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Decision Letter - Change to an Existing Approval - 010.2005.00001148.003 [As Published] · 132005.1148.03

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                                               Officer:          Marcus Brennan
                                               Direct Telephone: (07) 5449 5225
                                               Response Address: Locked Bag 72
                                                                 Sunshine Coast Mail Centre QLD 4560
                                               Email:            [email protected]
                                               Our Reference:    2005/1148
                                               Your Reference:
14 October 2010



Ray Hegarty
CARE Stephen Kidd Design Pty Ltd
PO Box 262
NOOSA HEADS QLD 4567



Dear Sir

                          Change to an Existing Approval
                                   Sustainable Planning Act 2009

I refer to your request to make a change to an existing approval. On 13 October 2010 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:

1        APPLICATION DETAILS

    Application No:                2005/1148
    Street address:                28 Park Crescent SUNSHINE BEACH
    Real property description:     LOT: 593 RP: 48112
    Planning Scheme:               The Noosa Plan

2        DECISION DETAILS

Council on 20 January 2006 decided to issue the following type of approval:-
     Development Permit for a Material Change of Use - Dwelling House in a Sand Dune Problem Area
In relation to your request to extend the relevant period for the above development approval, Council
on 2 February 2010 decided to:
A.        Extend the relevant period and amend condition 13.
B.        Approve to change conditions 1, 5, 15, 20, 28, 29 & 30.
C.        Delete conditions 7 & 18.
D.        Issue a Change to an Existing Approval.
In relation to the request to make a change to the existing approval, Council on 13 October 2010
decided to:
A.       Approve a change to Condition 1.
B.       Include additional Condition 43.
C.       Issue a Change to an Existing Approval.

                                                                                         Page 1 of 14
Full text of the other 13 pages

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                                                                                        2005/1148


3     RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4     ASSESSMENT MANAGER CONDITIONS
Land Use
1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development and may be amended by these conditions and annotations on
      the plans.

      Plan No.       Rev     Plan / Prepared by                                Date
      0221.SK2       P3      Lower Floor Plan – Kidd & Co Designers            16 June 2010
      0221.SK3       P3      Main Floor Plan – Kidd & Co Designers             16 June 2010
      0221.SK4       P3      Upper Floor Plan – Kidd & Co Designers            16 June 2010
      0221.SK5       P3      Elevations – Kidd & Co Designers                  16 June 2010
      0221.SK6       P3      Roof Plan/Section – Kidd & Co Designers           16 June 2010

2.    The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting nuisance or other emissions.
3.    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.
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.    The two existing she oak trees and the two existing Banksia trees located at the rear of the
      site shall be retained in accordance with Drawing No. 0221.SK06 prepared by Kidd & Co
      Designers dated December 2009.
6.    Native screening vegetation shall be provided along the entire length of the northern elevation
      of the garage in the area between the garage and the northern property boundary.
7.    Deleted.
8.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of work confirming compliance with the maximum
      allowable building height as required by either the conditions of approval or the Planning
      Scheme.
9.    Any deck or balcony areas are not to be enclosed with shutters, glass panelling or the like,
      thus remaining as open structures.
10.   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.

                                                                                      Page 2 of 14

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                                                                                      2005/1148

