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MCU Decision Notice

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                                                   Officer:                   :Glen Conforti
                                                   Direct Telephone:           07 53296241
                                                   OurReference:              :MCU16/0043
                                                   Your Reference:            :15022

26 August 2016


PJ McCarthy
C/- Adamson Town Planning
PO Box 78
PEREGIAN BEACH QLD 4573


Dear Sir/Madam

                                     Decision Notice
                               Sustainable Planning Act 2009
I refer to your application and advise that on 26 August 2016, Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1.    APPLICATION DETAILS

Application No:                 MCU16/0043
Street Address:                 12 Opal St COOROY QLD 4563
Real Property Description:      Lot 7 RP 82318
Planning Scheme:                The Noosa Plan (16 September 2013)

2.    DECISION DETAILS

The following type of approval has been issued:

•     Development Permit for Material Change of Use of Premises - Multiple Housing Type 4
      Conventional (4 x 2 bedroom units)

3.    RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.

4.    ASSESSMENT MANAGER CONDITIONS

PLANNING
      When Conditions must be Complied With
1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
      to the use commencing, and then compliance maintained at all times while the use
      continues.


                              PO Box 141          P. (07) 5329 6500    [email protected]
                              TEWANTIN QLD 4565   F. (07) 5329 6501    www.noosa.qld.gov.au
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                                                                                   MCU16/0043


     Approved Plans
2.   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
     unless otherwise amended by these conditions.
      Plan No.            Rev.   Plan/Document Name                             Date
      Sheet 4 of 8        6      Site Plan (Stage 1), prepared by 02/05/2016
                                 PJMMCCARTHY          Commercial and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 5 of 8        6      Site Plan (Stage 2), prepared by
                                 PJMMCCARTHY          Commercial and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 6 of 8        6      Floor Plan (Stage 1), prepared by
                                 PJMMCCARTHY          Commercial and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 7 of 8        6      Floor Plan (Stage 2), prepared by
                                 PJMMCCARTHY          Commercial and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 8 of 8        6      Elevations   A     &    B, prepared  by
                                 PJMMCCARTHY            Commercial   and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 9 of 8        6      Elevations C &          D, prepared by
                                 PJMMCCARTHY            Commercial   and
                                 Residential Builders
                                                                                02/05/2016
      Sheet 18 of 8       6      Perspectives,          prepared           by
                                 PJMMCCARTHY            Commercial        and
                                 Residential Builders

      0801516-SK-         B      Vehicle Swept Paths, prepared              by 20/06/16
      0002                       McMurtrie Consulting Engineers

     Building Height
3.   The maximum height of the development must not exceed 8 metres above the finished
     ground level and the natural ground level.
     Performance Bond
4.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
     be submitted to Council, to secure performance of all conditions of this approval, prior to
     the issue of a Development Permit for Operational Works prior to pre-start meeting. 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. Council reserves the right to call upon the bond or guaranteed sum to effect
     compliance with conditions.




                                                                                Page 2 of 12

Page 3

                                                                                   MCU16/0043


      Street Identification
5.    The street address of the development must be clearly visible and discernible from the
      primary frontage of the site by the provision of a street number and, where appropriate,
      the building name.
      Water & Sewer Connections
6.    An underground connection to reticulated water and sewerage must be provided to each
      lot in accordance with the standards and requirements of Northern SEQ Distributor–
      Retailer Authority (Unitywater).
7.    A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
      (Unitywater) must be submitted to Council that certifies an underground connection to
      reticulated water and sewerage has been provided to each lot.
      Staging
8.    The development may be constructed in 2 stages in accordance with the approved plans.
      Sunset Clause for Completion of Approved Development
9.    Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
      development approval lapses if the whole of the approved use has not happened within 6
      years of this development approval taking effect.
      Building Appearance
10.   All air conditioning units or other mechanical equipment must be fully enclosed or
      screened such that they are not visible from the street frontages or adjoining properties.
      Fencing and Walls
11.   Any street fencing must be set back an average of 1 metre from the front property
      boundary. Any fencing on the front boundary must either:
      a.   not exceed a maximum height of 1.2m
      a.   be of open construction.
12.   The area of land between the fence and the front property boundary must be densely
      landscaped to screen any fencing from the street.
      Clothes Drying Areas
13.   Each dwelling unit must be provided with access to an outdoor clothes line which is
      screened from public view.
      Community Management Statement
14.   Any proposed Community Management Statement required for the development pursuant
      to the Body Corporate and Community Management Act 1997 must be submitted to
      Council for endorsement at the same time as submission of the Building Format Plan (or
      similar) to Council for compliance assessment.
15.   All clauses and by-laws of the proposed Community Management Statement must accord
      with the requirements of this Decision Notice.




