o Somerset REGIONAL COUNCIL Officer: Mathew Stevens, planning officer - graduate Phone: (07) 5424 4000 Application reference: DA18825 17 October 2019 Diem Thuy Tuong and Phuc Van Huynh 102.Bolingbroke Road ATKINSONS DAM QLD 4311 Email: [email protected]Dear Sir/Madam, Decision Notice - Approval (with Conditions) . Given under section 63 of the Planning Act 2016 Somerset Regional Council as the Assessment Manager acknowledges receipt of the above application on 20 August 2019 and confirm the following details: RE: Development application for Building Works assessable against the Planning Scheme for Multiple Outbuildings on Vacant Land situated at 102 Bolingbroke Road, Atkinsons Dam on land described as Lot 7 on RP163008. I wish to advise that, on Monday 14 October 2019, the above development application was approved in full with conditions. The conditions of this approval are set out in Attachment 1. Approval under sG4 (5) - deemed approval The application has not been deemed to be approved under section 64 (5) of the Planning Act 2016 (P A). 1. Details of the approval The following approvals are given: Development Permit Building Works assessable against the Planning Scheme for Multiple Outbuildings on Vacant Land 2. Further development permits The following development permits are required to be obtained before the development can be carried out: - Building Permit ABN 50 138 958 249 Council Chambers - 2 Redbank Street, Esk QLD 4312 Address all correspondence to - Chief Executive Officer, Somerset Regional Council, PO Box 117, Esk QLD 4312 P 0754244000 F 0754244099 E [email protected]W www.somerset.qld.gov.au
Somerset Regional Council as the Assessment Manager acknowledges receipt of theabove application on 20 August 2019 and confirm the followingdetails:
RE: Development application for Building Works assessable against the PlanningScheme for Multiple Outbuildings on Vacant Land situated at 102 BolingbrokeRoad,Atkinsons Dam on land described as Lot 7 on RP163008.
I wish to advisethat, on Monday 14 October 2019, the above development applicationwas approved in full with conditions. The conditions of this approval are set out inAttachment 1.
Approval under sG4 (5) - deemed approvalThe application has not been deemed to be approved under section 64 (5) of thePlanningAct 2016 (PA).
1. Details of the approvalThe following approvals are given:
Development Permit Building Works assessable against the PlanningScheme for Multiple Outbuildings on Vacant Land
2. Further development permitsThe followingdevelopment permits are required to be obtained before the developmentcan be carried out:
- Building Permit
ABN 50 138 958249CouncilChambers- 2 RedbankStreet, Esk QLD 4312
Address all correspondence to - ChiefExecutiveOfficer, SomersetRegionalCouncil,PO Box 117, EskQLD 4312P 0754244000 F 0754244099 E [email protected] W www.somerset.qld.gov.au
3. Approved plans and/or documentsThe approved plans and/or documentsfor this development approval are listed in thefollowing table:
Plan/Document Plan/Documentname Date
numberJob No. 263-19, Site Plan - prepared by Chinh Duc Nguyen July 2019Sheet 1 of 5
Job No. 263-19, Elevations Plan - prepared by Chinh Duc Nguyen July 2019Sheet 2 of 5
Job No. 263-19, · Elevation Plans - prepared by Chinh Duc Nguyen July 2019Sheet 4 of 5
4. 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 (the
currencyperiod) -(a) For any part of the development approval 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) For any part of the development approval relating to Reconfiguringa Lot- ifa plan for the reconfigurationthat, 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 developmentdoes 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.
5. 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; orli. By notice; and
b. Accompaniedby -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.
6. Lapsing of approval for failing to complete development (s. 88 PlanningAct2016)
(1) A development approval, other than a variation approval, for dévelopmentlapses to the extent the development is not completed within any period orperiods required under a development condition.
(2) A variationapproval for developmentlapses to the extent the development is
not completed within -a. If a development condition required the developmentto 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 development approval, any security paid
under 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).
7. 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 PlanningAct2016). 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 planning officer graduate, Mathew Stevenson (07) 5424 4000.
Yours sincerely,
Bob HolmesActing Chief Executive Officer
Attachment1- Conditions of the approval
Attachment2 - PA extract on appeal rights
Attachment 1.-. Conditions of Approval
SCHEDULE1 .-. PlanningAssassmentManagerNo 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 listed below, except where amendedby these conditions of approval.Site plan, Prepared by Chinh Duc Nguyen, Sheet No. 1 of 5, JobNo. 263-19, Dated: July 2019, Council's reference: DA18825 .-.
