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

SomersetREGIONAL COUNCIL

Officer: Mathew Stevens .-. Graduate Planning OfficerPhone: (07) 5424 4000Application reference: DA18799

27 August 2019

Paul Stillman -

49 Lesley AvenueCABOOLTURE QLD 4510

Email: [email protected]

CC: R and F Steel BuildingsEmail: [email protected]

Dear Mr Stillman,

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

Somerset Regional Council as the Assessment Manageracknowledges receipt of theabove application on 7 August 2019 and confirm the following details:

RE: Development application for Development Permit for Building Works assessableagainst the Planning Scheme for a Domestic Outbuilding (siting relaxation) situated.at'138 GregorsCreek Road Gregors Creek on land described as Lot 2 on RP853001.

I wish to advise that, on Tuesday, 20 August2019 the above development applicationwas approved 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 thePlanning Act 2016 (PA).

1. Details of the approvalThe following approvals are given:

DevelopmentPermit Building Works assessable against the PlanningScheme for a Domestic Outbuilding (siting relaxation

2. Further developmentpermitsThe following development permits are requiredto 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/ordocumentsThe approved plans and/or documents for this development approval are listed in thefollowing table:

Plan/Document number Plan/Document name Date

DA18799 - Attachment 1 Site Plan - prepared by the applicant 22 July 2019

DA18799 - Attachment 2 - Front and Back Elevations- prepared by R and 22July 2019Project No: P1640Q1 F Steel Buildings Gatton

DA18799 - Attachment3 - Left and Right Elevations - prepared R and F 22 July 2019Project No P1640Q1 Steel Buildings Gatton

DA18799 - Attachment 4 - Floor Plan - prepared by R and F Steel 22 July 2019Project No: P1640Q1 Buildings Gatton

4. 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 (the

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

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

6 years after the approval starts to have effect.

(b) For any part of the developmentapproval relating to Reconfiguring a Lot -if

a 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 approvai relating to any other development(i.e. Operational Work) - if the development does not substantially startwithin

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

2 years after the approval starts to take effect.

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

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

assessment manager 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 - in

the form; orli. By notice; and

b. Accompanied by -i. The required fee; and

ii. 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 Planning Act2016)

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

(2) A variation approvalfor developmentlapses to the extent the development isnot completedwithin -a. If a developmentcondition required the development to be completed

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

nominated in the developmentapplication; orc. 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 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 relevant appeal provisions are enclosed for your information.

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

Yours sincerely,

Bob HolmesActing Chief Executive Officer

Attachment1- Conditionsof the approval

Attachment2 - PA extract on appeal rights

Attachment1- Conditionsof Approval

SCHEDULE 1- Planning

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

material contained in the development application,supporting documentationand the plan listed below, exceptwhere amended by these conditions of approval.Site plan, Prepared by the Applicant/R and F SteelBuildings, Council's reference: DA18799 - Attachment 1,

Received on 7 August 2019Front and Back Elevations, Prepared by R and F SteelBuildings Gatton, Project No: P164001, Dated 22/07/2019,Council's reference: DA18799- Attachment 2, Received on7 August 2019Left and Right Elevations, Prepared R and F Steel BuildingsGatton, Project No: P1640Q1, Dated 22/07/2019, Council'sreference: DA18799- Attachment 3, Received on 7 August2019Floor Plan, Prepared by R and F Steel Buildings Gatton,Project No: P1640Q1, Dated 22/07/2019, Council'sreference: DA18799 - Attachment 4, Received on 7 August2019

1.2 Complywith the relevant provisions of the Somerset Region At all times.Planning Scheme, Planning Scheme Policies and LocalLaws.

1.3 Unless otherwise approved by Council, the domestic At all times.outbuilding is never to be occupied by persons on a

permanent, semi-permanent or intermittent basis, or anyother residential use associated with a Class 1 building asdefined by the Building Codes of Australia.

SCl· EDULE 2- Engineering

Assessment ManagerNo Condition Timing2.1 All buildings, structures, fittings, fixtures and grounds At all times.

forming part of 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 At all times.from site and depos1ted at an approved waste disposal

facility in a manner acceptable to Somerset RegionalCouncil unless otherwise authorised by Council.