                                                                                Page 3 of 12

Page 4

                                                                                   MCU16/0043


      ENGINEERING
      External Works
      Stage 1
16.   Opal Lane must be upgraded for the length of its frontage to the subject site. The works
      must be undertaken in accordance with an Operational Works approval and must include
      in particular:
      a.   kerb and channel on the northern side of Opal Lane and a 3 metre wide
           carriageway. The alignment of the kerb and channel must be an extension of the
           existing kerb and channel to the east of the subject site
      b.   stormwater runoff from the new carriageway must be controlled and discharged
           without adversely affecting any private properties
      c.   all associated and ancillary work including pavement correction to the existing
           pavement, drainage works, scour protection and adjustments to the existing
           infrastructure must be undertaken to complete the roadworks.
      In this regard, specifications and plans detailing this work must be prepared in accordance
      with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
      Drainage and Earthworks.
      Stage 2
17.   Opal Street must be upgraded for the length of its frontage to the subject site. The works
      must be undertaken in accordance with an Operational Works approval and must include
      in particular:
      a.   kerb and channel on an alignment that is an extension of the existing kerb and
           channel to the west of the subject site
      b.   widening and sealing of the existing road pavement
      c.   any necessary adjustments or modifications to the existing surface and piped
           stormwater drainage systems in Opal Street
      d.   removal of the existing property access and reinstatement of the verge area to
           match the balance of the site frontage, including the provision of topsoil and turf
           where the existing verge is grassed
      In this regard, specifications and plans detailing this work must be prepared in accordance
      with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads,
      Drainage and Earthworks.
      Site Access and Driveways
18.   A sealed access driveway must be provided from Opal Street and Opal Lane to all parking
      and manoeuvring areas of the development. The works must be undertaken in
      accordance with an Operational Works approval and must include in particular driveway
      crossovers in accordance with standard drawings RS-049 and RS-050.
      Car Parking
19.   A minimum of 6 car parking spaces must be provided and marked on the site. The works
      must be undertaken in accordance with an Operational Works approval and must include
      in particular:
      a.   driveways and carparking spaces in accordance with drawing numbers 0801516-
           SK-0002 B and 0801516-SK-0003 B prepared by McMurtie Consulting Engineers



                                                                                Page 4 of 12

Page 5

                                                                                    MCU16/0043


      b.   the carparking area must 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
      c.   2 visitor parking spaces within the total, which are clearly marked for that purpose
           and accessible at all times for visitor use
      d.   crossfalls and   gradients         in    accordance    with    Australian    Standard
           AS/NZS2890.1:2004
      e.   signage to clearly identify the “visitor” carspaces
20.   All carparking must be kept and maintained in a condition fit for the approved use.
      Stormwater Drainage
21.   The site must be provided with a stormwater drainage system connecting to a lawful point
      of discharge. The works must be undertaken in accordance with an Operational Works
      approval and generally in accordance with the drawing Titled “Preliminary Stormwater and
      Access Plan” number 0801516-0001 B prepared by McMurtie Consulting.
      Electricity and Telecommunication Services
22.   Certification must be submitted to Council from all relevant service providers which
      certifies that the development has met the requirements of this Decision Notice and all
      applicable legislation at the time of construction.
      Earthworks and Retaining Walls
23.   All fill and associated batters must be undertaken in accordance with an Operational
      Works approval, and contained entirely within the subject site unless written permission
      from the respective landowner(s) is provided to Council.
      Damage to Services and Assets
24.   Any damage caused to existing services and assets as a result of the development works
      must be repaired at no cost to the asset owner at the following times:
      a.   where the damage would cause a hazard to pedestrian or vehicle safety,
           immediately; or
      b.   where otherwise, upon completion of the works associated with the development.
      Any repair work which proposes to alter the alignment or level of existing services and
      assets must first be referred to the relevant service authority for approval.
      LANDSCAPING
25.   The development site must be landscaped. The works must be undertaken in accordance
      with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping
      Plants and Guidelines and must include in particular:
      a.   a landscaped garden with a minimum width of 0.5m provided for the full length of
           both side boundaries. Trees must be included which grow to a minimum height of
           5/6m at maturity and provided at 6m centres. The trees must have a minimum pot
           size of 200mm
      b.   provision of one (1) 45 litre street tree to each side of the Opal Street driveway (2
           street trees in total to this frontage)




