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Attachment 4 - Decision Notice MCU16 0130
Attached to the e-mail Change to DA - MCU16/0130.01.msg.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Landscaping, stormwater, carparking &
Works driveway
Development Permit for Building Works Building Works
10. SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval
issued under this Decision Notice must be complied with.
• Advertising Devices Code.
11. SUBMISSIONS
There were seven (7) properly made submissions about the application. In accordance with
the Sustainable Planning Act 2009, the name, address and electronic address of the principal
submitter for each properly made submission is provided and attached.
12. REASONS / GROUNDS FOR APPROVAL
The Assessment Manager considers the decision conflicts with the planning scheme and the
following are sufficient grounds to justify the decision despite the conflict:
1. The land enjoys existing use rights for various uses including some industrial uses with
the potential to generate off site impacts. The proposed development seeks approval for
a reduced range of uses able to operate from the site which are considered more
compatible in the area; and
2. The development offers various improvements to the site and provides an improved
interface between adjoining residential uses. The proposed building renovations and
landscaping outcomes collectively improve the visual amenity of the site and are
considered an overall community benefit.
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”. (Refer to Part 8 “Dealing with decision notices and
approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal
period” of the Sustainable Planning Act 2009.)
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