Decision Letter - Change to an Existing Approval - 010.2005.00000698.003 [As Published]

Page 2

                                                                                         2005/698

A.      Extend the currency period until 23 November 2009.
B.      Issue a Change to an Existing Approval.
In relation to your request to extend the currency period for the above development approval,
Council on 25 September 2009 decided to:
A.      Extend the relevant period until 23 January 2012.
B.      Issue a Change to an Existing Approval.

3     RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4     ASSESSMENT MANAGER CONDITIONS

1.    The development shall be carried out in accordance with Consultant drawing No. LGGG 850
      LA01C dated 19/05/06 prepared by Land Graphics or as modified herein.
2.    “This approval is for the landscaping of the mound along the Eenie Creek Road frontage,
      comprising:
      Stage 1 - Landscaping of the area located between the property boundary and the edge of
      Eenie Creek Road (within the Eenie Creek Road Reserve), which shall be completed prior to
      the commencement of any Building Works on site.
      Stage 2 - Landscaping of the area on the northern side of the property boundary (within the
      subject site), which shall be completed prior to commencement of the approved Use on site.
      All stages of landscaping shall be completed within the relevant period for this approval.”
3.    A further development application for Operational Works - Landscaping shall be submitted to
      Council for the Walter Hay Drive frontage of the site. No development permit for Building
      Works shall be issued for the site prior to the issue of the development permit for Operational
      Works - Landscaping for the Walter Hay Drive frontage of the site.
4.    All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
      cover and be visible at all times to ensure prompt access in case of emergency.
5.    The landscape construction is to be implemented in accordance with horticultural industry best
      practices.
6.    All native plant species located in group plantings shall not be subjected to any hedging
      maintenance regimes.
7.    Prior to commencement of use, all areas of weed infestation located within the road reserve of
      Eenie Creek Road shall be removed in accordance with the Rehabilitation Schedule of works
      items 1, 2, 3, 4, 5, 6 and 7 at no cost to Council.
8.    The density of planting must achieve the set out requirements as detailed on the approved
      landscape plan.
9.    The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
      access to service meters within the site.
10.   All trees must be located:
      10.1. a minimum of 1.0 metres from all services to prevent root/service conflict and to provide
            future ease of maintenance requirements
      10.2. a minimum of 2.0 metres from stormwater catchpits
      10.3. a minimum of 4.0 metres from all overhead street lighting


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A. Extend the currency period until 23 November 2009.
B. Issue a Change to an Existing Approval.

In relation to your request to extend the currency period for the above development approval,
Council on 25 September 2009 decided to:

A. Extend the relevant period until 23 January 2012.
B. Issue a Change to an Existing Approval.

3 RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4 ASSESSMENT MANAGER CONDITIONS

1. | The development shall be carried out in accordance with Consultant drawing No. LGGG 850
LA01C dated 19/05/06 prepared by Land Graphics or as modified herein.

2. “This approval is for the landscaping of the mound along the Eenie Creek Road frontage,
comprising:

Stage 1 - Landscaping of the area located between the property boundary and the edge of
Eenie Creek Road (within the Eenie Creek Road Reserve), which shall be completed prior to
the commencement of any Building Works on site.

Stage 2 - Landscaping of the area on the northern side of the property boundary (within the
subject site), which shall be completed prior to commencement of the approved Use on site.

All stages of landscaping shall be completed within the relevant period for this approval.”

3. A further development application for Operational Works - Landscaping shall be submitted to
Council for the Walter Hay Drive frontage of the site. No development permit for Building
Works shall be issued for the site prior to the issue of the development permit for Operational
Works - Landscaping for the Walter Hay Drive frontage of the site.

4. All manholes, inspection pits and grates are to be raised to finish surface level and kept free of
cover and be visible at all times to ensure prompt access in case of emergency.

5. The landscape construction is to be implemented in accordance with horticultural industry best
practices.

6. All native plant species located in group plantings shall not be subjected to any hedging
maintenance regimes.

7. Prior to commencement of use, all areas of weed infestation located within the road reserve of
Eenie Creek Road shall be removed in accordance with the Rehabilitation Schedule of works
items 1, 2, 3, 4, 5, 6 and 7 at no cost to Council.

8. The density of planting must achieve the set out requirements as detailed on the approved
landscape plan.

9. The applicant must ensure that all landscaping treatment does not unduly restrict/prevent
access to service meters within the site.

