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Application for Operational Works - W & S - OPW14/0145 (see REC12/0014)
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.. REC12/0014 ____________ -0_.- _ .. _. ~ _ --------- -.- _.---------- ..--.--_. ---I ii I Sunshine Coast Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING , i Regional Council REGULATION 2009 I =.J The following is an extract from the Sustainable Pfannlng Act (2) A submitter of a properly made submission for the 2009 (Chapter 7). l application may appeal to the court about a referral agency's response made by a prescribed concurrence MATERIAL CHANGE OF USE. RECONFIGURING A LOT & agency for the application. OPERATIONAL WORKS (3) However, the submitter may only appeal against a referral agency's response to the extent it relates to- Division 8 Appeals to court relating to (a) if the prescribed concurrence agency is the chief development applIcations and executive (envlronment)-development for an approvals aquacultural ERA; or (b) if the prescnbed concurrence agency Is the chief 461 Appeals by applicants executive (fisherles}-development that is- (1 ) An applicant for a development application may appeal Ci) a material change of use of premises for to the court against any of the following- aquaculture; or (a) the refusal, or the refusal In part. of the (li) operational \Wrk that is the removal, damage development application: or destruction of a marine plant. (b) any condition of a development approval. another (4) Despite section 462(1). the submitter may appeal matter stated In a development approval and the against the following matters for the application even if identification or inclusion of a code under section the matters relate to code assessment- 242; (a) a decision about a matter mentioned in section (c) the decision to give a preliminary approval when a 462(2) If It Is a decision of the chief executive development permit was applied for, (fisheries); (d) the length of a period mentioned in section 341; (b) a referral agency's response mentioned In (e) a deemed refusal of the development application. subsection (2). (2) An appeal under subsection (1 )(a). (b), (c) or (d) must be started within 20 business days (the applicant's 464 Appeals by advice agency submitters appeal period) after- (1) Subsection (2) applies if an advice agency. in its (a) if a decision notice or negotiated decision nolice response for an application, told the assessment Is given-the day the decIsion notice or manager to treat the response as a properly made negotiated decision notice is given to the submission. applicant; Of (2) The advice agency may. YJlthin the Omits of its (b) otherwfse-the day a decision notice was jurisdiction, appeal to the court about- required to be given to the applicanl (a) any part of the approval relating to the assessment (3) An appeal under subsection (1}(e) may be started at manager's decision about any part of the any time after the last day a decision on the matter application requiring impact assessment ...,der should have been made. section 314; or (b) any part of the approval relating to the assessment 462 Appeals by submilters-general manager's decision under section 327. (1) A submitter for a development application may appeal (3) The appeal must be started within 20 business days to the court only against- after the day the decision notice or negotiated decision (a) lhe part 01 the approval relating . to the notice is given to the advice agency as a submitter. assessment manager's decision about any part of (4) However, if the advice agency has given the the application requiring Impact assessment assessment manager a notice under section under section 314; or 339(1)(b)(il), the advice agency may not appeal the (b) the part of the approval relating to the dedsion. assessment manager's decision under section 327. 465 Appeals about decisions relating to extensions for (2) To the extent an appeal may be made under approvals subsection (1), the appeal may be against 1 or more of (1) For a development approval given for a development the following- appllcation, a person to whom a notice is given under (a) the giving of a development approval; section 389, other than a notice for a decision under (b) any provision of the approval Including-- section 386(2), may appeal to the court against the (I) a condition of, or lack of condition for, the decision in the notice. approval; or (2) The appeal must be slarted within 20 business days (II) the length of a period mentioned In section after the day the notice of the decision is given to the 341 for the approval. person. (3) However, a submitter may not appeal if the submitter- (3) Also. a person who has made a request under section (a) .,,;thdraws the submission before the application 383 may appeal to the court against a deemed refusal of Is decided: or the requesl (b) has given the assessment manager a notice (4) An appeal under subsection (3) may be started at any under section 339(1Xb)(II). lime after the last day the decision an the matter should (4) The appeal must be started v.ithln 20 business days (the have been made. submitters appeal period) after the decision notice or negotiated declslon notice Is given to the submItter. 466 Appeals about decisions relating to p&rmissible changes 463 Additional and extended appeal rights for submitters (1) For a development approval given for a development for particular development applications application, the following persons may appeal to the (1) This section applies to a development application to court against a decision on a request to make a which chapter 9. part 7 applies. permissible change to the approval- Paoe 6 of 7
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