SomersetREGIONAL COUNCIL
Officer: Ryan Cheng, planning officerPhone: (07) 5424 4000Application reference: DA18574
30 May 2019
Mark RobertsonPO Box 6145UPPER MOUNT GRAVATT QLD 4122
Emali: [email protected]
Dear Sir,
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 7 May 2019 and confirm the following details:
RE: Development application for Building Works assessable against the PlanningScheme for an Outbuilding on Vacant Land situated at 114 Lakeview Drive, Esk on .
land describedas Lot 10 on RP153766.
I wish to advise that, on Friday 24 May 2019, the above development application wasapproved in full with conditions. The conditions of this approval are set out inAttachment 1.
Approval under s64 (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 an Outbuilding on Vacant Land
2. Further developmentpermitsThe following developmentpermits are required to be obtained before the developmentcan be carried out:
- Building Permit
ABN 50 138 958 249CouncilChambers- 2 Redbank Street, Esk QLD 4312
Address all correspondenceto - ChiefExecutiveOfficer, SomersetRegionalCouncil,PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E [email protected] W www.somerset.qld.gov.au
3. Approvedplans and/ordocumentsThe approved plans and/or documents for this development approval are listed in thefollowing table:
Plan/Document number Pian/Document name | Date
- Site Plan - prepared by the applicant, amended 6 May 2019by Council with information from the applicant
Job No.: OXFD37308, Floor and Elevation Plans - prepared by FDS at 21 March 2019Sheets 1 to 3 Northern Consulting Engineers
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 (thecurrencyperiod)-
(a) For any part of the development approval relating to any other development(i.e. OperationalWork) - if the developmentdoes not substantially start 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.
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 assessment manager has a form for the application - inthe form; or
li. By notice; andb. Accompanied by -i. The required fee; and
li. To the extent the application relates to premises, other thanexcluded premises, for which the applicant is not the owner -the written consent of the owner of the premises to theapplication.
6. 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 development condition.
(2) A variationapproval for development lapses to the extent the development is
not completed within -a. If a developmentcondition 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 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 - Chapter6 Part 1 Planning Act 2016The rights of applicants to appeal to a tribunal or the Planning and Environment Court
against decisions about a developmentapplication are set out in Chapter 6, Part 1 ofthe PlanningAct 2016. For particular applications, there may also be a right to makean application for a declaration by a tribunal (see chapter 6, part 2 of the PlanningAct2016). A copy of the relevantappeal provisions are enclosed for your information.
Should you wish to discuss the contents of this decision notice, please contactCouncil's planning officer, Ryan Cheng on (07) 5424 4000.
Yours sincerely
Jason BradshawChief Executive Officer
Attachment1- Conditionsof the approval
Attachment2 - PA extract on appeal rights
Attachment 1- Conditions of Approval
SCHEDULE 1- Planning
AssassmentManagerNo Condition Timing1.1 Carry out the development generally in accordancewith the material At all times.
contained in the development application, supportingdocumentation and the plan Ilsted below, except where amended bythese conditions of approval.Site Plan, Prepared by the Applicant, Council'sreference: DA18574
.- Attachment 1, Amended by Council with information from theApplicant, Received on 6 May 2019.Floor and Elevation Plans, Prepared by FDS at Northern ConsultingEngineers, Job No.: OXFD37308, Sheets 1 to 3, Dated 21 March2019.
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 Outbuilding is never to At all times.be occupied by persons on a permanent, semi-permanent orintermittent basis, or any other residential use associated with aClass 1 building as defined by the Building Codes of Australia.
SCl· EDULE 2- Engineering
AssessmentManagerNo Condition Timing2.1 All buildings, structures, fittings, fixtures and grounds forming part of At all times.
this development approval must be maintained-? In a serviceable condition; and? in a state of good repair and efficient action; and? in a clean, sanitary condition; and? free of accumulated disused materials; and? free of 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 wastedisposal facility in a manneracceptable to Somerset Regional Council unless otherwiseauthorised by Council.