                                                                                 Page 5 of 12

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                                                                                       MCU16/0043


      c.   provision of two (2) 45 litre trees within the setback to Opal Lane planted between
           the parking area and the street boundary
      d.   dense landscaping provided between the boundary and the manoeuvring areas to
           Opal Street and Opal Lane.
26.   All landscape works must be established and maintained in accordance with the approved
      design for the life of the development, and in a manner that ensures healthy, sustained
      and vigorous plant growth. All plant material must be allowed to grow to full form and be
      refurbished when its life expectancy is reached.
      ENVIRONMENTAL HEALTH CONDITIONS
      Building Demolition/Removal/Relocation
27.   Where the development involves the removal, relocation or demolition of a building, a
      Waste Management Plan (construction and demolition) must be submitted and approved
      by Council’s Environmental Health Officer prior to issue of a development permit for
      operational works for demolition, removal or relocation of any building other than a shed.
      Waste Management Plans (construction and demolition) must be submitted in accordance
      with Planning Scheme Policy 11, Waste Management Plans.
      Waste storage areas must provide for adequate separation of all reusable, recyclable and
      waste materials. These must be located so that they are convenient and safe to use.
      The Plan must contain the following information:
      • The site area for the storage and separation of waste is to be shown on the plan
          drawings accompanying the application.
      • A waste management table as indicated below is to be completed showing how waste
          material is to be segregated - recycled – reused or disposed.

                                    Table – Waste Management Table
       MATERIALS ON-SITE                                 DESTINATION
                                             Re-use and Recycling                        Disposal
       Expected waste    Estimated  On-site                  Off-site               *specify contractor
       materials         volume(m³) *specify      proposed   *specify contractor    and landfill site or
                                       re-use or on-site     and recycling outlet   other disposal site
                                       recycling methods
       Excavation
       material
       Green waste
       Bricks
       Concrete
       Timber-please
       specify
       Plasterboard
       Metals - please
       specify
       Asbestos
       Other - please
       specify
      Note * If a demolition contractor is undertaking works, then the Waste Management table
      is to be completed by the demolition contractor.




                                                                                    Page 6 of 12

Page 7

                                                                                    MCU16/0043


      Waste Storage
28.   The developer must provide waste storage and disposal facilities in accordance with
      Planning Scheme Policy 9, Waste Management, including an external imperviously paved
      area correctly sized for all refuse and recycling containers and suitably screened from
      public places and neighbouring properties.
29.   A bin wash area is required with a cold-water tap, hose and drain outlet connected to
      sewer, via a bucket trap. The drain outlet is to be designed to prevent storm water entry to
      the sewerage system which can be achieved by a bunded area, with a nib wall height of
      100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).
      Alternatively the waste area can be roofed, or any other appropriate design approved by
      Council.
      Noise
30.   Written certification is required from a suitably qualified person confirming that sound
      pressure levels from all mechanical plant and equipment comply with the following :
      a.       Air-conditioning and Refrigeration
           •    7am to 10pm: Maximum level allowable = background + 5dB(A)
           •    10pm to 7am: Maximum level allowable = background + 3dB(A)
      b.       Pumps
           •     7am to 7pm: Maximum level allowable = background + 5dB(A)
           •    7pm to 10pm: Maximum level allowable = background + 3dB(A)
           •    10pm to 7am: No audible noise.
      Assessment and certification is required immediately after installation of the equipment
      and prior to any occupation of the building. All equipment should be operating at the
      same time to test the overall noise level created, with the measurement location at either
      the residential boundary or outside the most exposed part of an affected building -
      whichever is the closest to the plant/equipment.
31.   The certification must be submitted to Council, which certifies that operational noise from
      any fixed plant and equipment complies with the requirements of this Decision Notice.

5.    REFERRAL AGENCIES

Not Applicable.

6.    ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
      Aboriginal Cultural Heritage Act 2003
1.    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