Attachment 1, Received on 19 August 2019
. Elevation plans, Prepared by Chinh Duc Nguyen, Sheet No. 2 of5, Job No. 263-19, Dated: July 2019, Council's reference:DA18825 --. Attachment 2, Received on 19 August 2019Elevation plans, Prepared by Chinh Duc Nguyen, Sheet No. 4 of5, Job No. 263-19, Dated: July 2019, Council's reference:DA18825 - Attachment 3, Received on 19 August 2019
1.2 Comply with the relevant provisions of the Somerset Region At all times.Planning Scheme, Planning Scheme Policies and Local Laws.
1.3 Unless otherwise approved by Council, the domestic outbuilding At all timesis never to be occupied by persons on a permanent, semi.-
permanent or intermittent basis, or any other residential useassociated with a Class 1 building as defined by the BuildingCodes of Australia.
SCl· EDULE 2- Engineering
AssassmentManagerNo Condition Timing2.1 All buildings, structures, fittings, fixtures and grounds forming part At all times
of this development approval must be maintained-? in a serviceablecondition; 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 vermin and pest infestations,
2.2 All construction / demolition or other waste is to be removed from At all times.site and deposited at an approved waste disposal facility in a
manner acceptable to Somerset Regional Council unlessotherwise authorisedby Council
2.3 Light sources must be positioned, and shielded when At all times.necessary, to prevent light spillage causing a nuisance to anyother premises outside the boundaries of the property to whichthis development approval relates.
SCl· EDULE 3- Advice
Assessment ManagerThis approval has effect in accordance with the provisions of section 71 of the PlanningAct 2016, and development may commence in accordance with section 72.
Currency Period - Pursuant to section 85 of the PlanningAct 2016the approval will lapseif the first change of the use under the approval does not start within the 'currency period'
- being two (2) years starting the day the approval takes effect.
The applicant may make representations (change representations) about a matter inthis development 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 developmentapplicationoutsidethe applicant'sappeal period, following the process outlined in chapter3, part 5, subdivision2 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 construction and maintenance of the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawfulinstruction from Council Operations department if in Council's opinion a dust nuisanceexists.
The 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 of thePlanning Act 2016. For particular applications, there may also be a right to make anapplication for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).
Landowners are responsible for the construction and maintenance of any vehicularaccess for the property, from the road carriageway to property boundary in accordancewith Council's standards.
THESE'DRAMNCS ARE To BE READ Il CONJUNCTION WlTH OTHER DRANNGS. DO NOT SCALE OFF PLANS. FIGilRED DIMENSJON5TAKE PREFERENCE. ..
DA18825 - Attachment 1
P --PROPOSED - 8 -PROPOSED
.
E EÑ$10N XTENSI. .
EXTENSION
, . .Somet?etRegionalCouNil§ for me ASS£SSMENTMANAGE1
... o L e ' DETAILSOF STORMWATERCONTROLAND 0?SPERSIONTO
,26..&. w . I BE CARRIEDOUTON-SITE -
SITE PLAN DETAllSOF SITE DRAINAGE. '.
5èMG h 400o WATERRUN-OFFFRCMSoll SHAll AL50 BE GONJ INTODN
as 055 2 DESIGN CRITERIA PROJECT PROPOSED SITE ADDRESS . BLHLDER.
DATE JDLY 5GORY: 225
HORTICULTURALGREENHOUSED No102,.
SCALE? M00 @A3
Do.· TOPGbú\FiHICCLASS:.T.1
OWNER -
PHUCV HUYNH BOLINGBROKERD., CHECKED.
. Ph/P 37.SHIEl..DING CLASS: RS
? & DIEM ~D.TUONG ATKINSON DAM. .
SHEET No. 1 OF 5
ESIGIN&l29ÄlMNG'. c.hirlh ot(t .com. .WIND.NELOCITY: 4e /s . d.0B.No.. 263y19
.
mESE DRANNGSARE TO BE READ IN CONJUNOTIONWITH OTHERDRANHGS. DO NOT SCALE OFF PLANS. F1GUREDDlMENS!CNS TAKE PREFEREFCE. ?