2.3 Light sources must be positioned, and shielded when At all times.necessary, to prevent light spillage causing a nuisance toany other premises outside the boundaries of the propertyto which this development approval relates.

SCHEDULE 3- Advice

Assessment ManagerThis approval has effect in accordancewith the provisions of section 71 of the PlanningAct 2016, and developmentmay commence in accordancewith section 72.

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval willlapse if the first change of the use under the approval does not start within the 'currencyperiod' - 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, subdivision 1 of the Planning Act 2016.

The Planning Act 2016 provides for a person to make a change to this developmentapplicationoutside 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 bythis approval are the applicant's responsibility. The applicantmust 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 applicationare 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 declarationby 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 carriagewayto property boundary in accordancewith Council's standards.

DA18799 - Attachment 1

R&FSTEEL BUILDINGS

Site plan for proposedbuildingworks.

Name: Paul StillmanSite Address: 138 Gregors Creek Rd, GregorsCreek

Lot & Plan #: Lot 2 on RP853001

Size of Black: 2.745ha

Please ensure you have marked the following items on your site plan to assist with councilapproval:

O Dimensions of blockO Positionof StreetO Positionof existing buildingsD Distancebetween proposed shed/patio, side and front boundary in relation to otherbuildings.

Any sewer line/easementswe need to be aware of

ROVED NQRTHBW%ana!Couscil

.10r1%ASSESMagggyDA 18799 20AUG200

0 µm6E do,ds

ond Boris

Owners Signature


APPROVEDSomersetRegionalCouncilforthe ASSESSMENTMANAGER

DA 18799 20AUG2019

Pnch: 10.0

| | | !aano I ce sooo 1 5?

Pitetr.10.0

II

I

I

FRONTELEVATION BACKELEVATION

R&FStee1BuildingsHeadOMce PROJECTNO;P1640Q1 CUSTCMER: Pau1Sö!!man SITE. 138GregorsCreekRd DATE 22/07/2019

QBCCLic.1146848 GregDTS Creek, QLD4313

D? STEEL PROJECT NAME: 7.5m x 1Bm Garaport utr WINDSPEED. 64.06m/sBUILDINGS

98CrescentstreetGattonQLD4343 LOT: 2 RP/SP: RP853D01 SERVICEABluTY: 43.03m/s

R&FSteel BuildingsHead Offee T 07 5486 5099 QUOTENAME: Paul Stillman DRAWINGNo: Paul Stillman;Elevations1ABN: 15 130895028 E [email protected]


IIIII

APPFiOVEDSomersetRegionalCouncilfor the ASSESSMENTMANAGER

DA 1 8 7 9 9 2 o AUG2019 LEFT ELEVATION

R1GHT ELEVATION

R&F Steel Buildings Head Office PROJECTNo: P1640Q1 CUSTOMER: Paul Stillman SITE: 138 Gregors Creek Rd DATE: 22/07/2019QBCC Lic. 1146B48 GregorsCreek, QLD 4313

STEEL PROJECTNAME: 7.5m x 1Bm Garaport ULT WNDSPEED: 64.06 misBUILDINGS

98CrescentStreetGattonOLD4343 LOT: 2 RP/SP: RP853001 SERVICEABILITY: 43.83m/sR8FS el ng He0280ffice 7546rst

elbuildings.com.auOUOTENAME: Paul Stillman DRANNGNo: PaulStillman; Elevations2

OpeningLegendDA18799 - Attachment 4 RAD1 3000hx3000w

RAD2 2100h x 1600w|WIN1 900h x 1210w

LEFT

134 3000 1. 3000 t 3911 1. 3911 3911 34

7484 t 1210.

2701 1210.

