Approval Package

Noosa Council documents




           NOOSA COUNCIL IDAS Development Application Decision Notice                                                                        25




                                                                 Appeal Rights
                                                                 INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

                The following is an extract from the Integrated                           (6) If an application involves assessment against a
                Planning Act (Chapter 4).                                              concurrence agency code, appeal rights for
                                                                                       submitters for the application are not available against
                Division 8 - Appeals to                   court     relating     to    the part of the approval that represents the
                development applications                                               concurrence agency’s response for the code.
                Appeals by applicants                                                  Appeals by advice agency submitters
                4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
                may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
                (a) the refusal, or the refusal in part, of a development              a development approval for a development
                    application;                                                       application if-

                (b) a matter stated in a development approval,                         (a) the development application involves impact
                    including any condition applying to the                                assessment; and
                    development, and the identification of a code                      (b) the advice agency told the applicant and the
                    under section 3.1.6;1                                                  assessment manager to treat its response to the
                (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
                    development permit was applied for;                                   (2) The appeal must be started within 20 business
                (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                                       decision notice is given to the advice agency as a
                (e) a deemed refusal.                                                  submitter.
                   (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
                be started within 20 business days (the “applicant’s                   (co-respondents)
                appeal period”) after the day the decision notice or
                negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                                       development application, a person to whom any of the
                    (3) An appeal under subsection (1)(e) may be                       following notices have been given may appeal to the
                started at any time after the last day a decision on the               court against the decision in the notice-
                matter should have been made.
                                                                                       (a) a notice giving a decision on a request for
                Appeals by submitters                                                      extension of the currency period for an approval;
                4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
                may appeal to the court about-                                             minor change to an approval.
                (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
                    any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
                    provisions of the approval; or                                     to the person.
                (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                                       approval resulted from a development application
                    (2) The appeal must be started within 20 business
                                                                                       (superseded planning scheme) that was assessed as
                days (the “submitters appeal period”) after the day
                                                                                       if it were an application under a superseded planning
                the decision notice or negotiated decision notice is
                                                                                       scheme.
                given to the submitter.
                                                                                          (4) Also, a person who has made a request
                   (3) If a person withdraws a submission before the
                                                                                       mentioned in subsection (1) may appeal to the court
                application is decided, the person may not appeal the
                                                                                       against a deemed refusal of the request.
                decision.
                                                                                          (5) An appeal under subsection (4) may be started
                   (4) If an application involves both impact
                                                                                       at any time after the last day the decision on the
                assessment and code assessment, appeal rights for
                                                                                       matter should have been made.
                submitters are available only for the part of the
                application involving impact assessment.                               Division 9 - Appeals to court about other matters
                    (5) If an application is processed under section                   Appeals for matters arising after approval given
                6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
                application are available only for the aspects of the
                development that would have required public                            4.1.31.(1) A person to whom any of the following
                notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                                       against the decision in the notice-
                1    Section 3.1.6 (Preliminary approval may override local planning   (a) a notice giving a decision on a request to change
                    instrument)                                                            or cancel a condition of a development approval.


           H o:\database\onestop\decision.doc                                                      20/08/04


                                                                                                                        Print Date: 26 February 2020, 3:13 PM