TYPICALGREENHOUSE .. DÄ18825-,
SCAl.E1:250Att achment2
8
APF RÒVEDSome set Rcainnal r½msÍ0 ule A:1SESS EN MÀNAGER
DA. 1 1 8 2 5.
1 4 OCT2019
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PROPOSEDEXTENSION Bl.0CK6,7,8.. .
OEIAILS UI. EMERGENCYEVACUAHUN(N CASEOF FIRE
FROMNTHIN THE STRUCTURE:THENE1TINGAROUNDALL 4-51DE50F lHE GREENHDU5E¼ll.L BERGllED UP.EHENPEOPLEARE¾'ORKINGIN THEGREENHOUSE50THATTHEYHAVEEASYACCESSTOEVACUATEIN CASEOFBEGENCY.
. NOTE: all dimensionsshould be checked analte pr!cr to fabrication
(2) The person is taken to have engaged in the representative's (iii) who is a co-respondent in an appealof the matter;conduct. unless the person proves the person could not have and
prevented the conductby exercisingreasonablediligence. (iv) who may elect to be a co-respondentin an appeal
(3) In this section- of the matter.
conduct means an act or omission. (2) An appellantmay start an appeal within the appeal period.
representative means- (3) The appealperiodis-(a) of a corporation-.-an executive officer, employee or (a) for an appeal by a building advisory agency-10
agent of the corporation: or business days alter 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, includesthe person's--_after the deemed refusal happens; or
(aï knowledge. intention, opinion, belief or 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,belief or purpose. registrationofpremises-'..0business days after a notice
is published undersection269(3)(a)or (4);·or
(d) for an appeal against an infrastructure chargesnotice-20 businessdays after the infrastructurecharges
Chapter 6 Dispute resolution notice is given to the person; or
(e) for an appeal about a deemed approvalof a development
application for which a decision notice has not been
Part 1 Appeal rights given-30 business days after the applicant gives thedeemed approval notice to the assessment manager;or
(f) for any other appeal-20business days after a notice of229 Appeals to tribuna] or P&E Court the decision for the matter, including an enforcement
(1) Schedule 1 states- notice. is given to the person.
(a) mattersthat may be appealedto- Note.--
(i) eithera tribunal or the P&E Court; or ,ee
e P&E Courr Act for the comt's power to extend the appeal
(ii) only atribunal:or (4) Each respondent and co-respondent for an appeal may be
(iii) only the P&E Court; and heard in the appeal.
(b) the person-(5) If an appeal is only abo t a referral agency's response, the
(i) who may appeal a matter(the appellanc):andass
thmdr y fn e ppa ply to the tribunalor P&E Court
(ii) who is a respondentin an appealof the mat ter; and
Current as at 3 July 2017 Page 203 Page 204 Currentas at 3 July 2017
(6) To remove any doubt, it is declared that an appeal against aninfrastructurechargesnoticemust not be about-.(a) the adoptedcharge itself; or
(b) for a decision about an offsetor 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 registrar of
the tribunal or P&E Court. a notice of appeal that-(a) is in the approvedform; and
(b) succinctlystates the grounds 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 respondentfor the appeal; and
(b) each co-respondent for the appeal; and
(c) for an appeal about a development application underschedule 1, table 1, item I-each principal submitterforthe developmentapplication;and
(d) for an appeal about a change applicationunder schedule1, table 1, item 2-each principal submitter for thechange 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
Currentas at 3 July 2017 Page 205
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(f) for an appeal to the P&E Court·-the chief executive;and
(g) for an appeal to a tribunalunderanotherAct-any otherperson who the registrar considersappropriate.
(4) The serviceperiod is-(a) if a submitter or advice agency started the appeal in the
P&E Court-2 businessdays after the appeal is staited;or
(b) otherwise.-.10businessdays after the appeal is started.
(5) A notice of appeal given to a person who may elect to be a
co-respondentmuststate the effectof subsection(6).
(6) A person elects to be a co-respondent by filing a notice ofelection. in the approved fornL within 10 business days afterthe noticeofappeal 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 executive by
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 I and the P&E Court Act,
unless the SupremeCourt decides a decision or other matterunder this Act is affected by jurisdictionalerror, the decision
or matter is non-appealable.
