Att 6 - Existing MCU

Noosa Council documents




               NOOSA COUNCIL IDAS Development Application Decision Notice                                    7


               Division 9 - Appeals to court about other matters
               Appeals for matters arising after approval given
               (no co-respondents)
               4.1.31.(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 6.1.442 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               conditions under the repealed Act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               section 2.19(3)or section 4.4 of the repealed Act may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)




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


                                                                                           Print Date: 13 May 2024, 2:35 PM