08/1927 - Decision Notice & Approved Plans - Noosa Iconic Panel [As Published] · 132008.1927

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(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conditions under the repealed Act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section 2.19(3)or section 4.4 of the repealed Act .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 subséction (1)(b) may be
Started at any time after the last day a décision on
the matter should: have been'made..

Appeals against local laws

4.1,33B.(1) An applicant who is dissatisfied with a
decision ofa 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. ‘

“sy (2). The appeal ‘must: be started within 20
, business days after ‘the day notice ‘of the decision
_ is given-to the applicant.

For Building Works ‘Only
Rights’ ‘of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:

Division 3 - Appeals. to tribunals relating to
development applications

Appeals by applicants

4.2.9(1) An applicant .for a development

application may appeal to the Building and

Development Tribunal 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

(c) the decision to give a preliminary approval
when a development permit was applied for;

? Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or
concurrence agency in certain circumstances)

3 Section 3.1.6 (Preliminary approval may override
local planning instrument)

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(d) the length of a period mentioned in section

3.5.21 relevant period;

(e)} a deemed 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 (1)(e) may be

Started at any time after the last day a decision on
the matter should have been made.
The Registrar for the Building and
Development Tribunal may be contacted at
the . website
http: dhenwew. localgovernment. qid.gov.au/

For Infrastructure Charges Only
4.1.36 Appeals about particular
infrastructure charges

(1) This section applies toa person who has
been given, and is dissatisfied with, an
infrastructure charges notice or a regulated State
infrastructure charges notice.

. (2). The person may appeal! to the court against

the: notice.
{3} The’ appeal, must be started within’ 20

‘ business days after-

(a) if the notice is given because of a
development approval or master plan
approval-the day the applicant is given notice
of the decision about the approval; or

(b) otherwise-the day the notice is given to the

person.

(4) An appeal under this section may only be

about-

{a) whether a charge in the notice is so
By “unreasonable that no reasonable relevant
* local goverriment, State infrastructure
‘prévider or coordinating agency could have
imposed it; or
(b) an error in the calculation of the charge.

(5) To remove any doubt, it is declared that an
appeal under this section can not be about the
methodology uséd to establish the charge in the
relevant infrastructure charges schedule or
regulated State infrastructure charges schedule.

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“ Attachment to Decision Notice