Decision Notice - 010.2007.00000742.001 [As Published] · 132007.742

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                2 of 11

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Building                     All Building Work

 Development Permit for Operational Works            Landscaping, access and/or carparking, site civil works,
                                                     roadworks, stormwater drainage and erosion & sediment
                                                     control

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                               Date:       14/12/07




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                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


Land Use
1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are:-

       1.1.   Vegetation Management Plan 01 50645 Dwg 1 Issue SK, Vegetation Management Plan 02 50645
              Dwg 2 Issue SK and Vegetation Management Plan 03 50645 Dwg 3 Issue SK dated April 2007
              prepared by Terrain Consultants;

       1.2.   Arborist Report of Significant Trees Rev B dated October 2007 prepared by Terrain Consultants;

       1.3.   Site Plan SD01 Rev 3 dated 21 September 2007, Rendered Site Plan SD02 Rev 2 dated 6
              November 2007 and Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared
              by Gall & Medek;

       1.4.   Shared Facilities Plan SD10 Rev C dated 10 October 2007, Gym/Multi Purpose Floor Plan SD11
              Rev 2 dated 6 November 2007 and Gym/Multi Purpose North Elevation/Section SD12 Rev 2 dated
              6 November 2007, Shared Facilities SD13 Rev 1 dated 18 April 2007 prepared by Gall & Medek;

       1.5.   Retreat Type A - Floor Plan SD20 Rev 1, Roof Plan SD21 Rev 1, Side Elevation SD22 Rev 1, End
              (Entry) Elevation SD23 Rev 1 dated 18 April 2007 prepared by Gall & Medek;

       1.6.   Retreat Type B - Floor Plan SD24 Rev 1, Roof Plan SD25 Rev 1, Side Elevation SD26 Rev 1,
              Section SD27 Rev 1 dated 18 April 2007 prepared by Gall & Medek;

       1.7.   Retreat Type C - Floor Plan SD28 Rev 1, Roof Plan SD29 Rev 1, End Elevation SD30 Rev 1, Side
              Elevation SD31 Rev 1 dated 18 April 2007 prepared by Gall & Medek;

       1.8.   Retreat Type D - Floor Plan SD32 Rev 1, Roof Plan SD33 Rev 1, Side Elevation SD34 Rev 1 dated
              18 April 2007 prepared by Gall & Medek;

       1.9.   Retreat Type E - Floor Plan SD35 Rev 2, Roof Plan SD36 Rev 2, Side Elevation SD37 Rev 2 and
              End Elevation SD38 Rev 2 dated 18 April 2007 prepared by Gall & Medek;

       and as may be amended by these conditions and notations on the approved plans.

2.     The future car parking areas identified on the approved plans are not subject to this approval.

3.     All vegetation shall be retained, and the landscape rehabilitated and restored in accordance with
       approved Conservation Precinct and Ecological Restoration Technical Reports pursuant to the Noosa
       North Shore Eco-Tourism Portal Development Code, and include at a minimum:-

       3.1.   The retention of significant trees and the rehabilitation and restoration of the landscape within the
              Construction Access Zone as identified by the Arborist Report of Significant Trees Rev B dated
              October 2007 prepared by Terrain Consultants and shown on Vegetation Management Plan 01
              50645 Dwg 1 Issue SK, Vegetation Management Plan 02 50645 Dwg 2 Issue SK and Vegetation
              Management Plan 03 50645 Dwg 3 Issue SK dated April 2007 prepared by Terrain Consultants.
              Particular emphasis should be placed on the rehabilitation and restoration of the landscape
              between Guest Lodges No. 2-6 located adjacent to the Ancillary Facilities due to lack of vegetation
              in this location;

       3.2.   The retention of all vegetation and the rehabilitation and restoration of the landscape outside of the
              Construction Access Zone as shown on Construction Access Zone Plan SD03 Rev 5 dated 16
              October 2007 prepared by Gall & Medek; and

       3.3.   The retention of all vegetation and the rehabilitation and restoration of the landscape within the 20
              metre Landscape Buffer Zones and 20 metre Fire Buffer Zones within the site in accordance with
              the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code, excluding
              any vegetation permitted for removal in accordance with Condition 4.2.