11.   Security in the form of a cash bond or trading bank guarantee to the sum of $20 000 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 trading bank guarantee will be
      returned on performance of the conditions of approval less any costs incurred by Council in
      respect of enforcing performance of this permit.
12.   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.
13.   The Development Permit for a material change of use of premises lapses if the use has not
      happened by 2 February 2012, unless an application to extend the Relevant Period is
      approved by Council.
14.   The developer must obtain all of the other Development Permits referred to in the Decision
      Notice, prior to obtaining a Development Permit for Building Works.
Land Development
Vehicle Access
15.   A vehicular access driveway to the development shall be provided off Park Crescent via a
      5.5m wide driveway generally in accordance with the submitted Drawing No 0221.SK03 dated
      December 2009 prepared by Kidd & Co, except as modified herein.
16.   The design and the construction of the access driveway shall ensure that surface runoff is
      directed away from the garage and that an overland secondary flow path shall be provided
      free of obstruction and shall be constructed to discharge in a manner that does not cause
      scouring to the sand dune slope or adversely impact on adjoining properties.
17.   The driveway shall be designed and constructed to Council’s design standards and to grades
      that prevent vehicles from scraping and/or bottoming. Should any driveways be constructed to
      grades that do not comply with AS2890.1-2004, Council will require that the driveway be
      removed and reconstructed to levels that do comply. A Development Permit for Operational
      Works shall be required.
18.   Deleted.
19.   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.
Car Parking
20.   Car parking shall be provided within the site generally as shown on Drawing No 0221.SK03
      dated September 2005 by Kidd & Co, except as modified herein.
21.   Car parking in term of size and head room shall be in accordance with AS2890.1-2004.
Vegetation Protection
22.   All vegetation removal shall be minimised. Any removal of existing vegetation shall be
      followed by reinstatement of deep rooted native vegetation common in the area. Any existing
      vegetation outside the building envelope shall be retained and maintained throughout
      construction. Any bared soil shall be revegetated immediately, or protected from erosion (eg
      by using erosion control matting) until revegetated.
Frontage Works
23.   Footpath improvements such as topsoiling and grassing are required to the frontage of the site
      in accordance with Planning Scheme Policy PSP1 Landscaping Guidelines. Grass shall be
      couch, free of weeds.



                                                                                    Page 3 of 14

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                                                                                        2005/1148



Stormwater Drainage
24.   Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank
      (minimum storage 3000 litres per dwelling) that is plumbed to service the toilets in the new
      dwelling and landscaping areas. The design of the rainwater storage system shall be part of a
      Plumbing Application.
25.   All stormwater drainage permitted to drain from the site including overflows from the
      stormwater storage and runoff from paved areas shall be collected on site be discharged into
      Council’s existing stormwater system in Park Crescent where possible or into stormwater
      infiltration system/soakage pits with an adequate capacity for the 1 in 20 year storm event as
      minimum, and be designed by RPEQ.
26.   The proposed infiltration soakage pit/s shall be located as far as practicable away from the
      side and rear boundaries. A Development Permit for Operational Works shall be required.
27.   All site stormwater drainage shall be by means of a gravity system.
Sewer Mains
28.   Reticulated water supply and sewerage must be provided to the development site. The site
      shall be connected to the Council reticulated sewerage system via a separate, privately
      owned, sewage pumping station and rising main system. The system shall be installed at the
      time of building construction and shall:
      (a)     Be constructed to current industry standards;
      (b)     Include both duty and standby pumps;
      (c)     Include a septic tank on the upstream side;
      (d)     Provide a minimum 24 hours emergency sewage storage;
      (e)     Include a high level audible alarm and flashing light warning system;
      (f)     Deliver a maximum flow of 2.0 l/s to Council’s sewerage system;
      (g)     Be designed to ensure any potential noise and odour problems are prevented;
      (h)     Include rising mains constructed from minimum class PN 16 pipe work.
29.   Buildings and structures must maintain a minimum 1.0 metre clearance from the connection
      point of the private rising main to the Council main located within the site.
30.   Construction works undertaken in the vicinity of Council water supply or sewerage
      infrastructure must not adversely affect the integrity of the infrastructure. All costs associated
      with repair, replacement or alteration of infrastructure must be met by the applicant.
Earthworks and Site Stability

31.   All civil works on the site shall take into consideration the findings and the recommendations of
      the geotechnical investigation report dated 23 August 2005 prepared by SCG Consulting
      Engineers, Reference 15255(S).
32.   Cut and fill works required on site shall be undertaken without the use of vibratory equipment
      and in a manner does compromise the stability of the site or adversely impact on the
      stormwater drainage pattern and be in accordance with the geotechnical investigation report
      dated 23 August 2005 prepared by SCG Consulting Engineers.
33.   All excavations both temporary and permanent must be adequately retained to prevent the
      occurrence of landslip and the retention works shall be carried under direct guidance and
      supervision of a geotechnical engineer.