10. All trees must be located:

10.1. a minimum of 1.0 metres from all services to prevent root/service conflict and to provide
future ease of maintenance requirements

10.2. a minimum of 2.0 metres from stormwater catchpits

10.3. a minimum of 4.0 metres from all overhead street lighting

Page 2 of 7

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                                                                                         2005/698

11.   The site is to be landscaped in accordance with Council’s Policy on Landscaping Guidelines
      and the approved plan of Development.
12.   The area to be rehabilitated above the proposed car parking spaces for the retirement village
      shall also include a minimum of 50 plants listed in Schedule B, with the works to be pursuant
      to the development approval plans for the retirement village (04/5744).
13.   The finished level of all mulch in banks and batters is to be a minimum of 50mm below the
      level of the adjacent top of kerb or dish drain. All landscaping is to be constructed in
      accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
14.   A site control and/or compliance bond of $2000 is to be submitted to Council prior to the pre-
      start meeting. The pre-start meeting will only be held once Council's Construction Technical
      Officer has confirmation that the bond monies have been received by Council.
      The bond will be refunded less any costs incurred by Council in ensuring compliance with
      these conditions or any additional inspections incurred for substandard work or work
      undertaken not in accordance with this permit.
15.   Council’s Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’
      notice of intention to commence works to arrange a “pre start” meeting.
16.   Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
      Council’s signed approved drawings and conditions by the applicant.
17.   Please provide one copy (A3 size) of the approved plans and a copy of the job specifications
      for Council’s Construction Technical Officer.
18.   Council standards shall apply to these works unless otherwise modified herein.
19.   The person acting on this permit shall ensure that its consultants and contractors take all
      reasonable care during the construction of the engineering works to ensure that Council
      property, road pavements or facilities (such as underground drainage, water supply, sewerage,
      footpaths, kerbing, landscaping, street furniture etc.) are protected against any damage or
      interference whatsoever.
      If any Council property or facilities should be damaged by the Applicant or any of its
      Consultants or Contractors through any cause whatsoever in the course of, directly or
      indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
      forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
      property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
      the commencement of the use or, alternatively, the Applicant may request the Council to carry
      out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
      Council prior to the commencement of the use, provided that in the case of emergency the
      Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
      paid prior to the commencement of the use.
20.   The development of the site shall be carried out in such a manner as to prevent dust and/or
      sand nuisance to residents and/or tenants in the vicinity of the development.
21.   Construction work and other associated activities are permitted only during the hours of 7.00
      am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
      except where extended hours are approved by the Manager-Land Development or his
      nominee.
22.   All signage, including that for safety during construction shall be in accordance with the
      Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.
23.   Sediment and erosion control measures must be in place prior to works commencing. If such
      measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such fines
      can be issued if sediments from the site are found to enter or have the potential to enter
      Council’s stormwater system or natural waterways.


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11.

12.

13.

14.

15.

16.

17.

18.
19.

20.

21.

22.

23.

The site is to be landscaped in accordance with Council's Policy on Landscaping Guidelines
and the approved plan of Development.

The area to be rehabilitated above the proposed car parking spaces for the retirement village
shall also include a minimum of 50 plants listed in Schedule B, with the works to be pursuant
to the development approval plans for the retirement village (04/5744).

The finished level of all mulch in banks and batters is to be a minimum of 50mm below the
level of the adjacent top of kerb or dish drain. All landscaping is to be constructed in
accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.

A site control and/or compliance bond of $2000 is to be submitted to Council prior to the pre-
start meeting. The pre-start meeting will only be held once Council's Construction Technical
Officer has confirmation that the bond monies have been received by Council.

The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.

Council's Construction Technical Officer (ph 0410 512 505), shall be given seven (7) days’
notice of intention to commence works to arrange a “pre start” meeting.

Prior to the “pre start” meeting, the principal contractor must be provided with a copy of
Council's signed approved drawings and conditions by the applicant.

Please provide one copy (A3 size) of the approved plans and a copy of the job specifications
for Council's Construction Technical Officer.

Council standards shall apply to these works unless otherwise modified herein.

The person acting on this permit shall ensure that its consultants and contractors take all
reasonable care during the construction of the engineering works to ensure that Council
property, road pavements or facilities (such as underground drainage, water supply, sewerage,
footpaths, kerbing, landscaping, street furniture etc.) are protected against any damage or
interference whatsoever.

