07/1173 - Notice - Change to existing approvaland concurrence agency aresponse [As Published] · 142007.1173.02

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ecoaccess

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Notice

Change to an existing approval

 

Description of the change is to replace drawing plan number 4616-D01, Revision B, titled ‘Proposed Pontoon
Site Plan and General Arrangement’ prepared by Superior Jetties, dated 3 September 2008 and approved
by Stephen R. Belyea RPEQ 6204 with drawing plan reference no. 0808S, Site Plan 1, titled ‘Proposed
additions & renovations to existing timber framed sheet roof boat shed & wharf, prepared by Adrian Baker
Computer Drafting, dated 22 April 2009, sheet 7 of 7.

It is noted a new ‘Resource entitlement’ has been granted for this development and is dated 19 May 2009.

2. Reason for the refusal:

¢ Integrated Planning Act.1997 Chapter 3, Part 5 Decision Stage
Section 3.5.24: Request to change development approval (other than a change of a condition)

The requested change to .the existing development approval would trigger a material change of use and-the
need for assessable‘ development given ‘the intensity or scale of use of the premises due to the proposed
change to the jetty design layout. The previously approved condition dated 29 September 2008 stated —
“Condition 1. The works must be undertaken in accordance with the plans listed below’ (note. sixteen plans
are listed in the original approval). This request contains only one plan (Site Plan (1) containing limited
information.

The proposed change to the development approval involves a completely new design, layout and
infrastructure that differs considerably from the originally approved plans and therefore the following
information would be required for assessment purposes:

¢ DERM requires the applicant to provide approved plans from a Registered Professional Engineer of
Queensland (RPEQ) to a reasonable scale, clearly showing the details and dimensions of the new
Structure and supporting infrastructure similar to the previous approval.

¢ DERM requires the applicant to demonstrate that the proposed changes will not adversely impact on
natural coastal, riverine and estuarine processes. In particular, erosion and accretion and wave
action on the bed and banks of the river due to the increased intensity of use.

e« DERM requires the applicant to provide information of any potential impacts on surrounding waters
from the construction and the change of jetty design layout, particularly with the increased jetty area
access and boat movements, with regards to turbidity at the site.

An attached extract from the Integrated Planning Act 1997 detaits your appeal rights regarding this decision.

Should ‘you require any further information please contact Rodney Garner the project manager, on the
telephone number listed below.

Yours sincerely

Enquiries:

ES - Reg Serv - Bne North - Sunshine Coast -
Ben Sale DERM
Delegate PO Box 168 COTTON TREE QLD 4558
Department of Environment and Resource Management Phone: (07) 5459 6132
22-JUL-2009 Fax: (07) 5443 9927

 

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Notice
‘Change to an existing approval

APPEAL, RIGHTS - Extract from the integrated Planning Act 1997

Division 8—Appeals to court relating to development applications
4.1.27 Appeals by applicants ‘
(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 currency period;
(e) adeémed 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 (ye) may |! be started at any, time after the. last day : a decision on the matter

“should have been made. ~ *

v

4.1.28 Appeals by submitters 1
(1) A submitter for a development application may appeal to the court only against -
(a) the part of the approval relating to the assessment manager's decision under section 3. 5.14 or
3.5.14A; or
+ (b) for an application processed under section 6.1.28(2) — the part of the approval about the aspects of
the development that. would have required public notification under the repealed Act.
(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the
following-
(a) the giving of a development approval;
(b) any provision of the approval including-
(i) a condition of, or lack of condition for, the approval; or
(ii) the length of a currency period for the approval.
(3) However, a submitter may not appeal if the submitter-
(a) witlidraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 3.5.19(1)(b){ii).
(4) The appeal must be started within 20 business days (the “submitter’s appeal period”) after | the
decision notice or negotiated decision notice is given to the submitter.

4.1.29 Appeals by advice agency submitters

(1) Subsection (1A) applies if an advice agency, in its response for an application, told the assessment
manager to treat the response as a properly made submission.

(1A)The advice agency may, within the limits of its jurisdiction, appeal to the court about any part of the:

approval relating to the assessment manager's decision under section 3.5.14 or 3.5.14A.

(3) The appeal must be started within 20 business days-after the day the-décision notice: Or negotiated
notice is given to the advice agency as a submitter.

(4) However, if the advice agency has given the assessment manager a notice under section 3.5. 19(4)\(b)(i),
the advice agency may not appeal the decision.

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

(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) anotice giving a decision on a request for an extension of the currency 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 made under a Superseded planning
scheme.

 

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Change to an existing approval

Division 9 - Appeals to court about other matters

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

(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;
(b) a notice under section 3.5.33A(9)(b) or 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.

4.1.32 Appeals against enforcement notices
(1) A person who is given an enforcement notice may appeal to the court against the giving of the notice.
(2) The appeal must be started within 20 business days after the day notice is given to the person.

4.1.33 Stay of operation of enforcement notice
(1) The lodging of a notice of appeal about an enforcement notice stays the operation of the enforcement
notice until -
(a) the court, on the application of the entity issuing the notice, decides otherwise; or
(b) the appeal is withdrawn; or
{c) the appeal is dismissed.
(2) However, subsection (1) does not apply if the enforcement notice is about -
(a) a work, if the enforcement notice states the entity believes the work is a danger to persons or a risk
to public health; or
(b) carrying out development that is the demolition of a work.

4.1.34 Appeals against decisions on compensation claims

(1) A person who is dissatisfied with a decision under section 5.4.8 or-5.5. 3 fc for the payment of
compensation may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the claim.

