Council archive · source document
SPA Decision Notice - 010.2010.00000100.001 [As Published] · MCU11/0053
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/100
3 August 2010
Eco Cottages Pty Ltd
PO Box 134
POMONA 4565
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 3 August 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/100
Street address: 9 School Street POMONA
Real property description: Lot 12 RP35096
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Material Change of Use - Multiple Housing Type 2
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
Planning Assessment
General
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table and as
amended by these conditions.
Plan / Document No. Issue. Plan / Document Name Date
Sheet 1 of 5 A Carparks – Eco Cottages 8 July 2010
Sheet 2 of 5 Floor Plan Existing Conditions – Eco 19 May 2010
Cottages
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Sheet 3 of 5 Floor Plan Proposed– Eco Cottages 19 May 2010
Sheet 4 of 5 Proposed Single Storey Residence – 19 May 2010
Eco Cottages
Sheet 5 of 5 Elevations – Eco Cottages 19 May 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. 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 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.
4. 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.
5. 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.
Relevant Period
6. The Development Permit for a material change of use lapses if the use has not happened by
3 August 2014, unless an application to extend the currency is approved by Council.
Landscaping
7. 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.
8. The landscape plans required to be submitted are to denote areas of existing vegetation or
existing trees proposed or required to be retained and shall include:
8.1. Retention of the 2 x Callistemon species in the road reserve;
8.2. Retention of trees 1-7 indicated on Sheet 1 of 5 drawn by Eco Cottages and dated 8
July 2010;
8.3. Vehicular pavements within the drip zone of any of the existing trees on site to be
retained shall be designed as a pervious pavement (such as grass paving cells or
similar), as this will allow water that falls on this surface to penetrate to the trees root
system. The pavement shall be constructed so as not to damage the tree or their root
system and in this regard temporary fencing shall be provided around the trees during
construction to help protect them.
Plans shall be submitted to the Council for approval that clearly show the type and
extent of the pervious pavement and the temporary fencing prior to obtaining a
Development Permit for Operational Works.
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8.4. Where retained tress are located in areas proposed to filled on site (or are located on
neighbouring allotments to the actual site to be filled), there will be a need to prevent fill
material from being placed on the trees root system. To this end the design of the filling
works will need to incorporate terracing around the tree or a similar means of ensuring
that the natural ground level around the trees remains generally the same as existing.
These measures shall clearly be shown on the plans submitted for Operational Works
approval and any drainage required to drain these areas shall also be shown on the
plans.
8.5. Native screening vegetation provided with a minimum width of 500mm along the side
boundaries;
8.6. The Council drainage reserve shall be revegetated for a distance of 5m beyond the rear
boundary with lomandras (mat rush) at 0.5m spacings; and
2
8.7. Exclusive clothes drying areas with minimum dimensions of 25m ;
9. 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.
10. Cleared vegetation is to be suitably processed by one of the following methods and removed
from the site:-
10.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled
loose in heaps of less than 1000 cubic metres, less than 2.5 metres high with a
minimum of 10 metres between edges of heaps.
10.2. Disposal for firewood.
10.3. Disposal for landscaping purposes.
10.4. Transport to alternative site for breaking down materials provided that all necessary
permits have been obtained to allow the alternate site to be used for this purpose.
10.5. The disposal method for clearing works is to be submitted in conjunction with an
application for a Development Permit for Operational Work. The Applicant is advised
that other methods may be considered provided full details of the method are submitted.
The Applicant is advised that burning off is an unacceptable method of disposal.
Fencing
11. 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. Alternatively, any
fence on the boundary shall be no more than 1.2 metres high and of open construction (i.e. at
least 50% transparent).
12. For increased surveillance of the adjoining drainage reserve, any fencing between the
drainage reserve and the rear dwelling unit shall be no more than 1.2 m high.
Noise Nuisance
13. Noise emission from mechanical equipment shall comply with the following requirements:
13.1. Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
13.2. Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
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14. Submission of written certification from a suitably qualified person confirming that the noise
levels from all mechanical equipment 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. The assessment and certification is required immediately after installation of
the equipment and prior to any occupation of the building, and in a format approved by
Council. All equipment should be operating at the same time to test the overall noise level
created.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is best
located. They can also advise about noise enclosures and can make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
everything is built.
15. Noise from residential building works shall comply with the following –
15.1. Limited to between 7:00am to 6:30pm Monday to Saturday.
15.2. All reasonable measures are taken to minimise noise emissions.
15.3. Not permitted on Sunday or public holidays.
Operational Works Assessment
Flooding
16. All buildings proposed on site shall be constructed to comply with Council’s Minimum Floor
Height requirements as defined in Council’s Planning Scheme and on Council’s Scheme Maps
at the time of issue of the Building Permit.
