change to the approval - clubhouse use

Noosa Council documents




               NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         8




                              NOOSA                             Appeal Rights
                                                                INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

               The following is an extract from the Integrated                        (a) the development application involves impact
               Planning Act (Chapter 4).                                                  assessment; and
               Division 8 - Appeals to court relating to                              (b) the advice agency told the applicant and the
               development applications                                                   assessment manager to treat its response to
                                                                                          the application as a submission for an appeal.
               Appeals by applicants
                                                                                         (2) The appeal must be started within 20
               4.1.27.(1) An applicant for a development                              business days after the day the decision notice or
               application may appeal to the court against any of                     negotiated decision notice is given to the advice
               the following-                                                         agency as a submitter.
               (a) the refusal, or the refusal in part, of a                          Appeals for matters arising after approval given
                   development application;                                           (co-respondents)
               (b) a matter stated in a development approval,                         4.1.30.(1) For a development approval given for a
                   including any condition applying to the                            development application, a person to whom any of
                   development, and the identification of a code                      the following notices have been given may appeal
                   under section 3.1.6;1                                              to the court against the decision in the notice-
               (c) the decision to give a preliminary approval when                   (a) a notice giving a decision on a request for
                   a development permit was applied for;                                  extension of the currency period for an approval;
               (d) the length of a currency period;                                   (b) a notice giving a decision on a request to make
               (e) a deemed refusal.                                                      a minor change to an approval.
                   (2) An appeal under subsection (1)(a) to (d)                          (2) The appeal must be started within 20
               must be started within 20 business days (the                           business days after the day the notice of the
               “applicant’s appeal period”) after the day the                         decision is given to the person.
               decision notice or negotiated decision notice is                          (3) Subsection (1)(a) does not apply if the
               given to the applicant.                                                approval resulted from a development application
                   (3) An appeal under subsection (1)(e) may be                       (superseded planning scheme) that was assessed
               started at any time after the last day a decision on                   as if it were an application under a superseded
               the matter should have been made.                                      planning scheme.
               Appeals by submitters                                                  Division 9 - Appeals to court about other matters
               4.1.28.(1) A submitter for a development application                   Appeals for matters arising after approval given
               may appeal to the court about-                                         (no co-respondents)
               (a) the giving of a development approval, including                    4.1.31.(1) A person to whom any of the following
                   any conditions (or lack of conditions) or other                    notices have been given may appeal to the court
                   provisions of the approval; or                                     against the decision in the notice-
               (b) the length of a currency period for the approval.                  (a) a notice giving a decision on a request to
                                                                                          change or cancel a condition of a development
                   (2) The appeal must be started within 20
                                                                                          approval.
               business days (the “submitters appeal period”)
               after the day the decision notice or negotiated                        (b) a notice under section 6.1.442 giving a decision
               decision notice is given to the submitter.                                 to change or cancel a condition of a
                                                                                          development approval.
                  (3) If a person withdraws a submission before
               the application is decided, the person may not                            (2) The appeal must be started within 20
               appeal the decision.                                                   business days after the day the notice of the
                                                                                      decision is given to the person.
                   (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.
               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-
                                                                                      2
                                                                                           Section 6.1.44 (Conditions may be changed or cancelled by
               1
                    Section 3.1.6 (Preliminary approval may override local planning       assessment manager or concurrence agency in certain
                   instrument)                                                            circumstances)



               SMP o:\database\ipa\town planning\decision.doc


                                                                                                                            Print Date: 7 September 2021, 10:32 AM