Council archive · source document
Decision Notice - 010.2007.00001447.001 [As Published] · 132007.1447
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2007/1447 Date of Decision: 17 January 2008
1. APPLICANT DETAILS
Name: Res Bella Pty Ltd
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 5455 5425 Fax no: 5455 5725
2. PROPERTY DESCRIPTION
Street address: 31 & 33 Grant Street Noosa Heads
Real property Lots 3 & 4 SP 179879
description:
3. OWNER DETAILS
Name: Res Bella Pty Ltd
Postal address: PO Box 376
SPIT JUNCTION NSW 2088
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Multiple Housing Type 2 Duplex No Yes
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, 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:-
Nil.
8. SUBMISSIONS
Not Applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 of 11
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
Development Permit for Operational Works Landscaping, carparking and access, frontage works,
stormwater drainage and erosion & sediment control
Development Permit for Reconfiguring a Lot Reconfiguring a Lot
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Council Signature: Date: 18/01/08
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Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are titled and numbered
Level 1 Plan 0703.3 SD.02 Issue D
Level 2 Plan 0703.3 SD.03 Issue E
Level 3 Plan 0703.3 SD.04 Issue D
Elevations 0703.3 SD.05 Issue E
Elevations 0703.3 SD.06 Issue D
prepared by Ian Gorton Design and dated April 2007 and as may be amended by these conditions.
2. The open space and setback areas are to be landscaped in accordance with Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified
Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being
occupied and maintained at all times thereafter. The submitted landscape plan shall detail the following:
2.1 The proposed landscaped area between the front property boundary and the vehicle turning
area shall be a minimum depth of 2 metres and planted densely with screening species of local
origin.
2.2 The provision of dense vegetation of local origin along the western side boundary.
2.3 A minimum of four (4) x 100 litres species of local origin shall be planted either along the rear
boundary or the area of open space adjacent laneway at the rear of the site, in order to replace
existing vegetation that is required to be removed from the site.
3. All fencing shall be setback at least 1 metre from the front property boundary, with at least half of the
fencing setback 2 metres. The area of land between the fence and the front property boundary shall be
densely landscaped to screen any fencing from the street.
4. 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.
5. Security in the form of a cash bond or trading bank guarantee to the sum of $10 000 must be submitted,
to secure performance of all conditions of this approval, prior to the issue of a development permit for
operational works. The cash bond or guaranteed sum will be returned on performance of the conditions
of approval less any costs incurred by Council in respect of enforcing performance of this permit.
6. 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.
7. Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like, thus remaining
as open structures.
8. The store room depicted on Level 2 plan, shall only be used for storage or other like purpose. It shall not
be utilised as a habitable room.
9. The proposed development shall have all kitchen, laundry and bathroom fittings that comply with the AAA
Water Conservation Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating
and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), with toilets to
comply with the AAAA Water Conservation Rating System. All tap ware and shower roses shall not
exceed a maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from this
requirement.
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10. The Development Permit for a material change of use of premises lapses if the use has not happened by
17 January 2012, unless an application to extend the currency is approved by Council.
Building Services
11. The works must be undertaken in a manner that causes no detrimental effect upon the amenity of the
neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric
pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Regulation 1998 or Council’s Local Law No. 12 – Control of
Nuisances.
Land Development
Lot Amalgamation
12. All lots and parts of lots that form part of this application shall be amalgamated into one undivided
allotment in accordance with Section 3.7.3 of the Integrated Planning Act and the Plan of Survey
submitted for registration at the Land Titles Office. Proof of title being issued for the amalgamated lot
shall be submitted to Council prior to the issue of the Development Permit for Operational Works.
Vehicle Access
13. A vehicular access driveway to serve proposed unit 1 of the development shall be constructed from the
Grant Street frontage of the site with a maximum width of 4.5m. Vehicle access to the proposed unit 2 of
the development shall be from the existing access driveway at the rear of the site.
