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SUPERSEDED Decision Notice - 010.2006.00001354.001 [As Published] · 132006.1354

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                                     Form 6 - Decision Notice
                                     INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION


 File No:    2006/1354                          Date of Decision:       1 August 2007

1.     APPLICANT DETAILS

 Name:              P & S Pty Ltd

 Postal address:    CARE Murray & Associates (Qld) Pty Ltd
                    PO Box 246
                    NAMBOUR QLD 4560


 Phone no:          5534.5140                Fax no:

2.     PROPERTY DESCRIPTION

 Street address:    1 Laguna Street Boreen Point

 Real property      Lot 21 RP 839106
 description:

3.     OWNER DETAILS

 Name:              P & S Pty Ltd

 Postal address:    6 Castle Court
                    TUGUN QLD 4224

4.     REFERRAL AGENCIES

 Referral Agency            Address                                                    Basis
 Dept of Main Roads         PO Box 183, GYMPIE QLD 4570                                Concurrence

5.     APPLICATION TYPE

 Development                        Development Details                      Preliminary          Development
                                                                              Approval               Permit
 Material Change of Use             2 Dwelling Houses and Lot                     No                  Yes
                                    Reconfiguration assessed against
                                    the Superceded Planning Scheme

6.     DECISION DETAILS

Council decided to approve the application and grant a Preliminary Approval, subject to conditions.

7.     APPLICABLE CODES

The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Detached House Driveways Code.

8.     SUBMISSIONS

Two. See attached list.

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the Dept of Main
Roads, as a concurrence agency are also attached.
Full text of the other 11 pages

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NOOSA COUNCIL IDAS Development Application Decision Notice                                             2 of 12

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 Development Permit for Operational Works            Access

 Development Permit for Building works               All Building works

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                             Date:       2 August 2007




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                                     Noosa Council Conditions
                                     INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION



Land Use
1.    A further Code Assessable application is required in order to obtain a Development Permit for a Material
      Change of Use and Reconfiguring a Lot, which will be assessed against the conditions of the Preliminary
      Approval.

2.    Development undertaken in accordance with this approval must generally comply with the approved plan
      of development. The approved plan is numbered 38411-1f prepared by Murray & Associates (Qld) Pty Ltd
      and dated 23 April 2006 and as may be amended by these conditions.

3.    The development must be undertaken and operated in a manner that causes no detrimental effect upon
      the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
      emissions.

4.    A Bushfire Management Plan prepared by a suitably qualified consultant shall be submitted that identifies
      mitigation measures to minimise bushfire risk. The Bushfire Management Plan shall clearly identify works
      required to be undertaken by the developer and future residents. The development shall be undertaken in
      accordance with the approved Bushfire Management Plan.

5.    Any detached house shall comply with the provisions of The Noosa Plan in regards to Detached Housing.

6.    6 x 45litre Acmena hemilampra street trees shall be established within the footpath reserve along the
      Laguna Street frontage to the site.

7.    The site shall be landscaped, revegetated and rehabilitated in accordance with Council’s Policy
      ‘Landscaping Guidelines’, and the Landscaping Plan, No. LA01 Issue B prepared by Land Graphics and
      dated June 2006.

8.    The area of existing access path from Laguna Street to the Telstra Substation within the Vegetation
      Protection Area of Lot 9 is to be revegetated in accordance with the Landscaping Plan.

9.    No development is to occur within the Vegetation Protection Areas identified on the approved Plan of
      Development. All existing native vegetation within this area shall be retained subject to the requirements
      of the Bushfire Management Plan.

10.   Existing trees on the site and within road reserves are to be retained, except where required to be
      removed due to building operations or the conduct of the approved use. These landscape plans required
      to be submitted are to denote areas of existing vegetation or existing trees proposed or required to be
      retained.

11.   All fencing shall be sited in a manner so as to minimise damage to significant vegetation.

12.   Cleared vegetation is to be suitably processed by one of the following methods and removed from the
      site:-

      12.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
            heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
            between edges of heaps.

      12.2. Disposal for firewood.

      12.3. Disposal for landscaping purposes.

      12.4. Transport to alternative site for breaking down materials provided that all necessary permits have
            been obtained to allow the alternate site to be used for this purpose.




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      12.5. The disposal method for clearing works is to be submitted in conjunction with an application for a
            Development Permit for Operational Work. The Applicant is advised that other methods may be
            considered provided full details of the method are submitted.
      The Applicant is advised that burning off is an unacceptable method of disposal.
13.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted,
      prior to the issue of a Development Permit for operational works to secure performance of all conditions of
      this development approval. The security will be returned upon satisfactory performance of all the
      conditions of this permit and any other related development permits for operational works, less any costs
      incurred by Council in ensuring compliance with these conditions or for any additional inspections incurred
      for substandard work or work undertaken not in accordance with this permit.