(2) TheJmlicialRcriewAcr 1997,part 5 appliesto the decision ormatter to the extentit is affectedby jurisdictionalerror.
(3) A person who, but for subsection (1) could have made an
applicationunder the JudicialReview Acr 1991 in relation tothe decisionor matter, may applyunderpart4 of that Act for a
statementof reasons in relation to the decisionor matter.
(4) In this section-decision includes--
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[G232]
(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 purporteddecision;and
(e) a deemed refusal.
non-appealable, for a decisionor 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 Review Act 1991 or otherwise,whether by the Supreme Court. another coun, anyuibunal or another entity; and
(c) is not subjectto any declamtory, injunctive or otherorder ol'the Supreme Court, anothercourt. any tribunalor another entity 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 personhas not compliedwith rulesof the P&E Court.
Current as a13July 2017 Page 207
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Planning Act 2016 PlanttingAct 2010
Schedule1 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 materialchange of use for a classifiedbuilding;
or(ii) operationalwork associated with building work, a
retainingwall, or a tenniscourt; or(b) a provision of a developmentapproval for--
(i) a material change of use for a classifiedbuilding;or
(ii) operational work associated with building work, a
retainingwall, or a tennis court;or(c) if a development permit was applied for-the decision
to give a preliminaryapproval for-(i)_ a materialchange of use for a classifiedbuilding;
or
(ii) operationalwork associated with building work, a
retaining wall, or a tennis court; or(d) a development condition 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 2building; and
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Authorisedby me P.irliamemnly Counsel
(ii) the building is, or is proposed to be. not more than3 storevs: and
(iii) the proposeddevelopment is for not more than 60
sole-occupancyunits; or(e) u decision for, or a deemed mfusal of, an extension
application for 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 change
application for a developmentapprovalthat is only for a
material changeofuse of a classifiedbuilding; or
(g) a matterunder this Act, to the extentthe matterrelates tothe BuildingAct, other than a matterunder thatAct thatmay or must be decidedby the QueenslandBuilding andConstruction Commission; or
(h) a decision to give an enforcementnotice-(i) in relation to a matter under paragraphs (a) to (g);
or
(ii) under the Plumbingand DrainageAct; 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 developmentapprovalfor which the development
application required impactassessment:and
(ii) a developmentapproval in relation to which theassessment manager received a properly madesubmissionfor the developmentapplication; or
(b) a provision of a development approval about theidentificationor inclusion,undera variationapproval,ofa matterfor the development.
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Schedule1 Schedu!e1
(4) Table 2 states the matters that may be appealed only to the Table1P&ECourt. Appealsto the P&E Court and, for certain matters, to a tribunal(5) Table 3 states the matters that may be appealed only to the
tribunal.
(6) In each table-(a) column I 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 imder section230(3)(f). the chiefexecutive may elect to be a co-respondentin the appeal.
(8) In this section-storeysee the BuildingCode,partA I.1.
Table 1
..-Appeals to the P&E Court and, for certain matters, to a tribunal
I. DevelopmentapplicationsFor a developmentapplicationother than a developmentapplication called in by thehfinister,an appealmay be made against·--.
taj the refusal of all or part of the developmantapplicatiomor(h) ihe deemed refusal of ihe developmentapplicatiomor(c) a provisionofthedevelopmentapproval:or(d) if a developmentpermit was appliedfor--the decisionto give a preliminary
2. Change applicationsFor a changeapplicationotherthana change applicationmadeto the P&ECourtor calledinby the Minister, an appealmay be made against-(a) the n:sponsibleentity'sdecision on the changeapplicatiomor(b) a deemed refusalof the changeapplication.
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PlanningAct201B 2 6 PlanningAot2016
Schedule1 Schedule 1
Table1Appeals to the P&E Court and, for certain matters, to a tribunal
Column I Coluran 2 Column 3 Column 4
Appellant Respondent Co-mspondent Co-respondeni
(if any) by election (ifany)
1 Theapplicant Theresponsible Ifanaffectedentity I Aconcurrence2 li'the emily startsthe agencyforthe
responsihteentity is lhe *PP PP
assessment 2 If a chosenmanager-an assessmentaffected entity manageris thethat gave a respondent-thepre-regirest prescribednotice or assessmenttesponse nouce manager
3 A privatecertifier for thedevelopmentapplication
4 Any eligibleadviceagencyfor the changeapplication
5 Any eligiblesubmitterforthechangeapplication
3. Extension applicationsFor an extensionapplication other thanan extension applicationcalled in by the Minister,un appeal may be made againct-(a) the assessmentmanager's decision on the extensionapplication;or(b) a deemedrefusal of the extension application.