14. The driveway shall be designed and constructed to Council’s design standards and to grades that prevent
vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath
without any step or level difference. Should any driveways be constructed to grades that do not comply
with AS/NZS 2890.1-2004, Council will require that the driveway be removed and reconstructed to levels
that do comply.
Please note, a step between the driveway and the footpath shall be avoided, as it is preferred to have the
footpath continue at a constant grade to minimise the potential for pedestrians to trip or fall.
15. To ensure pedestrian safety between vehicles exiting the site and pedestrians on the footpath, the
driveway and any associated fencing or vegetation near the driveway in Grant Street and at the
intersection of the rear access driveway and Banksia Avenue shall comply with the minimum sight line
requirements as defined in AS2890.1, section 3.2.4. The applicant shall demonstrate compliance by
illustrating these sight lines on the plans submitted for both Operational Works approval and Building
Works approval.
16. All vehicles shall enter and leave the site in a forward direction.
Vehicle Access Easement
17. A vehicle access easement shall be created over that part of the adjoining property (proposed Lot 4)
required to allow vehicles reversing from the eastern most carspace for Unit 2 on Level 1 to manoeuvre
and exit the site in a forward direction along the access driveway to Banksia Avenue in a total of 2
movements. The easement shall benefit proposed Lot 3 and burden proposed Lot 4.
In this regard, plans submitted for Operational Works approval shall accurately show the location of the
easement. In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at the Land Titles
Office and any additional Titles Office forms or requisitions requiring the consent of Council will be
attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to the use
commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
Car Parking
18. Carparking shall be provided within the site generally as shown on drawing number 0703.3 SD.02D dated
April 2007 by Ian Gorton Design and drawing number 0703.3 SD.04D dated April 2007 by Ian Gorton
Design, except as modified herein.
19. A minimum of 4 covered carpark spaces shall be provided on site.
20. The carparking area shall be designed to comply with the provisions of AS/NZS 2890.1-2004 for user
class 1A with allowance for vehicles to enter and leave the site in a forward gear and with a minimum
head clearance (headroom) at any point of 2.2m.
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21. The proposed turning area adjacent to the proposed level 3 garaging shall be sign posted to indicate that
the area is a “Turning Area Only” and that “No Parking is Permitted”. The type and location of the signage
shall be clearly shown on any plans submitted for Operational Works – Access and Carparking.
22. All carparking shall be kept, maintained and sign posted in a condition fit for use.
23. and any drainage required to drain these areas shall also be shown on the plans.
Frontage Works
24. Footpath improvements such as topsoiling, grassing, and tree planting are required to the Grant frontage
of the site in accordance with Planning Scheme Policy PSP03 Landscaping Plants & Guidelines. Grass
shall be couch, free of weeds.
25. A contribution of $1,496 towards the construction of footpaths in the Grant Street local area shall be paid
to Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to
variations in the Consumer Price Index, All Groups Brisbane from September 2007 until the date of
payment.
26. All paths, driveways and turning areas shall be designed and constructed to ensure pedestrian safety
using non-slip materials, to produce an evenly graded surface finish, and to be in accordance with the
Disability Discrimination Act 1992 and Australian Standard 1428.1 Design for Access & Mobility.
27. All redundant vehicular crossings to the site shall be removed and replaced by kerb & channel, footpath
paving and landscaping such as trees and grasses in accordance with Council’s Standard specifications
prior to commencement of the use permitted by this permit.
Roof Water & Stormwater Drainage
28. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank (minimum
storage 3000 litres per attached dwelling/unit) that is installed to ensure water from the tank is used for
external uses (such as watering gardens, irrigation, ornamental ponds, water features, topping-up
swimming pools, outdoor cleaning, etc) and for use in flushing of toilets internal to the dwelling. All
rainwater tanks are to be designed and installed in accordance with the Queensland Development Code
(QDC), Part 25 – Rainwater Tanks, and shall be part of the plumbing application in conjunction with the
building approval. The location and capacity of the tanks shall be clearly shown on the plans submitted
for Building Works / Operational Works approval and any overflow shall be directed to the stormwater
drainage system.