2506 1600 1289

[ [ [ ]WIN1 WIN1

___________ ____ ___------ APPROVEDa SSüsstíksTòWálCouncilt&riheÄ$$È?$WEtåMANAGER

18000 -

RIGHT ° 5o

c

Floor Plan

R&F Steel Buildings Head Office PROJECTNO. P1640Q1 CUSTOMER: Paul Sti!!man SITE: 138 Gregors Creek Rd DATE: 22/07/2019OBCC Lic. 1146848 Gregors Creek, QLD 4313

? STEEL PROJECT NAME: 7.5m x 18m Garaport ULT WINDSPEED: 64.06 m/sBUILDINGS escrescentSueerGattonoLD4343 LoT: 2 RPtsP; RP853001 SERVICEABIUTY: 43.g3 m/S

R&F Steel BuHdingsHeadOfrtce T 07 5466 5093 000TENAME: Paul Stillman DRAWNG No: Paul StiHman;Floor PlanABN: 15 130 895 028 E [email protected]

PlanningAct2016 PlanningAct 2016chapter 8 Dispute resolution Chapter6 Dispute resolution

[s2291 [s229]

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

prevented the conduct by exercisingreasonablediligence.

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

representative means-(a) of a corporation--anexecutive ofßcer, employee or

agent of the corporation:or

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

state ofmind, of a person, includes theperson'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 (the appellant); 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 appellant may start an appealwithin 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 time

after the deemed refusal happens; or(c) for an appeal against a decision of the Minister, under

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

registrationof premises--20 business days after a noticeis publishedimder section269(3)(a)or (4); or

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

(e) for an appeal about a deemed approval of a development

application for which a decision notice has not been

given.--30 business days after the applicant gives thedeemedapprovalnotice to the assessmentmanager;or

(f) for any other appeal-0...0businessdays after a notice ofthe decision for rhe 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 aboþta referral agency's response, theassessmentmanager may apply to the tribunal or P&E Courtto withdraw from the upp al.

Current as at 3 July2017 Page 203 Page 204 Curre, as at 3 July2o17

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PlanningAct 2018 PlatiningAct 2016

Chapter 6 Dispute resolution Chapter6Dispute resoWtion

is 230] [s231]

(6) To remove any doubt, it is declared that an appeal against aninfrastructurechargesnoticemust not be about-(a) the adoptedcharge itself; or(b) for a decisionabout an offsetor refund-

(i) the establishment cost of trunk infrastructureidentified in a LGIP:or

(ii) the cost of infrastructuredecidedusing the methodincluded in the local govemment's charges

resolution.

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

the tribunal or P&E Comt, 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 requiredfee.

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

(b) each co-.respondentfor the appeal; and

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

(d) for an appeal about a change application under 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

Currentas at 3 July 2017 Page 205

Atithurisedby the R1ramnemry Colmel

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

(g) for an appeal to a tribunal underanother Act-anyotherperson who the registmr considersappropriate.

(4) The service periodis-(a) if a submitteror advice agency started the appeal in the

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

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-respondentmust state the effect of subsection(6).

(6) A person elects to be a co-respondentby filing a notice ofelection, in the approved form, within 10 business days afterthe noticeofappeal is given to the person.

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

emailing the copy to the chiefexecutive at the email addressstated on thedepartment'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 a[Tected by jurisdictionalerror, the decision

or matter is non-appealable.

(2) TheJudicial Review Act 1991,pmt 5 applies to the decision ormatterto the extent it is affectedby jurisdictionalerror.

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

applicationunder the Judicial Review Act 1991 in relation tothe decisionor matter, may applyunderpart 4 of that Act for a

statementof reasons in relation to the decision or matter.

(4) In this section-decision includes-

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PlanningAct 2016Chapter6 Dispute resolution

[s 2321

(a) conduct engaged in for the purpose of making a

decision;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-appeatable,for a decisionor matter, means the decisionor matter-Ia) 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 ntherwise,whether by the Supreme Court. another court, anytribunalor another entity; and

(c) is not subjectto any declaratory, injunctive or otherorder of the Supreme Court, another coun, 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 person has not compliedwith rulesof the P&E Comt.