2.3 Light sources must be positioned, and shielded when necessary, to At all times.prevent light spillage causing a nuisance to any other premisesoutside the boundariesof the property to which this developmentapproval relates.
SCl· EDULE 3 - AdviceAssessmentManagerThis 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 Planning Act 2016 the 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 in
this development application within the applicant's appeal period under the processestablished in chapter 3, part 5, subdivision1 of the PlanningAct 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 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 decisionsabout 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 PlanningAct 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.
DA18574 - Attachment 1
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PlanningAct 2016 PlanningAct 20%Chapter6 Dispute resolution Chapter6 Dispute resolution
[s229] [s229]
(2) The person is taken to have engaged in the representative's (iii) who is a co··respondent in an appeal of the matter;conduct, unless the person proves the·person could not haveandpreventedthe conduct by exercising reasonable diligence.
(iv) who may elect to be a co-respondentin an appeal(3) In this section---of the matter.
conductmeans 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--10agent 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 timesrace of mind, of a person, includes the person's_ after the deemed refusal happens; or
(a) knowledge, intention,opinion, belief or purpose; ancl (c) for an appeal against a decision of the Minister, underchapter 7. part 4, to r.egister premises or to renew the(b) reasons for the intention, opinion. belief or purpose. registrationof prernises·-20business days after a noticeis publishedunder section269(3)(a)or (4);·or
Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court(1) Schedule 1 states-
(a) matters that may be appealedto-(i) either a tribunalor the P&E Court; or(ii) only a tribunal; or
(iii) only the P&B Court; and(b) the person-
(i) who may appeal a matter (theappellant);and
(ii) who is a respondentin an appeal of the matter; and
(d) for an appeal against an infrastructure chargesnotice-20business days after the infrastructure chargesnotice is given to the person; or
(e) for an appealabout a deemed approvalof a developmentapplication for which a decision notice has not beengiven-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 ofthe decision for the matter, including an enforcementnotice, is given to the person.
Nore-See the P&E Court Act for the coun's power to extend the appealpeded.
(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, theassessmentmanagermay apply to the tribunal or P&E Counto withdrawfrom the appeal.
Currentas at 3 July 2017 Page 203 Page 204Current as at 3 July 2017Am[mrised by the Parliamenbry Counsel
Authorisedby EheParHamemnryCnunse]
PlanningAct 2016 PlanningAct 2016Chapter 6 Dispute resolution Chapter6 Dispute resolution
[s230] [s 231]
(6) To remove any doubt, it is declared that an appeal against aninfrastructurecharges 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 infrastructureidentif'edin a LGIP; or
(ii) the cost of infrastructure decided using the methodincluded in the local government's chargesresolution.
230 Notice of appea[(O 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 approved form; and
(b) succinctlystates the grounds of the appeal.(2) The notice of appeal must be accompanied by the required
fee.
(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-1.a) the respondent for the appeal; and
(b) each co-respondentfor the appeal; and(c) for an appeal about a development application under
schedule 1, table 1, item 1-each principal submilterforthe developmentapplication; and
(d) for an appeal about a change applicat.ion under 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 isnot a principal submitterin an appeal under paragraph(c) or (d); and
Currentas at 3 July 2017Page 20s
Amborisedby ihe ParliamemryCounsd
(f) for an appeal to the P&E Court--the chief executive;and
(g) for an appeal to a tribunal underanother Act-any otherperson who the registrar considers appropriate.
(4) The service period is-(a) if a submitter or advice agency started the appeal in the
P&E Court-2 businessdays 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 rnay elect to be a
co-respondentmust state the effectof subsection(6).(6) A person elects to be a co-respondentby filing a notice of
election, in the approved form, within 10 business days afterthe notice of appeal is given to the person.(7) Despite any other Act or rules of court to the contmry, a copy
of a notice of appeal may be given to the chief executive byemailing the copy to the chief executive at the email addrcssstated on the department'swebsite for this purpose.