29. All stormwater drainage (including roof water overflow from the rainwater storage system) shall be
collected and discharged so there is no net increase in stormwater runoff from the site. Stormwater
drainage permitted to drain from the site shall be discharged to Council’s existing drainage structures at
the rear of the site. Plans of the drainage design shall be prepared by a Registered Professional Civil
Engineer and submitted to Council prior to obtaining a Development Permit for Operational Works.
30. All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
31. The site shall be connected to Council’s existing sewerage reticulation systems and be constructed in
accordance with Council’s standards and requirements at no cost to Council.
Town Water Supply
32. The site shall be connected to Council’s existing town water supply and be constructed in accordance with
Council’s standards and requirements at no cost to Council.
33. Each individual water connection to the water reticulation system shall extend to the property boundary
and be metered. All fees for the supply of water meters shall be paid to the Council.
34. All water meters must be located outside the property boundary and in an easily assessable location to
facilitate unhindered reading by Council and/or Council’s contracted water meter readers, and not behind
fences or locked gates. In this regard approval of the water meter configuration and location must be
obtained from Council’s Water & Sewerage Capital Works Manager prior to lodgement and approval of
hydraulic drawings.
35. For Multiple Uses (including Building Format Plans, Group Title Plans, etc) the development shall be
served by:
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35.1. A single Body Corporate water meter to measure the total water consumption (including fire hose
reels, but excluding fire hydrants and fire sprinkler systems), and
35.2. Individual water meters to each tenement capable of being separately rated, and
35.3. A fire service (fully testable single detector check with metered bypass), where applicable, for flows
to fire hydrants and fire sprinkler systems (excluding fire hose reels).
Earthworks
36. Earthworks required on site shall be carried out in accordance with Section 3.8 of Council’s Engineering
Design Standards Manual and so as not to cause the additional ponding of water on any adjoining lands
or the blockage of, or interference with, any natural watercourses.
37. Earthworks carried out on site shall not affect the structural integrity of any of the existing fences and/or
structures and/or lands that border the development site.
Site Stability
38. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on site, determine the
soil classification, establish whether any measures are required to protect the stability of adjoining
buildings and/or structures and/or land, and make recommendations on the type of foundation system(s)
best suited for the proposed development. The recommendations of this report shall be incorporated into
the design and construction of the proposed development.
Erosion and Sediment Control
39. Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
control measures such as silt fencing, controlled gravel access to the site and controlled disposal of
waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted
to the Council for approval prior to obtaining a Development Permit for Operational Works.
Contributions Towards Council Infrastructure
40. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or upgrading
various infrastructure at the rates applicable at the time of payment. An estimate only of the contribution
amounts under the current Council policies and requirements is outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $3,002
PSP16 – Sewerage Headworks Contributions $2,163
PSP17 – Water Supply Headworks Contributions $3,844
PSP20 – Pathway Trunk Network Contributions $1,350
TOTAL Contribution Amount = $10,359
Please note, that these amounts are all subject to variations in the Consumer Price Index, All Groups Brisbane
from September 2007 until the date of payment.
All contributions must be paid prior to the issue of a Development Permit for Operational Works.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the contributions
not be paid at the due time, Council shall call upon the trading bank guarantee in full.
Processing of bonds for security where specific Council approval has been given for the bonding of
contributions will incur an administration fee in accordance with Council’s Land Development Commercial
& Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is cancelled,
the trading bank guarantee will be returned.
General
41. 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:-
41.1. Access and/or Carparking.
41.2. Stormwater Drainage.
41.3. Landscaping.
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41.4. Erosion & Sediment Control
42. 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.
43. Digital detailed designs including drawings, calculations, etc shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The
design shall be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design
Standards – Roads, Drainage and Earthworks. To avoid conflict with underground pipes or services, all
existing and proposed services required by the development shall be shown on the plans.