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       Details of vegetation to be retained and the landscape rehabilitation and restoration works shall be
       detailed in an application for Operational Works – Landscaping (Rehabilitation and Restoration).
4.     Clearing of vegetation shall be in accordance with an Environmental Management Plan and Fire
       Management Technical Report pursuant to the Noosa North Shore Eco-Tourism Portal Development
       Code and may include:-

       4.1.   the clearing of vegetation other than significant trees within the Construction Access Zones as
              identified by the Construction Access Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by
              Gall & Medek;

       4.2.   the clearing of significant trees as identified by the Vegetation Management Plan 03 50645 Dwg 3
              Issue SK dated April 2007 prepared by Terrain Consultants; and

       4.3.   the clearing of understorey vegetation, selective clearing of dead trees and a 5m wide cleared fire
              trail, with passing bays in the Fire Buffer Zone as identified on the Vegetation Management Plan 01
              50645 Dwg 1 Issue SK and Vegetation Management Plan 02 50645 Dwg 2 Issue SK dated April
              2007, prepared by Terrain Consultants and Fire Management Technical Report.

5.     Prior to the commencement of any works, access exclusion fences or similar protective measures shall be
       erected around the perimeter of the Construction Access Zones as identified on the Construction Access
       Zone Plan SD03 Rev 5 dated 16 October 2007 prepared by Gall & Madek and Conservation Precinct in
       accordance with the Structure Plan of the Noosa North Shore Eco Tourism Portal Development Code.

6.     Guest Lodges shall not be fully self-contained in accordance with the use definition under the Noosa
       North Shore Eco-Tourism Portal Development Code.

7.     The Guest Lodges shall be for visitor accommodation only, with no person permitted to occupy the Guest
       Lodges for more than 12 weeks in any one year in accordance with the Noosa North Eco-Tourism Portal
       Development Code.

8.     The Community Management Statement shall include provisions making specific reference to this
       approval and in particular the permitted use of the Guest Lodges; and the measures contained in
       approved Technical Reports and Environmental Management Plan that manage the potential threat of
       bushfire; maintain sewer and water infrastructure; and ensure the protection of the environmental values
       of the site.

9.     A verification survey of Guest Lodges and Ancillary Facilities is to be carried out by a Licensed Surveyor
       and a certificate lodged with Council at completion of work confirming compliance with the maximum
       allowable building height of one storey and 6 metres above natural and finished ground levels (Guest
       Lodges) and one storey and 8 metres, provided that roof pitches or curves may extend to 9 metres above
       natural and finished ground level for Ancillary Facilities.

10.    Advertising signage shall be designed and sited in accordance with the Noosa North Shore Eco-Tourism
       Portal Development Code. Plans of the proposed advertising signage shall be submitted with an
       application for Operational Works.

11.    Plantation timbers shall be used in all buildings in accordance with Overall Outcome OO8b), with all
       external colours to be muted earth tones drawn from the natural setting of the site pursuant to Overall
       Outcome OO5c) of the Noosa North Shore Eco-Tourism Portal Development Code.

12.    All Guest Lodges and Ancillary Facilities shall incorporate water sensitive design including consistency
       with AS1547:2000 Appendix 4.2D and Overall Outcome 008c) of the Noosa North Shore Eco-Tourism
       Portal Development Code.

13.    Renewable resources and low energy consumption principles shall provide a minimum of 50% of the 21
       Guest Lodges, power, cooking and heating needs in accordance with Overall Outcome OO8d) of the
       Noosa North Shore Eco-Tourism Portal Development Code.

14.    All open windows of the 21 Guest Lodges shall be screened to reduce the impact of biting insects in
       accordance with Overall Outcome OO8f) of the Noosa North Shore Eco-Tourism Portal Development
       Code.

15.    A minimum of one Guest Lodge shall have full wheelchair access in accordance with Overall Outcome
       OO9b) of the Noosa North Shore Eco-Tourism Portal Development Code.