Current as e t 3 July2017 Page 207

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PlanningAct 2016 PlanningAct 2016

Schedule1 SchedWe 1

Schedule 1 Appeals

section229

1 Appeal rights and parties to appeals(1) Table 1 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

tii) 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) operationalwork 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

retainingwall, 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 272 Current as al S July 2017

Auinodsedby rhe P.wiamemacycounsel

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

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

(e) a decision for, or a deemed refusal of. an extensionapplicationfor a development approval that is only for a

materialchangeof use of a classilled building; or(f) a decision for. or a deemed refusal of. a change

application for a developmentapprovalthat is only for a

materialchangeofuse of a classifiedbuilding; or(g) a matterunder this Act, to the extentthe matterrelates to

the Building Act, other than a matterunder that Act thatmay or amst be decided by the QueenslandBuildingandConstruction Commission;or

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

or

(ii) under the Plumbingand Drainage Act; or(i') an infrastructurechargesnotice; or

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

(1) a matterprescribed by regulation.

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

(i) a developmentapprovalfor which the development

application required impact assessment;and

(ii) a development approval in relation to which the

assessment manager received a properly madesubmissionfor the developmentapplication;or

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

Currentas at 3 July 2017 Page 273

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PlannmgAct 2016. Planning Act 2016

Schedule 1. Schedule 1

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

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

(6) In each table-(a) column I states the appellantin the appeal; and

(b) column2 states the respondent in the appeal;.and

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

(d) column 4 states the co-respo-ndentsby election (if any)in the appeal.

(7) If the chiefexecutive receives a notice of appeal imder secuon230(3)(f). the chiefexecutive may elect to be a co-respondentin the appeal.

(S) In this section-storey see the BuildingCode.part Al.1.

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

I. Development applications

For a developmentapplication other than a developmentapplication called in by theMinister,an appealmaybe made against-.taj the refusal of all or part of the derclopment appileation; or(h) the deemedrefusal of Ihe developmentapplication;or(c) a provisionof the developmentappmval; or(d) if a developmentpermit was appliedfor-the decision to give a preliminary

approval.

Table1Appears to the P&E Court and, for certainmatters,to a tribunal

Column 1 Column 2 Column 3 Column4

Appellant Respondent Co-respondent Co-respondent

(ifany) by election(ifany)

Theapplicant ']11ea.ssessment

managerIf ihe appeal is abouta concurrencea;|ency'srefermIresponse-lheconcurrenceagency

1 Aconcurrenceagency that isnot a

co-respondent2 If a chosen

assessmentmanagerisiherespondenf-theprescribedassessmentmanager

3 Any eligibleadvice agencyfor theapplication

4 Anyeligiblesubmitter for theapplication

2. Change applicationsFora change applicationotherthana changeapplicationmadeto the P&E Court or calledin by the Minister, an appealmaybe made against-(a) the responsiblo ontity'sdecisionon the changeapplication;or(b) a deemed efusatof the changeopplication.

Page 274 Currentas at 3 July 2017 Currentas a13July 2017 Page 275

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PlanningAct 2016 PlanningAct2016

Schedule1 ScItedule 1

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

Column 1 Column2 Column 3.

Column 4

Appellant Respondent

113eapplicant The responsible

if the entityresponsibleentily is theassessmentmanager-anaffected entitythat gave a

pre-requestnotice orresponse nonce

Co-respondent Co-respondeni

(ifany) by election (ifany)

If an affectedentity 1 A concurrencestarts the agency for theappepl--the developmentapplicant application

2 Ifa chosenassessmentmanageris therespondentwheprescribedassessmentmanager

3 A privatecertifier for thedevelopmentapplication

4 Any eligibleadviceagencyfor the changeapplication

5 Any eligiblesubmitterforthechangeapplication

3. Extension applicationsForan extensionapplication other thanan extensionapplicationcalled in by the Minister,un appeal may be madeagainct-(a s the assessmentmanager's decision on the exiension application;or(h) a deemedrefusalof the extensionapplication.

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

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

(ifanyt byelection (ifany)

I Theapplicant The assessment

2 For a matterotherthan adeemedrefusal

npplication-aconcurrenceagency,otherthan the chiefexecutive,forthe application

[f a concurrence If a chosenagencystarts the assessmentmanagerappeal--the is the

applicant respondent--theprescribedassessmentmanager

4. InfrastructurechargesnoticesAn uppen1 may be iuadeagainst an infrastrucrurecharges notice on I or moreof thefollowinggrounds-(a) the notice involved an errorrelatingto-

(i) the applicationof the relevantadoptedcharge; orExamplesofcrrors in appiyingan udnpfedcharge--

? the incorrect application of gross flooratea for a non-residential development

- applyingan incorrec.t 'use category'. ttnder a regnlation.to the development

(ii) the workingout ofextra demand. forsection 120; or(111)an offsetor refund; or .