                                                                                 Page 7 of 12

Page 8

                                                                                      MCU16/0043


     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 Unit on 07 3247 6212 to discuss any obligations
     under the ACH Act.
     Equitable Access and Facilities
2.   The plans for the proposed building work have NOT been assessed for compliance with
     the requirements of the National Construction Code - Building Code of Australia (Volume
     1) as they relate to people with disabilities. Your attention is also directed to the fact that
     in addition to the requirements of the National Construction Code as they relate to people
     with disabilities, one or more of the following may impact on the proposed building work:
     c.    the Disability Discrimination Act 1992 (Commonwealth);
     d.    the Anti-Discrimination Act 1991 (Queensland); and
     e.    the Disability (Access to Premises – Buildings) Standards.
     Development Compliance Inspection
3.   Prior to the commencement of the use, please contact Council's DA Planning Section to
     arrange a Development Compliance Inspection.
     Building and Construction Industry (Portable Long Service Leave) Levy
4.   The QLeave levy must be paid prior to the issue of a development permit where it is
     required. Council will not be able to issue a Decision Notice without receipt of details that
     the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
     Co-ordination of Operational Works Assessment
5.   Additional application fees apply to Operational Work applications where the different
     aspects of the works are lodged separately. Significant savings in application fees will
     result if all works are lodged in a single application.
     Preparation of a Preliminary Construction Management Plan
6.   A preliminary Construction Management Plan must be submitted with the Operational
     Works application and must address the following:
     a.    appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
           Devices (MUTCD)
     b.    provision for safe pedestrian access across the frontages of the site both during
           daily construction and after daily construction has ceased.
     Building Works
7.   Noise from residential building works shall comply with the following –
     a.    Limited to between 6:30am to 6:30pm Monday to Saturday.
     b.    All reasonable measures are taken to minimise noise emissions.
     c.    Not permitted on Sunday or public holidays.




                                                                                   Page 8 of 12

Page 9

                                                                                       MCU16/0043


      Measurement of Noise
8.    Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
      accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and
      measurement of environmental noise – General procedures”, or (b) The relevant “Noise
      Measurement Manual” as provided by the Department of Environment and Heritage
      Protection.
9.    A qualified person is considered to be either: (a) a Registered Professional Engineer of
      Queensland, or (b) an environmental consultant with a minimum of 3 years current
      experience in the field of acoustics.
      Acoustic Advice & Design
10.   It is highly recommended that the developer seek the advice and design input of a
      qualified acoustic consultant at the plan development stage to ensure the development
      does not cause a noise nuisance under the Environmental Protection Act 1994. Attention
      should be given to the following (but not limited to) :
           •      building design and construction
           •      design, selection and installation of fixed plant and equipment
           •      the location of air conditioning and heating units, refrigeration plant, pumps,
                  mechanical exhausts and plant rooms etc
           •      the use of acoustic enclosures/screens around noisy plant and equipment
           •      operating times
      Environmental Protection
11.   The development should be undertaken in a manner that causes no unlawful
      environmental nuisance under the Environmental Protection Act 1994 by the creation of
      excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other
      releases to the environment.
12.   In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint,
      cement, concrete, builder’s waste or other prescribed contaminants should not to be
      released to 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.
      Infrastructure Charges
13.   This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in
      accordance with Council’s “Charges Resolution” made pursuant to the Sustainable
      Planning Act 2009 and in conjunction with the State Planning Regulatory Provision
      (Adopted Charges).
7.    PROPERTY NOTES

Not Applicable.

8.    PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.




                                                                                    Page 9 of 12

Page 10

                                                                                   MCU16/0043



9.     FURTHER DEVELOPMENT PERMITS REQUIRED

•      Development Permit for Operational Work (stormwater, driveway, landscaping, external
        works)
•      Development Permit for Building Work (All Building Works)
•      Compliance Assessment (Plan sealing)

10.    SELF ASSESSABLE CODES

Not Applicable.

11.    SUBMISSIONS

There were no submissions about the application.

12.    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.    RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part 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 commence again from the start the day after you receive a
“negotiated decision notice”.

14.    OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available
on line at www.noosa.qld.gov.au, or at Council Offices.



Yours faithfully



Glen Conforti
Development Planner


Enc:    Infrastructure Charge Notice x 2
        Approved Plans/Documents
        Appeal Rights

