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SUPERSEDED Decision Notice - 010.2007.00001173.001 [As Published] · 142007.1173

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                                             Officer:          Denis Wallace
                                             Direct Telephone: (07) 5449 5179
                                             Response Address: PO Box 141, Tewantin QLD 4565
                                             Email:            [email protected]
                                             Our Reference:    2007/1173
                                             Your Reference:   00753 LO3 HB
1 December 2008

Heritage Jetties Pty Ltd
CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567



Dear Sir/Madam

                                      Decision Notice
                                    Integrated Planning Act 1997

I refer to your application and advise that on 1 December 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                  2007/1173
    Street address:                  172 Gympie Terrace, Noosaville
    Real property description:       Lot 164 CP 907410
    Planning Scheme:                 The Noosa Plan
2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Operational Works – Prescribed Tidal Works - Refurbishment of
         Commercial Boathouse and Jetty/Pontoon

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS

1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are listed in the following table and as
         may be amended by these conditions: -
          Plan         /     Rev.   Plan / Document Name                        Date
          Document No.
          4616-D01           B      Site Plan & General Arrangement –           3 September 2008
                                    Superior Jetties


                                                                                        Page 1 of 13
Full text of the other 12 pages

Page 2

                                                                                     2007/1173



      4616-D03                    Elevation & General Notes – Superior       17 April 2008
                                  Jetties
      Sheet 2 of 7                Floor Plan – Adrian Baker Computer         13 August 2008
                                  Drafting
      Sheet 3 of 7                East Elevation, West Elevation, South      13 August 2008
                                  Elevation & North Elevation – Adrian
                                  Baker Computer Drafting
      Sheet 4 of 7                Section 1 – Adrian Baker Computer          13 August 2008
                                  Drafting
      Sheet 5 of 7                North East & North West – Adrian           13 August 2008
                                  Baker Computer Drafting
      Sheet 6 of 7                South East & South West – Adrian           13 August 2008
                                  Baker Computer Drafting
      Sheet 7 of 7                Site Plan – Adrian Baker Computer          13 August 2008
                                  Drafting

2.    Handrails shall be fitted as per indicated on the approved drawings.
3.    The jetty shall be licensed with the Council upon completion of the structural work and be
      licensed annually thereafter. The licence may limit the number of vessels and their capacity in
      accordance with this approval.
4.    Vessels moored or operating from the structure shall not exceed four (4) vessels with a
      combined capacity of 129 passengers.
5.    A shuttle bus shall operate in association with each business that operates from the site in
      order to bring passengers to and from the site. The shuttle buses shall be parked within the
      lease area when not in use and not otherwise parked in Gympie Terrace or its associated
      parking areas.
6.    Any external Lighting associated with the use shall be designed, installed, operated, and
      maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of
      Outdoor Lighting.
7.    Boat repair activities shall not be conducted from the structure.
8.    The rails to the abandoned slipway structure shall be removed prior to completion of the
      works,
9.    Wastewater and sullage shall only be disposed of at approved pumpout facilities.
10.   The mooring facility shall not be utilised for live-aboard purposes.
11.   Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
      upgrading various infrastructure at the rates applicable at the time of payment. An estimate
      only of the contribution amounts under the current Council policies and requirements is
      outlined in the table below:

       Contribution Required For:                                                   Amount:
       PSP12 – Public Open Space Contributions (Park)                               $42
       PSP16 – Sewerage Headworks Contributions                                     $241
       PSP17 – Water Supply Headworks Contributions                                 $134
       PSP20 – Pathway Trunk Network Contributions                                  $42
       TOTAL Contribution Amount =                                                  $ 459
                                                                                   Page 2 of 13

Page 3

                                                                                      2007/1173




       Please note, that these amounts are all subject to variations in the Consumer Price Index, All
       Groups Brisbane from September 2008 until the date of payment.

      All contributions must be paid prior to the commencement of the use.

      Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
      contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
      full.

      Processing of bonds for security where specific Council approval has been given for the
      bonding of contributions will incur an administration fee in accordance with Council’s Land
      Development Commercial & Regulatory Fees at the time of lodgement.