If any Council property or facilities should be damaged by the Applicant or any of its
Consultants or Contractors through any cause whatsoever in the course of, directly or
indirectly, carrying out the engineering works, the Applicant and/or its Contractors shall
forthwith notify the Manager-Land Development and shall forthwith rectify the damage to that
property or facility at its cost and to the satisfaction of the Manager-Land Development, prior to
the commencement of the use or, alternatively, the Applicant may request the Council to carry
out the rectification work at the Applicant’s cost, such cost being paid by the Applicant to the
Council prior to the commencement of the use, provided that in the case of emergency the
Council shall be entitled to rectify such damage at the cost of the Applicant, such cost being
paid prior to the commencement of the use.

The development of the site shall be carried out in such a manner as to prevent dust and/or
sand nuisance to residents and/or tenants in the vicinity of the development.

Construction work and other associated activities are permitted only during the hours of 7.00
am and 6.00 pm Monday to Saturday. No work is permitted on Sundays or public holidays,
except where extended hours are approved by the Manager-Land Development or his
nominee.

All signage, including that for safety during construction shall be in accordance with the
Manual of Uniform Traffic Control Devices and Traffic Infrastructure (Roads) Act.

Sediment and erosion control measures must be in place prior to works commencing. If such
measures are not in place or are not satisfactory, “on the spot “fines may be issued. Such fines
can be issued if sediments from the site are found to enter or have the potential to enter
Council's stormwater system or natural waterways.

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                                                                                          2005/698

24.   Prior to the works to become Council assets being accepted "On Maintenance", a certificate
      from a qualified landscape architect or qualified horticulturist shall be submitted certifying that
      the landscaping works required by this permit have been carried out in accordance with the
      approved plans and conditions and in accordance with best industry practice under their
      supervision.
25.   A 5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will be
      imposed on the works during the maintenance period, which is a minimum period of 12 months
      duration or until such time that the landscaping is established and achieves the intended
      purposes. Such bond must be lodged by, and shall only be accepted from the Developer for
      the works.
26.   These works are also to be in compliance with the relevant conditions of Development Permit
      No. 2004/5744.
27.   Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
      (2) years from the day this permit takes effect during which time all conditions must have been
      complied with and the Plan of Survey lodged with the Council for endorsement.
28.   Notwithstanding that Council has checked the plans with due care, where it is found during
      construction that variations from Council's standards exist, then Council standards shall apply
5     REFERRAL AGENCY CONDITIONS

Not Applicable.

6     APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the following table:

 Plan No.                  Rev.    Plan Name                                   Date

 LGGG 850 LA01C                    Landscape Plan Vegetated Buffer             19/05/06

7     ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.    Proposed contractors for works should have current Public Liability and Workers
      Compensation Insurances.
      No other Contractor or Subcontractor should be engaged to carry out the works or any part of
      the works.
2.    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.
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.

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24. Prior to the works to become Council assets being accepted "On Maintenance", a certificate
from a qualified landscape architect or qualified horticulturist shall be submitted certifying that
the landscaping works required by this permit have been carried out in accordance with the
approved plans and conditions and in accordance with best industry practice under their
supervision.

25. A5% cost of works to become Council assets or $1,500 bond (whichever is the greater) will be
imposed on the works during the maintenance period, which is a minimum period of 12 months
duration or until such time that the landscaping is established and achieves the intended
purposes. Such bond must be lodged by, and shall only be accepted from the Developer for
the works.

26. These works are also to be in compliance with the relevant conditions of Development Permit
No. 2004/5744.

27. Pursuant to Section 3.5.21(5) of the Integrated Planning Act 1997, the Relevant Period is two
(2) years from the day this permit takes effect during which time all conditions must have been
complied with and the Plan of Survey lodged with the Council for endorsement.

28. Notwithstanding that Council has checked the plans with due care, where it is found during
construction that variations from Council's standards exist, then Council standards shall apply

5 REFERRAL AGENCY CONDITIONS

Not Applicable.

6 APPROVED PLANS/DOCUMENTS

The approved plans for this development approval are listed in the following table:
Plan No. Rev. Plan Name Date

LGGG 850 LA01C Landscape Plan Vegetated Buffer 19/05/06

7 ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:

1. Proposed contractors for works should have current Public Liability and Workers
Compensation Insurances.

No other Contractor or Subcontractor should be engaged to carry out the works or any part of
the works.

2. 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.

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”. \t 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.

Page 4 of 7

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                                                                                     2005/698

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.

10    FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.

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.