Table 1Appeals to the P&E Court and, for certain matters, to a tribunal
Column I Column2 Column.1 Column4Appellant Respondent
other than adeemedrefusalofanextensionapplication-aconcurrenceagency. Otherthan the chiefexecutive,forthe application
If a concurrence If a chosenagency starts the assessmentmanagerappeal--the is theapplicant respondent-the
prescribedassessmentmanager
4.Infrastmetumchargesnotices
An appeal may be made against an infrastructurechargesnotice on I or moreof thefollowing grounds-(a) thenoticeinvolvedanerrorrelatingto-
(i) the applicationof the relevamadoptedcharge: orExampicsoferwrsinapplyinganudaptedcharac-
? the incorrect application of gross floorarea for a non-residential development
? applyingon Incorrect 'use category".undera regolation,to the development
(ii) the workingout ofextra demand. forsection 120; or(iii) an offsetor refund: or
(b) there wasnodecisionaboutanotYsetorrefund;or(c) if the infrastructurechargesnoticestatesa refundwill be given-thetimingfor
givingthe refund; or(d) foran appealto the P&E Coutt--.ihe amount of the charge is so unreasonablethat no
reasonable relevant lucal govemmentcouldhave imposed the amount.
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PlanningAct 2016 - PlanningAcl 2016
Schedule 1 Schedule1
Table 1Appeals to the P&E Cottrt and, for certain matters, to a tribunal
Column I Column2 Column3 Column 4
Appellant Respondent Co-respondent Co··respondent
(if any) by election (ifany)
The persongiven the The local --infrastructure govemmentthatgavechargesnotice the infrastmeture
chargesnotice
5. Conversionapplications
An appe31 maybe madeagainst-laj ihe refusal of a conversionapplication; or(b) a deemedrefusal of a conversionapplication.
Column 1 Column 2 Column 3 Column 4
Appellani Respondent Co-respondent Co-respondent
(if any) by election (ifany)
The applicant The local -- .--.govemment to whichthe conversionapplication wasmade
6. Enforcement notices
A a appealmay be made againstthe decision to give an enforcement notice.
Column I Column 2 Column3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
The person given the The enforcementenforcement notice auihority -
Iftheenforcementauthority is not thelocal government forthe preml.sesinraration to which theoffenceis alleged tohavehappened-thelocal govemment
Table 2Appeals to the P&E Court only
1. Appealsfrom tribunal
An appeal may be made against a decisionofa tribunal, other thana decisionundersection252, on the groundof-(a) an error or mistake in law on the part of the tribunakor(b) jurisdictionalerror.
Column I Column 2 Column 3 Column4
Appellant Respondent Co<espondent Co-respondent
(ifany) by election lifany)
Apartvtorhe Theotherpartytothe
- -proceedingsfor the proceedingsfor thedecision decision
2. Eligible submitler appeals
For a developmentapplication or changeapplicationotherthan an applicationdecidedbythe P&E Courtor called in by the Minister. nn appealmay be madeagainst the decisionto approve the application.to the extent the decisionrelatesto-(a) any part of the developmentapplication or changeapplicationthat equired impact
assessment;or
(b) avariationrequest.
Column I Column2 Column3 Column4AppeHant Respondent Co-respondent Co-respondent
(ifany) byelection(ifany)
1 Fora 1development
appHeation-aneligiblesubmitterforthedevelopment
,application ~
2 Forachangeapplication-aneHgiblesubmitter for thechangeapplication
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Planning Act 201S PlanningAct 2016
Schedute 1
I
Table2Appeals to the P&E Court orily
1 Eligiblesubmitterandeligibleadviceagency appealsFor a developrnentapplicationor changeapplication other than an applientiondecidedbythe P&E Conn or called in by ti1eMinister,an appealmay be madeagainst a provisionofthe developmentapproval.or a Dilium to include a provision in the developmentapproval, to the extent the matterrelates to---fal any part of the developmentapplication orchangeapplication that required impact
auessment;or(b) a variationrequest.