14.   The requirements of this development approval are to be effected, prior to the use of the premises.
      Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect
      compliance with conditions.

15.   The Development Permit for a material change of use of premises lapses if the use has not happened by
      1 August 2011, unless an application to extend the currency is approved by Council.
Land Development
16.   For the purpose of these conditions, the following definitions apply: -

      16.1. A Plan of Survey means the plan for the reconfiguration of a lot required to be endorsed by Council
            pursuant to S3.7.1 of the Integrated Planning Act 1997.

      16.2. A Registered Professional Civil Engineer means an civil engineer who is registered in Queensland
            pursuant to the Professional Engineers Act 1988.

      16.3. The person acting on this permit means any person or company who undertakes development
            pursuant to this permit.

      16.4. Principal Contractor means the person nominated by the Applicant and approved by the Manager -
            Land Development at a pre-start meeting as being responsible for the major component of works
            associated with a Development Permit for Operational Works of any works on the site.

17.   The lot reconfiguration shall be in accordance with plan 38411-1f dated 23 April 2006 as submitted by
      Murray & Associates except as modified herein.

18.   In conjunction with the lodgement of the Plan of Survey for Council endorsement, legal documentation
      shall be presented to Council and shall be submitted in the correct form with the fees prescribed in
      Council's adopted fee schedule.

19.   Pursuant to Section 3.7.3(3)(b) of the Integrated Planning Act, all outstanding rates and charges due and
      payable to Noosa Council in respect of the lots being reconfigured shall be paid prior to endorsement of
      the Plan of Survey for each stage.

20.   Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
      providers to ascertain the location of their underground services.

21.   For the following classes of work associated with development, a Development Permit for Operational
      Works must be obtained prior to commencement of works relating to that class of work. The application
      may combine any or all of these classes of work: -

      21.1. Access

22.   The person acting on this permit shall apply and obtain for all other necessary permits including crane
      permits, road opening permits, hoarding permits, footpath occupation permits and/or any other approvals
      required under any other Act.

23.   Prior to commencement of work relating to a Development Permit for Operational Works, the Applicant
      shall sign a written undertaking to be responsible for the full cost of repairs to road pavement, footpath,
      kerb and gutter, or other Council property damaged as a result of construction of the proposed
      development.




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      If any person acting under this permit damages any Council property or facilities (such as underground
      drainage, water supply and sewerage), through any cause whatsoever in the course of, directly or
      indirectly carrying out development, that person shall forthwith notify the Manager - Land Development
      and shall forthwith rectify that damage at its cost and to the satisfaction of the Manager - Land
      Development. Alternatively, the Applicant may request the Council to carry out the rectification works.
      Any damage to a water main shall be rectified by Council. Any damage to a sewer main shall be
      undertaken by either Council or a Council approved contractor.
      In all cases, Council reserves the right to carry out rectification works in an emergency and where no
      reasonable attempt has been made to complete the rectification works as part of the development.
      All costs incurred by Council in any rectification works shall be repaid to Council prior to the endorsement
      of the Plan of Survey.

Contributions
24.   A contribution in accordance with Planning Scheme Policy PSP 24 for Park Requirements on Subdivision
      Applications in lieu of dedication of land shall be paid to Council prior to its endorsement of the Plan of
      Survey. The amount of the contribution shall be calculated at the rate current at the date of payment. An
      estimate only of the contribution rate as of March 2007 was $1,954. Contributions will be used for
      providing park facilities in the nearest town.
Civil Works - Access
25.   A 3.0 metre wide concrete driveway shall be constructed within the 8.0 metre wide battleaxe access strip
      to serve lots 8 and 9 in accordance with Council’s Standard drawings. All service conduits shall be
      installed for the full length of the access strip prior to pavement construction.
General
26.   No Council property or facility shall be interfered with during works associated with this development.

27.   The following steps shall be undertaken prior to commencement of any construction:-

      27.1. The Principal Contractor shall give Council's Inspector seven (7) days' notice of intention to
            commence works.

      27.2. The Principal Contractor or any of his subcontractors shall not undertake any works unless each
            contractor has public liability insurance in the sum of $10,000,000 and copies of current public
            liability insurance policies are submitted to Council’s inspector.

      27.3. The Principal Contractor shall nominate a site representative and give a telephone number that
            can reach the site representative at any time during a 24-hour day.

      27.4. The site representative shall arrange to meet on-site with Council's Inspector to obtain Council's
            requirements for construction of access.

      27.5. All signage, including that for safety during construction, shall be in accordance with the Manual of
            Uniform Traffic Control Devices and Department of Transport (Main Roads Division) Roadworks
            Signing Guide.