(2) An appeal under subsection (1)(a) must be started with 20 business days after the day notice of the
decision is 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.

4.1.35 Appeals against decisions on requests to acquire designated !and under hardship

(1) A person who is dissatisfied with a designators decision to refuse a request made by the person under
section 2.6.19, may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the request.

(2) An appeal under subsection (1)(a) must be started within 20: business days’ after thé day notice of the
decision is 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.

4.1.37 Appeals from tribunals

(1) A party to a proceeding decided by a tribunal may appeal to the court against the tribunal's decision, but
onty on the ground -
(a) of error or mistake in law on the part of the tribunal; or
(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making the

decision.

(2) An appeal against a tribunal's decision must be started within 20 business days after the day notice of

the tribunal's decision is given to the party.

4.1.38 Court may remit matter to tribunal
If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should
be dealt with by a tribunal, the court must remit the matter to the tribunal for decision.

 

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Division 10 - Making an appeal to court
4.1.39 How appeals to the court are started
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied | with’ subsection

(3).

4.1.41 Notice of appeal to other parties (div 8)
(1) An appellant under division 8 must give written notice of the appeal to-
(a) if the appellant is an applicant- ,
(i) ‘the chief executive; and
(ii) the assessment manager; and
, iii) any concurrence agency; and
* dv). any principal submitter whose submission has not been withdrawn;and.
(v) any advice agency treated as a submitter whose submission has not been withdrawn: or
(b) if the appellant is a submitter or an advice agency whose response to the development application is
treated as a submission for an appeal-
(i) the chief executive; and
(ii) the assessment manager; and
(iii) any referral agency; and
(iv) the applicant; or
(c) if the appellant is a person to whom a notice mientioned in section 4.1.30 has been given- |
(i) the chief executive; and
(ii) the deciding entity; and
(iii) any entity that was a concurrence agency or building referral agency for the development
application to which the notice relates.
(2) The notice must be given within-
(a) if paragraph (b) does not apply-10 business days after the appeal is started; or _
(b) if the appellant is a submitter or advice agency whose response to the development application is
treated as a submission for an appeal-2 business days after the appeal is started.
(3) The notice must state-
(a) the grounds of the appeal; and
(b) if the person given the notice is not the respondent or a co-respondent under section 4.1.43 -
(c) that the person may, within 10 business days after the day the notice is given, elect to become a co-
respondent to the appeal by filing in the court a notice of election in the approved form.

4.1.42. Notice of appeal to other parties (div 9)
(1) An appellant under division 9 must, within 10 business days after the day the appeal i is started give
written-notice of the appeal to.gn ag. wet eri } o
(a) if the appellant is a ‘person to whom a notice mentioned i in section 4. 1. 3173 has been’ given -
the entity that: gave the notice; or
(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the
notice and if the entity is not the local government, the local government; or
(c) if the appellant is a person dissatisfied with a decision about compensation - the local
government that decided the claim; or
(d) if the appellant is a person dissatisfied with a decision about acquiring designated land < the
designator; or
(e) if the appellant is a person who is disqualified as a private certifier - the entity disqualifying
the person and if the entity disqualifying the person is not the accrediting body, the
accrediting body; or
(f) if the appellant is a party to a proceeding decided by a tribunal - the other party to the
proceeding.
(2) The notice must state the grounds of the appeal.

 

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Change to an existing approval

4.1.43 Respondent and co-respondents for appeals under div 8

(1) Subsections (2) to (8) apply for appeals under section 4.1.27 to 4.1.29.

(2) The assessment manager is the respondent for the appeal.

(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) Any submitter may elect to become a co-respondent to the appeal.

(5) If the appeal is about a concurrence agency response, the concurrence agency is a co-respondent for
the appeal.

(6) if the appeal is only about a concurrence agency response, the assessment manager may apply to the
court to withdraw from the appeal.

(7) The respondent and any co-respondents for an appeal are entitled to be heard in the appeal as a party
to the appeal.

(8) A person to whom a notice of appeal is required to be given under section 4.1.41 and who is not the
respondent or a co-respondent for the appeal may elect to be a co-respondent.

(9) For an appeal under section 4.1.30-

' (a) the assessment manager is the respondent; and
(b) any entity that was a concurrence agency or a building referral agency for the development
application to which a notice under section 3.6.3 relates may elect to become a co-respondent.

 

4.1.44 Respondent and co-respondents for appeals under div 9

(1) This section applies if an entity is required under section 4.1.42 to be given a notice of an appeal.

(2) The entity given written notice is the respondent for the appeal.

(3) However, if under a provision of the section more than 1 entity is required to be given notice, only the
first entity mentioned in the provision is the respondent.

(4) The second entity mentioned in the provision may elect to be a co-respondent.

4.1.45 How an entity may elect to be a co-respondent
An entity that is entitled to elect to be a co-respondent to the appeal may do so, within 10 business days .
after notice of the appeal is given to the entity, by following the rules of court for the election.

4.1.46 Minister entitled to be represented in an appeal involving a State interest :
If the Minister is satisfied that an appeal involves a State interest, the Minister is entitled to be represented in

the appeal.

4.1.47 Lodging appeal stops certain actions
- (1) If an appeal (other than an appeal under section 4.1.30) is started under division 8, the development
must not be started until the appeal is decided or withdrawn.
(2) Despite subsection (1), if the court is satisfied the outcome of the appeal would not be affected if the
development or part of the development is started before the appeal is decided, the court may allow the
development or part of the development to start before the appeal is decided.

 

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