In this regard and as an indication only – “Habitable Rooms” should have a Minimum Floor
Height of RL 89.88 (AHD). These levels however are subject to change and verification shall
be made to Council’s Operational Works Assessment Branch prior to obtaining a Development
Permit for Building Works.
The applicant should note that compliance with these levels does not necessarily require the
site to be filled as an equal result can be achieved by suspending the lower levels of the
building as opposed to filling. To this extent excessive filling should be avoided to prevent any
impacts on neighbouring properties and minimum floor levels should be strictly adhered to
without building higher than is actually needed to prevent flooding
Vehicle Access
17. A vehicular access driveway to serve the development shall be constructed from the School
Street frontage of the site with a maximum width of 3.0m.
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.
18. 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 shall comply with the
minimum sight line requirements as defined in AS 2890.1, 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.
19. All vehicles shall enter and leave the site in a forward direction.
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Car Parking
20. Carparking shall be provided within the site generally as shown on drawing titled Sheet 1 of 5
drawn by Eco Cottages dated 8 July 2010, except as modified herein.
21. 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.
22. The proposed reversing bay shall be clearly marked/signposted to indicate the area is a
“Turning Area Only” and that “No Parking is Permitted”.
23. All carparking shall be kept and maintained in a condition fit for use.
Frontage Works
24. Kerb and Channel shall be constructed along the entire School Street frontage of Lot 12
RP35096. The kerb and channel shall be designed and constructed in accordance with
Council’s Planning Scheme Policy PSP5 Engineering Design Standards – Roads, Drainage
and Earthworks and to an alignment to be advised by Council at the time of construction. All
associated and ancillary work including pavement correction to the existing pavement,
drainage works, modification of the footpath, and adjustments to the existing infrastructure
shall be undertaken to complete the works.
In this regard specifications and plans detailing this work shall be prepared and submitted to
Council for approval prior to obtaining a Development Permit for Operational Works.
OR
In lieu of providing the kerb and channel along the School Street frontage of the site in
accordance with Council’s design standards, the applicant shall pay a monetary contribution of
$890 (equivalent to the full cost of providing this infrastructure, including design costs). This
amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from
March 2010 until the date of payment. The contribution shall be paid to Council prior to
obtaining a Development Permit for Operational Works.
25. A new 1.5m wide concrete path shall be constructed along the entire School Street frontage of
Lot 12 RP35096. The path shall be designed and constructed in accordance with Council’s
Planning Scheme Policy PSP5 Engineering Design Standards – Roads, Drainage and
Earthworks and to an alignment that protects any significant vegetation or any underground
services.
OR
In lieu of providing a 1.5m wide concrete path along the School Street frontage of the site in
accordance with Council’s design standards, the applicant shall pay a monetary contribution of
$2,311 (equivalent to the full cost of providing this infrastructure, including design costs
calculated at $135 per linear metre). This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from March 2010 until the date of payment. The
contribution shall be paid to Council prior to obtaining a Development permit for Operational
Works
26. Footpath improvements such as topsoiling, grassing, and tree planting are required to the
School Street frontage of the site in accordance with Planning Scheme Policy PSP03
Landscaping Plants & Guidelines. Grass shall be couch, free of weeds.
27. All paths, driveways and parking 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.
28. 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.
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Roof Water & Stormwater Drainage
29. Roof runoff from any new dwelling shall be directed to a rainwater storage system or tank that
is installed to ensure water from the rainwater storage system or tank is used for external uses
(such as watering gardens, irrigation, ornamental ponds, water features, topping-up swimming
pools, outdoor cleaning, etc) and for internal (ground floor) use in washing machine cold taps
and toilet cisterns. All rainwater tanks are to be designed and installed in accordance with the
Queensland Development Code (QDC) current at the time of building approval, and shall be
part of the plumbing application for 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 approved stormwater drainage system.
30. 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 as overland
flow at the rear of the site. Any stormwater discharged as overland flow must be collected and
controlled within the site and discharged at pre-development overland flow rates (volume and
velocity) without causing scour or damage to the subject site or any adjoining property. 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.
31. All site stormwater drainage shall be by means of a gravity system.
Service Easements (Stormwater)
32. A registered easement shall be created over any stormwater drainage pipes within the site
that collect stormwater from a Council road or convey stormwater from any adjoining property
(for example, where drainage pipes are provided within the site to prevent adjacent properties
from additional ponding/flooding due to the subject site being filled).
33. No building or other structure shall be constructed or encroach over an easement.
Earthworks
34. Filling works required on site shall be carried out in accordance with Council’s Planning
Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or the blockage of, or interference with, any natural
watercourses. Detailed site surveys indicating natural surface levels and contours of the
adjoining properties must be provided with the application for a Development Permit for
Operational Works for Filling and Drainage.
This may require the design and construction of drainage pipes and/or an overland flow-path
within the development site that caters for drainage from the adjoining sites for a design storm
with an Average Recurrence Interval of 1 in 100 years. A private easement for the Drainage of
Water encompassing the drainage pipes or overland flow-path will also be required. In this
regard a Development Permit for Operational Works shall be obtained.