28.   Prior to excavating any material to be used for fill on this site, a Development Permit for Operational
      Works shall have been obtained for the site from which the excavated material is taken. A soil report shall
      be submitted with the application certifying that the material is free of acid sulphate soils and other
      deleterious materials.

29.   The transportation of all materials to and from the site shall be undertaken in a manner such that no
      particulate matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
      be covered to prevent materials including dust being windblown from the vehicle.

30.   A traffic signage plan for the construction phase shall be submitted in conjunction with a Development
      Application for Operational Works.

31.   Where operational works are likely to affect nearby residents, at least 3 days notice of commencement of
      work, the name of the site supervisor, and a 24 hour contact telephone number shall be distributed to
      affected residents.
Earthworks
32.   Where earthworks are required for the provision of services, existing contours shall be restored.




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Easements
33.   Prior to Council endorsement of the Plan of Survey, a duly executed copy of any required Grant of
      Easement shall be submitted to Council for perusal.
      Any changes required by Council’s Solicitor shall be attended to prior to endorsing the Plan of Survey.
      Any necessary Titles Office forms requiring the consent of Council is to be submitted prior to the
      endorsing of the Plan of Survey.
34.   Prior to the endorsement of the Plan of Survey, the Applicant's Solicitor shall give Council's Solicitor an
      appropriate undertaking in writing that in conjunction with lodgement of the Plan of Survey at the Land
      Titles Office, the Title Deed and the easement documents will also be lodged and any additional Titles
      Office forms or requisitions requiring the consent of Council being attended to forthwith.

35.   An easement for access and services shall be created within the battleaxe access handle of Lot 8 to
      provide for access and services to serve Lot 9.

36.   The proposed access easement within the battleaxe access handle of Lot 8 to provide access to Lot 9
      shall be a minimum of 8.0 metres wide.
Effluent Disposal
37.   The effluent disposal system for each lot shall be located generally in accordance with plan 38411-1f
      dated 23 April 2006 as prepared by Murray & Associates.
Engineering
38.   A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
      specifications for all engineering works that will become Council infrastructure, which shall be submitted in
      conjunction with an application for a Development Permit for Operational Works. In this regard a
      DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction
      with any application for Operational Works

39.   All designs for engineering works involving the vehicular access shall be prepared in accordance with the
      requirements of Council's Engineering Design Standards and shall incorporate best engineering practice.

40.   To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted
      in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
      available at www.adac.com.au.

41.   Prior to Council endorsing the Plan of Survey, a certificate from a registered Professional Civil Engineer
      shall be submitted to Council for each Development Permit for Operational Works issued pursuant to this
      permit. The engineer shall certify that he has supervised those works and that they have been completed
      in a workman like manner in accordance with good engineering practice and in accordance with that
      permit.
Environmental
42.   All Class 1, Class 2 and Class 3 pest plants declared under the Land Protection (Pest and Stock Route
      Management) Act 2002 are to be controlled on the site prior to Council endorsement of the plan of survey.
      In this context “controlled” shall mean, for class 1 and 2 pests, completely eradicated. For class 3 pests it
      shall mean removal of the plants where they threaten environmentally significant areas of the site such as
      riparian zones and areas of natural vegetation.
      Where class 3 plants are removed as a result of this condition and there is not sufficient natural
      regeneration of native species, the areas shall be replanted with endemic native species so that a
      sustainable natural ecosystem is restored.
      Council’s Conservation Management Supervisor will not inspect the site until 30 days after the weed
      treatment and replanting is complete.
43.   Environmental Covenants shall be created over the 9 metres setback from Laguna Street within lots 8 and
      9 (with the exception of the access easement area), the 20 metres setback from Boreen Road (also
      known as Louis Bazzo Drive) within Lot 9, and the 4 metres setback from the southern boundary of lot 8.
      The covenants are to protect and retain the existing native vegetation. The conditions of this
      Environmental Covenant shall be to satisfaction of Council’s Manager Land Use.
Services
44.   Any alteration of a public utility or other facility necessitated by the development of the land or associated
      construction works either internal or external to the site shall be at no cost to Council.

45.   An underground electricity service shall be provided to each lot if not already provided.




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      In this regard, an approved ENERGEX Electrical Design Consultant shall work in conjunction with
      Council’s Manager - Works Support to prepare detailed designs of the electrical proposal.
      The detailed deigns shall then be submitted to ENERGEX for approval and a copy of their approval
      submitted to Council in conjunction with a “Certificate of Electricity Supply for Proposed Subdivisions”
      (prepared by an approved ENERGEX Electrical Design Consultant) prior to Council endorsing the Plan of
      Survey.
      Any agreement with ENERGEX or an approved ENERGEX Electrical Design Consultant shall be wholly at
      the applicant’s expense and shall not entail a financial encumbrance on future purchasers of the proposed
      lots.
      Street lighting and pathway lighting throughout the subdivision shall have a high energy efficient rating to
      the reasonable satisfaction of Council and shall generally be provided in accordance with the principles of
      Council’s Engineering Design Standards, section 11.3.3.
46.   The requirements for TELECOMMUNICATION services shall be satisfied in relation to the provision of
      new telephone services to the proposed lots. In this regard written confirmation from an approved
      telecommunication agency shall be submitted to the Council prior to Council endorsing the Plan of Survey
Stormwater
47.   The maximum discharge of stormwater drainage allowable to Council's street gutter at any one location is
      25 litres/second.