231 Other appeals(1) Subject to this chapter, schedule 1 and the P&E Court Act,
unless the Supreme Court decides a decision or other matterunder this Act is affected by jurisdictional e1Tor, the deci.sionor matter is non-appealable,
(2) The JudicialReviewAcr 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
application under the Judicial Review Act 1991 in relation tothe decisionor matter, may apply under part 4 of that Act for astatementof reasons in relation to the decision or matter.
(4) In this section-decision includes-
Page 206Currentas at 3 July 2017
Authorisedby the ParliamemaryCounsel
Planning Act 2016Chapler 6 Dispute resolution
[s232]
(a) conduct engaged in for the purpose of making adecision; and
(b) other conduct that.relates to the making of a decision;and
(c) the making of a :decision or the failure to make adecision; and
(.d) a purported decision; and(e) a 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 199) 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 Supreme Coürt, another court, any tribunalor anotherentity on any ground.
232 Rules of the P&E Court(1) A person who is appealing to the P&E Court must comply
with the rules of the court that apply to the appeal.(2) However, the P&E Courtmay hear and decide an appeal evenif the person has not compliedwith rules of the P&E Court.
Currentas at 3 July 2017Page 207
Auilioriscilby the PnrHumeniaryCounsel
PlanningAct 2016
Planning Acl 2016Schedule 1
SchecJule 1Schedule 1 ÅppealS(ii) the building is, or is proposed to be. dot more than
3 storeys; and
section 229
1 Appeal rights and parties to appeals(1) Table 1 states the matters that may be appealedto-
(a) the P&E court; or
(b) a tribunal.
(2) However, table 1 applies to a tribunal only if the matterinvolves--
(a) the refusal, or deemed refusal of a developmemapplication,for-(i) a material change of use for a classified building;
or
(ii) operational work associated witb building work, aretaining wall, or a tennis court; or
(b) a provisionof a development approval for-(i) a material change of use for a·classified building;
or
(ii) operational work associatedwith building work, aretainingwall, or a tennis court; or
(c) if a developmentpermit was applied for-the decisionto give a preliminary approval for-(i) a material change of use for a classifiedbuilding;
or
(ii) operational work associated with building work, aretainingwall, or a tennis court; or
(d) a development condition if-(i) the development approval is only for a material
change of use that involves the use of a buildingclassified under the Building Code as a class 2building; and
Page 272Cunentas at 3 July 2017
Authorbedby ihe PnrHamemaryCounscI
(iii) the proposed development is for not more than 60sole-occupancyunits; or
(e) a decision for, or a deemed refusal of, an extensionapplicationfor a development approval that is only for amaterial changeof use of a classifiedbuilding;or
(f) a decision for, or a deemed refusal of, a changeapplication for a development approval that is only for amaterial change of use of a classifiedbuilding; or
(g) a matter under this Act, to the extent the matter relates tothe BuildingAct, other than a matter under that Act thatmay or must be decided by the QueenslandBuildingandConstructionCommission;or
(h) a decision to give an enforcementnotice--(i) in relation to a matter under paragraphs (a) to (g);
or
(ii) under the Plumbing and Drainage Act; or(i) an infrastructure chargesnotice; or(i) the refusal, or deemed refusal, of a conversion
application;or(l) a matter prescribed by regulation.
(3) Also, table 1 does not apply to a tribunal if the manerinvolves-(a) for a matter in subsection (2)(a) to (d)--
(i) a developmentapprovalfor which the developmentapplicationrequired impact assessment; and
(ii) a development approval in relation to which theassessment manager received a properly madesubmissionfor tbe development application; or
(b) a provision of a development approval about theidentificationor inclusion, undera variation approval, ofa matter for the development.Current as at 3 July 2017
Page 273Authorisedby the ParliamenmryCoursel
Planning Act 2016
Planning Act 2016Schedule 1
Schedule 1(4) Tabic 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
(ó) 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-respondentsby election (if any)in the appeal.