                                                                                      Page 4 of 14

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                                                                                        2005/1148

34.   Earthworks carried out on site shall not affect the structural integrity of any of the existing
      fences, services, road stability or structures that border the development site. Fences that are
      affected shall be replaced prior to plan endorsement. In this regard any fences to be replaced
      shall be clearly shown on the plans submitted for Operational Works approval.
35.   The footings and foundation works shall be founded to a depth recommended by a
      geotechnical engineer. Any shallow footings or ground bearing slabs design shall address the
      potential of slope movement in detail.
Erosion and Sediment Control
36.   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. Giving the sensitivity of the site the type of
      erosion control devices and the manner of their installation shall not comprise the integrity of
      the sand dune and the steep slope.
37.   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.
Pathway Contributions
38.   A pathway contribution of $630.00 towards external major pathways, in accordance with
      Planning Scheme Policy PSP41 Pathway Trunk Network Contributions, shall be paid to the
      Council prior to obtaining a Development Permit for Building Works. This amount will be
      subject to variations in the Consumer Price Index, All Groups Brisbane from September 2005
      until the date of payment.
General
39.    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.
40.   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.
Building Services
41.   Side fences/walls shall not exceed 2.0 metres above natural ground level.
42.   The applicants geotechnical report has been assessed and the following conditions are
      applicable:-
      42.1. A condition survey is to be carried out of adjoining buildings, structures and services
            prior to any demolition works or construction works taking place on site. If distress
            already exists, a photographic survey shall be undertaken, the distress measured and a
            plan to monitor changes to distress shall be implemented;
      42.2. The applicant shall undertake all reasonable measures to protect the adjoining
            properties from any damage resulting from the proposed building work;
      42.3. A RPEQ is to be engaged by the client to oversee the piling works;
      42.4. The applicant’s Geotechnical engineer will be required to be on site as required for and
            during any major excavation and to immediately reassess the site should the ground
            conditions substantially deviate from the initial appraisal and to further notify council of
            the changes;




                                                                                      Page 5 of 14

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                                                                                            2005/1148

        42.5. The construction of the whole of the foundations is to be overseen by a consulting
              Geotechnical Engineer. If there is a risk of sand movement occurring all work shall be
              suspended until such steps, approved by the applicant’s Geotechnical Engineer, have
              been taken to ensure that no further slippage will result.
Additional Condition – 12 August 2010
43.     Any structure extending forward of the 15 metre setback from the seaward property boundary
        is to be cantilevered.

5       REFERRAL AGENCY CONDITIONS

The referral agencies applicable to this application are:

 Referral Trigger        Referral Status     Referral Agency        Referral Address
 MCU - Coastal           Concurrence         Department of          Administration Officer
 Management                                  Environment and        Implementation and Support Unit
 District                                    Resource               PO Box 15155
                                             Management             CITY EAST QLD 4002

A copy of any referral agency conditions is attached.

6       APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:

      Plan No.           Rev     Plan / Prepared by                                Date
      0221.SK2           P3      Lower Floor Plan – Kidd & Co Designers            16 June 2010
      0221.SK3           P3      Main Floor Plan – Kidd & Co Designers             16 June 2010
      0221.SK4           P3      Main Floor Plan – Kidd & Co Designers             16 June 2010
      0221.SK5           P3      Elevations – Kidd & Co Designers                  16 June 2010
      0221.SK6           P3      Roof Plan/Section – Kidd & Co Designers           16 June 2010