      In the event that the Development Permit for Material Change of Use of Premises lapses or is
      cancelled, the paid contributions and/or the trading bank guarantee will be returned.
12.   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.
13.   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.
14.   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.
15.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act (EPA)
      1994 and the Environmental Protection (Water) Policy 1997.
16.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangements to ensure adequacy of design and work. Also any
      approval granted does not warrant that such plans and specifications have been checked in
      detail, nor does it absolve the owner of the land from complying with all the conditions of this
      approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or
      statutory regulations in the execution and/or performance of said works. The Council does not
      accept any responsibility for the accuracy of such plans and specifications as approved.
17.   At the completion of the works certification by a Registered Professional Engineer of
      Queensland shall be submitted to Council prior to the return of any bond monies held by
      Council. The certification shall state that the works (boatshed, jetty, gangway, pontoons and
      piles) have been constructed in accordance with best practice methods, are in accordance
      with Coastal Protection and Management Act 1995, are structurally sound and will have no
      detrimental affect on the river bed, river banks or existing revetment walls.
18.   A final inspection and approval of the structure by Council’s Inspector is required prior to the
      return of any bond monies held by Council. Please contact Council’s Land Development
      Section to arrange the inspection.
19.   The Development Permit for Operational Works lapses if the works have not been completed
      by 1 December 2010, unless an application to extend the currency is approved by Council.

5     REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:




                                                                                    Page 3 of 13

Page 4

                                                                                        2007/1173




 Referral Trigger              Referral Status    Referral Agency         Referral Address

 Operational Works that        Concurrence        Queensland              Brisbane        Region
 is  Prescribed   Tidal                           Transport           –   MacArthur Avenue East
 Works                                            Maritime Safety         PINKENBA QLD 4008

 Operational Works that        Concurrence        Environmental           PO      Box       15155
 is  Prescribed   Tidal                           Protection Agency       CITY EAST QLD 4002
 Works

A copy of any referral agency conditions is attached.

6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.       Rev.     Plan / Document Name                       Date
 4616-D01                  B        Site Plan & General Arrangement –          3 September 2008
                                    Superior Jetties
 4616-D03                           Elevation & General Notes – Superior       17 April 2008
                                    Jetties
 Sheet 2 of 7                       Floor Plan – Adrian Baker Computer         13 August 2008
                                    Drafting
 Sheet 3 of 7                       East Elevation, West Elevation, South      13 August 2008
                                    Elevation & North Elevation – Adrian
                                    Baker Computer Drafting
 Sheet 4 of 7                       Section 1 – Adrian Baker Computer          13 August 2008
                                    Drafting
 Sheet 5 of 7                       North East & North West – Adrian           13 August 2008
                                    Baker Computer Drafting
 Sheet 6 of 7                       South East & South West – Adrian           13 August 2008
                                    Baker Computer Drafting
 Sheet 7 of 7                       Site Plan – Adrian Baker Computer          13 August 2008
                                    Drafting

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    The applicant is advised that development contributions and infrastructure charges applicable
      to this development approval have been based on the following Uses Class/ Uses and
      applicable quantities:-

                    Existing Development                            Approved Development
       Existing Use Class /                              Approved Use Class
                                   Existing Quantity                              Approved Quantity
               Use                                             / Use
       Commercial
                                                         Commercial Business
       Business Type 1 -          41m² Use Area                                   55m² Use Area
                                                         Type 1 - Office
       Office

                                                                                      Page 4 of 13

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                                                                                         2007/1173



2.    The applicant is informed that approval of this development application will trigger an
      Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
      Charges Plan for the estimated amount of $2,025 and is subject to variations in the Consumer
      Price Index, All Groups Brisbane from September 2008 until the date of payment. An
      Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
      Planning Act 1997.
3.    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.
4.    Should any changes or modifications to the approved plans be required as a result of
      construction constraints, a Change to an Existing Approval Application under the Integrated
      Planning Act must be made. Amended plans clearly indicating the changes must be lodged
      with this application along with the appropriate fees.
5.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
      Local Law No. 12, prevents a builder or building contractor carrying out building work on a
      building site in a way that makes or causes audible noise to be made from the building work:-
      5.1.   On a Sunday or public holiday, at any time; or
      5.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
      A maximum penalty of $1,500 applies to an offence under this legislation.
6.    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 prior to
      commencement of work. Rely
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not applicable
9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable




                                                                                      Page 5 of 13

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                                                                                     2007/1173



10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES

Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable
14     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully,



Kerri Coyle
MANAGER – LAND USE




                                                                                   Page 6 of 13

Page 7

                                        2007/1173



Referral Agency Conditions –
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                      Page 7 of 13

Page 8

  2007/1173




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2007/1173

6. You must adequate! y light the structuro. The contractor must position all lighting so it does not
omise a righ to the 6 tf navigation of other vessels, Any freestanding piles must have reiro-
refleative tape fitter.

7, You, or your agent must remove ary obstructions and debris encountered during construction
and demolition, ani dispase of them, as the Harbour Master requires.