(7) If the chief executivereceives a notice of appeal under section230(3)(f), the chief executive may elect to be a co-respondentin the appeal.
(3) In this section--storey see the Building Code, part Al.1.
Table 1Appeals to the P&E Court and, for certain matters, to a trIbunal
1. DevelopmentapplicationsFor a developmentapplicationother than a development application called in by theMinisier. an appeal may be made against--(a) the refo:m] of al] or part of the developmentapplication; or(b) the deemed refusal of the development applicatiom or(c) a provi:nonof the developmentapprovalfar(d) if a developmentpennit was applied for7the decision to give a preliminaryapproval.
Table 1Appeals to the P&E Court ancl, for certain matters, to a tribunal
Column 1 Column 2Appe]]ani Respondent
The applicant The assessmentmanager
Column 3
Co-respondent
(ifany)
If the appeal is abouta concurrenceagency's re ferralresponse-theconcurrence agency
Column 4
Co-respondent
by election (ifany)
1 A concurrenceagency that isnot a
co-respondent2 If a chosen
assessmentmanageris therespondem-theprescribeciassessmentmanager
3 Anyeligibleadvice agencyfor the
applicadon4 Any eligible
submitter for the
application2. Chango applicationsFor a change application other than a change application made to the P&E Court or calledin by the Minister, an appeal may be madeagainst-(a) the responsibleentity's decision on the changeapplication; or(b) a deemed refusal of the changeapplication.
Page274Current as at 3 July 2017 Currentas at 3 July 2017
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AuMorisedby the Parliamemnry Counsc1
Planning ACI 2016
PlanningAcl 2016Schedule 1
Schedule iTable 1
Table 1Appeals to the P&E Court and, for certain matters, to a tribunat Appeals to the P&E Court and, for certain matters, to a tribunalColumn 1 Column2 Column 3 Column4 Column 1 Column 2 Column 3 Column 4Appellam Respondent Co-respondent Co-respondentAppellant Respondem Co-respondem Co-respondent(if any) by election (if
(if any) by electiondfany)any)The applicant The responsible If an affectedentity 1 A concurrence 1 The applicant The assessment If a concurrence If a chosen
. entity starts the agency for the2 For a matter. manager agencystarts the ssessment managerappealube development
oWer than a appeal--the as theentily is the appheam applicationdeemedrefusal applicant respondent-theassessment 2 If a chosenof an extension prescribedmanager-an assessmemapplication-a assessment manageraffected entity manager is the concurrencethat gave a
respondem---theagency, otherpre-reclucst
prescribed.than the chiefnotice or
assessmemexecutive, forresponse nonce
manager the application
for the 4. ]nfrastructure charges noticesdevelopment An appeal may be made againstan infrastructure charges notice on 1 or more of theapplicat[on
. following grounds-4 Any eligible (a) the notice involved an error relating to--ndvice agency (1) the applicationof the relevantadoptedcharge; orfor tlle change
.application Example.s oferrors m applying an adopted charsc~5 Any eligible ,
? the incorrectapplication of gross floor area for a non-residentialdevelopmentsubmitter for the- applying an incorrect 'use category',under a regulation, to the developmentchange
(ii) the working out of extra demand, for section 120; orapplication
(iii) an offsetor refund; or3. Enension appHcmions
(b) there was no decision about an offset or refund; orFor an c:uensionapplicationother than an extension applicationcalled la by the Minister'
(c) if the Infrastructure charges notice states a refund will be given-thetiming for
an appeal amy be made against-
giving the refund;or(a) the assessment manager'sdecisionon tlle:extensionapplication; or
(d) for an appeal to theP&E Court--theamount of the charge is so unreasonablethat no
(b) a deemed refosal of the extensionapplication.[ reasonabic relevant local government could have imposedthe amount.