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16.    A minimum of one covered parking space shall be provided for each Guest Lodge in accordance with
       Overall Outcome OO12a)ii) of the Noosa North Shore Eco-Tourism Portal Development Code.

17.    A network of pedestrian and bikeways shall be provided in accordance with Overall Outcome OO13a) of
       the Noosa North Shore Eco-Tourism Portal Development Code. A plan of this network shall be submitted
       for assessment with an application for Operational Works.

18.    A minimum of 20 bicycles shall be made available for development in the West Development Zone in
       accordance with Overall Outcome OO13b) of the Noosa North Shore Eco-Tourism Portal Development
       Code.

19.    Shower facilities shall be made available within the Ancillary Facilities in the West Development Zone in
       accordance with Overall Outcome OO13c) of the Noosa North Shore Eco-Tourism Portal Development
       Code.

20.    A fully accessible shuttle facility operating as a free service available to the general public and servicing
       the development on Lot 2 RP 135678 and the Eco-cabins, Village Green Recreation Centre in the East
       Development Zone and Guest Lodges and Ancillary Facilities in the West Development Zone shall be
       provided in accordance with Overall Outcome OO13d) of the Noosa North Shore Eco-Tourism Portal
       Development Code. A timetable for the shuttle bus servicing the West Development Zone shall be
       provided with the application for Operational Works.

21.    Apart from emergency or service vehicles, there shall be no access to the Conservation Precinct from the
       West Development, pursuant to the Noosa North Shore Eco-Tourism Portal Development Code.

22.    The requirements of this development approval are to be effected, prior to the use of the premises.
       Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
       compliance with conditions.

23.    Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted,
       to secure performance of all conditions of this approval, prior to the issue of a Development Permit for
       Operational Works. The cash bond or trading bank guarantee will be returned on performance of the
       conditions of approval less any costs incurred by Council in respect of enforcing performance of this
       permit.

24.    The Development Permit for a Material Change of Use of premises lapses if the use has not happened by
       13 December 2011, unless an application to extend the currency is approved by Council.

25.    The developer must obtain all of the other Development Permits referred to in the Decision Notice, prior to
       obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
26.    A vehicular access driveway to serve the development shall be constructed from the Beach Road frontage
       of the site with a maximum width of 6.0m.

27.    Vehicle access to the development shall be undertaken in accordance with the Specific Outcome SO2 of
       the Noosa North Shore Eco-Tourism Portal Development Code with plans demonstrating this to be
       submitted to Council as part of any application for Operational Works approval.

28.    The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
       vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
       without any step or level difference. Should any driveways be constructed to grades that do not comply
       with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
       that do comply.
       Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
       footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
29.    To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
       driveway and any associated fencing or vegetation near the driveway shall comply with the minimum sight
       line requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
       illustrating these sight lines on the plans submitted for both Operational Works approval and Building
       Works approval.




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30.    The internal access road and other lesser driveways shall be designed and constructed to alignments that
       protect existing vegetation where practicable and with suitable minimum widths and passing opportunities
       where necessary. The alignment and widths of the internal access road and lesser driveways shall be
       clearly shown on plans submitted for Operational Works approval.

31.    Should any clearing be required for the construction of the internal driveways the trees to be removed
       shall be clearly marked on site and a joint inspection undertaken with Council Officer prior to the
       commencement of any clearing works.

32.    All vehicles shall enter and leave the site in a forward direction.
Car Parking
33.    Carparking shall be provided within the site generally as shown on drawing number SD01 Rev 3 dated 21
       September 2007 by Gall & Medek, except as modified herein.

34.    A minimum of 21 covered carpark spaces shall be provided on site, including one clearly defined disabled
       carpark space.

35.    The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
       class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
       head clearance (headroom) at any point of 2.2m.

36.    Turning areas shall be provided within the internal driveways or adjacent to the “retreat” buildings to
       enable vehicles to exit the “retreat” buildings in a forward gear. The extent of the turning area shall be
       clearly shown on any plans submitted for Operational Works approval.