3, You, or your agen , must extract all wharf piles.

9. The tidal works 7 ust not impade or restrict the operations of neighbouring properties, joases or
facilities.

10, Any ships and eq aipment you or your agent Use tnust comply with the Transport Operations
(Morine Safety) viet 1994, the Transport Operations (Marine Safety) Regulation 2004 aud the
Transport Operations (Marine Pollution) Act 1995.

il. Any ships using this fanility must comply with the Transport Operations (Marine Safety) Act
1994 and the Tr misport Oparations (Marine Safety) Regulation 2004,

12. The contractor roust complete construction and demotition within two years from the date of
approval. If ¢o. istruction and demolition js not comploted, you will need additional or amended
cormnents from the Regional Harbour Master.

Maritine Safety Qu sonsland does not need to be further consulted if alk of the above conditions are
met.

Tho above conditicns must be included in your application to the assessment mavager,

since!
—

W :
a
tain Richard 1 Johason
ional Haxbo ar Master (Brisbane)

Mar
rio Safety Queer Mand

Page 8 of 13

Page 9

Referral Agency Conditions                           –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                      Page 9 of 13

Page 10

   2007/1173




Page 10 of 13


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2007/1173

 

ecoaccess

environmental kcences and permis
Response
Concurrence Agency Response

Conditions:

Agency Interest: Coastal Protection and Management Act 1995

1

The works must be undertaken tn accordance with the plans listed below

2 The disturbance to the bed and banks of the waterway ts to be kept to a mintmum
3 Any material or debris that falls or ts deposited on tidal lands during the works must be removed at the
applicant's cost and expense prior to the practical completion of the works
4 No CCA treated timber is to be used until external surfaces are dry from the CCA treatment process
All treated timber is to be sawn or drilled over a catchment sheet and all offcuts are be disposed of to
an approved landfill site
5 All appropriate measures must be taken to prevent the pollution of tidal waters as a result of silt runoff,
oil and grease spills from machinery, concrete truck washout and alike Concrete agitator wash out
must only be conducted in a specified area to facilitate the removal of waste concrete from the area to
landfill Wastewater from cleaning equipment shall not discharge directly or in-directly to any
watercourse or stormwater system
Plans:
Drawing Numbers
4616-D01 Revision B, prepared by Superior Jetties dated 3 September 2008
4616-D02 prepared by Superior Jettres dated 17 April 2008
4616-D03 prepared by Superior Jetties dated 17 April 2008
4616-D04 prepared by Superior Jetties dated 1 July 2008
4616-D05 prepared by Superior Jetties dated 1 July 2008
4616-D06 prepared by Superior Jetties dated 1 July 2008
Certification Form 15 — SCG Consulting Engineers dated 16 September 2008
18259-S1 prepared by SCG Consulting Engineers dated AUG 2008
18259-S2 prepared by SCG Consulting Engineers dated AUG 2008
0808S Sheet 1 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 2 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 3 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 4 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 5 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 6 of 7 prepared by Adrian Baker dated 13 August 2008
0808S Sheet 7 of 7 prepared by Adrian Baker dated 13 August 2008

Reasons for the inclusion of development conditions

In accordance with Section 3 3 18(7) of the Integrated Planning Act 1997 and Section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are

The Environmental Protection Agency ts recognised as a concurrence agency under the Integrated
Planning Amendment Regulation (No 1) 1998 for coastal management, other than amenity and aesthetic
significance or value Development conditions placed on the development approval for the application are
in accordance with section 106 of the Coastal Protection and Management Act 1995

 

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   2007/1173




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2007/1173

 

ecoaccess

environmental bcences and permits
Response

Concurrence Agency Response

 

Additional information for applicants

This response does not authorise environmental harm unless a concurrence agency condition within this
response explicitly authorises that harm Where there ts no condition, or the development approval is silent
on a matter, the lack of a condition or silence shall not be construed as authorising harm

It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site
becomes aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994)
ts being carned out on this land or that the land has been affected by a hazardous contaminant, they must,
within twenty two (22) business days after becoming aware the activity is being carried out, give notice to the
Environmental Protection Agency A list of Notifiable Activities is provided within Schedule 2 of the
Environmental Protection Act 1994

This concurrence response pursuant to the Integrated Planning Act 1997 and assessed against section 104
of the Coastal Protection and Management Act 1995 does not remove the need to obtain any further
approvals for this development which may be required pursuant to this or other legislation, both State and
Commonwealth Applicants are advised to check with all relevant statutory authorities for such approvals as
may be required

Additional information for the Assessment Manager:

The Environmental Protection Agency referral agency jurisdiction for the development application ts confined
to that aspect of the application involving the triggers identified in the response EPA has no referral
agency jurisdiction in relation to other aspects of the development application.