Page 276Current as at 3 July 2017 Current as at 3 July 2017
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Au1hori% liy 1heParliamentaryCoonsd
Planning Act 2016
PlanningAct 2016Schedule 1
Schedule 1
Table 1Appeals to the P&E Court and, for certain matters, to a tribunal
Column 1 Column 2 Column 3 Column4
Appellant Respondent Co-respondent
(if any)
The peison given the The local
-infrastructure governmentthalgavechargesnotice the infrastructure
chargesnotice
Co-respondent
by election(ifany)
i ConversionapplicationsAn appeal may be made against-(a) the refusal of a conversionapplicmion; or(b) a deemed refusal of a conversion application.
Column1 Column2 Column3 Column4AppcIlam Respondent Co-respondent Co-respondent
(if any) by election (ifany)
The applicam The local
-government to whichthe conversionapplication wasmade
6. Enforcement tioticesAn appeal may be made against the decision t give an enforcement notice.Column 1 Column2 Column3 Column 4Appelbnl Respondent Co-respondent Co-respondent
(if any) by election (Ifany)
The persongivcn the The enforcementenforcement notice authority -- If the enforcemem
authority is not thelocal government forthe premisesinrelation to which theoffence is alleged tolhave happened-thelocal government
Fage 279 Current as at 3 July2017Aulborimi by the ParliamumnryCopascl
Table 2Appeals to the P&E Court only
1. Appenis from tribunalAn appeal may be made againsta decision of a tribunal other than a dechionundersection252, on the groundof-(a) an error or mistake in law on the part of the tribunal;or(b) jurisdictlonalerror.
Column J Column 2 Column3 Column4Appellant Respondent Co-respondent Co-respondem
(if any) by election(ifany)
A party to the ·The other party to the
-proceedingsfor the proceedingsfor thedecision decision
2. Eligible submitter appealsFor a developmentapplicationor changeapplication other than nn applicationdecided bythe P&E Court or called in by the klinister, an appeal may be made against the decisionto approvethe application,to the extent the decision relates to-(a) any part of the developmentapplicationor change application that required impactnssessment;or(b) a variationrequest.
Column 1 Column 2 Column 3 Column 4Appellam Respondent Co-respondent Co-respondem
(if any) by election(ifany)
1 For adevelopment
npplication,.ineligiblesubmitterfor thedevelopment
application2 For a change
application-aneligiblesubmitter for the
L changeapplication
For u ? 1development 2application-theassessmentmanager
For a changoapplication--.tlieresponsibleentity
The applicant AnothereligibleIf the appeal is submitter for the
abouta ^ÞPli°ali°Dconcurrenceagency'sreferralresponse-lheconcurrenceagency
Current as at 3 July 2017Page 27g
Authorisetlby the ParliamentaryCounsel
PlannrngAct 2016
Planning Acl 2016Schedule 1
Schedule
Tabb 2
Appeals to the P&E Court only3. Eligible submitter and e}igibleadvice agency appcabFor a devciopmentapplicationor changeapplicationother than an applicationdecidedbythe P&E Court or called in by the Minister, an hppeal may be made against a provision ofthe developnwn1 approval,or a failure to incluè!ca provision in the developmentapproval, to lhe extem the maner relates to-(a) any part of the dcvelopment applicationor change application that required impact
assessment; or(b) a vanotionrequest.
Column ] Column2 Column3 Column 4Appelhmi Respondent Co-respondent Co-respondent
(if any) by election (ifany)
] For a
deVe]Opment
appbcanon-.aneligiblesubmitter foi thedevelopment 2application
2 For a changeapplication-aneligiblesubminerfor thechoneeapplication
Fora I;development 2application.--the -
assessment.
managerFor a clmngeapplication~-theresponsibleentity
The applicant Anothereligibleif the appeal is subniitterfor the
about a "PP
concarcanceagency'sreferralresponse---theconcurrenceagency
3 An digibleadviceagencyfor thedevelopmentapplication orchangeapplication
+ CompensationclaimsAn appeal may be made against-(a) a decisionunder section32 about a compensation claim; or4b) n decisionunder section 265 about a claim|forcompensation;or(c) a deemedrefusal of a claim underparagraph(a) or (b).