Should evidence be provided to Council indicating that no additional ponding of stormwater
will occur on the adjoining properties the requirement for the drainage pipes, overland flow-
path and easement shall not apply.
35. Earthworks carried out on site shall not affect the structural integrity of any of the existing
fences or structures that border the development site. Fences that are affected shall be
replaced prior to the Building Certifier issuing the Certificate of Classification. In this regard
any fences to be replaced shall be clearly shown on the plans submitted for Operational
Works approval.
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. 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.
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Infrastructure Contributions
37. The applicant must pay contributions towards trunk infrastructure in accordance with the
following Planning Scheme Policies and Council Policies:
(a) Planning Scheme Policy 12 – Public Open Space Contributions;
(b) Planning Scheme Policy 13 – Contributions in Lieu of Off Street Parking;
(c) Planning Scheme Policy 16 – Sewerage Headworks Contributions;
(d) Planning Scheme Policy 17 – Water Supply Headworks Contributions;
(e) Planning Scheme Policy 20 – Pathway Trunk Network Contributions;
(f) Council Policy – Rural Roadworks Contributions;
(g) Council Policy – Master Drainage Contributions.
For material change of use of premises approvals the contributions must be paid prior to the
commencement of use, for reconfiguring a lot approval contributions must be paid prior to
Council approval of the plan of subdivision.
The actual amount of the contribution must be calculated and paid in accordance with the Planning
Scheme Policies and variations due to indexation current at the time of payment.
General Engineering Requirements
38. 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.
39. Digital detailed designs including drawings, calculations, specifications 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.
40. To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the
use of ADAC are available at www.adac.com.au).
41. 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.
42. 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.
43. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer
for design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and
type of all services and structures. All of which shall be submitted to Council for checking and
for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in
the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC
are available at www.adac.com.au).
Approval of works shall not be granted until all As Constructed information has been supplied
and accepted by Council.
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Unitywater
Water & Sewerage
44. Reticulated sewerage must be provided to the development with a single sewerage
connection to serve both dwellings on the Lot.
45. Buildings and structures must maintain a minimum 1.0 metre clearance from the Council
sewer inspection opening.
46. Storm water retention systems and gross pollutant traps must maintain a minimum clearance
of 1.5 metres from Council sewerage infrastructure.
47. Separate 25mm PE water services must be installed to a common lot boundary with
independent meters installed outside the boundary of the lot in accordance with Sunshine
Coast Water Standard Drawing SCW 361. The existing 20mm water service must be
disconnected.
48. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Council’s
water mains and 1.5 metres from Council sewerage infrastructure. Landscaping plants within
these clearances must be low growing when mature and suitable approved varieties.
49. 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.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Issue. Plan / Document Name Date
Sheet 1 of 5 A Carparks – Eco Cottages 8 July 2010
Sheet 2 of 5 Floor Plan Existing Conditions – Eco Cottages 19 May 2010
Sheet 3 of 5 Floor Plan Proposed– Eco Cottages 19 May 2010
Sheet 4 of 5 Proposed Single Storey Residence – Eco 19 May 2010
Cottages
Sheet 5 of 5 Elevations – Eco Cottages 19 May 2010
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77 (1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for operational works over the site.
2. The development should 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
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emissions in accordance with the nuisance provisions of the Environmental Protection
Regulation 1998 or Council’s Local Law No. 12 – Control of Nuisances.
3. 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.
4. The applicant is advised that a Compliance Permit for all plumbing and drainage works within
the boundaries of the development site shall be obtained from Council’s Plumbing Services
Section prior to obtaining a Development Permit for Building Works.
5. Connection to Council live water mains and the Council live sewer system must be undertaken
by Council at the applicants cost.
Infrastructure Contributions
6. An advice notice outlining the estimated infrastructure contributions payable and the basis for
their calculation under the current Planning Scheme Policies and Council Policies is attached
with this Development Permit.
7. Please contact Council's Infrastructure Charges Officer (email:
[email protected]) a minimum of 5 business days prior to payment of the
infrastructure contributions and/or charge notice so a payment advice detailing the amounts
applicable at the time of payment may be issued to accompany the payment.
8. Payment of infrastructure contributions and/or infrastructure charge notices will not be
accepted by credit card transaction.
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.
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 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 Operational Access and/or Carparking, Site Civil Works,
Works Stormwater Drainage, Frontage Works, Landscaping,
and Erosion & Sediment Control
Development Permit for Building Works All Building Works
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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.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
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.
Yours faithfully,
Tracy Jones
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
Infrastructure Contributions Advice Notice
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(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
(e) a deemed refusal of the development a prescribed concurrence agency for the
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 a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
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
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
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
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(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for
(3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request;
an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
Page 12 of 12
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