Cohimn I Column2 Column 3 Column 4
Appellant Respondent Co-mspondent Co-respondent
(if any) by election(ifany)
1 Fora i Fora ] Theapplicant Anothereligibledevelopment development 2 Ilthcappealis submitterfortheapplication-an applicationshe about a appHeationeligible assessrnent concurrencesubmitrerforthe manager agency½ferddevelopment 2 Forachange response-theapphention application-the concurrence
4. CompensadonchiimsAn appeal may be made against-ta) a decision under section32 about a compensationclaim;ort in a decision undersection265 about a claim for compensation;or(c) a deemedrefusal of a claim under paragraph(a) or (b).
Schedule 1
Table 2Appeals to thé P&E Courtonly
Column 1 Column 2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondent
(ifany) byelection(ifany)
A persondissatisfied The local
- -with the decision government to whichthe claim wasmade
5. Registered premises
An appeal may be made againsta decisionof the Ministerunderchapter 7. part 4.
Column I Column 2 Column 3 Column 4
Appellant Respondent Co-respondent Co-respondent
(ifany) by election (ifany)
1 A persongiven a TheMinister
- Ifan ownerordecision notice occupierstarts theabout the oppeal-lheownerofdecision theregistered
An appeal maybe made againsta decisionofa local govemment.or condilionsapplied,under a local law about-(a) the use of piemises.other than a use that is the naturaland ordinary consequence of
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PlannIngAct 2016 PlanningAct 2016
Schedule1 Schedule 1
Table 2Appeals to the P&E Courtonly
Colanm | Column 2 Column3 Column4
Appellani Respondent Co-mspondent Co-respondent
(if any) by election (ifany)
A person who- Tlie local
(n) appHedfor the governmentdecision;nnd
(b) is dissatisfiedwiththedecisionor conditions.
Table 3Appeals to a tribunal only
1. Buildingadvi.soryagencyappeals
An appeal may be madeagainst giving a developmentapproval for building work to theextent the buildingwork requiredcode assessmeniagainst the buildingassessmemprovisions.
Column I Column 2 Column3 Column4
Appellant Respondent Co-respondent Co-respondent
(ifanyJ by election(ifany)
A buildingadvisorf The assessmentagency for the managerdevelopment
applicationteintedtothe approval
The applicant i A concurrenceagencyfor thedevelopmentopplicationrelated to theapproval
2 A privatecertifierfor thedevelopmentapplicationrelated to theapproval
Table 3Appealsto a tribunal only
2. Inspection ofbuilding workAnappealmay be made against a decisionof a buildingcertiller or referm1agency aboutthe inspection ofbuildingwork that is the subjectof a building developmentoppmvalunderthe Building Act.
Column 1 Column2 Column 3 Column 4
Appellant Respondent Co respondent Co.respondent
(ifany) by election (ifany)
11teapplicantfor the Thepersonwhodevelopment madethe decisionapproval
3. Certaindecisionsunderthe Building Act and the Plumbingand DrainageActAn appeat maybe made against-(a) a decisionunderthe Building Act. other thana decision made by the Queensland
Buildingand ConstructionCommission,ifan informationnoticeabout the decisionwas givenor requiredto be given under that Act;or
(b) adecisionunderlhe PlumbingandDminageAci,part4cr5.ifaninformationnoticeabout the decisionwas given or regtfiredto be given under thatAct.
Column 1 Column2 Column3 Column 4
Appellant Respondent Co..respondent Co-respondent
(ifany) by election (ifany)
A person who Thepersonwho -.received. or was made lhe decisionentitledloreceive,aninfammtionnoticeabout the decision
4. I ocal govemment failure to decideapplicationunderthe Building Act
Anappealmaybe nmdeagainst a local government'sfailusto decide an applicationunderthe BuildingAct withinthe period required under that Ach
Page 282 Current as at 3 July2017 Currentas at 3 July 2017 Page 283
Authunsedhv ihe P.unomennryCaumet Autho:isedby ihe ParliamcmozyCounsel
PlanningAcl 2016
Schedule 1
Table3Appearsto a tribunal only
Column1 Column2 Column3 Column4
Appellan: Respondent Co-respondent Co-respondent
(if any) by election (ifany)
A person who was The local
- -entitled to n:ceive governmentto whichnotice of the decision the applicationwas