Table 2Appeals to the P&E Court only
Column 1 Column 2 Column3 Column 4Appellant Respondent Co-respondent Co-respomIcnt
(if any) by election (if, any)
A person dissatisfied The localwith the decision Igovernmentto which
the claim was made
5. RegisteredpremisesAn appeal may be made againsta decisionof the Ministerunder chapter7, part 4,
Column i Column2 Column 3 Column4Appellant Respondent Co-respondent Co-respondeni
(ifany) by election (ifany)
i A persongiven a TheMinister
- If an owner ordecision notice occupierstarts theabout the
appeal-thcownerofdecisionthe egistered
2 If the decisionis P'°°13°8to registerpremisesorrenew the
registration ofpremises--anowner oroccupierofpremises in theaffectedarea forthe registeredpremiseswho isdissatisfied withthe decision
6. Local laws
An appeal may be made against a decisionof a local government,or conditionsapplied,under a local law aboul-(a) the use of pretnises,other than a use that is the natura] and ordinaryconscquenceofprohibiteddevelopment;or(b) the erection of a buildingor otherstructure.
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Authoriselfby die Parlimmeniary Counsel
Planning Act 2016PlanningAct 2016
Schedule1
Scheduie 1
Table 2Appeals to the P&E Court only
Colunm 1 Column2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondent
(if any) by election (ifany)
A pmon who- The local
(a) npplied for the ß°"°'"M°*decision;and
(b) is dissatisfiedwith1bedecisionoi conditions.
Table:3Appealsto a trjbunal only
1. Building advisory agency appeals
An appeal may be made against giving a development approval for building work to theexleythebuildingwork required·code assessmentagainst the buildingassessmentprovisions.
Column 1 Column 2
Appelhmt Respondent
A building advisory The assessmentagency for the managerdevelopmentapplication related tothe appmval
Column3 Column 4
Co-respondent Co-respondent
(if any) by elect.ion (ifany)
The applicant 1 A concun-coceagency for thedevelopmentapplicationiclated to theapproval
2 A privatecertifierfor thedevelopment
applicationrelated to theapproval
Table 3
Appeals to a tribunal only2. Inspection of building workAn appeal may be made againsta decision of a building certifieror referralagencyaboutthe inspection of buildingwork that is the subjectof a building development approvalunder the BuildingAct
Column I Column 2 Column3 Column4
Appellant Respondent Co-respondent Co-respondem
(if any) by election(ifany)
The applicant for the The person whodevelopment made the decisionapproval
3. Certain decisionsunder the Building Act and the Plumbing and DrainageActAn appeal may be made against--(a) a decision under the Building Act, other than a decisionmade by the Queensland
Building and Construction Commission, if an information notice about the decisionwas given or required to be given onder that Act; or
(b) a decision under the Plumbing and DrainageAct, pan 4 or 5, if an informationnotice ?
about the decision was give.n or required to be givenunder that Act
__IColumn i Colurrm 2 Column3 Column 4
Appellant Respondent Co-respondent Co-respondem
(if any) by clection(ifany)
A person who The person who -- -received,or was made the decisionentitled to receive,aninformationnoticeabout the decision
4. Local government failure to decideapplication under the Building Act|Anappeal may be madeagainst alocal government'sfailure to decidean applicationunder the Building Àct within the period requiredunder that AcL
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Authorised by the ParliamumaryCoungI
PraoningAc( 201ò
Schedule 1
Table 3
__Appeals to a tribunal only
Column 1 Column2 Columu3 Column4APPellant Respondent Co-respondent Co-respondent
any) by election (ifany)
A person who was The localentitled to receive government to whichnotice of the decision the application was
made
Page 284Current as at 3 July 2017
Authonscó hy the PurliamenturyCounsel