In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a
state planning policy The assessment manager Is required to give due consideration to the relevant State
planning policies when deciding the application

Should you have any queries in relation to this Response, please contact lan Biggs, the Project Manager, on the
telephone listed below

Yours sincerely

Be) ae

 

‘Signature Decision Date
Ben Sale Enquiries:
Manager (Sunshine Coast Office) Environmental Services
Brisbane North Region Environmental Protection Agency
Environmental Services GPO Box 2771 Brisbane Qld 4001
Environmental Protection Agency Telephone 3225 1209

Facsimile 3225 8723

 

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Page 12

                                                                                                      2007/1173



                                                     Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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
Division 8 - Appeals to court relating to                      for the application are not available against the part of
development applications                                       the approval that represents the 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
may appeal to the court against any of the following-          4.1.29.(1) An advice agency may, within the limits of
                                                               its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development      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
      under section 3.1.6;1                                    (b) the advice agency told the applicant and the
                                                                   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
(e) a deemed refusal.                                          decision notice is given to the advice agency as a
    (2) An appeal under subsection (1)(a) to (d) must          submitter.
be started within 20 business days (the “applicant’s           Appeals for matters arising after approval given
appeal period”) after the day the decision notice or           (co-respondents)
negotiated decision notice is given to the applicant.          4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be               development application, a person to whom any of the
started at any time after the last day a decision on the       following notices have been given may appeal to the
matter should have been made.                                  court against the decision in the notice-
Appeals by submitters                                          (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application               extension of the currency period for an approval;
may appeal to the court about-                                 (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including                minor change to an approval.
      any conditions (or lack of conditions) or other              (2) The appeal must be started within 20 business
      provisions of the approval; or                           days after the day the notice of the decision is given to
(b) the length of a currency period for the approval.          the person.
    (2) The appeal must be started within 20 business                (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day            approval resulted from a development application
the decision notice or negotiated decision notice is           (superseded planning scheme) that was assessed as
given to the submitter.                                        if it were an application under a superseded planning
                                                               scheme.
    (3) If a person withdraws a submission before the
application is decided, the person may not appeal the             (4) Also, a person who has made a request
decision.                                                      mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
    (4) If an application involves both impact
assessment and code assessment, appeal rights for                 (5) An appeal under subsection (4) may be started
submitters are available only for the part of the              at any time after the last day the decision on the
application involving impact assessment.                       matter should have been made.
    (5) If an application is processed under section           Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the                Appeals for matters arising after approval given
application are available only for the aspects of the          (no co-respondents)
development that would have required public
notification under the repealed Act.                           4.1.31.(1) A person to whom any of the following
                                                               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)
                                                                                                  Page 12 of 13

Page 13

                                                                                                   2007/1173

(b) a notice under section 6.1.442 giving a decision to     (d) the length of a period mentioned in section 3.5.21
    change or cancel a condition of a development                 currency period;
    approval.                                               (e) a deemed refusal.
    (2) The appeal must be started within 20                    (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
                                                            For Infrastructure Charges Only
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
(b) a deemed refusal of the application.                    charges notice.
    (2) An appeal under subsection (1)(a) must be           (2) The person may appeal to the court against the
started within 20 business days after the day notice of     notice.
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
    (3) An appeal under subsection (1)(b) may be            days after-
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
Appeals against local laws                                       applicant is given notice of the decision about the
                                                                 approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions            (b)    otherwise-the day the notice is given to the
applied under a local law about the use of premises or             person.
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                  unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business            government, State infrastructure provider or
days after the day notice of the decision is given to the        coordinating agency could have imposed it; or
applicant.                                                  (b) an error in the calculation of the charge.
For Building Works Only                                     (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the          appeal under this section can not be about the
Integrated Planning Act 1997 as follows:                    methodology used to establish the charge in the
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
                                                            State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
    application;
(b) a matter stated in a development approval,
    including any condition applying to the
    development, and the identification of a code
    under section 3.1.6;3
(c) the decision to give a preliminary approval when a
    development permit was applied for;


2
   Section 6.1.44 (Conditions may be changed or
  cancelled by assessment manager or concurrence
  agency in certain circumstances)
3
   Section 3.1.6 (Preliminary approval may override
  local planning instrument)
                                                                                               Page 13 of 13

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Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.