7       ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.      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 amount of $2,603.00 and is subject to variations in the Consumer Price
        Index, All Groups Brisbane from September 2005 until the date of payment. An Infrastructure
        Charge Notice will be issued in accordance with Chapter 5 of the Integrated Planning Act
        1997.
2.      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.
3.      The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
        Local Law No. 12, prevents a builder or building contractor carrying out building work on a
        building site in a way that makes or causes audible noise to be made from the building work:-
        3.1.     On a Sunday or public holiday, at any time; or
        3.2.     On a Saturday or a business day, before 7.00am or after 6.30pm.
                                                                                          Page 6 of 14

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                                                                                         2005/1148

      A maximum penalty of $1,500 applies to an offence under this legislation.
Prior to the commencement of the development, a plumbing assessment must be obtained from
Sunshine Coast Regional Council’s Plumbing Services Section in accordance with the Plumbing &
Drainage Act 2002 (as applicable).
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES
Not applicable.

9     PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.

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, access driveway, site civil works,
                                                 stormwater drainage and sewer reticulation

11    SELF ASSESSABLE CODES
Not applicable.

12    SUBMISSIONS
Not applicable.

13    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable.

14    RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.

15    OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

                                                                                      Page 7 of 14

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                                                                                 2005/1148


Decision Notice History
20 January 2006 -            Original Decision Notice.
2 February 2010              Approved extension of the relevant period to 2 February 2012,
                             amendment to Condition 13, change to Conditions 1, 5, 15, 20, 28,
                             29 & 30 and deletion of Conditions 7 & 18.
13 October 2010              Approved a change to Condition 1 and the addition of Condition 43.

Yours faithfully,




Tracy Jones
Senior Development Planner




Encl:   Appeal Rights
        Approved Plans




                                                                               Page 8 of 14

Page 9

                                     2005/1148


Amended Referral Agency Conditions
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009




                                   Page 9 of 14

Page 10

   2005/1148




Page 10 of 14


[OCR of page images]
2005/1148

 

‘ Notice
Amended Concurrence Agency Response

General advice to assessment manager
(1) DERM does not consider the pool to be of demountable construction.
(2) DERM advises that due to the site being situated in an Erosion Prone Area, that the removal of

or damage to vegetation outside the boundaries of the subject site for any purpose, including
beach access or view impravernent would detrimentally impact on the level of erosion.

Pursuant to sections 334 and 363 of the Act, a copy of a decision notice or negotiated decision notice Issued
by the assessment manager must be forwarded to DERM as a referral agency for the relevant application at
GPO 2454, Brisbane Qid 4001 and an electronic copy to eco. rm. qid.qov.au.

‘The State's Native Title Work Procedures provide that responsibility for assessment of native title issues for
an IDAS application rasts with the assessment manager. Therefore, DERM as a referral agency for the
relevant application has not provided notification to native title parties.

5.

Conditions

{1} Only acceptable temporary or relocatable structures for safety and recreational purposes are
permitted seaward of the Coastal Building Line.

{2) No cantilevered structures shall protrude more than 3.0m over the Coastal Building Line.

{3} Native, shade-tolerant coastal species are to be planted in the area shaded by the cantilevered
Structures to assist in the stability of the site,

(4) Existing native trees on site are to be retained except where required to be removed due to
building operations.

(5) Native coastal species are to be planted seaward of the Coastal Building Line to reduce any
potential impacts of natural coastal processes on the sile.

END OF CONDITIONS
Delegate Enquiries:
Ben Sale int dle?
Manager (Sunshine Coast) vironmental Services North
Environmental Services North South East Region
South East Region Department of Environment and
Department of Environment and Resource Resource Management

Management

PO Box 168, Cotton Tree Q 4558
Phone: 07 5459 6135

Fax: 0754439927

Email: [email protected]

 

Page 2af 2 + 00217

Department of Environment and Resource Management

Page 10 of 14

Page 11

                                        2005/1148


Original Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                          <
                                     Page 11 of 14

Page 12

   2005/1148




Page 12 of 14


[OCR of page images]
2005/1148

 

ecoaccess

environmental licences and permits

Notice

Notice of Decision - Concurrence Agency Response

Review and appeal processes may be available to the applicant in regard to this decision. An extract from the
Integrated Planning Act 1997 (|PAct) is attached. This attachment details the applicant's rights regarding this
decision. The applicant should seek independent advice to confirm the procedures available.