15    OTHER DETAILS
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




Ron Read
SENIOR ENGINEERING OFFICER
OPERATIONAL WORKS ASSESSMENT BRANCH



Decision Notice History
17 August 2006                 Original Decision Notice.
17 November 2006               Negotiated Decision Notice with amendment to Condition 2.
17 November 2008               Change to an Existing Approval extending currency period to
                               23 November 2009.
25 September 2009              Change to an Existing Approval extending currency period to
                               23 January 2012.



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2005/698

 

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.

10 FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable.

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.

15 OTHER DETAILS

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

Ron Read
SENIOR ENGINEERING OFFICER
OPERATIONAL WORKS ASSESSMENT BRANCH

Decision Notice History

17 August 2006 Original Decision Notice.

17 November 2006 Negotiated Decision Notice with amendment to Condition 2.

17 November 2008 Change to an Existing Approval extending currency period to
23 November 2009.

25 September 2009 Change to an Existing Approval extending currency period to
23 January 2012.

Page 5 of 7

Page 6

                                                                                                           2005/698



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

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications

Appeals by applicants

4.1.27.(1) An applicant for a development application
may appeal to the court 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;'

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

Appeals by submitters

4.1.28.(1) A submitter for a development application may
appeal to the court about-

(a) the giving of a development approval, including any
conditions (or lack of conditions) or other provisions
of the approval; or

(b) the length of a relevant period for the approval.

(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day the
decision notice or negotiated decision notice is given to
the submitter.

(3) If a person withdraws a submission before the
application is decided, the person may not appeal the
decision.

(4) If an application involves both impact assessment
and code assessment, appeal rights for submitters are
available only for the part of the application involving
impact assessment.

(5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the application
are available only for the aspects of the development that
would have required public notification under the
repealed Act.

' Section 3.1.6 (Preliminary approval may override local
planning instrument)

(6) If an application involves assessment against a
concurrence agency code, appeal rights for submitters
for the application are not available against the part of
the approval that represents the concurrence agency's
response for the code.

Appeals by advice agency submitters

4.1.29.(1) An advice agency may, within the limits of its
jurisdiction, appeal to the court about the giving of a
development approval for a development application if-

(a) the development application involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to the
application as a submission for an appeal.

(2) The appeal must be started within 20 business
days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
submitter.

Appeals for matters arising after approval given
(co-respondents)

4.1.30.(1) For a development approval given for a
development application, 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 for extension
of the relevant period for an approval;

(b) a notice giving a decision on a request to make a
minor change to an 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) Subsection (1)(a) does not apply if the approval
resulted from a development application (superseded
planning scheme) that was assessed as if it were an
application under a superseded planning scheme.

(4) Also, a person who has made a _ request
mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.

(5) An appeal under subsection (4) may be started at
any time after the last day the decision on the matter
should have been made.

Division 9 - Appeals to court about other matters

Appeals for matters arising after approval given
(no co-respondents)

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.

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                                                                                                  2005/698

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


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 7 of 7


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(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.

For Building Works Only

Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeals to tribunals relating to
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;°

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

5 Section 3.1.6 (Preliminary approval may override local
planning instrument)

(c) the decision to give a preliminary approval when a
development permit was applied for;

(d) the length of a period mentioned in section 3.5.21
relevant period;
(e) a deemed refusal.

(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal
period”) after the day the decision notice or negotiated
decision notice is given to the applicant.

(3) An appeal under subsection (1)(e) may be started
at any time after the last day a decision on the matter
should have been made.

The Registrar for the Building and Development
Tribunal may be contacted at the website
http://www.localgovernment.qlid.gov.au/

For Infrastructure Charges Only

4.1.36 Appeals about particular infrastructure

charges

(1) This section applies to a person who has been

given, and is dissatisfied with, an infrastructure charges

notice or a regulated State infrastructure charges notice.

(2) The person may appeal to the court against the

notice.

(3) The appeal must be started within 20 business days

after-

(a) _ if the notice is given because of a development
approval or master plan approval-the day the
applicant is given notice of the decision about the
approval; or

(b) otherwise-the day the notice is given to the person.

(4) An appeal under this section may only be about-

(a) whether a charge in the notice is so unreasonable
that no reasonable relevant local government, State
infrastructure provider or coordinating agency could
have imposed it; or

(b) an error in the calculation of the charge.

(5) To remove any doubt, it is declared that an appeal

under this section can not be about the methodology

used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
charges schedule.

Page 7 of 7