(b) therewasnodecisionaboutanoffsetorrefund;or(c) if the infrastructurecharges noticestatesa infund will be given-the timingfor

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

reasonablerelevant local governmentcould have imposedthe amount.

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Planning Act 2016 ?

.PlanningAct 201S

Schedule 1 Schedule 1

Table 1Appeals to the P&E Court anti, for certalnmatters, to a tribunal

Column! Column2 Column3 Collimn4


(if any) by election (ifany)

The person given the The local --.infrastructure governmentthatgavechargesnotice the Infrastructure

chargesnotice

5. Conversionapplications

An appeal maybe madeagainsi-tøj 1he refusalof a conversionapplicationtor(b) a deemedrefusal of a conversionapplication.

Column 1 Column2 Column 3 Column 4

Appellunt Respondent Co-respondent Co-respondent


Thenpplicant Thelocal

- -governmentto whichthe conversionapplientionwasmade

6. Enforcement notices

An appeal may be made againstthe decisionto give an enforcementnotice.

Column I Column2 Column 3 Column4

Appellant Respondent Co-respondent Co.tespondent

(Ifany) by election (ifuny)

The person given the Theenforcementenforcementnotice authotity -. If the enforcement

authority is not thelocal government forthe premisesinrelalion to which Lhc

offence is alleged tohave happened-thelocal government

Table 2Appeals to the P&ECountonly

1.Appealsfromitihunal

An appeal may be made against a decZsionofa tribunal, other thafta decisionundersection252, on the groundof.---

(a) an erroror mistakein law on the part of the tribunal:or(b) jurisdictionalerror.

Column 1 Column 2 Column 3 Column 4

Appellant Respondent Cosespondent Co-respondent

(ifany) by election lifany)

A party to the Theotherparty to the

- -pmceedingsfor the proceedingsfor thedecision decision

2. Eligible submitter appeals

Fora developmentapplication orchangeapplicationother than an applicationdecidedbythe P&E Courtor called in by the Minister.an appeal may be made against the decisionto approve the application. Io the extent the decisiontelatesto-(a) any part of the developmentapplicationor changeapplicarica that required impact

assessment;or(b) a variation request.

Column I Column 2 Columa 3 Column4

Appellant Respondent Co.respondent Co-respondem


1 Fora 1development

applIcation-aneligiblesubmitterforthedevelopment .,application ~

2 Forachangeapplication--aneligiblesubmitterfor the

changeapplication

Fora ^ 1development 2applicationwheassessmentmanagerForachangeapplication-theresponsibleentity

'Ilte applicant Anothereligible

If the appeal is submitter for the

abouta application

concurrenceagency'sreferralresponse-theconcurrenceagency

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Planning Act 2016PlanningAct 2016

Schedute 1i

Table2Appeals to the P&E Court only

3. Eligiblesubmitterand eligibleadvice agency appealsFor a developmentapplicationorchangeapplicationother than an application decidedbythe P&EConn orcalled in by the Minister,an appeaI maybe madeagainst a provisionofthe developmentapproval,or a failmelo include a provision in t!te developmentapproval. to the extent the matterslates to--tar any part of the developmentapplication orchangeapplication that regulred impact

me.ssment; or(b) a variation request

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


1 For a idevelopment

applicaifon-anehgiblesubmitter for thedevelopment 9application -

2 Fora changeapplication---aneligiblesubmillerforihechangeapplication

3 An eligibleadviceagencyfor thedevelopmentapplicationorchangeapplication

Fora Idevelopment

,applicationwheassessinentmanagerFor a changeapplication-there.sponsibleentity

The applicant Anothereligiblel f the appeal is submitterfor the

about a °PP °°concurrenceagency'sre ferral

responsw.høconcurrenceagency

4. CompensallonclaimsAn appeal may be made against-t a) a decision undersection 32 about a compensationclaim; orib) a decision undersection 265 about a claim forcompensation.or(c) a deemedrefusalof a cinimunder paragmph(a) or (b).