cc      Unitywater




                                                                               Page 10 of 12

Page 11

                                                                                                                  MCU16/0043




                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



The following is an extract from the Sustainable Planning Act       463 Additional and extended appeal rights for submitters
2009 (Chapter 7).                                                       for particular development applications
                                                                    (1) This section applies to a development application to which
MATERIAL CHANGE OF USE, RECONFIGURING A LOT &                           chapter 9, part 7 applies.
OPERATIONAL WORKS                                                   (2) A submitter of a properly made submission for the
                                                                        application may appeal to the court about a referral
Division 8           Appeals   to       court     relating  to          agency’s response made by a prescribed concurrence
                     development         applications      and          agency for the application.
                     approvals                                      (3) However, the submitter may only appeal against a referral
                                                                        agency’s response to the extent it relates to—
461     Appeals by applicants                                           (a) if the prescribed concurrence agency is the chief
(1)     An applicant for a development application may appeal                 executive (environment)—development for an
        to the court against any of the following—                            aquacultural ERA; or
        (a) the refusal, or the refusal in part, of the                 (b) if the prescribed concurrence agency is the chief
              development application;                                        executive (fisheries)—development that is—
        (b) any condition of a development approval, another                  (i) a material change of use of premises for
              matter stated in a development approval and the                       aquaculture; or
              identification or inclusion of a code under section             (ii) operational work that is the removal, damage or
              242;                                                                  destruction of a marine plant.
        (c) the decision to give a preliminary approval when a      (4) Despite section 462(1), the submitter may appeal against
              development permit was applied for;                       the following matters for the application even if the matters
        (d) the length of a period mentioned in section 341;            relate to code assessment—
        (e) a deemed refusal of the development application.            (a) a decision about a matter mentioned in section
(2)     An appeal under subsection (1)(a), (b), (c) or (d) must               462(2) if it is a decision of the chief executive
        be started within 20 business days (the applicant’s                   (fisheries);
        appeal period) after—                                           (b) a referral agency’s response mentioned in
        (a) if a decision notice or negotiated decision notice is             subsection (2).
              given—the day the decision notice or negotiated
              decision notice is given to the applicant; or         464 Appeals by advice agency submitters
        (b) otherwise—the day a decision notice was required        (1) Subsection (2) applies if an advice agency, in its response
              to be given to the applicant.                             for an application, told the assessment manager to treat
(3)     An appeal under subsection (1)(e) may be started at             the response as a properly made submission.
        any time after the last day a decision on the matter        (2) The advice agency may, within the limits of its jurisdiction,
        should have been made.                                          appeal to the court about—
                                                                        (a) any part of the approval relating to the assessment
462     Appeals by submitters—general                                        manager’s decision about any part of the application
(1)     A submitter for a development application may appeal                 requiring impact assessment under section 314; or
        to the court only against—                                      (b) any part of the approval relating to the assessment
         (a) the part of the approval relating to the assessment             manager’s decision under section 327.
              manager’s decision about any part of the              (3) The appeal must be started within 20 business days after
              application requiring impact assessment under             the day the decision notice or negotiated decision notice is
              section 314; or                                           given to the advice agency as a submitter.
         (b) the part of the approval relating to the assessment    (4) However, if the advice agency has given the assessment
              manager’s decision under section 327.                     manager a notice under section 339(1)(b)(ii), the advice
(2)      To the extent an appeal may be made under                      agency may not appeal the decision.
         subsection (1), the appeal may be against 1 or more of
         the following—                                             465 Appeals about decisions relating to extensions for
        (a) the giving of a development approval;                       approvals
        (b) any provision of the approval including—                (1) For a development approval given for a development
              (i) a condition of, or lack of condition for, the         application, a person to whom a notice is given under
                   approval; or                                         section 389, other than a notice for a decision under
              (ii) the length of a period mentioned in section          section 386(2), may appeal to the court against the
                   341 for the approval.                                decision in the notice.
(3)     However, a submitter may not appeal if the submitter—       (2) The appeal must be started within 20 business days after
        (a) withdraws the submission before the application is          the day the notice of the decision is given to the person.
              decided; or                                           (3) Also, a person who has made a request under section 383
        (b) has given the assessment manager a notice under             may appeal to the court against a deemed refusal of the
              section 339(1)(b)(ii).                                    request.
(4)   The appeal must be started within 20 business days (the       (4) An appeal under subsection (3) may be started at any
      submitter’s appeal period) after the decision notice or           time after the last day the decision on the matter should
      negotiated decision notice is given to the submitter.             have been made.




                                                                                                             Page 11 of 12

Page 12

                                                                      MCU16/0043

466 Appeals about decisions relating to permissible
    changes
(1) For a development approval given for a development
    application, the following persons may appeal to the court
    against a decision on a request to make a permissible
    change to the approval—
    (a) if the responsible entity for making the change is the
         assessment manager for the application—
         (i) the person who made the request; or
         (ii) an entity that gave a notice under section 373 or
              a pre-request response notice about the
              request;
    (b) if the responsible entity for making the change is a
         concurrence agency for the application—the person
         who made the request.
(2) The appeal must be started within 20 business days after
    the day the person is given notice of the decision on the
    request under section 376.
(3) Also, a person who has made a request under section 369
    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.

467 Appeals about changing or cancelling conditions
    imposed by assessment manager or concurrence
    agency
(1) A person to whom a notice under section 378(9)(b) giving
    a decision to change or cancel a condition of a
    development approval has been given may appeal to the
    court against the decision in the notice.
(2) The appeal must be started within 20 business days after
    the day the notice of the decision is given to the person.




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