23688 DA - COMPILED Decision Notice [As Published] · 132004.240015.4

NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         9




                                                     Appeal Rights
                                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

    The following is an extract from the Integrated                            (5) If an application is processed under section
    Planning Act (Chapter 4).                                              6.1.28(2), appeal rights for submitters for the
                                                                           application are available only for the aspects of the
    Division 8 - Appeals to                   court      relating     to   development that would have required public
    development applications                                               notification under the repealed Act.
    Appeals by applicants                                                     (6) If an application involves assessment against
    4.1.27.(1) An applicant for a development application                  a concurrence agency code, appeal rights for
    may appeal to the court against any of the following-                  submitters for the application are not available
                                                                           against the part of the approval that represents the
    (a) the refusal, or the refusal                 in   part,   of   a    concurrence agency’s response for the code.
        development application;
                                                                           Appeals by advice agency submitters
    (b) a matter stated in a development approval,
        including any condition applying to the                            4.1.29.(1) An advice agency may, within the limits of
        development, and the identification of a code                      its jurisdiction, appeal to the court about the giving of
        under section 3.1.6;1                                              a development approval for a development
                                                                           application if-
    (c) the decision to give a preliminary approval when a
        development permit was applied for;                                (a) the development application involves impact
                                                                               assessment; and
    (d) the length of a currency period;
                                                                           (b) the advice agency told the applicant and the
    (e) a deemed refusal.                                                      assessment manager to treat its response to the
                                                                               application as a submission for an appeal.
       (2) An appeal under subsection (1)(a) to (d) must
    be started within 20 business days (the “applicant’s                      (2) The appeal must be started within 20 business
    appeal period”) after the day the decision notice or                   days after the day the decision notice or negotiated
    negotiated decision notice is given to the applicant.                  decision notice is given to the advice agency as a
                                                                           submitter.
        (3) An appeal under subsection (1)(e) may be
    started at any time after the last day a decision on the               Appeals for matters arising after approval given
    matter should have been made.                                          (co-respondents)
    Appeals by submitters                                                  4.1.30.(1) For a development approval given for a
                                                                           development application, a person to whom any of
    4.1.28.(1) A submitter for a development application
                                                                           the following notices have been given may appeal to
    may appeal to the court about-
                                                                           the court against the decision in the notice-
    (a) the giving of a development approval, including
                                                                           (a) a notice giving a decision on a request for
        any conditions (or lack of conditions) or other
                                                                               extension of the currency period for an approval;
        provisions of the approval; or
                                                                           (b) a notice giving a decision on a request to make a
    (b) the length of a currency period for the approval.
                                                                               minor change to an approval.
        (2) The appeal must be started within 20 business
                                                                               (2) The appeal must be started within 20 business
    days (the “submitters appeal period”) after the day                    days after the day the notice of the decision is given
    the decision notice or negotiated decision notice is                   to the person.
    given to the submitter.
                                                                                 (3) Subsection (1)(a) does not apply if the
       (3) If a person withdraws a submission before the                   approval resulted from a development application
    application is decided, the person may not appeal the                  (superseded planning scheme) that was assessed as
    decision.                                                              if it were an application under a superseded planning
       (4) If an application involves both impact                          scheme.
    assessment and code assessment, appeal rights for                         (4) Also, a person who has made a request
    submitters are available only for the part of the                      mentioned in subsection (1) may appeal to the court
    application involving impact assessment.                               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.


    1
         Section 3.1.6 (Preliminary approval may override local planning
        instrument)



KP o:\database\onestop\decision.doc                                                    29/05/07