If you require more information, please contact Bob Hearle, the Project Manager, on the telephone number

listed betow.

Yours sincerely

 

 

K kext

 

Jof ufos

 

Rod Kent _
Operations Manager Coastal Licensing
Environmental Protection Agency

Page 2 of 2 - 09/03, Version 1.1

Enquiries:

Coastal Unit (Southern Region)
Environmental Protection Agency
PO Box 15155

CITY EAST QLD 4002
Telephone: (07) 3225 1210
Facsimile: (07) 3221 0768

‘

Environmental Protection Agency

Page 12 of 14

Page 13

                                                 Appeal Rights
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009


                                                                       (ii)  the length of a period mentioned in
The following is an extract from the Sustainable                             section 341 for the approval.
Planning Act 2009 (Chapter 6).
                                                            (3)     However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter—
LOT & OPERATIONAL WORKS                                             (a) withdraws the submission before the
Division 8 - Appeals to          court   relating   to                 application is decided; or
development applications                                            (b) has given the assessment manager a
461     Appeals by applicants                                          notice under section 339(1)(b)(ii).
(1)     An applicant for a development application          (4)     The appeal must be started within 20
        may appeal to the court against any of the                  business days (the submitter’s appeal
        following-                                                  period) after the decision notice or
        (a) the refusal, or the refusal in part, of a               negotiated decision notice is given to the
           development application;                                 submitter.
        (b) any condition of a development approval,        463   Additional and extended appeal rights for
           another matter stated in a development                 submitters for particular development
           approval and the identification or inclusion           applications
           of a code under section 242                      (1)     This section applies to a development
        (c) the  decision to give a preliminary                     application to which chapter 9, part 7
           approval when a development permit was                   applies.
           applied for;                                     (2)     A submitter of a properly made submission
        (d) the length of a period mentioned in                     for the application may appeal to the court
           section 341;;                                            about a referral agency’s response made by
                                                                    a prescribed concurrence agency for the
        (e) a deemed refusal of the development                     application.
            application.                                    (3)     However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or              against a referral agency’s response to the
        (d) must be started within 20 business days                 extent it relates to—
        (the applicant’s appeal period) after—
                                                                    (a) if the prescribed concurrence agency is
        (a) if a decision notice or negotiated decision                the chief executive (environment)—
            notice is given—the day the decision                       development for an aquacultural ERA; or
            notice or negotiated decision notice is
                                                                    (b) if the prescribed concurrence agency is
            given to the applicant; or
                                                                       the    chief   executive       (fisheries)—
        (b) otherwise—the day a decision notice was                    development that is—
            required to be given to the applicant.
                                                                       (i)    a material change of use of
(3)     An appeal under subsection (1)(e) may be                              premises for aquaculture; or
        started at any time after the last day a                       (ii)   operational work that is the removal,
        decision on the matter should have been                               damage or destruction of a marine
        made.                                                                 plant
462     Appeals by submitters - general                     (4)     Despite section 462(1), the submitter may
(1)     A submitter for a development application                   appeal against the following matters for the
        may appeal to the court only against-                       application even if the matters relate to code
        (a) the part of the approval relating to the                assessment—
           assessment manager’s decision about                      (a) a decision about a matter mentioned in
           any part of the application requiring                       section 462(2) if it is a decision of the
           impact assessment under section 314; or                     chief executive (fisheries);
        (b) the part of the approval relating to the                (b) a referral agency’s response mentioned in
            assessment manager’s decision under                       subsection (2).
            section 327.                                    464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under           (1)     Subsection (2) applies if an advice agency, in
        subsection (1), the appeal may be against 1                 its response for an application, told the
        or more of the following—                                   assessment manager to treat the response
        (a) the giving of a development approval;                   as a properly made submission.
        (b) any provision of the approval including—        (2)     The advice agency may, within the limits of its
           (i)    a condition of, or lack of condition              jurisdiction, appeal to the court about—
                  for, the approval; or