37.    All carparking shall be kept, maintained and line-marked in a condition fit for use.
Stormwater Management
38.    The applicant shall use permeable surfaces for low turnover parking areas, low use access ways and
       shall investigate the possibility of reducing impermeable surfaces throughout the Stage in accordance
       with OO11b).

39.    Detailed drawings shall be submitted with the Operational Works Application demonstrating that the
       access ways, driveways and parking surfaces are designed to maintain existing drainage patterns and
       avoid concentrating stormwater flows.
Easement
40.    A registered easement for access in favour of Council shall be created over those sections of public
       pathway that stand within the subject site. The easement shall be centrally located over the pathway with
       a minimum width of 2.5m. The terms of the easement shall include that it is the responsibility of the
       owners of the property to maintain the pathway in such a manner to ensure it is safe for public access.
Sewer Infrastructure
41.    The internal sewerage reticulation system, including pump stations shall be constructed to the Standards
       and Requirements as detailed in the Plumbing and Drainage Act 2002.

42.    The internal sewerage reticulation system shall be designated as “private sewers” with all operations and
       maintenance requirements the responsibility of the property owner/body corporate.

43.    Sewer house connection drains shall be located within the disturbance area for the driveway if practicable.

44.    Occupation of the “retreat” buildings and/or any other building shall not commence until such time as the
       sewerage system is fully operational and connected to a permanent sewerage treatment facility and
       disposal area as approved by the EPA.
Water Supply
45.    Water supply infrastructure for the development shall be designed to ensure consistency with OO8c),
       OO15, Section 6.4 and Schedule F – 9.6.10 of the NNSETP Code.
Roadworks Contributions (Local Road Network)
46.    A roadworks contribution of $14,811 towards the upgrading of Moorindil Street shall be paid to the Council
       prior to the commencement of the use of Stage Two. This amount will be subject to variations in the
       Consumer Price Index, All Groups Brisbane from September 2007 until the date of payment. The money
       will be used to assist Council with the cost of roundabout improvements along Moorindil Street.




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Erosion and Sediment Control
47.    Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
       control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
       waste, will be necessary.
     In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
     to the Council for approval prior to obtaining a Development Permit for Operational Works.
Management Plans
48.    The applicant shall submit reports for the relevant stage in accordance with the Environmental
       Management Strategy as outlined in Section 6 of the NNSETP Code, unless previously approved by
       Council for all stages. These reports shall be submitted for approval in conjunction with Operational
       Works application for the relevant stage.

49.    A Construction Management Plan addressing all construction phases of the relevant stage shall be
       prepared by a suitably qualified person and submitted to Council for approval prior to obtaining a
       Development Permit for Operational Works. The plan should aim to address every foreseeable problem
       eg: movements of excavation and construction machinery, building material deliveries, stockpiling of
       materials etc that is likely to occur during the construction process of the relevant stage and include
       recommendations on how these can be overcome or minimised.
General
50.    Digital detailed designs including drawings, calculations, etc shall be submitted with any application for a
       Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The
       design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
       Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
       existing and proposed services required by the development shall be shown on the plans.

51.    Any damage caused to any public utility during the course of construction shall be repaired to Council’s
       standards and at no cost to Council.

52.    Any alteration of any public utility or other facilities necessitated by the development of the land or
       associated construction works external to the site shall be at no cost to Council.

53.    The transportation of all materials to and from the site shall be undertaken in a manner such that no
       particle matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
       be covered to prevent materials including dust being windblown from the vehicle.
Environmental Health
54.    Potable drinking water to all sinks, taps and showers is to meet the Australian Drinking Water Standards.

55.    Water must be treated to a potable standard and analysed by an approved lab for bacterial quality as
       directed by Noosa Council.

56.    The developer must provide waste storage and disposal facilities at this development in accordance with
       Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial
       Premises”, including an external imperviously paved area correctly sized for all refuse and recycling
       containers and suitably screened from public places and neighbouring properties. A wash down are is
       required with a cold-water tap, hose and drain outlet connected to septic system or approved absorption
       trench. The drain outlet is to be designed to prevent stormwater entry to the absorption trench.

57.    Refuse containers must be provided for premises and the recreation/BBQ area in accordance with the
       requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
       Regulation 2000, for the storage and collection of refuse.