Schedule 1

Table 2Appeals to theP&E Court only

Column 1 Column 2 Colunm 3 Column4


rifany) by election (ifany)

A person dissatisfied The local

- -with thu decision government to whichthe claim was made

5. Registeredpremises

An appeal may be madeagainsta decisionof the Ministerunder chapter7. part 4.

Column 1 Column2 Column3 Column 4Appellam Respondent Co-iespondent Co-respondent

(ifany) byelection (ifany)

I A persongiven a 'Die Minister

- Ifan ownerordecision notice occupierstarts theabout the appeal-thecwnerofdecision theregistered

2 If the decision is premises

ton:gisterprenuses orrenew the

registrationofpremises-onowneroroccupierofpremises in theaffected area forthe registeredpremise.s vhoisdissatisfiedwiththedecision

6. Local laws

An appeal may be madeagainsta decisionof a local govertimerit,or condilionsapplied.undera local law about-(a) the use ofpremises.otherthm a use that is the naturalandordinaryconsequenceof

prohibited development: or(b) the erectionofa buildingorotherstructan:-

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Amhoridby tfic ParhamemaryCounst:1Authonsntby ihe PadiomentaryCourul

Planning Act 2016PlanningAct 2016

Schedule1Schedula 1

Table 2Appealsto the P&E Courtonly

Column I Column2 Column3 Column4



A person who- The local

fa) applied for the ß°*"M*"decision;nnd

(b) is dissatisfiedwiththedecisionor conditions.

Table 3Appeals to a tribunalonly

1. Buildingadvisory agency appeals

An appeal ruay be made againstgivinga developmentapproval for buildingwork to theextent the building work required codeossessment against the building assessmemprovisions.

Column 1 Column 2 Column3 Column4

Appellant ReSpondent Co-respondent Co-respondent

(ifuny) byelection (ifany)

A building advisory The assessmentagency for the managerdevelopmentapplicationrelated totheapproval

The applicant i A concurrenceagencyfor thedevelopmentapplicationrelated to theapproval

2 A privatecertifier for thedevelopmentappliemionrelatedto theapproval

Table3Appealsto a tribunalonly

2. InspectionofbuildingworkAn appeal may be made against a deelsion of a buildingcertifieror referral agency aboutthe inspectionofbuilding work that is the subjectof a buildingdevelopment approvatunderthe BuildingAct.

Column I Column2 Column3 Column 4

Appellant Respondent C64espondent Co-mspondent


TTieapplicant for the The person who

- --development made the decisionapproval

3. Certaindecisionstmderthe Building Act and thePlumbingand DrainageActAn appeat maybe made against-(a) a decisionunderthe BuildingAct, other than a decision made by the Queensland

Building and ConstructionCommission, if an information noticeabout the decisionwasgiven or requiredto be givenunderthat Acr;or

(b) a decisionunderthe Plumbing and DminageAct,pari 4 ori ifan informationnoticeabout the decisionwas given or required to be given underthat Act.

Column1 Columo2 Column3 Column4

Appellant Respondent Co«spondent Co-respondent


A personwho The personwhoreceived.or was made the decisionentitledioieceive,aninfonnation noticeaboutthe decision

4. Local govemment failure to decide applicationunder the BuildingActAn appeal may be made againsta local government'sfallute to decidean applicationunder the Building Act within the perioil requiredunder that Act.

Page282 Current as at 3 July2017 Currentas at 3 July 2017 Page 283Authoriwdhy tlte NdiomentaryCbumet Authorisedbythe ParliamcydoryConcel

PlannIngAct 2016

Schedule 1

Table3Appeals to a tribunalonly

Column ] Column 2 Column 3 Column4


(if any) by election(ifany)

A person who was The local

-entitled to receive governmentto whichnotice of the decision the application was

made

Page284 Current as at3 July 2017

AutluimedbyibePar!ismenuryCounsel

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

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