                                                                                           Page 13 of 14

Page 14

                                                                                       2005/1148

      (a) any part of the approval relating to the    (1)    A person to whom a notice under section
         assessment manager’s decision about                 378(9)(b) giving a decision to change or
         any part of the application requiring               cancel a condition of a development approval
         impact assessment under section 314; or             has been given may appeal to the court
      (b) any part of the approval relating to the           against the decision in the notice.
          assessment manager’s decision under         (2)    The appeal must be started within 20
          section 327                                        business days after the day the notice of the
(3)   The appeal must be started within 20                   decision is given to the person.
      business days after the day the decision        For Building Works Only
      notice or negotiated decision notice is given   532    Appeals by applicants
      to the advice agency as a submitter.
                                                      (1)    If—
(4)   However, if the advice agency has given the
      assessment manager a notice under section              (a) a person has been given, or is entitled to
      339(1)(b)(ii), the advice agency may not                  be given—
      appeal the decision.                                       a.      an information notice under the
465   Appeals about decisions         relating   to                      Building Act about a decision
      extensions for approvals                                           other than a decision under
                                                                         that Act made by the
(1)   For a development approval given for a                             Queensland Building Services
      development application, a person to whom a                        Authority; or
      notice is given under section 389, other than
      a notice for a decision under section 386(2),              b.      an information notice under the
      may appeal to the court against the decision                       Plumbing and Drainage Act
      in the notice.                                                     2002 about a decision under
                                                                         part 4 or 5 of that Act; or
(2)   The appeal must be started within 20
      business days after the day the notice of the          (b) a person—
      decision is given to the person.                           a.        was an applicant for a building
(3)   Also, a person who has made a request                                development approval; and r
      under section 383 may appeal to the court                  b.        is dissatisfied with a decision
      against a deemed refusal of the request                              under the Building Act by a
                                                                           building certifier or referral
(4)   An appeal under subsection (3) may be
                                                                           agency about inspection of
      started at any time after the last day the
                                                                           building work the subject of the
      decision on the matter should have been
                                                                           approval; the person may
      made.
                                                                           appeal against the decision to
466   Appeals about decisions         relating   to                        a building and development
      permissible changes)                                                 committee.
(1)   For a development approval given for a          (2)    An appeal under subsection (1) must be
      development application, the following                 started within 20 business days after the day
      persons may appeal to the court against a              the person is given notice of the decision.
      decision on a request to make a permissible
                                                      (3)    If—
      change to the approval—
                                                             (a) under the Building Act, a person makes
      (a) if the responsible entity for making the               an application other than a building
         change is the assessment manager for
                                                                 development application to a local
         the application—                                        government; and
         (i)   the person who made the request;
                                                             (b) the period required under that Act for the
               or                                                local government to decide the
         (ii) an entity that gave a notice under                 application (the decision period) has
               section 373 or a pre-request                      passed; and
               response notice about the request             (c) the local government has not decided
      (b) if the responsible entity for making the               the application; the person may appeal
          change is a concurrence agency for the                 to a building and development
          application—the person who made the                    committee against the lack of the
          request..                                              decision and for the committee to decide
(2)   The appeal must be started within 20                       the application as if it were the local
      business days after the day the person is                  government.
      given notice of the decision on the request     (4)    An appeal under subsection (3) must be
      under section 376.                                     started within 20 business days after the end
(3)   Also, a person who has made a request                  of the decision period..
      under section 369 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.
467   Appeals about changing or cancelling
      conditions imposed by assessment
      manager or concurrence agency

                                                                                   Page 14 of 14

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Decision Letter - Change to an Existing Approval - 010.2005.00001148.003 [As Published].pdf · 331 KB (small file)

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