58.    The development must allow refuse-loading areas to be located off street. All vehicles associated with the
       collection of waste/recyclables, shall enter and leave the site in a forward direction.

59.    A Waste Management Plan (Operational) in accordance with the Noosa North Shore Eco-Tourism Portal
       Development, must be submitted for the day-to-day operations and approved by Council’s Environmental
       Health Section prior to issue of development permit for operational works.

60.    A Waste Management Plan (Demolition/Construction) in accordance with the Noosa North Shore Eco-
       Tourism Portal Development Code, shall be submitted for the demolition and construction phases of the
       development and approved by Council’s Environmental Health Section prior to the issue of the
       development permit for operational works.




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61.    Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
       shall comply with the following requirements:
       The equipment shall be installed and located in a manner that prevents excessive noise in accordance
       with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-spot fines) may
       apply for offences.
       A person must not use equipment on any day if it makes or causes noise to be made –
       From 10pm to 7am: More than the lower of either –
             40 dB(A)

             3 dB(A) above the background noise level

             No audible noise for pool pumps apply during these hours.
               From 7am to 7pm: More than the lower of either –
             50 dB(A)

             5 dB(A) above the background noise level
       From 7pm to 10pm: More than 3 dB(A) above the background noise level.
62.    Noise from building works associated with residential development shall comply with the following –

       62.1.   Limited to between 7:00am to 6:30pm Monday to Saturday.

       62.2.   All reasonable measures are taken to minimise noise emissions.

       62.3.   Not permitted on Sunday or public holidays.




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                                     Local Laws, Policies & State
                                     Regulation Requirements
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.      The applicant is informed that payment via credit card transaction will not be an acceptable method of
        payment for development contributions conditioned in this permit or for infrastructure charge notices
        issued separately.

2.      The applicant is advised that a Compliance Permit for all potable water supply, recycled water, plumbing
        and drainage works within the boundaries of the development site shall be obtained from Council’s
        Plumbing Services Section prior to obtaining a Development Permit for Building Works. Separate water
        supply and sewerage hydraulic drawings shall be submitted detailing all internal plumbing installations for
        water and sewer house drainage for approval, as part of the building application process, and in
        accordance with the Plumbing and Drainage Act 2002.

3.      Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
        operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
        accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
        Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
        requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
        works must be submitted to Council with the lodgement of any application for operational works over the
        site.

4.      The plans for the proposed building work have not been assessed for compliance with the requirements of
        the Building Code of Australia as they relate to people with disabilities. Your attention is drawn to the
        matter that either or both the Disability Discrimination Act 1992 (commonwealth) and the Anti-
        Discrimination Act 1991(Queensland) may impact on the proposed building work.
        Noosa Council recommends that the following matters be considered to address equitable access and
        facilities in the building:-
        a.     The building and environs should be designed to meet the requirements of the Human Rights and
               Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS1428.2;

        b.     Applicants should be aware that a “Disability Standard on Access to Premises is being developed
               and most likely will result in changes to the Building Code of Australia;

        c.     Any services and facilities in the building complex must allow independent, dignified and equitable
               use of the services and facilities for all people.

5.      This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
        the building certifiers responsibility to assess the requirements for fire services, fire separation and
        appropriate methods of construction as part of the building works approval process. Referral to the
        Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.

6.      Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
        and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
        pool enclosure is not permitted.

7.      The development should be undertaken and operated in a manner that causes no detrimental effect upon
        the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
        hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance
        with the nuisance provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No.
        12 – Control of Nuisances.

8.      In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
        concrete, builder’s waste or rubbish should not be permitted to enter or be placed where it could
        reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot
        fines apply for such offences.




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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to
                                                                          against 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    a development approval for a development
       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
                            1
       under section 3.1.6;                                                   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
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               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
       (2) The appeal must be started within 20 business                  approval resulted from a development application
                                                                          (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
      (4) If an application involves both impact
                                                                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for
                                                                          the 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-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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NOOSA COUNCIL IDAS Development Application Decision Notice                                             11 of 11

                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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