Att 6 - Existing MCU

Noosa Council documents




           NOOSA COUNCIL IDAS Development Application Decision Notice                                                                         6




                                                                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               development applications                                               notification under the repealed Act.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)



           SEP o:\database\onestop\decision.doc                                                   21/08/07


                                                                                                                           Print Date: 13 May 2024, 2:35 PM