofpremises,otherthan a use that is the natural and ordinary consequence of

prohibiteddevelopment; or(b) the erection of a building or other structure.

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Schedu!e 1 Schedule 1

Table2Appeals to the P&E Court only

Column I Column 2 Column3 Column 4Appellant Respondent Co-n:spondent Co-respondent

(ifany) by election (ifany)

A person who- The local(a) applied for the

decision; and

(b) is dissatisfiedwith the decisionor conditions.

Table 3Appeals to a tribunal only

1. Building advisoryagencyappealsAn appeal may be made against givinga development approval for buildingwork to theextent the building work requin:dcode assessmentagainst the buildingassessmentprovisions.

Column I Column2 Column 3 Column4



A buildingadvisory The assessmentagency for the managerdevelopmentapplication related tothe approval

The applicant 1 A concurrenceagency for thedevelopment

applicationrelated to theapproval

2 A privatecertifier for thedevelopment

applicationslated to theapproval

Table3Appeals to a tribunalonly

2. Inspection of building workAn appeal may be made against a decision of a building certifieror referral agencyaboutthe inspectionofbuilding work that is the subjectof a buildingdevelopment approvalunder the BuildingAct.

Column I Column2 Column3 Column4



The applicant for the The person whodevelopment made the decisionapproval

3. Certain decisionsunder the BuildingAct and the Plumbingand DrainageActAn appeal may be made against-(a) a decision under theBuilding Act, other than a decision madeby the Queensland

Building and Construction Commission, ifan informationnotice about the decisionwas given or required to be given under that Act; or

(b) a decision under the Plumbingand Drainage Act, part 4 or5, if an information noticeabout the decision was given or required to be given under that Act.

Column 1 Column2 Column 3 Column 4



A personwho The person whoreceived, or was made the decisionentitled to receive,aninformation noticoabout the decision

4. Localgovernment failure to decide applicationunder the Building ActAn appeal may be made against a local government's failure to decide an applicationunder the Building Act within the period required under that Act.

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PlanningAct 2016

Schedule 1

Table 3Appealsto a tribunalonly



(if any) _by election(ifany)

A person who was The local

entitled to receive government to whichnoticeof the decision the applicationwas

made

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