44. Any damage caused to any public utility during the course of construction shall be repaired to Council’s
standards and at no cost to Council.
45. Any alteration of any public utility or other facilities necessitated by the development of the land or
associated construction works external to the site shall be at no cost to Council.
46. The transportation of all materials to and from the site shall be undertaken in a manner such that no
particle 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.
Environmental Health
47. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme
Policy “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an
external imperviously paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
48. The developer must ensure there is a safe and suitable kerbside bin pick up location, or must provide a
safe and suitable onsite collection. NB the refuse vehicle must be able to enter and leave the site in a
forward direction without any dangerous maneuvers.
49. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet is to be designed to prevent storm water entry to the sewerage system and this can
be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the
waste area can be roofed, or any other design approved by Council.
50. Noise emission from mechanical equipment (air conditioners, refrigeration equipment or pool pumps etc)
shall comply with the following requirements:
50.1. The equipment shall be installed and located in a manner that prevents excessive noise in
accordance with Council’s Local Law No. 12 - Control of Nuisances. Infringement Notices (on-the-
spot fines) may apply for offences.
50.2. A person must not use equipment on any day if it makes or causes noise to be made:
50.2.1. From 10pm to 7am: More than the lower of either –
40 dB(A)
3 dB(A) above the background noise level
50.2.2. From 7am to 7pm: More than the lower of either –
50 dB(A)
5 dB(A) above the background noise level
50.2.3. From 7pm to 10pm: More than 3 dB(A) above the background noise level.
50.2.4. Pool pumps must not be audible at an effected premises between 10pm-7am
50.3. Submission of written certification from a suitably qualified person confirming that the noise levels
comply when measured at either the residential boundary or outside the most exposed part of an
affected building, whichever is the closest to the equipment. This is required immediately after
installation of the equipment and prior to any occupation of the building, and in a format approved
by Council. This assessment must take into account noise from all fixed equipment on the property
e.g. swimming pool pump, heating equipment, that may increase the overall noise level emitted.
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Note: it is recommended that the consultant that will be engaged to certify the noise levels of mechanical
equipment is asked to comment on the position and installation of equipment at the plan design stage,
this way noise problems can be minimised or avoided cost effectively.
51. Noise from residential building works shall comply with the following –
51.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
51.2. All reasonable measures are taken to minimise noise emissions.
51.3. Not permitted on Sunday or public holidays.
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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 applicant is advised that development contributions and infrastructure charges applicable to this
development approval have been based on the following Uses Class/ Uses and applicable quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class /
Existing Quantity Approved Quantity
Use Use
Multiple Housing - Type
Detached House Vacant Land 2 x 3 Bedroom Units
2 – Duplex
2. The applicant is informed that approval of this development application will trigger an Infrastructure
Charge in accordance with the Coastal Major Road Network Infrastructure Charges Plan for the estimated
amount of $3,835 and is subject to variations in the Consumer Price Index, All Groups Brisbane from
September 2007 until the date of payment. An Infrastructure Charge Notice will be issued in accordance
with Chapter 5 of the Integrated Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable method of
payment for development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
4. Digital detailed designs including drawings, calculations, etc, shall be submitted with any application for a
Development Permit for Operational Works in respect of roadworks and stormwater drainage 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. The design shall be in accordance with Council’s
Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.
5. This proposal has not been assessed in relation to the spread of fire between properties / buildings. It is
the building certifiers responsibility to assess the requirements for fire services, fire separation and
appropriate methods of construction as part of the building works approval process. Referral to the
Queensland Fire and Rescue Service (QFRS) may be required as part of the Building Approval process.
6. Fencing to the swimming pool must comply with the Queensland Building Act 1975 Part 3 (as amended)
and Part 5 of Standard Building Regulation 1993 in all respects. Direct access from the dwelling to the
pool enclosure is not permitted.
7. 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.
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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)
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