48.   Stormwater that is to be disposed of on site shall be disposed of in such a manner so as to cause no
      scour or damage to adjoining properties to the reasonable satisfaction of the Manager - Land
      Development. A Development Permit for Building Works shall not be granted until a Development Permit
      for Operational Works has been issued in regard to the drainage scheme.

49.   The stormwater discharge from the site shall be designed such that there is no net increase in the rate of
      discharge as a result of the development for storm events up to 100 year ARI.

50.   The design plans are to show how stormwater runoff within and from the site is to be controlled both
      during construction and permanently. The plans are to indicate measures to be taken to prevent erosion
      and the export of sediment from the site and will embrace the principles set out in the Institution of
      Engineers Australia Engineering Guidelines for Queensland Soil Erosion and Sediment Control, June
      1996. Designs shall also incorporate the principle of “no net increase” in nutrients and other pollutants
      from the developed site. This may require the provision of a drainage system that allows first flush (first
      12mm of rainfall) to be collected and treated prior to release into the downstream drainage system.

51.   All site drainage shall be by means of gravity systems.
Survey
52.   Where existing fences are within existing or proposed road reserves, they shall be removed and re-
      erected on the correct alignment. Any building or other structure erected within a road reserve shall be
      removed.
      Prior to endorsement of the Plan of Survey, the Applicant shall submit to Council a certification of
      compliance from a registered Surveyor.




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                                    Concurrence Agency Conditions -
                                    Department of Main Roads
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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                                         Local Laws, Policies & State
                                         Regulation Requirements
                                         INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.         The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law
           No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that
           makes or causes audible noise to be made from the building work:-

           1.1.   On a Sunday or public holiday, at any time; or

           1.2.   On a Saturday or a business day, before 7.00am or after 6.30pm.
           A maximum penalty of $1,500 applies to an offence under this legislation.
2.         In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement,
           concrete, builder’s waste or rubbish should not be permitted to enter 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.

3.         Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
           operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In
           accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the
           Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the
           requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational
           works must be submitted to Council with the lodgement of any application for operational works over the
           site.

4.         The Applicant is advised that the following attributes shall be placed on the Council’s rates records for the
           proposed lots once a Development Permit is issued to advise prospective purchasers of Council's
           requirements regarding bushfire management, house siting, sewage treatment method, and effluent
           disposal:-

           4.1.   “A Bushfire Management Plan exists for this property. A copy may be obtained from Council’s Land
                  Development Section – Phone 5449 5261.”

           4.2.   “The property is in an unsewered area. Effluent shall be disposed of on-site in accordance with
                  Council’s policy for on-site wastewater disposal current at the time of Building Works. A detailed
                  site assessment and effluent land application design will be required to be submitted to Council at
                  the time of application for a Development Permit for Building Works.
                  You are advised that a preliminary investigation for this site indicated that a secondary wastewater
                  treatment system may be required.
                  For further information regarding on-site wastewater disposal please contact Council’s Plumbing
                  Services Department.”
           4.3.   “The effluent disposal system for this lot shall be located generally in accordance with plan 38411-
                  1f dated 23/04/06 as prepared by Murray & Associates.”
B.      Finds that despite the proposal’s conflict with the Business, Industry and Community Focus designation
        under the Superseded Planning Scheme, the application is able to be supported because:-
      I. It is consistent with the Detached Housing zoning adopted under The Noosa Plan; &
     II.   Although the proposal does not meet the minimum allotment size under the Specific Outcome of the
           Reconfiguring a Lot Code, it satisfies the Overall Outcomes of the Code and is consistent with the purpose
           of the Code in providing allotment sizes appropriate for the intended use.




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                                    List of Submitters
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




Cootharaba Community Association
9 Orchard Avenue
BOREEN POINT QLD 4565

Mr Keith Pugh
9 Orchard Avenue
BOREEN POINT QLD 4565




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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s 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
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   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 currency 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                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to 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
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are 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                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   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.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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                                      2
(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.




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




AOP2 c:\docume~1\aop2\locals~1\temp\bcl technologies\easypdf 5\@bcl@10095eb0\@[email protected]

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